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Capital IconMinnesota Legislature

HF 1785

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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

Bill Text Versions

Engrossments
Introduction Posted on 03/14/2005
1st Engrossment Posted on 04/11/2005

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 1.45 1.46 2.1 2.2
2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13
2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5
3.6
3.7 3.8 3.9 3.10 3.11
3.12 3.13 3.14 3.15 3.16 3.17 3.18
3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15
4.16
4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2
5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23
5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17
6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27
6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10
7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29
7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22
8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 8.36 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10
9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28
9.29 9.30 9.31 9.32 9.33 9.34 9.35 9.36 10.1 10.2 10.3
10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15
10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 10.36 11.1 11.2 11.3 11.4
11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22
11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 11.36 12.1 12.2 12.3 12.4 12.5 12.6 12.7
12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17
12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 12.36 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12
13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29
13.30 13.31 13.32 13.33 13.34 13.35 13.36 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29
14.30
14.31 14.32 14.33 14.34 14.35 14.36 15.1
15.2
15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12
15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 15.36 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14
16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 16.36 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30
17.31 17.32 17.33 17.34 17.35
17.36 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 18.36 19.1 19.2 19.3
19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 19.35 19.36 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20
20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33
20.34 20.35 20.36 21.1 21.2 21.3
21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26
21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 21.36 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28
22.29 22.30 22.31 22.32 22.33 22.34 22.35 22.36 23.1 23.2 23.3 23.4
23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 23.35
23.36 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21
24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 24.36 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25
25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 25.36 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10
26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23
26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 26.36 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34
27.35 27.36 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 28.36 29.1 29.2 29.3
29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22
29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 29.36 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26
30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 30.36 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20
31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 31.36 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21
32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 32.36 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17
33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28
33.29 33.30 33.31 33.32 33.33 33.34 33.35 33.36 34.1 34.2 34.3
34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27
34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 34.36 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14
35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30
35.31 35.32 35.33 35.34 35.35 35.36 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15
36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 36.36 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12
37.13 37.14 37.15 37.16 37.17 37.18
37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28
37.29 37.30 37.31 37.32 37.33 37.34 37.35 37.36 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9
38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21
38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33
38.34 38.35 38.36 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13
39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27
39.28 39.29 39.30 39.31 39.32 39.33 39.34 39.35 39.36 40.1 40.2 40.3 40.4
40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12
40.13 40.14 40.15 40.16 40.17
40.18 40.19 40.20 40.21 40.22 40.23
40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 40.36 41.1 41.2 41.3
41.4 41.5 41.6 41.7 41.8 41.9 41.10
41.11 41.12 41.13 41.14 41.15 41.16 41.17
41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25
41.26 41.27 41.28 41.29 41.30 41.31 41.32
41.33 41.34 41.35 41.36 42.1 42.2 42.3
42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31
42.32 42.33 42.34 42.35 42.36 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10
43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31
43.32 43.33 43.34 43.35 43.36 44.1 44.2 44.3 44.4 44.5
44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24
44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 44.36 45.1 45.2 45.3
45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24
45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35 45.36 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9
46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31
46.32 46.33 46.34 46.35 46.36 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21
47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34 47.35 47.36 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16
48.17 48.18 48.19 48.20 48.21 48.22 48.23
48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 48.36 49.1 49.2 49.3 49.4 49.5
49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24
49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 49.36 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16
50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27
50.28 50.29 50.30 50.31 50.32 50.33
50.34 50.35 50.36 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11
51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 51.36 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15
52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25
52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35
52.36 53.1 53.2 53.3 53.4 53.5 53.6 53.7
53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31
53.32 53.33 53.34 53.35 53.36 54.1 54.2 54.3 54.4
54.5 54.6 54.7 54.8 54.9 54.10
54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 54.36 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16
55.17 55.18 55.19
55.20 55.21
55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 55.35 55.36 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24
56.25 56.26
56.27 56.28
56.29 56.30 56.31 56.32 56.33 56.34 56.35 56.36 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 57.36 58.1
58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22
58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 58.36 59.1 59.2 59.3 59.4 59.5 59.6 59.7
59.8 59.9 59.10 59.11 59.12 59.13
59.14 59.15 59.16
59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 59.36 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9
60.10 60.11 60.12
60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 60.35 60.36 61.1 61.2 61.3 61.4
61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30
61.31 61.32 61.33 61.34 61.35 61.36 62.1 62.2 62.3 62.4 62.5
62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 62.36 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18
63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32
63.33 63.34 63.35 63.36 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23
64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 64.36 65.1 65.2
65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31
65.32 65.33 65.34 65.35 65.36 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25
66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 66.36 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29
67.30 67.31 67.32 67.33 67.34 67.35 67.36 68.1 68.2 68.3 68.4 68.5 68.6
68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33
68.34 68.35 68.36
69.1 69.2 69.3 69.4

A bill for an act
relating to elections; changing certain requirements
and provisions; amending Minnesota Statutes 2004,
sections 3.02; 10A.01, subdivisions 5, 9, by adding a
subdivision; 10A.025, by adding a subdivision;
10A.071, subdivision 3; 10A.08; 10A.20, subdivision 5;
10A.27, subdivision 1; 10A.28, subdivision 2; 10A.31,
subdivision 4; 123B.63, subdivision 3; 126C.17,
subdivision 11; 200.02, subdivisions 7, 23, by adding
a subdivision; 201.061, subdivision 3; 201.071,
subdivision 1; 201.091, subdivision 5; 203B.01,
subdivision 3; 203B.02, subdivision 1; 203B.04,
subdivisions 1, 4, by adding a subdivision; 203B.07,
subdivision 2; 203B.11, subdivision 1; 203B.12,
subdivision 2; 203B.20; 203B.21, subdivisions 1, 3;
203B.24, subdivision 1; 204B.10, subdivision 6;
204B.14, subdivision 2; 204B.16, subdivisions 1, 5;
204B.18, subdivision 1; 204B.22, subdivision 3;
204B.27, subdivisions 1, 3; 204B.33; 204C.05,
subdivision 1a, by adding a subdivision; 204C.08,
subdivision 1; 204C.24, subdivision 1; 204C.28,
subdivision 1; 204C.50, subdivision 1; 204D.03,
subdivision 1; 204D.14, subdivision 3; 204D.27,
subdivision 5; 205.10, subdivision 3; 205.175,
subdivision 2; 205A.05, subdivision 1; 205A.09,
subdivision 1; 206.56, subdivisions 2, 3, 7, 8, 9, by
adding subdivisions; 206.57, subdivisions 1, 5, by
adding a subdivision; 206.58, subdivision 1; 206.61,
subdivisions 4, 5; 206.64, subdivision 1; 206.80;
206.81; 206.82, subdivisions 1, 2; 206.83; 206.84,
subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90,
subdivisions 1, 4, 5, 6, 8, 9; 208.03; 208.04,
subdivision 1; 208.05; 208.06; 208.07; 208.08;
211B.01, subdivision 3; 211B.13, subdivision 1;
358.11; 373.40, subdivision 2; 375.20; 414.01, by
adding a subdivision; 447.32, subdivision 4; 458.40;
465.82, subdivision 2; 465.84; 469.053, subdivision 5;
469.0724; 469.190, subdivision 5; 471.895, subdivision
3; 475.521, subdivision 2; 475.58, subdivisions 1, 1a;
475.59; proposing coding for new law in Minnesota
Statutes, chapters 204D; 205; 205A; 414; repealing
Minnesota Statutes 2004, sections 204B.22, subdivision
2; 204C.05, subdivisions 1a, 1b; 204C.50, subdivision
7; 205.175; 205A.09; Minnesota Rules, parts 4501.0300,
subparts 1, 4; 4501.0500, subpart 4; 4501.0600;
4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400,
subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1.

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

ARTICLE 1

Section 1.

Minnesota Statutes 2004, section 10A.01,
subdivision 5, is amended to read:


Subd. 5.

Associated business.

"Associated business"
means an associationnew text begin , corporation, partnership, limited
liability company, limited liability partnership, or other
organized legal entity
new text end from which the individual receives
compensation in excess of $50, except for actual and reasonable
expenses, in any month as a director, officer, owner, member,
partner, employer or employee, or whose securities the
individual holds worth $2,500 or more at fair market value.

Sec. 2.

Minnesota Statutes 2004, section 10A.01,
subdivision 9, is amended to read:


Subd. 9.

Campaign expenditure.

"Campaign expenditure" or
"expenditure" means a purchase or payment of money or anything
of value, or an advance of credit, made or incurred for the
purpose of influencing the nomination or election of a candidate
or for the purpose of promoting or defeating a ballot question.

new text begin "Campaign expenditure" includes payments for attending a
state or national convention and payments for funeral gifts or
memorials.
new text end

An expenditure is considered to be made in the year in
which the candidate made the purchase of goods or services or
incurred an obligation to pay for goods or services.

An expenditure made for the purpose of defeating a
candidate is considered made for the purpose of influencing the
nomination or election of that candidate or any opponent of that
candidate.

Except as provided in clause (1), "expenditure" includes
the dollar value of a donation in kind.

"Expenditure" does not include:

(1) noncampaign disbursements as defined in subdivision 26;

(2) services provided without compensation by an individual
volunteering personal time on behalf of a candidate, ballot
question, political committee, political fund, principal
campaign committee, or party unit; or

(3) the publishing or broadcasting of news items or
editorial comments by the news media.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2004, section 10A.01, is
amended by adding a subdivision to read:


new text begin Subd. 17c. new text end

new text begin Immediate family. new text end

new text begin "Immediate family" means an
individual and the individual's spouse, children, parents, and
siblings.
new text end

Sec. 4.

Minnesota Statutes 2004, section 10A.025, is
amended by adding a subdivision to read:


new text begin Subd. 1a. new text end

new text begin Electronic filing. new text end

new text begin A report or statement
required to be filed under this chapter may be filed
electronically. The board shall adopt rules to regulate
electronic filing and to ensure that the electronic filing
process is secure.
new text end

Sec. 5.

Minnesota Statutes 2004, section 10A.071,
subdivision 3, is amended to read:


Subd. 3.

Exceptions.

(a) The prohibitions in this
section do not apply if the gift is:

(1) a contribution as defined in section 10A.01,
subdivision 11;

(2) services to assist an official in the performance of
official duties, including but not limited to providing advice,
consultation, information, and communication in connection with
legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque or similar memento recognizing individual
services in a field of specialty or to a charitable cause;

(5) a trinket or memento deleted text begin of insignificant deleted text end new text begin with an actual
market
new text end value new text begin of $15 or lessnew text end ;

(6) informational material of unexceptional value; deleted text begin or
deleted text end

(7) food or a beverage given at a reception, meal, or
meeting away from the recipient's place of work by an
organization before whom the recipient appears to make a speech
or answer questions as part of a programnew text begin ; or
new text end

new text begin (8) food or a beverage given at a reception held within the
seven-county metropolitan area while the legislature is in
session and to which all members of the legislature have been
invited, and the cost does not exceed $5 for each legislator
new text end .

(b) The prohibitions in this section do not apply if the
gift is given:

(1) because of the recipient's membership in a group, a
majority of whose members are not officials, and an equivalent
gift is given to the other members of the group; or

(2) by a lobbyist or principal who is a member of the
family of the recipient, unless the gift is given on behalf of
someone who is not a member of that family.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2004, section 10A.08, is
amended to read:


10A.08 REPRESENTATION DISCLOSURE.

A public official who represents a client for a fee before
an individual, board, commission, or agency that has rulemaking
authority in a hearing conducted under chapter 14, must disclose
the official's participation in the action to the board within
14 days after the appearance. The board must send a notice by
certified mail to any public official who fails to disclose the
participation within 14 days after the appearance. If the
public official fails to disclose the participation within ten
business days after the notice was sent, the board may impose a
late filing fee of $5 per day, not to exceed $100, starting on
the 11th day after the notice was sent. new text begin The board must send an
additional notice by certified mail to a public official who
fails to disclose the participation within 14 days after the
first notice was sent by the board that the public official may
be subject to a civil penalty for failure to disclose the
participation. A public official who fails to disclose the
participation within seven days after the second notice was sent
by the board is subject to a civil penalty imposed by the board
of up to $1,000.
new text end

Sec. 7.

Minnesota Statutes 2004, section 10A.20,
subdivision 5, is amended to read:


Subd. 5.

Preelection reports.

In a statewide election
any loan, contribution, or contributions from any one source
totaling $2,000 or more, or in any judicial district or
legislative election totaling more than $400, received between
the last day covered in the last report before an election and
the election must be reported to the board in one of the
following ways:

(1) in person within 48 hours after its receipt;

(2) by telegram or mailgram within 48 hours after its
receipt; deleted text begin or
deleted text end

(3) by certified mail sent within 48 hours after its
receiptnew text begin ; or
new text end

new text begin (4) by electronic means sent within 48 hours after its
receipt
new text end .

These loans and contributions must also be reported in the
next required report.

The 48-hour notice requirement does not apply with respect
to a primary in which the statewide or legislative candidate is
unopposed.

Sec. 8.

Minnesota Statutes 2004, section 10A.27,
subdivision 1, is amended to read:


Subdivision 1.

Contribution limits.

(a) Except as
provided in subdivision 2, a candidate must not permit the
candidate's principal campaign committee to accept aggregate
contributions made or delivered by any individual, political
committee, or political fund in excess of the following:

(1) to candidates for governor and lieutenant governor
running together, $2,000 in an election year for the office
sought and $500 in other years;

(2) to a candidate for attorney general, $1,000 in an
election year for the office sought and $200 in other years;

(3) to a candidate for the office of secretary of state or
state auditor, $500 in an election year for the office sought
and $100 in other years;

(4) to a candidate for state senator, $500 in an election
year for the office sought and $100 in other years; and

(5) to a candidate for state representative, $500 in an
election year for the office sought and $100 in the other year.

(b) The following deliveries are not subject to the
bundling limitation in this subdivision:

(1) delivery of contributions collected by a member of the
candidate's principal campaign committee, such as a block worker
or a volunteer who hosts a fund-raising event, to the
committee's treasurer; and

(2) a delivery made by an individual on behalf of the
individual's spouse.

(c) A new text begin lobbyist,new text end political committeenew text begin , political party unit,
new text end or political fund must not make a contribution a candidate is
prohibited from accepting.

Sec. 9.

Minnesota Statutes 2004, section 10A.28,
subdivision 2, is amended to read:


Subd. 2.

Exceeding contribution limits.

A new text begin lobbyist,
new text end political committee, political fund, new text begin political party unit,new text end or
principal campaign committee that makes a contribution, or a
candidate who permits the candidate's principal campaign
committee to accept contributions, in excess of the limits
imposed by section 10A.27 is subject to a civil penalty of up to
four times the amount by which the contribution exceeded the
limits.

Sec. 10.

Minnesota Statutes 2004, section 10A.31,
subdivision 4, is amended to read:


Subd. 4.

Appropriation.

(a) The amounts designated by
individuals for the state elections campaign fund, less three
percent, are appropriated from the general fund, must be
transferred and credited to the appropriate account in the state
elections campaign fund, and are annually appropriated for
distribution as set forth in subdivisions 5, 5a, 6, and 7. The
remaining three percent must be kept in the general fund for
administrative costs.

(b) In addition to the amounts in paragraph (a), $1,500,000
for each general election is appropriated from the general fund
for transfer to the general account of the state elections
campaign fund.

Of this appropriation, $65,000 each fiscal year must be set
aside to pay assessments made by the Office of Administrative
Hearings under section 211B.37new text begin for nonfrivolous complaintsnew text end .
Amounts remaining after all assessments have been paid must be
canceled to the general account.

Sec. 11.

Minnesota Statutes 2004, section 203B.04, is
amended by adding a subdivision to read:


new text begin Subd. 6. new text end

new text begin Ongoing absentee status; termination. new text end

new text begin (a) An
eligible voter may apply to a county auditor or municipal clerk
for status as an ongoing absentee voter who reasonably expects
to meet the requirements of section 203B.02, subdivision 1.
Each applicant must automatically be provided with an absentee
ballot application for each ensuing election other than an
election by mail conducted under section 204B.45, and must have
the status of ongoing absentee voter indicated on the voter's
registration record.
new text end

new text begin (b) Ongoing absentee voter status ends on:
new text end

new text begin (1) the voter's written request;
new text end

new text begin (2) the voter's death;
new text end

new text begin (3) return of an ongoing absentee ballot as undeliverable;
new text end

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

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

Sec. 12.

Minnesota Statutes 2004, section 204C.24,
subdivision 1, is amended to read:


Subdivision 1.

Information requirements.

Precinct
summary statements shall be submitted by the election judges in
every precinct. For deleted text begin state deleted text end new text begin all new text end elections, the election judges
shall complete three or more copies of the summary statements,
and each copy shall contain the following information for each
kind of ballot:

(a) the number of votes each candidate received or the
number of yes and no votes on each question, the number of
undervotes or partially blank ballots, and the number of
overvotes or partially defective ballots with respect to each
office or question;

(b) the number of totally blank ballots, the number of
totally defective ballots, the number of spoiled ballots, and
the number of unused ballots;

(c) the number of individuals who voted at the election in
the precinct;

(d) the number of voters registering on election day in
that precinct; and

(e) the signatures of the election judges who counted the
ballots certifying that all of the ballots cast were properly
piled, checked, and counted; and that the numbers entered by the
election judges on the summary statements correctly show the
number of votes cast for each candidate and for and against each
question.

At least two copies of the summary statement must be
prepared for elections not held on the same day as the state
elections.

Sec. 13.

Minnesota Statutes 2004, section 204C.50,
subdivision 1, is amended to read:


Subdivision 1.

Selection for review; notice.

(a)
new text begin Postelection review under this section must be conducted only on
the election for president, senator or representative in
Congress, constitutional offices, and legislative offices.
new text end

new text begin (b) new text end The Office of the Secretary of State shall, within
three days after each state general election beginning in 2006,
randomly select 80 precincts for postelection review as defined
in this section. The precincts must be selected so that an
equal number of precincts are selected in each congressional
district of the state. Of the precincts in each congressional
district, at least five must have had more than 500 votes cast,
and at least two must have had fewer than 500 votes cast. The
secretary of state must promptly provide notices of which
precincts are chosen to the election administration officials
who are responsible for the conduct of elections in those
precincts.

deleted text begin (b) deleted text end new text begin (c) new text end One week before the state general election
beginning in 2006, the secretary of state must post on the
office Web site the date, time, and location at which precincts
will be randomly chosen for review under this section. The
chair of each major political party may appoint a designee to
observe the random selection process.

Sec. 14.

Minnesota Statutes 2004, section 204D.03,
subdivision 1, is amended to read:


Subdivision 1.

State primary.

new text begin (a) new text end The state primary
shall be held on the first Tuesday after the second Monday in
September in each even-numbered year to select the nominees of
the major political parties for partisan offices and the
nominees for nonpartisan offices to be filled at the state
general election, other than presidential electors.

new text begin (b) If in any municipality or county there are no partisan
or nonpartisan offices for which nominees must be selected at
the state primary, no state primary shall be held in the
municipality or county. However, no later than 15 days after
the close of filings, the municipal clerk or county auditor in
such a municipality or county must post a notice in the office,
and send a copy of the notice to the secretary of state, stating
that no primary will be held in the municipality or county
because there are no partisan or nonpartisan offices for which
nominees must be selected in the municipality or county.
new text end

Sec. 15.

Minnesota Statutes 2004, section 206.57,
subdivision 5, is amended to read:


Subd. 5.

Voting system for disabled voters.

new text begin In federal
and state elections held
new text end after December 31, 2005, new text begin and in county,
municipal, and school district elections held after December 31,
2007,
new text end the voting method used in each polling place must include
a voting system that is accessible for individuals with
disabilities, including nonvisual accessibility for the blind
and visually impaired in a manner that provides the same
opportunity for access and participation, including privacy and
independence, as for other voters.

Sec. 16.

Minnesota Statutes 2004, section 208.03, is
amended to read:


208.03 NOMINATION OF PRESIDENTIAL ELECTORS.

Presidential electors for the major political parties of
this state shall be nominated by delegate conventions called and
held under the supervision of the respective state central
committees of the parties of this state. On or before primary
election day the chair of the major political party shall
certify to the secretary of state the names of the persons
nominated as presidential electorsnew text begin , the names of eight alternate
presidential electors,
new text end and the names of the party candidates for
president and vice-president.

Sec. 17.

Minnesota Statutes 2004, section 208.04,
subdivision 1, is amended to read:


Subdivision 1.

Form of presidential ballots.

When
presidential electors new text begin and alternates new text end are to be voted for, a vote
cast for the party candidates for president and vice-president
shall be deemed a vote for that party's electors new text begin and alternates
new text end as filed with the secretary of state. The secretary of state
shall certify the names of all duly nominated presidential and
vice-presidential candidates to the county auditors of the
counties of the state. Each county auditor, subject to the
rules of the secretary of state, shall cause the names of the
candidates of each major political party and the candidates
nominated by petition to be printed in capital letters, set in
type of the same size and style as for candidates on the state
white ballot, before the party designation. To the left of, and
on the same line with the names of the candidates for president
and vice-president, near the margin, shall be placed a square or
box, in which the voters may indicate their choice by marking an
"X."

The form for the presidential ballot and the relative
position of the several candidates shall be determined by the
rules applicable to other state officers. The state ballot,
with the required heading, shall be printed on the same piece of
paper and shall be below the presidential ballot with a blank
space between one inch in width.

Sec. 18.

Minnesota Statutes 2004, section 208.05, is
amended to read:


208.05 STATE CANVASSING BOARD.

The State Canvassing Board at its meeting on the second
Tuesday after each state general election shall open and canvass
the returns made to the secretary of state for presidential
electors new text begin and alternatesnew text end , prepare a statement of the number of
votes cast for the persons receiving votes for these offices,
and declare the person or persons receiving the highest number
of votes for each office duly elected. When it appears that
more than the number of persons to be elected as presidential
electors new text begin or alternates new text end have the highest and an equal number of
votes, the secretary of state, in the presence of the board
shall decide by lot which of the persons shall be declared
elected. The governor shall transmit to each person declared
elected a certificate of election, signed by the governor,
sealed with the state seal, and countersigned by the secretary
of state.

Sec. 19.

Minnesota Statutes 2004, section 208.06, is
amended to read:


208.06 ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.

The presidential electors new text begin and alternate presidential
electors
new text end , before 12:00 M. on the day before that fixed by
Congress for the electors to vote for president and
vice-president of the United States, shall notify the governor
that they are at the State Capitol and ready at the proper time
to fulfill their duties as electors. The governor shall deliver
to the electors present a certificate of the names of all the
electors. If any elector named therein fails to appear before
9:00 a.m. on the day, and at the place, fixed for voting for
president and vice-president of the United States, new text begin an alternate,
chosen from among the alternates by lot, shall be appointed to
act for that elector. If more than eight alternates are
necessary,
new text end the electors present shall, in the presence of the
governor, immediately elect by ballot a person to fill the
vacancy. If more than the number of persons required have the
highest and an equal number of votes, the governor, in the
presence of the electors attending, shall decide by lot which of
those persons shall be elected.

Sec. 20.

Minnesota Statutes 2004, section 208.07, is
amended to read:


208.07 CERTIFICATE OF ELECTORS.

Immediately after the vacancies have been filled, the
original electors new text begin and alternates new text end present shall certify to the
governor the names of the persons elected to complete their
number, and the governor shall at once cause written notice to
be given to each person elected to fill a vacancy. The persons
so chosen shall be presidential electors and shall meet and act
with the other electors.

Sec. 21.

Minnesota Statutes 2004, section 208.08, is
amended to read:


208.08 ELECTORS TO MEET AT STATE CAPITOL.

The originalnew text begin , alternate,new text end and substituted presidential
electors, at 12:00 M., shall meet in the executive chamber at
the State Capitol and shall perform all the duties imposed upon
them as electors by the Constitution and laws of the United
States and this state.

new text begin Each elector, as a condition of having been chosen under
the name of the party of a presidential and a vice-presidential
candidate, is obligated to vote for those candidates. The
elector shall speak aloud or affirm in a nonverbal manner the
name of the candidate for president and for vice-president for
whom the elector is voting and then confirm that vote by written
public ballot.
new text end

new text begin If an elector fails to cast a ballot for the presidential
or vice-presidential candidate of the party under whose name the
elector was chosen, the elector's vote or abstention is
invalidated and an alternate presidential elector, chosen by lot
from among the alternates, shall cast a ballot in the name of
the elector for the presidential and vice-presidential candidate
of the party under whose name the elector was chosen. The
invalidation of an elector's vote or abstention on the ballot
for president or vice-president does not apply if the
presidential candidate under whose party's name the elector was
chosen has without condition released the elector or has died or
become mentally disabled. The invalidation of an elector's vote
or abstention on the ballot for vice-president does not apply if
the vice-presidential candidate under whose party's name the
elector was chosen has released without condition the elector or
has died or become mentally disabled.
new text end

Sec. 22.

Minnesota Statutes 2004, section 211B.13,
subdivision 1, is amended to read:


Subdivision 1.

Bribery, advancing money, and treating
prohibited.

A person who willfully, directly or indirectly,
advances, pays, gives, promises, or lends any money, food,
liquor, clothing, entertainment, or other thing of monetary
value, or who offers, promises, or endeavors to obtain any
money, position, appointment, employment, or other valuable
consideration, to or for a person, in order to induce a voter to
refrain from voting, or to vote in a particular way, at an
election, is guilty of a felony. This section does not prevent
a candidate from stating publicly preference for or support of
another candidate to be voted for at the same primary or
election. Refreshments of food deleted text begin or deleted text end new text begin and new text end nonalcoholic beverages of
nominal value consumed on the premises at a private gathering or
public meeting new text begin or distributed at a public parade new text end are not
prohibited under this section.

Sec. 23.

Minnesota Statutes 2004, section 471.895,
subdivision 3, is amended to read:


Subd. 3.

Exceptions.

(a) The prohibitions in this
section do not apply if the gift is:

(1) a contribution as defined in section 211A.01,
subdivision 5;

(2) services to assist an official in the performance of
official duties, including but not limited to providing advice,
consultation, information, and communication in connection with
legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque or similar memento recognizing individual
services in a field of specialty or to a charitable cause;

(5) a trinket or memento deleted text begin of insignificant deleted text end new text begin with an actual
market
new text end value new text begin of $5 or lessnew text end ;

(6) informational material of unexceptional value; or

(7) food or a beverage given at a reception, meal, or
meeting away from the recipient's place of work by an
organization before whom the recipient appears to make a speech
or answer questions as part of a program.

(b) The prohibitions in this section do not apply if the
gift is given:

(1) because of the recipient's membership in a group, a
majority of whose members are not local officials, and an
equivalent gift is given or offered to the other members of the
group;

(2) by an interested person who is a member of the family
of the recipient, unless the gift is given on behalf of someone
who is not a member of that family; or

(3) by a national or multistate organization of
governmental organizations or public officials, if a majority of
the dues to the organization are paid from public funds, to
attendees at a conference sponsored by that organization, if the
gift is food or a beverage given at a reception or meal and an
equivalent gift is given or offered to all other attendees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 24. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 204C.50, subdivision 7, is
repealed.
new text end

new text begin Minnesota Rules, parts 4501.0300, subparts 1 and 4;
4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4;
4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart
9; and 4503.0800, subpart 1, are repealed.
new text end

ARTICLE 2

Section 1.

Minnesota Statutes 2004, section 3.02, is
amended to read:


3.02 EVIDENCE OF MEMBERSHIP.

For all purposes of organization of either house of the
legislature, a certificate of election to it, duly executed by
the secretary of state, is prima facie evidence of the right to
membership of the person named in it. new text begin The secretary of state
shall issue the certificate of election in duplicate and shall
file and retain one copy for the official records of the state
and present one copy to each legislator.
new text end

Sec. 2.

Minnesota Statutes 2004, section 200.02,
subdivision 7, is amended to read:


Subd. 7.

Major political party.

(a) "Major political
party" means a political party that maintains a party
organization in the state, political division or precinct in
question and that has presented at least one candidate for
election to the office of:

(1) governor and lieutenant governor, secretary of state,
state auditor, or attorney general at the last preceding state
general election for those offices; or

(2) presidential elector or U.S. senator at the last
preceding state general election for presidential electors; and

whose candidate received votes in each county in that
election and received votes from not less than five percent of
the total number of individuals who voted in that election.

(b) "Major political party" also means a political party
that maintains a party organization in the state, political
subdivision, or precinct in question and whose members present
to the secretary of state new text begin at any time before the close of filing
for the state partisan primary ballot
new text end a petition for a place on
the state partisan primary ballot, which petition contains
signatures of a number of the party members equal to at least
five percent of the total number of individuals who voted in the
preceding state general election.

(c) A political party whose candidate receives a sufficient
number of votes at a state general election described in
paragraph (a) becomes a major political party as of January 1
following that election and retains its major party status
deleted text begin notwithstanding that deleted text end new text begin for at least two state general elections
even if
new text end the party fails to present a candidate who receives the
number and percentage of votes required under paragraph (a)
at deleted text begin the following deleted text end new text begin subsequent new text end state general deleted text begin election deleted text end new text begin electionsnew text end .

(d) A major political party whose candidates fail to
receive the number and percentage of votes required under
paragraph (a) at deleted text begin either deleted text end new text begin each of two consecutive new text end state general
deleted text begin election deleted text end new text begin elections new text end described by paragraph (a) loses major party
status as of December 31 following the deleted text begin most recent deleted text end new text begin later of the
two consecutive
new text end state general deleted text begin election deleted text end new text begin electionsnew text end .

Sec. 3.

Minnesota Statutes 2004, section 200.02,
subdivision 23, is amended to read:


Subd. 23.

Minor political party.

(a) "Minor political
party" means a political party that is not a major political
party as defined by subdivision 7 and that has adopted a state
constitution, designated a state party chair, held a state
convention in the last two years, filed with the secretary of
state no later than December 31 following the most recent state
general election a certification that the party has met the
foregoing requirements, and met the requirements of paragraph
(b) or (e), as applicable.

(b) To be considered a minor party in all elections
statewide, the political party must have presented at least one
candidate for election to the office of:

(1) governor and lieutenant governor, secretary of state,
state auditor, or attorney general, at the last preceding state
general election for those offices; or

(2) presidential elector or U.S. senator at the preceding
state general election for presidential electors; and

who received votes in each county that in the aggregate equal at
least one percent of the total number of individuals who voted
in the election, or its members must have presented to the
secretary of state new text begin at any time before the close of filing for
the state partisan primary ballot
new text end a nominating petition in a
form prescribed by the secretary of state containing the
signatures of party members in a number equal to at least one
percent of the total number of individuals who voted in the
preceding state general election.

(c) A political party whose candidate receives a sufficient
number of votes at a state general election described in
paragraph (b) becomes a minor political party as of January 1
following that election and retains its minor party status
deleted text begin notwithstanding that deleted text end new text begin for at least two state general elections
even if
new text end the party fails to present a candidate who receives the
number and percentage of votes required under paragraph (b)
at deleted text begin the following deleted text end new text begin subsequent new text end state general deleted text begin election deleted text end new text begin electionsnew text end .

(d) A minor political party whose candidates fail to
receive the number and percentage of votes required under
paragraph (b) at deleted text begin either deleted text end new text begin each of two consecutive new text end state general
deleted text begin election deleted text end new text begin elections new text end described by paragraph (b) loses minor party
status as of December 31 following the deleted text begin most recent deleted text end new text begin later of the
two consecutive
new text end state general deleted text begin election deleted text end new text begin electionsnew text end .

(e) To be considered a minor party in an election in a
legislative district, the political party must have presented at
least one candidate for a legislative office in that district
who received votes from at least ten percent of the total number
of individuals who voted for that office, or its members must
have presented to the secretary of state a nominating petition
in a form prescribed by the secretary of state containing the
signatures of party members in a number equal to at least ten
percent of the total number of individuals who voted in the
preceding state general election for that legislative office.

Sec. 4.

Minnesota Statutes 2004, section 200.02, is
amended by adding a subdivision to read:


new text begin Subd. 24. new text end

new text begin Metropolitan area. new text end

new text begin "Metropolitan area" means
the counties of Ramsey, Hennepin, Anoka, Washington, Dakota,
Scott, Carver, Wright, Sherburne, Isanti, and Chisago.
new text end

Sec. 5.

Minnesota Statutes 2004, section 201.061,
subdivision 3, is amended to read:


Subd. 3.

Election day registration.

An individual who is
eligible to vote may register on election day by appearing in
person at the polling place for the precinct in which the
individual maintains residence, by completing a registration
application, making an oath in the form prescribed by the
secretary of state and providing proof of residence. An
individual may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota
identification card issued pursuant to section 171.07;

(2) presenting any document approved by the secretary of
state as proper identification;

(3) presenting one of the following:

(i) a current valid student identification card from a
postsecondary educational institution in Minnesota, if a list of
students from that institution has been prepared under section
135A.17 and certified to the county auditor in the manner
provided in rules of the secretary of state; or

(ii) a current student fee statement that contains the
student's valid address in the precinct together with a picture
identification card; or

(4) having a voter who is registered to vote in the
precinct sign an oath in the presence of the election judge
vouching that the voter personally knows that the individual is
a resident of the precinct. A voter who has been vouched for on
election day may not sign a proof of residence oath vouching for
any other individual on that election day.

For tribal band members deleted text begin living on an Indian reservationdeleted text end , an
individual may prove residence for purposes of registering by
presenting an identification card issued by the tribal
government of a tribe recognized by the Bureau of Indian
Affairs, United States Department of the Interior, that contains
the name, deleted text begin street deleted text end address, signature, and picture of the
individual. deleted text begin The county auditor of each county having territory
within the reservation shall maintain a record of the number of
election day registrations accepted under this section.
deleted text end

A county, school district, or municipality may require that
an election judge responsible for election day registration
initial each completed registration application.

Sec. 6.

Minnesota Statutes 2004, section 201.071,
subdivision 1, is amended to read:


Subdivision 1.

Form.

A voter registration application
must be of suitable size and weight for mailing and contain
spaces for the following required information: voter's first
name, middle name, and last name; voter's previous name, if any;
voter's current address; voter's previous address, if any;
voter's date of birth; voter's municipality and county of
residence; voter's telephone number, if provided by the voter;
date of registration; current and valid Minnesota driver's
license number or Minnesota state identification number, or if
the voter has no current and valid Minnesota driver's license or
Minnesota state identification, the last four digits of the
voter's Social Security number; and voter's signature. The
registration application may include the voter's e-mail address,
if provided by the voter, and the voter's interest in serving as
an election judge, if indicated by the voter. The application
must also contain the following certification of voter
eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately
preceding election day;

(4) maintain residence at the address given on the
registration form;

(5) am not under court-ordered guardianship of the person
where I have not retained the right to vote;

(6) have not been found by a court to be legally
incompetent to vote;

(7) have not been convicted of a felony without having my
civil rights restored; and

(8) have read and understand the following statement: that
giving false information is a felony punishable by not more than
five years imprisonment or a fine of not more than $10,000, or
both."

The certification must include boxes for the voter to
respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not
complete this form."

The form of the voter registration application and the
certification of voter eligibility must be as provided in this
subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration
Act deleted text begin may deleted text end new text begin must new text end also be accepted as valid. new text begin The federal postcard
application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.
new text end

An individual may use a voter registration application to
apply to register to vote in Minnesota or to change information
on an existing registration.

Sec. 7.

Minnesota Statutes 2004, section 201.091,
subdivision 5, is amended to read:


Subd. 5.

Copy of list to registered voter.

The county
auditors and the secretary of state shall provide copies of the
public information lists in electronic or other media to any
voter registered in Minnesota within ten days of receiving a
written new text begin or electronic new text end request accompanied by payment of the cost
of reproduction. The county auditors and the secretary of state
shall make a copy of the list available for public inspection
without cost. An individual who inspects or acquires a copy of
a public information list may not use any information contained
in it for purposes unrelated to elections, political activities,
or law enforcement.

Sec. 8.

Minnesota Statutes 2004, section 203B.01,
subdivision 3, is amended to read:


Subd. 3.

Military.

"Military" means the Army, Navy, Air
Force, Marine Corps, Coast Guard or Merchant Marine of the
United Statesnew text begin , and all other uniformed services as defined in
United States Code, title 42, section 1973ff-6
new text end .

Sec. 9.

Minnesota Statutes 2004, section 203B.02,
subdivision 1, is amended to read:


Subdivision 1.

deleted text begin unable to go to deleted text end new text begin absence from new text end polling
place.

new text begin (a) new text end Any eligible voter who deleted text begin reasonably deleted text end expects to be
deleted text begin unable to go to deleted text end new text begin absent from new text end the polling place on election day in
the precinct where the individual maintains residence deleted text begin because of
absence from the precinct, illness, disability, religious
discipline, observance of a religious holiday, or service as an
election judge in another precinct
deleted text end may vote deleted text begin by absentee ballot
deleted text end new text begin in person at any location where absentee ballots may be cast
pursuant to sections 203B.081 and 203B.085, during the 18 days
preceding any election. This subdivision does not apply to a
special election to fill a vacancy in office pursuant to
sections 204D.17 to 204D.27 not held concurrently with a state
primary or general election
new text end as provided in sections 203B.04 to
203B.15.

new text begin (b) Any eligible voter who reasonably expects to be unable
to go to the polling place on election day in the precinct where
the individual maintains residence because of absence from the
precinct, illness, disability, religious discipline, observance
of a religious holiday, or service as an election judge in
another precinct may vote by absentee ballot as provided in
sections 203B.04 to 203B.15.
new text end

Sec. 10.

Minnesota Statutes 2004, section 203B.04,
subdivision 1, is amended to read:


Subdivision 1.

Application procedures.

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

(a) the county auditor of the county where the applicant
maintains residence; or

(b) the municipal clerk of the municipality, or school
district if applicable, where the applicant maintains residence.

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

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

Sec. 11.

Minnesota Statutes 2004, section 203B.04,
subdivision 4, is amended to read:


Subd. 4.

Registration at time of application.

An
eligible voter who is not registered to vote but who is
otherwise eligible to vote by absentee ballot may register by
including a completed voter registration card with the absentee
ballot. The individual shall present proof of residence as
required by section 201.061, subdivision 3, to the individual
who witnesses the marking of the absentee ballots. new text begin A military
voter, as defined in section 203B.01, may register in this
manner if voting pursuant to sections 203B.04 to 203B.15, or may
register pursuant to sections 203B.16 to 203B.27.
new text end

Sec. 12.

Minnesota Statutes 2004, section 203B.07,
subdivision 2, is amended to read:


Subd. 2.

Design of envelopes.

The return envelope shall
be of sufficient size to conveniently enclose and contain the
ballot envelope and a voter registration card folded along its
perforations. The return envelope shall be designed to open on
the leftnew text begin -new text end hand end new text begin and, notwithstanding any rule to the contrary,
the design must provide an additional flap that when sealed,
conceals the signature, identification, and other information.
Election officials may open the flap at any time after receiving
the returned ballot to inspect the returned certificate for
completeness or to ascertain other information
new text end . A certificate
of eligibility to vote by absentee ballot shall be printed on
the deleted text begin right hand three-fourths of the deleted text end back of the envelope. The
certificate shall contain a statement to be signed and sworn by
the voter indicating that the voter meets all of the
requirements established by law for voting by absentee ballot.
The certificate shall also contain a statement signed by a
person who is registered to vote in Minnesota or by a notary
public or other individual authorized to administer oaths
stating that:

(a) the ballots were displayed to that individual unmarked;

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

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

The county auditor or municipal clerk shall affix first
class postage to the return envelopes.

Sec. 13.

Minnesota Statutes 2004, section 203B.11,
subdivision 1, is amended to read:


Subdivision 1.

Generally.

Each full-time municipal clerk
new text begin or school district clerk new text end who has authority under section 203B.05
to administer absentee voting laws shall designate election
judges to deliver absentee ballots in accordance with this
section. The county auditor deleted text begin may deleted text end new text begin must new text end also designate election
judges to perform the duties in this section. A ballot may be
delivered only to an eligible voter who is a temporary or
permanent resident or patient in a health care facility or
hospital located in the municipality in which the voter
maintains residence. The ballots shall be delivered by two
election judges, each of whom is affiliated with a different
major political party. When the election judges deliver or
return ballots as provided in this section, they shall travel
together in the same vehicle. Both election judges shall be
present when an applicant completes the certificate of
eligibility and marks the absentee ballots, and may assist an
applicant as provided in section 204C.15. The election judges
shall deposit the return envelopes containing the marked
absentee ballots in a sealed container and return them to the
clerk on the same day that they are delivered and marked.

Sec. 14.

Minnesota Statutes 2004, section 203B.12,
subdivision 2, is amended to read:


Subd. 2.

Examination of return envelopes.

Two or more
election judges shall examine each return envelope and shall
mark it accepted or rejected in the manner provided in this
subdivision. If a ballot has been prepared under section
204B.12, subdivision 2a, or 204B.41, the election judges shall
not begin removing ballot envelopes from the return envelopes
until 8:00 p.m. on election day, either in the polling place or
at an absentee ballot board established under section 203B.13.

The election judges shall mark the return envelope
"Accepted" and initial or sign the return envelope below the
word "Accepted" if the election judges or a majority of them are
satisfied that:

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

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

(3) the voter is registered and eligible to vote in the
precinct or has included a properly completed voter registration
application in the return envelope; and

(4) the voter has not already voted at that election,
either in person or by absentee ballot.

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

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

If all or a majority of the election judges examining
return envelopes find that an absent voter has failed to meet
one of the requirements prescribed in clauses (1) to (4), they
shall mark the return envelope "Rejected," initial or sign it
below the word "Rejected," and return it to the county auditor.

Sec. 15.

Minnesota Statutes 2004, section 203B.20, is
amended to read:


203B.20 CHALLENGES.

Except as provided in this section, the eligibility or
residence of a voter whose application for absentee ballots is
recorded under section 203B.19 may be challenged in the manner
set forth by section 201.195. The county auditor or municipal
clerk shall not be required to serve a copy of the petition and
notice of hearing on the challenged voternew text begin , unless the absentee
ballot application was submitted on behalf of a voter by an
individual authorized under section 203B.17, subdivision 1,
paragraph (a), in which case the county auditor must attempt to
notify the individual who submitted the application of the
challenge. The county auditor may contact other registered
voters to request information that may resolve any discrepancies
appearing in the application
new text end . All reasonable doubt shall be
resolved in favor of the validity of the application. If the
voter's challenge is affirmed, the county auditor shall provide
the challenged voter with a copy of the petition and the
decision and shall inform the voter of the right to appeal as
provided in section 201.195.

Sec. 16.

Minnesota Statutes 2004, section 203B.21,
subdivision 1, is amended to read:


Subdivision 1.

Form.

Absentee ballots under sections
203B.16 to 203B.27 shall conform to the requirements of the
Minnesota Election Law, except that modifications in the size or
form of ballots or envelopes may be made if necessary to satisfy
the requirements of the United States postal servicenew text begin , and the
design must provide an additional flap that when sealed,
conceals the signature, identification, and other information.
The flap must be perforated to permit election officials to
inspect the returned certificate for completeness or to
ascertain other information at any time after receiving the
returned ballot without opening the return envelope
new text end .

Sec. 17.

Minnesota Statutes 2004, section 203B.21,
subdivision 3, is amended to read:


Subd. 3.

Back of return envelope.

On the back of the
return envelope an affidavit form shall appear with space for:

(a) The voter's address of present or former residence in
Minnesota;

(b) A statement indicating the category described in
section 203B.16 to which the voter belongs;

(c) A statement that the voter has not cast and will not
cast another absentee ballot in the same election or elections;

(d) A statement that the voter personally marked the
ballots without showing them to anyone, or if physically unable
to mark them, that the voter directed another individual to mark
them; and

(e) The voter's military identification card number,
passport number, or, if the voter does not have a valid passport
or identification card, the signature and certification of an
individual authorized to administer oaths new text begin under federal law or
the law of the place where the oath was administered
new text end or deleted text begin a
deleted text end commissioned or noncommissioned deleted text begin officer deleted text end new text begin personnel new text end of the
military not below the rank of sergeant or its equivalent.

new text begin The affidavit shall also contain a signed and dated oath in
the form required by section 705 of the Help America Vote Act,
Public Law 107-252, which must read:
new text end

new text begin "I swear or affirm, under penalty of perjury, that:
new text end

new text begin I am a member of the uniformed services or merchant marine
on active duty or an eligible spouse or dependent of such a
member; a United States citizen temporarily residing outside the
United States; or other United States citizen residing outside
the United States; and I am a United States citizen, at least 18
years of age (or will be by the date of the election), and I am
eligible to vote in the requested jurisdiction; I have not been
convicted of a felony, or other disqualifying offense, or been
adjudicated mentally incompetent, or, if so, my voting rights
have been reinstated; and I am not registering, requesting a
ballot, or voting in any other jurisdiction in the United States
except the jurisdiction cited in this voting form. In voting, I
have marked and sealed my ballot in private and have not allowed
any person to observe the marking of the ballot, except for
those authorized to assist voters under state or federal law. I
have not been influenced.
new text end

new text begin My signature and date below indicate when I completed this
document.
new text end

new text begin The information on this form is true, accurate, and
complete to the best of my knowledge. I understand that a
material misstatement of fact in completion of this document may
constitute grounds for a conviction for perjury."
new text end

Sec. 18.

Minnesota Statutes 2004, section 203B.24,
subdivision 1, is amended to read:


Subdivision 1.

Check of voter eligibility; proper
execution of affidavit.

Upon receipt of an absentee ballot
returned as provided in sections 203B.16 to 203B.27, the
election judges shall compare the voter's name with the names
appearing on their copy of the application records to insure
that the ballot is from a voter eligible to cast an absentee
ballot under sections 203B.16 to 203B.27. deleted text begin Any discrepancy or
disqualifying fact shall be noted on the envelope by the
election judges.
deleted text end new text begin The election judges shall mark the return
envelope "Accepted" and initial or sign the return envelope
below the word "Accepted" if the election judges are satisfied
that:
new text end

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

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

new text begin (3) the voter has set forth the voter's military
identification number or passport number or, if those numbers do
not appear, a person authorized to administer oaths under
federal law or the law of the place where the oath was
administered or a witness who is military personnel with a rank
at or above the rank of sergeant or its equivalent has signed
the ballot; and
new text end

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

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

new text begin Election judges must note the reason for rejection on the
back of the envelope in the space provided for that purpose.
new text end

Failure to return unused ballots shall not invalidate a
marked ballot, but a ballot shall not be counted if the
affidavit on the return envelope is not properly executed. In
all other respects the provisions of the Minnesota Election Law
governing deposit and counting of ballots shall apply.

Sec. 19.

Minnesota Statutes 2004, section 204B.10,
subdivision 6, is amended to read:


Subd. 6.

Ineligible voter.

Upon receipt of a certified
copy of a final judgment or order of a court of competent
jurisdiction that a person who has filed an affidavit of
candidacy or who has been nominated by petition:

(1) has been convicted of treason or a felony and the
person's civil rights have not been restored;

(2) is under guardianship of the person; or

(3) has been found by a court of law to be legally
incompetent;

the filing officer shall notify the person by certified mail at
the address shown on the affidavit or petition, andnew text begin , for offices
other than president of the United States, vice-president of the
United States, United States senator, and United States
representative in Congress,
new text end shall not certify the person's name
to be placed on the ballot. The actions of a filing officer
under this subdivision are subject to judicial review under
section 204B.44.

Sec. 20.

Minnesota Statutes 2004, section 204B.14,
subdivision 2, is amended to read:


Subd. 2.

Separate precincts; combined polling place.

(a)
The following shall constitute at least one election precinct:

(1) each city ward; and

(2) each town and each statutory city.

(b) A single, accessible, combined polling place may be
established no later than June 1 of any year:

(1) for any city of the third or fourth class, any town, or
any city having territory in more than one county, in which all
the voters of the city or town shall cast their ballots;

(2) for two contiguous precincts in the same municipality
that have a combined total of fewer than 500 registered voters;
or

(3) for up to four contiguous municipalities located
entirely outside the metropolitan area, as defined by section
deleted text begin 473.121, subdivision 2 deleted text end new text begin 200.02, subdivision 24new text end , that are
contained in the same county.

A copy of the ordinance or resolution establishing a
combined polling place must be filed with the county auditor
within 30 days after approval by the governing body. A polling
place combined under clause (3) must be approved by the
governing body of each participating municipality. A
municipality withdrawing from participation in a combined
polling place must do so by filing a resolution of withdrawal
with the county auditor no later than May 1 of any year.

The secretary of state shall provide a separate polling
place roster for each precinct served by the combined polling
place. A single set of election judges may be appointed to
serve at a combined polling place. The number of election
judges required must be based on the total number of persons
voting at the last similar election in all precincts to be
voting at the combined polling place. Separate ballot boxes
must be provided for the ballots from each precinct. The
results of the election must be reported separately for each
precinct served by the combined polling place, except in a
polling place established under clause (2) where one of the
precincts has fewer than ten registered voters, in which case
the results of that precinct must be reported in the manner
specified by the secretary of state.

Sec. 21.

Minnesota Statutes 2004, section 204B.16,
subdivision 1, is amended to read:


Subdivision 1.

Authority; location.

new text begin (a) new text end The governing
body of each municipality and of each county with precincts in
unorganized territory shall designate by ordinance or resolution
a polling place for each election precinct. Polling places must
be designated and ballots must be distributed so that no one is
required to go to more than one polling place to vote in a
school district and municipal election held on the same day.
The polling place for a precinct in a city or in a school
district located in whole or in part in the metropolitan area
defined by section deleted text begin 473.121 deleted text end new text begin 200.02, subdivision 24,new text end shall be
located within the boundaries of the precinct or within 3,000
feet of one of those boundaries unless a single polling place is
designated for a city pursuant to section 204B.14, subdivision
2, or a school district pursuant to section 205A.11. The
polling place for a precinct in unorganized territory may be
located outside the precinct at a place which is convenient to
the voters of the precinct. If no suitable place is available
within a town or within a school district located outside the
metropolitan area defined by section deleted text begin 473.121 deleted text end new text begin 200.02, subdivision
24
new text end , then the polling place for a town or school district may be
located outside the town or school district within five miles of
one of the boundaries of the town or school district.

new text begin (b) Each polling place serving precincts in which, in
aggregate, there were more than 100 voters in the most recent
similar election, must be to the extent the governing body
determines it is practicable, at least 750 square feet, with an
additional 60 square feet for each 150 voters in excess of 400
that voted in the most recent similar election.
new text end

Sec. 22.

Minnesota Statutes 2004, section 204B.16,
subdivision 5, is amended to read:


Subd. 5.

Access by elderly and deleted text begin handicapped deleted text end new text begin persons with
disabilities
new text end .

Each polling place shall be accessible to and
usable by elderly new text begin individuals new text end and deleted text begin physically handicapped
deleted text end individuals new text begin with disabilitiesnew text end . A polling place is deemed to be
accessible and usable if it complies with the standards in
paragraphs (a) to (f).

(a) At least one set of doors must have a minimum width of
deleted text begin 31 deleted text end new text begin 32 new text end inches if the doors must be used to enter or leave the
polling place.

(b) Any curb adjacent to the main entrance to a polling
place must have curb cuts or temporary ramps. Where the main
entrance is not the accessible entrance, any curb adjacent to
the accessible entrance must also have curb cuts or temporary
ramps.

(c) Where the main entrance is not the accessible entrance,
a sign shall be posted at the main entrance giving directions to
the accessible entrance.

(d) At least one set of stairs must have a temporary
handrail and ramp if stairs must be used to enter or leave the
polling place.

(e) No barrier in the polling place may impede the path of
deleted text begin the physically handicapped deleted text end new text begin persons with disabilities new text end to the
voting booth.

(f) At least one deleted text begin handicapped deleted text end parking space new text begin for persons with
disabilities
new text end , which may be temporarily so designated by the
municipality for the day of the election, must be available near
the accessible entrance.

The doorway, handrails, ramps, and handicapped parking
provided pursuant to this subdivision must conform to the
standards specified in the State Building Code for accessibility
by deleted text begin handicapped deleted text end persons new text begin with disabilitiesnew text end .

A governing body shall designate as polling places only
those places which meet the standards prescribed in this
subdivision unless no available place within a precinct is
accessible or can be made accessible.

Sec. 23.

Minnesota Statutes 2004, section 204B.18,
subdivision 1, is amended to read:


Subdivision 1.

Boothsnew text begin ; voting stationsnew text end .

Each polling
place must contain deleted text begin a number of deleted text end new text begin at least two new text end voting booths deleted text begin in
proportion to the number of individuals eligible to vote in the
precinct
deleted text end new text begin or self-contained voting stations plus one additional
voting booth or self-contained voting station for each 150
voters in excess of 200 registered in the precinct
new text end . Each
booth new text begin or station new text end must be at least six feet high, three feet deep
and two feet wide with a shelf at least two feet long and one
foot wide placed at a convenient height for writing. The
booth new text begin or station new text end shall deleted text begin be provided with a door or
curtains
deleted text end new text begin permit the voter to vote privately and independentlynew text end .
Each deleted text begin accessible deleted text end polling place must have at least one accessible
voting booth or other accessible voting station new text begin and beginning
with federal and state elections held after December 31, 2005,
and county, municipal, and school district elections held after
December 31, 2007, one voting system that conforms to section
301(a)(3)(B) of the Help America Vote Act, Public Law 107-252
new text end .
All booths or stations must be constructed so that a voter is
free from observation while marking ballots. deleted text begin In all other
polling places every effort must be made to provide at least one
accessible voting booth or other accessible voting station.
deleted text end During the hours of voting, the booths or stations must have
instructions, a pencil, and other supplies needed to mark the
ballots. deleted text begin If needed,deleted text end A chair must be provided for elderly deleted text begin and
handicapped
deleted text end voters new text begin and voters with disabilities new text end to use while
voting new text begin or waiting to vote. Stable flat writing surfaces must
also be made available to voters who are completing
election-related forms
new text end . All ballot boxes, voting booths, voting
stations, and election judges must be in open public view in the
polling place.

Sec. 24.

Minnesota Statutes 2004, section 204B.22,
subdivision 3, is amended to read:


Subd. 3.

Minimum number deleted text begin required in certain precincts deleted text end new text begin of
election judges
new text end .

At each deleted text begin state primary or state general
deleted text end election in precincts deleted text begin using an electronic voting system with
marking devices and
deleted text end in which more than 400 votes were cast at
the last similar election, the minimum number of election judges
is three plus one judge to demonstrate the use of the voting
machine or devicenew text begin , and the number of additional election judges
to be appointed is one for every 200 votes cast in that precinct
in the most recent similar general election
new text end .

Sec. 25.

Minnesota Statutes 2004, section 204B.27,
subdivision 1, is amended to read:


Subdivision 1.

Blank forms.

At least deleted text begin 25 deleted text end new text begin 14 new text end days before
every state election the secretary of state shall transmit to
each county auditor deleted text begin a sufficient number of blank county abstract
forms and other
deleted text end new text begin examples of any new text end blank forms new text begin to be used as new text end the
secretary of state deems necessary for the conduct of the
election. new text begin County abstract forms may be provided to auditors
electronically via the Minnesota State Election Reporting System
maintained by the secretary of state, and must be available at
least one week prior to the election.
new text end

Sec. 26.

Minnesota Statutes 2004, section 204B.27,
subdivision 3, is amended to read:


Subd. 3.

Instruction posters.

At least 25 days before
every state electionnew text begin ,new text end the secretary of state shall prepare and
furnish to the county auditor of each county deleted text begin in which paper
ballots are used,
deleted text end voter instruction posters printed in large
type upon cards or heavy paper. The instruction posters must
contain the information needed to enable the voters to cast
their deleted text begin paper deleted text end ballots quickly and correctly and indicate the types
of assistance available for elderly and handicapped voters. Two
instruction posters shall be furnished for each precinct deleted text begin in
which paper ballots are used
deleted text end . new text begin The secretary of state shall also
provide posters informing voters of eligibility requirements to
vote and of identification and proofs accepted for election day
registration. Posters furnished by the secretary of state must
also include all information required to be posted by the Help
America Vote Act, including: instructions on how to vote,
including how to cast a vote; instructions for mail-in
registrants and first-time voters; general information on voting
rights under applicable federal and state laws, and instructions
on how to contact the appropriate officials if these rights are
alleged to have been violated; and general information on
federal and state laws regarding prohibitions on acts of fraud
and misrepresentation.
new text end

Sec. 27.

Minnesota Statutes 2004, section 204B.33, is
amended to read:


204B.33 NOTICE OF FILING.

(a) Between June 1 and July 1 in each even numbered year,
the secretary of state shall notify each county auditor of the
offices to be voted for in that county at the next state general
election for which candidates file with the secretary of state.
The notice shall include the time and place of filing for those
offices new text begin and for judicial offices shall list the name of the
incumbent, if any, currently holding the seat to be voted for
new text end .
Within ten days after notification by the secretary of state,
each county auditor shall notify each municipal clerk in the
county of all the offices to be voted for in the county at that
election and the time and place for filing for those offices.
The county auditors and municipal clerks shall promptly post a
copy of that notice in their offices.

(b) At least two weeks before the first day to file an
affidavit of candidacy, the county auditor shall publish a
notice stating the first and last dates on which affidavits of
candidacy may be filed in the county auditor's office and the
closing time for filing on the last day for filing. The county
auditor shall post a similar notice at least ten days before the
first day to file affidavits of candidacy.

Sec. 28.

Minnesota Statutes 2004, section 204C.05,
subdivision 1a, is amended to read:


Subd. 1a.

Elections; organized town.

The governing body
of a town with less than 500 inhabitants according to the most
recent federal decennial census, which is located outside the
metropolitan area as defined in section deleted text begin 473.121 deleted text end new text begin 200.02new text end ,
subdivision deleted text begin 2 deleted text end new text begin 24new text end , may fix a later time for voting to begin at
state primary, special, or general elections, if approved by a
vote of the town electors at the annual town meeting. The
question of shorter voting hours must be included in the notice
of the annual town meeting before the question may be submitted
to the electors at the meeting. The later time may not be later
than 10:00 a.m. for special, primary, or general elections. The
town clerk shall either post or publish notice of the changed
hours and notify the county auditor of the change 30 days before
the election.

Sec. 29.

Minnesota Statutes 2004, section 204C.08,
subdivision 1, is amended to read:


Subdivision 1.

Display of flagnew text begin ; "vote here" signnew text end .

new text begin (a)
new text end Upon their arrival at the polling place on the day of election,
the election judges shall cause the national flag to be
displayed on a suitable staff at the entrance to the polling
place. The flag shall be displayed continuously during the
hours of voting and the election judges shall attest to that
fact by signing the flag certification statement on the precinct
summary statement. The election judges shall receive no
compensation for any time during which they intentionally fail
to display the flag as required by this subdivision.

new text begin (b) The election judges shall, immediately after displaying
the flag pursuant to paragraph (a), post the following:
new text end

new text begin (1) a "Vote Here" sign conspicuously near the flag, which
must be of a size not less than two feet high by four feet wide,
with letters printed in red in a font size of no less than
576-point type, against a white background; and
new text end

new text begin (2) within the building, if the polling place has more than
one room, signs indicating by arrows the direction in which to
proceed in order to reach the room containing the polling place.
new text end

Sec. 30.

Minnesota Statutes 2004, section 204C.28,
subdivision 1, is amended to read:


Subdivision 1.

County auditor.

Every county auditor
shall remain at the auditor's office to receive delivery of the
returns, to permit public inspection of the summary statements,
and to tabulate the votes until all have been tabulated and the
results made known, or until 24 hours have elapsed since the end
of the hours for voting, whichever occurs first. new text begin Every county
auditor shall keep a book in which, in the presence of the
municipal clerk or the election judges who deliver the returns,
the auditor shall make a record of all materials delivered, the
time of delivery, and the names of the municipal clerk or
election judges who made delivery. The county auditor shall
file the book and all envelopes containing ballots in a safe and
secure place with envelope seals unbroken. Access to the book
and ballots shall be strictly controlled. Accountability and a
record of access shall be maintained by the county auditor
during the period for contesting elections or, if a contest is
filed, until the contest has been finally determined.
Thereafter, the book shall be retained in the auditor's office
for the same period as the ballots as provided in section
204B.40.
new text end

The county auditor shall file all envelopes containing
ballots in a safe place with seals unbroken. If the envelopes
were previously opened by proper authority for examination or
recount, the county auditor shall have the envelopes sealed
again and signed by the individuals who made the inspection or
recount. The envelopes may be opened by the county canvassing
board if necessary to procure election returns that the election
judges inadvertently may have sealed in the envelopes with the
ballots. In that case, the envelopes shall be sealed again and
signed in the same manner as otherwise provided in this
subdivision.

Sec. 31.

Minnesota Statutes 2004, section 204D.14,
subdivision 3, is amended to read:


Subd. 3.

Uncontested judicial offices.

Judicial
offices new text begin for a specific court new text end for which there is only one
candidate filed must appear after all new text begin other new text end judicial offices new text begin for
that same court
new text end on the canary ballot.

Sec. 32.

Minnesota Statutes 2004, section 204D.27,
subdivision 5, is amended to read:


Subd. 5.

Canvass; special primary; state canvassing
board.

Not later than four days after the returns of the county
canvassing boards are certified to the secretary of state, the
State Canvassing Board shall complete its canvass of the special
primary. The secretary of state shall then promptly certify to
the county auditors the names of the nominated individualsnew text begin ,
prepare notices of nomination,
new text end and notify each nominee of the
nomination.

Sec. 33.

new text begin [205.135] ELECTION REPORTING SYSTEM; CANDIDATE
FILING.
new text end

new text begin Subdivision 1. new text end

new text begin Even-numbered year. new text end

new text begin For regularly
scheduled municipal elections held in an even-numbered year, the
municipal clerk must provide the offices and questions to be
voted on in the municipality and the list of candidates for each
office to the county auditor for entry into the election
reporting system provided by the secretary of state no later
than 46 days prior to the election. The county auditor must
delegate, at the request of the municipality, the duty to enter
the information into the system to the municipal clerk.
new text end

new text begin Subd. 2. new text end

new text begin Odd-numbered year. new text end

new text begin For regularly scheduled
municipal elections held in an odd-numbered year, the municipal
clerk or county auditor must enter the offices and questions to
be voted on in the municipality and the list of candidates for
each office into the election reporting system no later than 46
days prior to the election.
new text end

Sec. 34.

Minnesota Statutes 2004, section 205.175,
subdivision 2, is amended to read:


Subd. 2.

Metropolitan area municipalities.

The governing
body of a municipality which is located within a metropolitan
county deleted text begin as defined by section 473.121 deleted text end new text begin included in the definition
of metropolitan area in section 200.02, subdivision 24,
new text end may
designate the time during which the polling places will remain
open for voting at the next succeeding and all subsequent
municipal elections, provided that the polling places shall open
no later than 10:00 a.m. and shall close no earlier than 8:00
p.m. The resolution shall remain in force until it is revoked
by the municipal governing body.

Sec. 35.

new text begin [205.187] ELECTION REPORTING SYSTEM; PRECINCT
VOTES.
new text end

new text begin Subdivision 1. new text end

new text begin Even-numbered year. new text end

new text begin For regularly
scheduled municipal elections held in an even-numbered year, the
county auditor must enter the votes in each precinct for the
questions and offices voted on in the municipal election into
the election reporting system provided by the secretary of state.
new text end

new text begin Subd. 2. new text end

new text begin Odd-numbered year. new text end

new text begin For regularly scheduled
municipal elections held in an odd-numbered year, the municipal
clerk or county auditor must enter the votes in each precinct
for the offices and questions voted on in the municipality into
the election reporting system provided by the secretary of state.
new text end

Sec. 36.

new text begin [205A.075] ELECTION REPORTING SYSTEM; CANDIDATE
FILING.
new text end

new text begin Subdivision 1. new text end

new text begin Even-numbered year. new text end

new text begin For regularly
scheduled school district elections held in an even-numbered
year, the school district clerk must provide the offices and
questions to be voted on in the school district and the list of
candidates for each office to the county auditor for entry into
the election reporting system provided by the secretary of state
no later than ....... days prior to the election.
new text end

new text begin Subd. 2. new text end

new text begin Odd-numbered year. new text end

new text begin For regularly scheduled
school district elections held in an odd-numbered year, the
school district clerk or county auditor must enter the offices
and questions to be voted on in the school district and the list
of candidates for each office into the election reporting system
provided by the secretary of state no later than ....... days
prior to the election.
new text end

Sec. 37.

new text begin [205A.076] ELECTION REPORTING SYSTEM; PRECINCT
VOTES.
new text end

new text begin Subdivision 1. new text end

new text begin Even-numbered year. new text end

new text begin For regularly
scheduled school district elections held in an even-numbered
year, the county auditor must enter the votes in each precinct
for the questions and offices voted on in the school district
election into the election reporting system provided by the
secretary of state.
new text end

new text begin Subd. 2. new text end

new text begin Odd-numbered year. new text end

new text begin For regularly scheduled
school district elections held in an odd-numbered year, the
school district clerk or county auditor must enter the votes in
each precinct for the offices and questions voted on in the
school district into the election reporting system provided by
the secretary of state.
new text end

Sec. 38.

Minnesota Statutes 2004, section 205A.09,
subdivision 1, is amended to read:


Subdivision 1.

Metropolitan area school districts.

At a
school district election in a school district located in whole
or in part within a metropolitan county deleted text begin as defined by section
473.121
deleted text end new text begin included in the definition of metropolitan area in
section 200.02, subdivision 24
new text end , the school board, by resolution
adopted before giving notice of the election, may designate the
time during which the polling places will remain open for voting
at the next succeeding and all later school district elections.
The polling places must open no later than 10:00 a.m. and close
no earlier than 8:00 p.m. The resolution shall remain in force
until it is revoked by the school board.

Sec. 39.

Minnesota Statutes 2004, section 206.56,
subdivision 2, is amended to read:


Subd. 2.

Automatic tabulating equipment.

"Automatic
tabulating equipment" includes deleted text begin apparatus deleted text end new text begin machines, resident
firmware, and programmable memory units
new text end necessary to new text begin optically
scan,
new text end automatically examinenew text begin ,new text end and count votes designated on
ballot cardsdeleted text begin , and data processing machines which can be used for
counting ballots and tabulating results
deleted text end .

Sec. 40.

Minnesota Statutes 2004, section 206.56,
subdivision 3, is amended to read:


Subd. 3.

Ballot.

"Ballot" includes deleted text begin ballot cards and
deleted text end paper ballotsnew text begin , ballot cards, and the paper ballot marked by an
electronic marking device
new text end .

Sec. 41.

Minnesota Statutes 2004, section 206.56,
subdivision 7, is amended to read:


Subd. 7.

Counting center.

"Counting center" means a
place selected by the governing body of a municipality where deleted text begin an
deleted text end new text begin a central count new text end electronic voting system is used for the
automatic processing and counting of ballots.

Sec. 42.

Minnesota Statutes 2004, section 206.56,
subdivision 8, is amended to read:


Subd. 8.

Electronic voting system.

"Electronic voting
system" means a system in which the voter records votes by means
of marking a ballot, deleted text begin which is designed deleted text end so that votes may be
counted by automatic tabulating equipment at a counting
center new text begin or in the precinct or polling place where the ballot is
cast
new text end .

new text begin An electronic voting system includes automatic tabulating
equipment; nonelectronic ballot markers; electronic ballot
markers, including electronic ballot display, audio ballot
reader, and devices by which the voter will register the voter's
voting intent; software used to program automatic tabulators and
layout ballots; computer programs used to accumulate precinct
results; ballots; secrecy folders; system documentation; and
system testing results.
new text end

Sec. 43.

Minnesota Statutes 2004, section 206.56,
subdivision 9, is amended to read:


Subd. 9.

new text begin manual new text end marking device.

" new text begin Manual new text end marking device"
means any approved device for new text begin directly new text end marking a ballot new text begin by hand
new text end with inknew text begin , pencil,new text end or other substance which will enable the
ballot to be tabulated by means of automatic tabulating
equipment.

Sec. 44.

Minnesota Statutes 2004, section 206.56, is
amended by adding a subdivision to read:


new text begin Subd. 9a. new text end

new text begin Electronic ballot marker. new text end

new text begin "Electronic ballot
marker" means equipment that is part of an electronic voting
system that marks a nonelectronic ballot with votes selected by
a voter using an electronic ballot display or audio ballot
reader.
new text end

Sec. 45.

Minnesota Statutes 2004, section 206.56, is
amended by adding a subdivision to read:


new text begin Subd. 9b. new text end

new text begin Assistive voting technology. new text end

new text begin "Assistive voting
technology" means touch-activated screen, buttons, keypad,
sip-and-puff input device, keyboard, earphones, or any other
device used with an electronic ballot marker that assists voters
to use an audio or electronic ballot display in order to select
votes.
new text end

Sec. 46.

Minnesota Statutes 2004, section 206.56, is
amended by adding a subdivision to read:


new text begin Subd. 9c. new text end

new text begin Electronic ballot display. new text end

new text begin "Electronic ballot
display" means a graphic representation of a ballot on a
computer monitor or screen on which a voter may make vote
choices for candidates and questions for the purpose of marking
a nonelectronic ballot.
new text end

Sec. 47.

Minnesota Statutes 2004, section 206.56, is
amended by adding a subdivision to read:


new text begin Subd. 9d. new text end

new text begin Audio ballot reader. new text end

new text begin "Audio ballot reader"
means an audio representation of a ballot that can be used with
other assistive voting technology to permit a voter to mark
votes on a nonelectronic ballot using an electronic ballot
marker.
new text end

Sec. 48.

Minnesota Statutes 2004, section 206.57,
subdivision 1, is amended to read:


Subdivision 1.

Examination and report by secretary of
state; approval.

A vendor of an electronic voting system may
apply to the secretary of state to examine the system and to
report as to its compliance with the requirements of law and as
to its accuracy, durability, efficiency, and capacity to
register the will of voters. The secretary of state or a
designee shall examine the system submitted and file a report on
it in the Office of the Secretary of State. Examination is not
required of every individual machine or counting device, but
only of each type of electronic voting system before its
adoption, use, or purchase and before its continued use after
significant changes have been made in an approved system. The
examination must include the ballot programmingdeleted text begin ,deleted text end new text begin ; electronic
ballot marking, including all assistive technologies intended to
be used with the system;
new text end vote countingdeleted text begin ,deleted text end new text begin ;new text end and vote accumulation
functions of each voting system.

If the report of the secretary of state or the secretary's
designee concludes that the kind of system examined complies
with the requirements of sections 206.55 to 206.90 and can be
used safely, the system shall be deemed approved by the
secretary of state, and may be adopted and purchased for use at
elections in this state. A voting system not approved by the
secretary of state may not be used at an election in this
state. The secretary of state may adopt permanent rules
consistent with sections 206.55 to 206.90 relating to the
examination and use of electronic voting systems.

Sec. 49.

Minnesota Statutes 2004, section 206.57, is
amended by adding a subdivision to read:


new text begin Subd. 7. new text end

new text begin Election assistance commission standards. new text end

new text begin If,
prior to January 1, 2006, the federal Election Assistance
Commission has not established standards for an electronic
ballot marker or other voting system component that is required
to enable a voting system to meet the requirements of
subdivision 5, the secretary of state may certify the voting
system on an experimental basis pending the completion of
federal standards, notwithstanding subdivision 6. Within two
years after the Election Assistance Commission issues standards
for a voting system component used in a voting system authorized
under this subdivision, the secretary of state must review or
reexamine the voting system to determine whether the system
conforms to federal standards.
new text end

Sec. 50.

Minnesota Statutes 2004, section 206.58,
subdivision 1, is amended to read:


Subdivision 1.

Municipalities.

new text begin (a) new text end The governing body of
a municipality, at a regular meeting or at a special meeting
called for the purpose, deleted text begin may deleted text end new text begin must new text end provide for the use of deleted text begin an deleted text end new text begin at
least one
new text end electronic voting system new text begin that conforms to the
requirements of section 301(a)(3)(B) of the Help America Vote
Act, Public Law 107-252,
new text end in deleted text begin one or more precincts deleted text end new text begin each polling
place
new text end and at all elections deleted text begin in the precinctsdeleted text end , subject to approval
by the county auditor. new text begin This paragraph applies to federal and
state elections held after December 31, 2005, and to county,
municipal, and school district elections held after December 31,
2007.
new text end

new text begin (b) new text end The governing body shall disseminate information to the
public about the use of a new voting system at least 60 days
prior to the election and shall provide for instruction of
voters with a demonstration voting system in a public place for
the six weeks immediately prior to the first election at which
the new voting system will be used.

new text begin (c) new text end No system may be adopted or used unless it has been
approved by the secretary of state pursuant to section 206.57.

Sec. 51.

Minnesota Statutes 2004, section 206.61,
subdivision 4, is amended to read:


Subd. 4.

Order of candidates.

On the "State Partisan
Primary Ballot" prepared for primary elections, and on the white
ballot prepared for the general election, the order of the names
of nominees or names of candidates for election shall be the
same as required for paper ballots. More than one column or row
may be used for the same office or party. new text begin Electronic ballot
display and audio ballot readers must conform to the candidate
order on the optical scan ballot used in the precinct.
new text end

Sec. 52.

Minnesota Statutes 2004, section 206.61,
subdivision 5, is amended to read:


Subd. 5.

Alternation.

The provisions of the election
laws requiring the alternation of names of candidates must be
observed as far as practicable by changing the order of the
names on an electronic voting system in the various precincts so
that each name appears on the machines or marking devices used
in a municipality substantially an equal number of times in the
first, last, and in each intermediate place in the list or group
in which they belong. However, the arrangement of candidates'
names must be the same on all voting systems used in the same
precinct. If the number of names to be alternated exceeds the
number of precincts, the election official responsible for
providing the ballots, in accordance with subdivision 1, shall
determine by lot the alternation of names.

new text begin If an electronic ballot marker is used with a paper ballot
that is not an optical scan ballot card, the manner of
alternation of candidate names on the paper ballot must be as
prescribed for optical scan ballots in this subdivision.
new text end

Sec. 53.

Minnesota Statutes 2004, section 206.64,
subdivision 1, is amended to read:


Subdivision 1.

General provisions for electronic system
voting.

Each electronic voting system booth must be placed and
protected so that it is accessible to only one voter at a time
and is in full view of all the election judges and challengers
at the polling place. The election judges shall admit one
individual at a time to each booth after determining that the
individual is eligible to vote. Voting by electronic voting
system must be secret, except for voters who deleted text begin need deleted text end new text begin request
new text end assistance. A voter may remain inside the voting booth for
deleted text begin three minutes deleted text end new text begin the time reasonably required for the voter to
complete the ballot
new text end . A voter who refuses to leave the voting
booth after new text begin a reasonable amount of time, but not less than new text end three
minutesnew text begin ,new text end must be removed by the election judges.

Sec. 54.

Minnesota Statutes 2004, section 206.80, is
amended to read:


206.80 ELECTRONIC VOTING SYSTEMS.

An electronic voting system may not be employed unless it:

(1) permits every voter to vote in secret;

(2) permits every voter to vote for all candidates and
questions for whom or upon which the voter is legally entitled
to vote;

(3) provides for write-in voting when authorized;

(4) rejects by means of the deleted text begin automatic tabulating
equipment
deleted text end new text begin electronic voting systemnew text end , except as provided in
section 206.84 with respect to write-in votes, all votes for an
office or question when the number of votes cast on it exceeds
the number which the voter is entitled to cast;

(5) permits a voter at a primary election to select
secretly the party for which the voter wishes to vote; and

(6) rejects, by means of the deleted text begin automatic tabulating equipment
deleted text end new text begin electronic voting systemnew text end , all votes cast in a primary
election deleted text begin by a voter deleted text end new text begin for offices serving with political party
designation
new text end when the voter votes for candidates of more than one
party.

Sec. 55.

Minnesota Statutes 2004, section 206.81, is
amended to read:


206.81 ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.

(a) The secretary of state may deleted text begin approve deleted text end new text begin certify new text end an
electronic voting system for experimental use at an election
prior to its approval for general use.

(b) deleted text begin The secretary of state must approve one or more direct
recording electronic voting systems for experimental use at an
election before their approval for general use and may impose
restrictions on their use. At least one voting system approved
under this paragraph must permit sighted persons to vote and at
least one system must permit a blind or visually impaired voter
to cast a ballot independently and privately.
deleted text end

deleted text begin (c) deleted text end Experimental use must be observed by the secretary of
state or the secretary's designee and the results observed must
be considered at any subsequent proceedings for approval for
general use.

deleted text begin (d) deleted text end new text begin (c) new text end The secretary of state may adopt rules consistent
with sections 206.55 to 206.90 relating to experimental use.
The extent of experimental use must be determined by the
secretary of state.

Sec. 56.

Minnesota Statutes 2004, section 206.82,
subdivision 1, is amended to read:


Subdivision 1.

Program.

A program new text begin or programs new text end for use in
an election conducted by means of an electronic voting system new text begin or
using an electronic ballot marker
new text end shall be prepared at the
direction of the county auditor or municipal clerk who is
responsible for the conduct of the election and shall be
independently verified by a competent person designated by that
official. The term "competent person" as used in this section
means a person who can demonstrate knowledge as a computer
programmer and who is other than and wholly independent of any
person operating or employed by the counting center or the
corporation or other preparer of the program. A test deck
prepared by a competent person shall be used for independent
verification of the program; it shall test the maximum digits
used in totaling the returns and shall be usable by insertion
during the tabulation process as well as prior to tabulation. new text begin A
test deck must also be prepared using the electronic ballot
marker program and must also be used to verify that all valid
votes counted by the vote tabulator may be selected using the
electronic ballot marker.
new text end The secretary of state shall adopt
rules further specifying test procedures.

Sec. 57.

Minnesota Statutes 2004, section 206.82,
subdivision 2, is amended to read:


Subd. 2.

Plan.

The municipal clerk in a municipality
where an electronic voting system is used and the county auditor
of a county in which new text begin an electronic voting system is used in more
than one municipality and the county auditor of a county in
which
new text end a counting center serving more than one municipality is
located shall prepare a plan which indicates acquisition of
sufficient facilities, computer time, and professional services
and which describes the proposed manner of complying with
section 206.80. The plan must be signed, notarized, and
submitted to the secretary of state more than 60 days before the
first election at which the municipality uses an electronic
voting system. Prior to July 1 of each subsequent general
election year, the clerk or auditor shall submit to the
secretary of state notification of any changes to the plan on
file with the secretary of state. The secretary of state shall
review each plan for its sufficiency and may request technical
assistance from the Department of Administration or other agency
which may be operating as the central computer authority. The
secretary of state shall notify each reporting authority of the
sufficiency or insufficiency of its plan within 20 days of
receipt of the plan. The attorney general, upon request of the
secretary of state, may seek a district court order requiring an
election official to fulfill duties imposed by this subdivision
or by rules promulgated pursuant to this section.

Sec. 58.

Minnesota Statutes 2004, section 206.83, is
amended to read:


206.83 TESTING OF VOTING SYSTEMS.

The official in charge of elections shall new text begin within 14 days
prior to election day
new text end have the voting system tested to ascertain
that the system will correctly new text begin mark ballots using all methods
supported by the system, including through assistive technology,
and
new text end count the votes cast for all candidates and on all questions
deleted text begin within 14 days prior to election daydeleted text end . Public notice of the time
and place of the test must be given at least two days in advance
by publication once in official newspapers. The test must be
observed by at least two election judges, who are not of the
same major political party, and must be open to representatives
of the political parties, candidates, the press, and the
public. The test must be conducted by new text begin (1) new text end processing a
preaudited group of ballots punched or marked to record a
predetermined number of valid votes for each candidate and on
each question, and must include for each office one or more
ballot cards which have votes in excess of the number allowed by
law in order to test the ability of the voting system new text begin tabulator
and electronic ballot marker
new text end to reject those votesnew text begin ; and (2)
processing an additional test deck of ballots marked using the
electronic ballot marker to be employed in the precinct,
including ballots marked using the electronic ballot display,
audio ballot reader, and each of the assistive voting peripheral
devices used with the electronic ballot marker
new text end . If any error is
detected, the cause must be ascertained and corrected and an
errorless count must be made before the voting system may be
used in the election. After the completion of the test, the
programs used and ballot cards must be sealed, retained, and
disposed of as provided for paper ballots.

Sec. 59.

Minnesota Statutes 2004, section 206.84,
subdivision 1, is amended to read:


Subdivision 1.

Instruction of judges, voters.

The
officials in charge of elections shall determine procedures to
instruct election judges and voters in the use of electronic
voting system new text begin manual new text end marking devices new text begin and the electronic ballot
marker, including assistive peripheral devices
new text end .

Sec. 60.

Minnesota Statutes 2004, section 206.84,
subdivision 3, is amended to read:


Subd. 3.

Ballots.

The ballot information must be in the
same order provided for paper ballots, except that the
information may be in vertical or horizontal rows, or on a
number of separate pages. The secretary of state shall provide
by rule for standard ballot formats for electronic voting
systems. new text begin Electronic ballot displays and audio ballot readers
shall be in the order provided for on the optical scan ballot.
Electronic ballot displays may employ zooms or other devices as
assistive voting technology. Audio ballot readers may employ
rewinds or audio cues as assistive voting technology.
new text end

Ballot cards may contain special printed marks deleted text begin and holes deleted text end as
required for proper positioning and reading of the ballots by
electronic vote counting equipment. Ballot cards must contain
an identification of the precinct for which they have been
prepared which can be read visually and which can be tabulated
by the automatic tabulating equipment.

Sec. 61.

Minnesota Statutes 2004, section 206.84,
subdivision 6, is amended to read:


Subd. 6.

Duties of official in charge.

The official in
charge of elections in each municipality where an electronic
voting system is used shall have the voting systems put in
order, set, adjusted, and made ready for voting when delivered
to the election precincts. The official shall also provide each
precinct with a container for transporting ballot cards to the
counting location after the polls close. The container shall be
of sturdy material to protect the ballots from all reasonably
foreseeable hazards including auto collisions. The election
judges shall meet at the polling place at least one hour before
the time for opening the polls. Before the polls open the
election judges shall compare the ballot cards used with the
sample ballotsnew text begin , electronic ballot displays, and audio ballot
reader
new text end furnished to see that the names, numbers, and letters on
both agree and shall certify to that fact on forms provided for
the purpose. The certification must be filed with the election
returns.

Sec. 62.

Minnesota Statutes 2004, section 206.85,
subdivision 1, is amended to read:


Subdivision 1.

Duties of responsible official.

The
official in charge of elections in a municipality where an
electronic voting system is used new text begin at a counting center new text end must:

(a) be present or personally represented throughout the
counting center proceedings;

(b) be responsible for acquiring sufficient facilities and
personnel to ensure timely and lawful processing of votes;

(c) be responsible for the proper training of all personnel
participating in counting center proceedings and deputize all
personnel who are not otherwise election judges;

(d) maintain actual control over all proceedings and be
responsible for the lawful execution of all proceedings in the
counting center whether or not by experts;

(e) be responsible for assuring the lawful retention and
storage of ballots and read-outs; and

(f) arrange for observation by the public and by
candidates' representatives of counting center procedures by
publishing the exact location of the counting center in a legal
newspaper at least once during the week preceding the week of
election and in the newspaper of widest circulation once on the
day preceding the election, or once the week preceding the
election if the newspaper is a weekly.

The official may make arrangements with news reporters
which permit prompt reporting of election results but which do
not interfere with the timely and lawful completion of counting
procedures.

Sec. 63.

Minnesota Statutes 2004, section 206.90,
subdivision 1, is amended to read:


Subdivision 1.

Definition.

For the purposes of this
section, "optical scan voting system" means an electronic voting
system approved for use under sections 206.80 to 206.81 in which
the voter records votes by marking with a pencil or other
deleted text begin writing instrument deleted text end new text begin device, including an electronic ballot
marker,
new text end a ballot on which the names of candidates, office
titles, party designation in a partisan primary or election, and
a statement of any question accompanied by the words "Yes" and
"No" are printed.

Sec. 64.

Minnesota Statutes 2004, section 206.90,
subdivision 4, is amended to read:


Subd. 4.

Absentee voting.

An optical scan voting system
may be used for absentee voting. deleted text begin The county auditor may supply
an appropriate marking instrument to the voter along with the
ballot.
deleted text end

Sec. 65.

Minnesota Statutes 2004, section 206.90,
subdivision 5, is amended to read:


Subd. 5.

Instruction of judges, voters.

In instructing
judges and voters under section 206.84, subdivision 1, officials
in charge of election precincts using optical scan voting
systems shall include instruction on the proper mark for
recording votes on ballot cards marked with a pencil or other
writing instrument and the insertion by the voter of the ballot
card into automatic tabulating equipment that examines and
counts votes as the ballot card is deposited into the ballot box.

new text begin Officials shall include instruction on the insertion by the
voter of the ballot card into an electronic ballot marker that
can examine votes before the ballot card is deposited into the
ballot box.
new text end

Sec. 66.

Minnesota Statutes 2004, section 206.90,
subdivision 6, is amended to read:


Subd. 6.

Ballots.

In precincts using optical scan voting
systems, a single ballot card on which all ballot information is
included must be printed in black ink on white colored material
except that marks not to be read by the automatic tabulating
equipment may be printed in another color ink.

On the front of the ballot must be printed the words
"Official Ballot" and the date of the election and lines for the
initials of at least two election judges.

When optical scan ballots are used, the offices to be
elected must appear in the following order: federal offices;
state legislative offices; constitutional offices; proposed
constitutional amendments; county offices and questions;
municipal offices and questions; school district offices and
questions; special district offices and questions; and judicial
offices.

On optical scan ballots, the names of candidates and the
words "yes" and "no" for ballot questions must be printed as
close to their corresponding vote targets as possible.

The line on an optical scan ballot for write-in votes must
contain the words "write-in, if any."

If a primary ballot contains both a partisan ballot and a
nonpartisan ballot, the instructions to voters must include a
statement that reads substantially as follows: "THIS BALLOT
CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT. ON
THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF
ONE POLITICAL PARTY ONLY." If a primary ballot contains
political party columns on both sides of the ballot, the
instructions to voters must include a statement that reads
substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE
PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE
POLITICAL PARTY ONLY." At the bottom of each political party
column on the primary ballot, the ballot must contain a
statement that reads substantially as follows: "CONTINUE VOTING
ON THE NONPARTISAN BALLOT." The instructions in section
204D.08, subdivision 4, do not apply to optical scan partisan
primary ballots. new text begin Electronic ballot displays and audio ballot
readers must follow the order of offices and questions on the
optical scan or paper ballot used in the same precinct.
new text end

Sec. 67.

Minnesota Statutes 2004, section 206.90,
subdivision 8, is amended to read:


Subd. 8.

Duties of election officials.

The official in
charge of elections in each municipality where an optical scan
voting system is used shall have new text begin the electronic ballot that
examines and marks votes on ballot cards and
new text end the automatic
tabulating equipment that examines and counts votes as ballot
cards are deposited into ballot boxes put in order, set,
adjusted, and made ready for voting when delivered to the
election precincts.

Sec. 68.

Minnesota Statutes 2004, section 206.90,
subdivision 9, is amended to read:


Subd. 9.

Spoiled ballot cards.

Automatic tabulating
equipment new text begin and electronic ballot markers must be new text end capable of
examining a ballot card for defects and returning it to the
voter before it is counted and deposited into the ballot box new text begin and
new text end must be programmed to return as a spoiled ballot a ballot card
with votes for an office or question which exceed the number
which the voter is entitled to cast and at a primary a ballot
card with votes for candidates of more than one party.

Sec. 69.

Minnesota Statutes 2004, section 211B.01,
subdivision 3, is amended to read:


Subd. 3.

Candidate.

"Candidate" means an individual who
seeks nomination or election to a deleted text begin federal,deleted text end statewide,
legislative, judicial, or local office including special
districts, school districts, towns, home rule charter and
statutory cities, and countiesdeleted text begin , except candidates for president
and vice-president of the United States
deleted text end .

Sec. 70.

Minnesota Statutes 2004, section 358.11, is
amended to read:


358.11 OATHS, WHERE FILED.

Except as otherwise provided by law, the oath required to
be taken and subscribed by any person shall be filed as follows:

(1) if that of an officer of the state, whether elective or
appointive, new text begin executive, legislative, or judicial,new text end with the
secretary of state;

(2) if of a county officer, or an officer chosen within or
for any county, with the county auditor;

(3) if of a city officer, with the clerk or recorder of the
municipality;

(4) if of a town officer, with the town clerk;

(5) if of a school district officer, with the clerk of the
district;

(6) if of a person appointed by, or made responsible to, a
court in any action or proceeding therein, with the court
administrator of such court;

(7) if that of a person appointed by any state, county, or
other officer for a special service in connection with official
duties, with such officer.

If the person taking such oath be also required to give
bond, the oath shall be attached to or endorsed upon such bond
and filed therewith, in lieu of other filing.

Sec. 71.

Minnesota Statutes 2004, section 414.01, is
amended by adding a subdivision to read:


new text begin Subd. 18. new text end

new text begin Annexations not permitted at certain
times.
new text end

new text begin Notwithstanding the provisions of this chapter, no
annexation shall become effective between the opening of filing
for a previously scheduled municipal election of the
municipality which is annexing the unincorporated land and the
issuance of the certificates of election to the candidates
elected at that election.
new text end

Sec. 72.

new text begin [414.0305] MUNICIPAL ANNEXATION.
new text end

new text begin Notwithstanding the provisions of this chapter, no
annexation by a municipality shall be effective during the
period from the opening of filing for any previously scheduled
municipal election until after the end of the contest period for
that election.
new text end

Sec. 73.

Minnesota Statutes 2004, section 447.32,
subdivision 4, is amended to read:


Subd. 4.

Candidates; ballots; certifying election.

A
person who wants to be a candidate for the hospital board shall
file an affidavit of candidacy for the election either as member
at large or as a member representing the city or town where the
candidate resides. The affidavit of candidacy must be filed
with the city or town clerk not more than deleted text begin ten weeks deleted text end new text begin 70 days new text end nor
less than deleted text begin eight weeks deleted text end new text begin 56 days new text end before the new text begin first new text end Tuesday after the
deleted text begin second deleted text end new text begin first new text end Monday in deleted text begin September deleted text end new text begin November new text end of the year in which
the general election is held. The city or town clerk must
forward the affidavits of candidacy to the clerk of the hospital
district or, for the first election, the clerk of the most
populous city or town immediately after the last day of the
filing period. A candidate may withdraw from the election by
filing an affidavit of withdrawal with the clerk of the district
no later than 5:00 p.m. two days after the last day to file
affidavits of candidacy.

Voting must be by secret ballot. The clerk shall prepare,
at the expense of the district, necessary ballots for the
election of officers. Ballots must be printed on tan paper and
prepared as provided in the rules of the secretary of state.
The ballots must be marked and initialed by at least two judges
as official ballots and used exclusively at the election. Any
proposition to be voted on may be printed on the ballot provided
for the election of officers. The hospital board may also
authorize the use of voting systems subject to chapter 206.
Enough election judges may be appointed to receive the votes at
each polling place. The election judges shall act as clerks of
election, count the ballots cast, and submit them to the board
for canvass.

After canvassing the election, the board shall issue a
certificate of election to the candidate who received the
largest number of votes cast for each office. The clerk shall
deliver the certificate to the person entitled to it in person
or by certified mail. Each person certified shall file an
acceptance and oath of office in writing with the clerk within
30 days after the date of delivery or mailing of the
certificate. The board may fill any office as provided in
subdivision 1 if the person elected fails to qualify within 30
days, but qualification is effective if made before the board
acts to fill the vacancy.

Sec. 74. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 204B.22, subdivision 2, is
repealed.
new text end

ARTICLE 3

PERIODIC STATE AND LOCAL ELECTION DATES

Section 1.

new text begin [204D.035] PERIODIC ELECTION DAY.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section may be referred
to as the "Periodic Election Day Act of 2005."
new text end

new text begin Subd. 2. new text end

new text begin Elections covered. new text end

new text begin This section applies to all
state, county, municipal, school district, and any other
political subdivision elections held in the state of Minnesota,
and elections on ballot questions, except for (1) elections held
to fill a vacancy in office and required by statute to be held
sooner than the next day designated in subdivision 3, or (2)
elections conducted by mail.
new text end

new text begin Subd. 3. new text end

new text begin Elections on designated days. new text end

new text begin (a)
Notwithstanding other law to the contrary, elections subject to
subdivision 2 may be held only on the following days:
new text end

new text begin (1) the fourth Tuesday in January;
new text end

new text begin (2) the second Tuesday in March;
new text end

new text begin (3) the third Tuesday in May;
new text end

new text begin (4) the first Tuesday after the second Monday in September;
and
new text end

new text begin (5) the first Tuesday after the first Monday in November.
new text end

new text begin (b) The time period in which a special election must be
conducted under any other law or charter provision must be
extended to conform to the requirements of this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Primary date if not specified. new text end

new text begin If other law
provides for a primary to take place for a particular office but
does not specify the date of the primary, the primary may be
held on one of the days specified in subdivision 3, paragraph
(a), clauses (1) to (4). The general election for the office
must be held on the date listed in subdivision 3 that
immediately follows the date chosen for the primary.
new text end

new text begin Subd. 5. new text end

new text begin Election times and polling places. new text end

new text begin An election
held in a jurisdiction on one of the days specified in
subdivision 3 must be held during the hours determined under
section 204C.05. The governing body of the municipality must
set the polling place locations to be used for each precinct in
all elections in any calendar year before the start of that
calendar year.
new text end

new text begin Subd. 6. new text end

new text begin Applicable laws. new text end

new text begin Except as otherwise provided
by this section, Minnesota election law remains applicable to
elections held on any of the days listed in subdivision 3.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective January 1, 2006.
new text end

ARTICLE 4

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2004, section 123B.63,
subdivision 3, is amended to read:


Subd. 3.

Capital project levy referendum.

A district may
levy the local tax rate approved by a majority of the electors
voting on the question to provide funds for an approved
project. The election must take place no more than five years
before the estimated date of commencement of the project. The
referendum must be held on a date deleted text begin set by the board deleted text end new text begin specified in
section 204D.035, subdivision 3
new text end . A referendum for a project not
receiving a positive review and comment by the commissioner
under section 123B.71 must be approved by at least 60 percent of
the voters at the election. The referendum may be called by the
school board and may be held:

(1) separately, before an election for the issuance of
obligations for the project under chapter 475; or

(2) in conjunction with an election for the issuance of
obligations for the project under chapter 475; or

(3) notwithstanding section 475.59, as a conjunctive
question authorizing both the capital project levy and the
issuance of obligations for the project under chapter 475. Any
obligations authorized for a project may be issued within five
years of the date of the election.

The ballot must provide a general description of the
proposed project, state the estimated total cost of the project,
state whether the project has received a positive or negative
review and comment from the commissioner, state the maximum
amount of the capital project levy as a percentage of net tax
capacity, state the amount that will be raised by that local tax
rate in the first year it is to be levied, and state the maximum
number of years that the levy authorization will apply.

The ballot must contain a textual portion with the
information required in this section and a question stating
substantially the following:

"Shall the capital project levy proposed by the board of
.......... School District No. .......... be approved?"

If approved, the amount provided by the approved local tax
rate applied to the net tax capacity for the year preceding the
year the levy is certified may be certified for the number of
years approved.

In the event a conjunctive question proposes to authorize
both the capital project levy and the issuance of obligations
for the project, appropriate language authorizing the issuance
of obligations must also be included in the question.

The district must notify the commissioner of the results of
the referendum.

Sec. 2.

Minnesota Statutes 2004, section 126C.17,
subdivision 11, is amended to read:


Subd. 11.

Referendum date.

(a) Except for a referendum
held under paragraph (b), any referendum under this section held
on a day other than the first Tuesday after the first Monday in
November must be conducted by mail in accordance with section
204B.46. Notwithstanding subdivision 9, paragraph (b), to the
contrary, in the case of a referendum conducted by mail under
this paragraph, the notice required by subdivision 9, paragraph
(b), must be prepared and delivered by first-class mail at least
20 days before the referendum.

(b) In addition to the referenda allowed in subdivision 9,
clause (a), the commissioner may grant authority to a district
to hold a referendum on a different day if the district is in
statutory operating debt and has an approved plan or has
received an extension from the department to file a plan to
eliminate the statutory operating debt. new text begin A referendum must be
held on a date specified in section 204D.035, subdivision 3.
new text end

(c) The commissioner must approve, deny, or modify each
district's request for a referendum levy on a different day
within 60 days of receiving the request from a district.

Sec. 3.

Minnesota Statutes 2004, section 204C.05, is
amended by adding a subdivision to read:


new text begin Subd. 1c. new text end

new text begin Elections; municipalities and school
districts.
new text end

new text begin The governing body of a municipality or school
district may, by resolution, designate the hours during which
the polling places will remain open for voting at the next
succeeding and all later municipal or school district elections
that are not held at the same time as the state primary or state
general election. All polling places must be open at least
between the hours of 10:00 a.m. and 8:00 p.m. The resolution
remains in effect until revoked by the governing board or until
a petition from voters is filed under this subdivision. If a
petition requesting longer voting hours for any election is
signed by a number of voters equal to ten percent of the votes
cast in the last municipal or school district general election,
whichever applies, and filed with the appropriate municipal or
school district clerk no later than 30 days before an election,
the polling places for that election must open at 7:00 a.m. and
close at 8:00 p.m. The municipal or school district clerk must
give ten days published and posted notice of the change in hours
and notify the appropriate county auditors of the change.
new text end

Sec. 4.

Minnesota Statutes 2004, section 205.10,
subdivision 3, is amended to read:


Subd. 3.

Prohibition.

deleted text begin No deleted text end new text begin A new text end special election authorized
under subdivision 1 may be held deleted text begin within 40 days after the state
general election
deleted text end new text begin only on one of the dates specified in section
204D.035, subdivision 3
new text end .

Sec. 5.

new text begin [205.176] VOTING HOURS.
new text end

new text begin In all municipal elections the hours for voting must be
determined as provided in section 204C.05.
new text end

Sec. 6.

Minnesota Statutes 2004, section 205A.05,
subdivision 1, is amended to read:


Subdivision 1.

Questions.

Special elections must be held
for a school district on a question on which the voters are
authorized by law to pass judgment. The school board may on its
own motion call a special election to vote on any matter
requiring approval of the voters of a district. Upon petition
of 50 or more voters of the school district or five percent of
the number of voters voting at the preceding regular school
district election, the school board shall by resolution call a
special election to vote on any matter requiring approval of the
voters of a district. A question is carried only with the
majority in its favor required by law. The election officials
for a special election are the same as for the most recent
school district general election unless changed according to
law. Otherwise, special elections must be conducted and the
returns made in the manner provided for the school district
general election. deleted text begin A special election may not be held during the
30 days before and the 30 days after the state primary, during
the 30 days before and the 40 days after the state general
election. In addition, a special election may not be held
during the 20 days before and the 20 days after any regularly
scheduled election of a municipality wholly or partially within
the school district.
deleted text end new text begin A special election under this subdivision
must be held only on one of the dates specified in section
204D.035, subdivision 3.
new text end Notwithstanding any other law to the
contrary, the time period in which a special election must be
conducted under any other law may be extended by the school
board to conform with the requirements of this subdivision.

Sec. 7.

new text begin [205A.095] HOURS FOR VOTING.
new text end

new text begin The hours for voting in school district elections must be
determined as provided in section 204C.05.
new text end

Sec. 8.

Minnesota Statutes 2004, section 373.40,
subdivision 2, is amended to read:


Subd. 2.

Application of election requirement.

(a) Bonds
issued by a county to finance capital improvements under an
approved capital improvement plan are not subject to the
election requirements of section 375.18 or 475.58. The bonds
must be approved by vote of at least three-fifths of the members
of the county board. In the case of a metropolitan county, the
bonds must be approved by vote of at least two-thirds of the
members of the county board.

(b) Before issuance of bonds qualifying under this section,
the county must publish a notice of its intention to issue the
bonds and the date and time of a hearing to obtain public
comment on the matter. The notice must be published in the
official newspaper of the county or in a newspaper of general
circulation in the county. The notice must be published at
least 14, but not more than 28, days before the date of the
hearing.

(c) A county may issue the bonds only upon obtaining the
approval of a majority of the voters voting on the question of
issuing the obligations, if a petition requesting a vote on the
issuance is signed by voters equal to five percent of the votes
cast in the county in the last general election and is filed
with the county auditor within 30 days after the public
hearing. The commissioner of revenue shall prepare a suggested
form of the question to be presented at the election. new text begin The
election may be held only on one of the dates specified in
section 204D.035, subdivision 3.
new text end

Sec. 9.

Minnesota Statutes 2004, section 375.20, is
amended to read:


375.20 BALLOT QUESTIONS.

If the county board may do an act, incur a debt,
appropriate money for a purpose, or exercise any other power or
authority, only if authorized by a vote of the people, the
question may be submitted at a special or general election, by a
resolution specifying the matter or question to be voted upon.
If the question is to authorize the appropriation of money,
creation of a debt, or levy of a tax, it shall state the
amount. Notice of the election shall be given as in the case of
special elections. If the question submitted is adopted, the
board shall pass an appropriate resolution to carry it into
effect. In the election the form of the ballot shall be: "In
favor of (here state the substance of the resolution to be
submitted), Yes ...... No......," with a square opposite each
of the words "yes" and "no," in one of which the voter shall
mark an "X" to indicate a choice. The county board may call a
special county election upon a question to be held deleted text begin within 60
days
deleted text end new text begin on any date specified in section 204D.035, subdivision 3,
new text end after a resolution to that effect is adopted by the county
board. Upon the adoption of the resolution the county auditor
shall post and publish notices of the election, as required by
section 204D.22, subdivisions 2 and 3. The election shall be
conducted and the returns canvassed in the manner prescribed by
sections 204D.20 to 204D.27, so far as practicable.

Sec. 10.

Minnesota Statutes 2004, section 458.40, is
amended to read:


458.40 MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.

If a charter adopted under the Minnesota Constitution,
article IV, section 36, article XI, section 4, or article XII,
section 5, has a provision that requires the question of the
issuance of bonds to be submitted to the electors, the provision
prevails over sections 458.36 to 458.40. new text begin The question must be
submitted to voters on one of the dates specified in section
204D.035, subdivision 3, notwithstanding any contrary provision
in the charter regarding the date of submission.
new text end

Sec. 11.

Minnesota Statutes 2004, section 465.82,
subdivision 2, is amended to read:


Subd. 2.

Contents of plan.

The plan must state:

(1) the specific cooperative activities the units will
engage in during the first two years of the venture;

(2) the steps to be taken to effect the merger of the
governmental units, with completion no later than four years
after the process begins;

(3) the steps by which a single governing body will be
created or, when the entire territory of a unit will be
apportioned between or among two or more units contiguous to the
unit that is to be apportioned, the steps to be taken by the
governing bodies of the remaining units to provide for
representation of the residents of the apportioned unit;

(4) changes in services provided, facilities used, and
administrative operations and staffing required to effect the
preliminary cooperative activities and the final merger, and a
two-, five-, and ten-year projection of expenditures for each
unit if it combined and if it remained separate;

(5) treatment of employees of the merging governmental
units, specifically including provisions for reassigning
employees, dealing with exclusive representatives, and providing
financial incentives to encourage early retirements;

(6) financial arrangements for the merger, specifically
including responsibility for debt service on outstanding
obligations of the merging units;

(7) one- and two-year impact analyses, prepared by the
granting state agency at the request of the local government
unit, of major state aid revenues received for each unit if it
combined and if it remained separate, including an impact
analysis, prepared by the Department of Revenue, of any property
tax revenue implications associated with tax increment financing
districts and fiscal disparities under chapter 276A or 473F
resulting from the merger;

(8) procedures for a referendum to be held new text begin on a date
specified in section 204D.035, subdivision 3,
new text end before the
proposed combination to approve combining the local government
units, specifically stating whether a majority of those voting
in each district proposed for combination or a majority of those
voting on the question in the entire area proposed for
combination is needed to pass the referendum; and

(9) a time schedule for implementation.

Notwithstanding clause (3) or any other law to the
contrary, all current members of the governing bodies of the
local government units that propose to combine under sections
465.81 to 465.86 may serve on the initial governing body of the
combined unit until a gradual reduction in membership is
achieved by foregoing election of new members when terms expire
until the number permitted by other law is reached.

Sec. 12.

Minnesota Statutes 2004, section 465.84, is
amended to read:


465.84 REFERENDUM.

During the first or second year of cooperation, a
referendum on the question of combination must be conducted.
The referendum must be on a date new text begin specified in section 204D.035,
subdivision 3, and
new text end called by the governing bodies of the units
that propose to combine. The referendum must be conducted
according to the Minnesota Election Law, as defined in section
200.01. If the referendum fails, the same question or a
modified question may be submitted the following year. If the
referendum fails again, the same question may not be submitted.
Referendums shall be conducted on the same date in all local
government units.

Sec. 13.

Minnesota Statutes 2004, section 469.053,
subdivision 5, is amended to read:


Subd. 5.

Reverse referendum.

A city may increase its
levy for port authority purposes under subdivision 4 only as
provided in this subdivision. Its city council must first pass
a resolution stating the proposed amount of levy increase. The
city must then publish the resolution together with a notice of
public hearing on the resolution for two successive weeks in its
official newspaper or, if none exists, in a newspaper of general
circulation in the city. The hearing must be held two to four
weeks after the first publication. After the hearing, the city
council may decide to take no action or may adopt a resolution
authorizing the proposed increase or a lesser increase. A
resolution authorizing an increase must be published in the
city's official newspaper or, if none exists, in a newspaper of
general circulation in the city. The resolution is not
effective if a petition requesting a referendum on the
resolution is filed with the city clerk within 30 days of
publication of the resolution. The petition must be signed by
voters equaling five percent of the votes cast in the city in
the last general election. The resolution is effective if
approved by a majority of those voting on the question. The
commissioner of revenue shall prepare a suggested form of
referendum question. The referendum must be held at a special
or general election deleted text begin before October 1 deleted text end new text begin on a date specified in
section 204D.035, subdivision 3,
new text end of the year for which the levy
increase is proposed.

Sec. 14.

Minnesota Statutes 2004, section 469.0724, is
amended to read:


469.0724 GENERAL OBLIGATION BONDS.

The port authority of Cannon Falls or Redwood Falls must
not proceed with the sale of general obligation tax supported
bonds until the city council by resolution approves the proposed
issuance. The resolution must be published in the official
newspaper. If, within 30 days after the publication, a petition
signed by voters equal in number to ten percent of the number of
voters at the last regular city election is filed with the city
clerk, the city and port authority must not issue the general
obligation tax supported bonds until the proposition has been
approved by a majority of the votes cast on the question at a
regular or special election new text begin held on one of the dates specified
in section 204D.035, subdivision 3
new text end .

Sec. 15.

Minnesota Statutes 2004, section 469.190,
subdivision 5, is amended to read:


Subd. 5.

Reverse referendum.

If the county board passes
a resolution under subdivision 4 to impose the tax, the
resolution must be published for two successive weeks in a
newspaper of general circulation within the unorganized
territory, together with a notice fixing a date for a public
hearing on the proposed tax.

The hearing must be held not less than two weeks nor more
than four weeks after the first publication of the notice.
After the public hearing, the county board may determine to take
no further action, or may adopt a resolution authorizing the tax
as originally proposed or approving a lesser rate of tax. The
resolution must be published in a newspaper of general
circulation within the unorganized territory. The voters of the
unorganized territory may request a referendum on the proposed
tax by filing a petition with the county auditor within 30 days
after the resolution is published. The petition must be signed
by voters who reside in the unorganized territory. The number
of signatures must equal at least five percent of the number of
persons voting in the unorganized territory in the last general
election. If such a petition is timely filed, the resolution is
not effective until it has been submitted to the voters residing
in the unorganized territory at a general or special election
new text begin held on one of the dates specified in section 204D.035,
subdivision 3,
new text end and a majority of votes cast on the question of
approving the resolution are in the affirmative. The
commissioner of revenue shall prepare a suggested form of
question to be presented at the referendum.

Sec. 16.

Minnesota Statutes 2004, section 475.521,
subdivision 2, is amended to read:


Subd. 2.

Election requirement.

(a) Bonds issued by a
city to finance capital improvements under an approved capital
improvements plan are not subject to the election requirements
of section 475.58. The bonds are subject to the net debt limits
under section 475.53. The bonds must be approved by an
affirmative vote of three-fifths of the members of a five-member
city council. In the case of a city council having more than
five members, the bonds must be approved by a vote of at least
two-thirds of the city council.

(b) Before the issuance of bonds qualifying under this
section, the city must publish a notice of its intention to
issue the bonds and the date and time of the hearing to obtain
public comment on the matter. The notice must be published in
the official newspaper of the city or in a newspaper of general
circulation in the city. Additionally, the notice may be posted
on the official Web site, if any, of the city. The notice must
be published at least 14 but not more than 28 days before the
date of the hearing.

(c) A city may issue the bonds only after obtaining the
approval of a majority of the voters voting on the question of
issuing the obligations, if a petition requesting a vote on the
issuance is signed by voters equal to five percent of the votes
cast in the city in the last general election and is filed with
the city clerk within 30 days after the public hearing. The
commissioner of revenue shall prepare a suggested form of the
question to be presented at the election. new text begin The election must be
held on one of the dates specified in section 204D.035,
subdivision 3.
new text end

Sec. 17.

Minnesota Statutes 2004, section 475.58,
subdivision 1, is amended to read:


Subdivision 1.

Approval by electors; exceptions.

Obligations authorized by law or charter may be issued by any
municipality upon obtaining the approval of a majority of the
electors voting new text begin at a special or general election held on one of
the dates specified in section 204D.035, subdivision 3,
new text end on the
question of issuing the obligations, but an election shall not
be required to authorize obligations issued:

(1) to pay any unpaid judgment against the municipality;

(2) for refunding obligations;

(3) for an improvement or improvement program, which
obligation is payable wholly or partly from the proceeds of
special assessments levied upon property specially benefited by
the improvement or by an improvement within the improvement
program, or of taxes levied upon the increased value of property
within a district for the development of which the improvement
is undertaken, including obligations which are the general
obligations of the municipality, if the municipality is entitled
to reimbursement in whole or in part from the proceeds of such
special assessments or taxes and not less than 20 percent of the
cost of the improvement or the improvement program is to be
assessed against benefited property or is to be paid from the
proceeds of federal grant funds or a combination thereof, or is
estimated to be received from such taxes within the district;

(4) payable wholly from the income of revenue producing
conveniences;

(5) under the provisions of a home rule charter which
permits the issuance of obligations of the municipality without
election;

(6) under the provisions of a law which permits the
issuance of obligations of a municipality without an election;

(7) to fund pension or retirement fund liabilities pursuant
to section 475.52, subdivision 6;

(8) under a capital improvement plan under section 373.40;
and

(9) under sections 469.1813 to 469.1815 (property tax
abatement authority bonds), if the proceeds of the bonds are not
used for a purpose prohibited under section 469.176, subdivision
4g, paragraph (b).

Sec. 18.

Minnesota Statutes 2004, section 475.58,
subdivision 1a, is amended to read:


Subd. 1a.

Resubmission limitation.

If the electors do
not approve the issuing of obligations at an election required
by subdivision 1, the question of authorizing the obligations
for the same purpose and in the same amount may not be submitted
to the electors deleted text begin within a period of deleted text end new text begin until a special or general
election held on a date specified in section 204D.035,
subdivision 3, and not sooner than
new text end 180 days from the date the
election was held. If the question of authorizing the
obligations for the same purpose and in the same amount is not
approved a second time it may not be submitted to the electors
within a period of one year after the second election.

Sec. 19.

Minnesota Statutes 2004, section 475.59, is
amended to read:


475.59 MANNER OF SUBMISSION; NOTICE.

When the governing body of a municipality resolves to issue
bonds for any purpose requiring the approval of the electors, it
shall provide for submission of the proposition of their
issuance at a general or special election new text begin held on a date
specified in section 204D.035, subdivision 3,
new text end or new text begin at a new text end town or
new text begin common new text end school district meeting. Notice of such election or
meeting shall be given in the manner required by law and shall
state the maximum amount and the purpose of the proposed issue.
In any school district, the school board or board of education
may, according to its judgment and discretion, submit as a
single ballot question or as two or more separate questions in
the notice of election and ballots the proposition of their
issuance for any one or more of the following, stated
conjunctively or in the alternative: acquisition or enlargement
of sites, acquisition, betterment, erection, furnishing,
equipping of one or more new schoolhouses, remodeling,
repairing, improving, adding to, betterment, furnishing,
equipping of one or more existing schoolhouses. In any city,
town, or county, the governing body may, according to its
judgment and discretion, submit as a single ballot question or
as two or more separate questions in the notice of election and
ballots the proposition of their issuance, stated conjunctively
or in the alternative, for the acquisition, construction, or
improvement of any facilities at one or more locations.

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 204C.05, subdivisions 1a
and 1b; 205.175; and 205A.09, are repealed.
new text end

Sec. 21. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective January 1, 2006. Section 17 is
effective for obligations authorized at an election held after
January 1, 2006.
new text end