HF 1785

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; clarifying certain terms;
changing certain registration procedures and
requirements; changing certain election judge duties;
providing for delivery of certain ballots; providing
for absentee ballot boards in certain counties;
changing canary ballots; amending Minnesota Statutes
2004, sections 200.02, subdivisions 7, 23, by adding a
subdivision; 201.071, subdivision 1; 201.091,
subdivision 5; 203B.01, subdivision 3; 203B.04,
subdivisions 1, 4; 203B.07, subdivision 2; 203B.11,
subdivision 1; 203B.12, subdivision 2; 203B.20;
203B.21, subdivision 3; 203B.24, subdivision 1;
204B.14, subdivision 2; 204B.16, subdivision 1;
204B.18, subdivision 1; 204B.27, subdivisions 1, 3;
204B.33; 204C.05, subdivision 1a; 204C.28, subdivision
1; 204D.14, subdivision 3; 204D.27, subdivision 5;
205.175, subdivision 2; 205A.09, subdivision 1;
414.01, by adding a subdivision; 447.32, subdivision
4; proposing coding for new law in Minnesota Statutes,
chapters 204C; 205; 205A; 414.

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

Section 1.

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 elections new 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 elections new text end .

Sec. 2.

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 elections new 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 elections new 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. 3.

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. 4.

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 post card
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. 5.

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. 6.

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 States new text begin , and all other uniformed services as defined in
United States Code, title 42, 1973 ff-6 new text end .

Sec. 7.

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 in the rules of the secretary of state 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. 8.

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. 9.

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 left hand end new text begin and the design must provide an additional flap
that when sealed, conceals the signature, identification, and
other information to be revealed only to election officials, who
may open that 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 right hand
three-fourths of the 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. 10.

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 new text begin to serve
municipalities who do not administer absentee voting laws and
may designate election judges to perform the duties in this
section in municipalities that do administer absentee voting
laws new text end . 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. 11.

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 ballot new 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. 12.

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 voter new 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. 13.

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 or a commissioned or
noncommissioned officer 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. 14.

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 is the same 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's military identification number or passport
number matches that number as listed on the application record
provided to the election judges by the county auditor; or, if
those numbers do not match, a person authorized to administer
oaths in the jurisdiction in which the vote was cast, or a
witness who is a military officer 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. 15.

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 24 new 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. 16.

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

Subdivision 1.

Authority; location.

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.

Sec. 17.

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

Subdivision 1.

Booths new text begin ; voting stations new text end .

Each polling
place must contain a number of voting booths new text begin or self-contained
voting stations new text end in proportion to the number of individuals
eligible to vote in the precinct. 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 independently new 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. 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 and handicapped voters 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. 18.

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. 19.

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

Subd. 3.

Instruction posters.

At least 25 days before
every state election the secretary of state shall prepare and
furnish to the county auditor of each county deleted text begin in which paper
ballots are used deleted text end , voter instruction posters printed in large
type upon cards or heavy paper. The instruction posters must
contain the information needed to enable the voters to cast
their 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. 20.

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. 21.

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 200.02 new text end ,
subdivision deleted text begin 2 deleted text end new text begin 24 new 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. 22.

new text begin [204C.275] INSPECTION OF POLLING PLACE ROSTERS.
new text end

new text begin An individual who asks to inspect a polling place roster
used on election day must provide the county auditor with
identification and a written request stating the information
required by section 201.091, subdivision 4. Before fulfilling
the request for inspection, the auditor must conceal the month
and date of birth of each person on the roster.
new text end

Sec. 23.

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. 24.

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. 25.

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 individuals new text begin ,
prepare notices of nomination, new text end and notify each nominee of the
nomination.

Sec. 26.

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. 27.

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. 28.

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. 29.

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
no later than ....... days prior to the election.
new text end

Sec. 30.

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.
new text end

Sec. 31.

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. 32.

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. 33.

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. 34.

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.