Minnesota Legislature
HF 1907
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am
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A bill for an act
relating to elections; changing recount procedures; requiring certain verification
programs; amending Minnesota Statutes 2008, sections 204C.35; 204C.36,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters
201; 204C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
RECOUNT PROCEDURES
Section 1.
new text begin
[204C.345] DEFINITION; RECOUNT.
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new text begin
As used in sections 204C.35 and 204C.36, "recount" means a recount using
electronic voting systems of all ballots that were counted during the original count of
votes cast at an election, except that ballots cast at precincts where electronic voting
systems were not in use during the election must be recounted using the method of ballot
counting used during the original count.
new text end
Sec. 2.
Minnesota Statutes 2008, section 204C.35, is amended to read:
204C.35 FEDERAL, STATE, AND JUDICIAL RACES.
Subdivision 1.
Automatic recounts.
(a) In a state primary when the difference
between the votes cast for the candidates for nomination to a statewide federal office,
state constitutional office, statewide judicial office, congressional office, state legislative
office, or district judicial office:
(1) is less than one-half of one percent of the total number of votes counted for
that nomination; or
(2) is ten votes or less and the total number of votes cast for the nomination is 400
votes or less;
and the difference determines the nomination, the canvassing board with responsibility for
declaring the results for that office shall deleted text begin manuallydeleted text end recount the vote.
(b) In a state general election when the difference between the votes of a candidate
who would otherwise be declared elected to a statewide federal office, state constitutional
office, statewide judicial office, congressional office, state legislative office, or district
judicial office and the votes of any other candidate for that office:
(1) is less than one-half of one percent of the total number of votes counted for
that office; or
(2) is ten votes or less if the total number of votes cast for the office is 400 votes or
less,
the canvassing board shall deleted text begin manuallydeleted text end recount the votes.
(c) A recount must not delay any other part of the canvass. The results of the recount
must be certified by the canvassing board as soon as possible.
(d) Time for notice of a contest for an office which is recounted pursuant to this
section shall begin to run upon certification of the results of the recount by the canvassing
board.
(e) A losing candidate may waive a recount required pursuant to this section by
filing a written notice of waiver with the canvassing board.
Subd. 2.
Discretionary candidate recount.
(a) A losing candidate whose name was
on the ballot for nomination or election to a statewide federal office, state constitutional
office, statewide judicial office, congressional office, state legislative office, or district
judicial office may request a recount in a manner provided in this section at the candidate's
own expense when the vote difference is greater than the difference required by this
section. The votes shall be deleted text begin manuallydeleted text end recounted as provided in this section if the candidate
files a request during the time for filing notice of contest of the primary or election for
which a recount is sought.
(b) The requesting candidate shall file with the filing officer a bond, cash, or surety
in an amount set by the filing officer for the payment of the recount expenses. The
requesting candidate is responsible for the following expenses: the compensation of the
secretary of state, or designees, and any election judge, municipal clerk, county auditor,
administrator, or other personnel who participate in the recount; the costs of computer
operation, preparation of ballot counting equipment, necessary supplies and travel
related to the recount; the compensation of the appropriate canvassing board and costs of
preparing for the canvass of recount results; and any attorney fees incurred in connection
with the recount by the governing body responsible for the recount.
(c) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after these
precincts have been counted. If the candidate provides a list, the recount official must
determine the expenses for those precincts in the manner provided by paragraph (b).
(d) If the winner of the race is changed by the optional recount, the cost of the
recount must be paid by the jurisdiction conducting the recount.
(e) If a result of the vote counting in the deleted text begin manualdeleted text end recount is different from the result
of the vote counting reported on election day by a margin greater than the standard for
acceptable performance of voting systems provided in section 206.89, subdivision 4, the
cost of the recount must be paid by the jurisdiction conducting the recount.
Subd. 3.
Scope of recount.
A recount conducted as provided in this section is
limited in scope to the determination of the number of votes validly castnew text begin and counted
on election daynew text end for the office to be recounted. Only the ballots castnew text begin and countednew text end in the
election and the summary statements certified by the election judges may be considered in
the recount process.
Sec. 3.
Minnesota Statutes 2008, section 204C.36, subdivision 2, is amended to read:
Subd. 2.
Discretionary candidate recounts.
(a) A losing candidate for nomination
or election to a county, municipal, or school district office may request a recount in the
manner provided in this section at the candidate's own expense when the vote difference is
greater than the difference required by subdivision 1, clauses (a) to (e). The votes shall
be deleted text begin manuallydeleted text end recounted as provided in this section if the requesting candidate files with
the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an
amount set by the governing body of the jurisdiction or the school board of the school
district for the payment of the recount expenses.
(b) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after these
precincts have been counted. If the candidate provides a list, the recount official must
determine the expenses for those precincts in the manner provided by paragraph (b).
(c) If the winner of the race is changed by the optional recount, the cost of the
recount must be paid by the jurisdiction conducting the recount.
(d) If a result of the vote counting in the deleted text begin manualdeleted text end recount is different from the result
of the vote counting reported on election day by a margin greater than the standard for
acceptable performance of voting systems provided in section 206.89, subdivision 4, the
cost of the recount must be paid by the jurisdiction conducting the recount.
ARTICLE 2
VERIFICATION AND STANDARDS
Section 1.
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[201.165] DATA VERIFICATION AND VALIDATION.
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new text begin Subdivision 1. new text end
new text begin Duties of secretary of state. new text end
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In addition to other voter registration
verification duties in Minnesota Election Law, the secretary of state shall establish a
data verification and validation program designed to ensure the accuracy and integrity of
Minnesota's voter registration information.
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new text begin Subd. 2. new text end
new text begin Cross-checking with other agencies. new text end
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The program designed under
subdivision 1 must include cross-checking voter registration information with the
following:
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(1) the Bureau of Criminal Apprehension concerning felons who are prohibited
from voting;
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(2) the Department of Public Safety to check on consistency of data and possible
noncitizenship;
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(3) the Social Security Administration to verify identities of registered voters and to
determine if any are deceased; and
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(4) the United States Postal Service to verify address information.
new text end
new text begin Subd. 3. new text end
new text begin Internal cross-checking. new text end
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The program designed under subdivision 1 must
provide for internal cross-checking for completeness and consistency, including checks for
duplicate voter registrations; inconsistent birth, registration, and other dates; and missing
data that would render a registration deficient.
new text end
new text begin Subd. 4. new text end
new text begin Remedy. new text end
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If a voter's registration fails to meet standards set by the secretary
of state as part of the program designed under subdivision 1, the registration must be
flagged to be challenged at the polls at the next election. Voters whose registrations have
been flagged must correct registration information before being allowed to vote.
new text end
Sec. 2.
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[201.166] RECORD-KEEPING RULES.
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The secretary of state shall adopt rules specifying specific standards to be met by
counties in election-related record keeping. County auditors are responsible for ensuring
compliance with those rules.
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Sec. 3.
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[201.167] BIENNIAL AUDIT.
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The secretary of state shall contract for and provide to the governor and to the
chairs of the committees in the house of representatives and senate with jurisdiction over
election law and election administration a biennial independent audit of Minnesota's voter
registration files and election-related records maintained by county auditors.
new text end
Sec. 4.
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[204C.235] VERIFICATION OF BALLOTS.
new text end
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The ballot of a person who registers on election day must be marked as "unverified"
by the election judges. The election official administering the election must verify that
the person's registration is valid by using the procedure in section 201.165. If the voter's
registration is determined to be valid, the vote must be counted. If the registration cannot
be verified, the vote must not be counted.
new text end