Minnesota Legislature
HF 2566
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:32pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 01/08/2010 |
Current Version - as introduced
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A bill for an act
relating to elections; modifying certain absentee ballot processes; changing
certain election administration provisions; changing and clarifying certain
election procedures, deadlines, and requirements; amending Minnesota Statutes
2008, sections 13.607, subdivision 7; 201.016, subdivisions 1a, 2; 201.056;
201.061, subdivisions 1, 3; 201.11; 201.12; 201.13; 203B.04, subdivision
1; 203B.05, subdivision 1; 203B.06, subdivision 3; 203B.07, subdivisions
2, 3; 203B.08, subdivisions 2, 3; 203B.081; 203B.085; 203B.125; 203B.23,
subdivisions 1, 2; 203B.24, subdivision 1; 203B.26; 204B.14, by adding
a subdivision; 204B.16, subdivision 1; 204B.18, subdivision 1; 204B.19,
subdivision 2; 204B.21, subdivisions 1, 2; 204B.24; 204B.27, subdivision 2;
204B.38; 204B.44; 204B.45, subdivision 2; 204C.02; 204C.04, subdivision
1; 204C.06, subdivision 1; 204C.08; 204C.10; 204C.13, subdivisions 2, 6;
204C.17; 204C.27; 204C.30, by adding subdivisions; 204C.33, subdivisions 1, 3;
204C.37; 204D.04, subdivision 2; 204D.09, subdivision 2; 205.075, subdivision
1, by adding a subdivision; 205.13, subdivisions 1, 1a, 2; 205.16, subdivisions
2, 3; 205.185, subdivision 3, by adding a subdivision; 205A.03, subdivision 1;
205A.05, subdivision 2; 205A.10, subdivisions 2, 3, by adding a subdivision;
206.57, subdivision 6; 206.89, subdivision 2; 208.05; 367.03, subdivision 4, by
adding a subdivision; Minnesota Statutes 2009 Supplement, section 204B.46;
proposing coding for new law in Minnesota Statutes, chapters 203B; 205A;
repealing Minnesota Statutes 2008, sections 201.096; 203B.04, subdivision 5;
203B.10; 203B.12, subdivisions 1, 2, 3, 4, 6, 7; 203B.13, subdivisions 1, 2, 3,
4; 203B.25; 206.805, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 13.607, subdivision 7, is amended to read:
Subd. 7.
Absentee ballots.
Disclosure of names of voters submitting absentee
ballots is governed by section deleted text begin 203B.12, subdivision 7deleted text end new text begin 203B.121, subdivision 2new text end .
Sec. 2.
Minnesota Statutes 2008, section 201.016, subdivision 1a, is amended to read:
Subd. 1a.
Violations; penalty.
(a) The county auditor shall mail a deleted text begin violationdeleted text end notice
to any voter who the county auditor can determine has deleted text begin voteddeleted text end new text begin : (1) provided the address at
which the voter maintains residence, but was allowed to votenew text end in a precinct other than the
precinct in which the voter maintains residencenew text begin ; and (2) not voted in the wrong precinct
previouslynew text end . The notice must be in the form provided by the secretary of state.
new text begin (b) The county auditor shall mail a violation notice to any voter who otherwise voted
in a precinct in which the voter did not maintain residence on election day. new text end The county
auditor shall also change the status of the voter in the statewide registration system to
"challenged" and the voter shall be required to provide proof of residence to either the
county auditor or to the election judges in the voter's precinct before voting in the next
election. Any of the forms authorized by section 201.061 for registration at the polling
place may be used for this purpose.
deleted text begin (b)deleted text end new text begin (c)new text end A voter who votes in a precinct other than the precinct in which the
voter maintains residence after receiving an initial violation notice as provided in this
subdivision is guilty of a petty misdemeanor.
deleted text begin (c)deleted text end new text begin (d)new text end A voter who votes in a precinct other than the precinct in which the voter
maintains residence after having been found to have committed a petty misdemeanor
under paragraph deleted text begin (b)deleted text end new text begin (c)new text end is guilty of a misdemeanor.
deleted text begin (d)deleted text end new text begin (e)new text end Reliance by the voter on inaccurate information regarding the location of
the voter's polling place provided by the state, county, or municipality is an affirmative
defense to a prosecution under this subdivision.
Sec. 3.
Minnesota Statutes 2008, section 201.016, subdivision 2, is amended to read:
Subd. 2.
Duration of residence.
The governing body of any city by resolution may
require an eligible voter to maintain residence in a precinct for a period of 30 days prior
to voting on any question affecting only that precinct or voting to elect public officials
representing only that precinct. The governing body of any town by resolution may
require an eligible voter to maintain residence in that town for a period of 30 days prior
to voting in a town election. The school board of any school district by resolution may
require an eligible voter to maintain residence in that school district for a period of 30 days
prior to voting in a school district election.new text begin If a political boundary, including a precinct,
municipal, or school district boundary, is redrawn within the 30 days prior to an election
in a manner that places an eligible voter in a new jurisdiction and the eligible voter has
not changed residence during the 30 days prior to the election, the eligible voter meets
any residency requirement imposed under this subdivision.
new text end
Sec. 4.
Minnesota Statutes 2008, section 201.056, is amended to read:
201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
An individual who is unable to write the individual's name shall be required to sign
a registration application in the manner provided by section 645.44, subdivision 14. If
the individual registers in person and signs by making a mark, the clerk or election judge
accepting the registration shall certify the mark by signing the individual's name. If the
individual registers by mail and signs by making a mark, the mark shall be certified by
having a voter registered in the individual's precinct sign the individual's name and the
voter's own name and give the voter's own address. new text begin An individual who has power of
attorney for another person may not sign election-related documents for that person,
except as provided by this section.
new text end
Sec. 5.
Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
Subdivision 1.
Prior to election day.
At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible voter or any
individual who will be an eligible voter at the time of the next election may register to vote
in the precinct in which the voter maintains residence by completing a voter registration
application as described in section 201.071, subdivision 1, and submitting it in person
or by mail to the county auditor of that county or to the Secretary of State's Office.
A registration that is received no later than 5:00 p.m. on the 21st day preceding any
election shall be accepted. An improperly addressed or delivered registration application
shall be forwarded within two working days after receipt to the county auditor of the
county where the voter maintains residence. A state or local agency or an individual that
accepts completed voter registration applications from a voter must submit the completed
applications to the secretary of state or the appropriate county auditor within ten new text begin business
new text end days after the applications are dated by the voter.
For purposes of this section, mail registration is defined as a voter registration
application delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.
Sec. 6.
Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:
Subd. 3.
Election day registration.
(a) 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 new text begin current, validnew text end 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 deleted text begin and certified to the county auditordeleted text end new text begin or new text end 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, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee 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. A voter who is registered to vote in
the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.
The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.
(b) The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.
(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section 245A.02, subdivision 14; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.
(d) For tribal band members, an individual may prove residence for purposes of
registering by:
(1) 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, address, signature, and picture of the individual; or
(2) 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, signature, and picture of the individual and also presenting one of the
documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.
Sec. 7.
Minnesota Statutes 2008, section 201.11, is amended to read:
201.11 PRECINCT BOUNDARIESnew text begin ; HOUSE NUMBER; STREET ADDRESSnew text end
CHANGED, CHANGE OF FILES.
new text begin Subdivision 1. new text end
new text begin Precinct boundaries changed. new text end
When the boundaries of a precinct
are changed, the county auditor shall immediately update the voter records for that
precinct in the statewide new text begin voter new text end registration system to accurately reflect those changes.
new text begin Subd. 2. new text end
new text begin House number or street address changed. new text end
new text begin
If a municipality
administratively changes the number or name of a street address of an existing residence,
the municipal clerk shall promptly notify the county auditor and the county auditor
shall immediately update the voter records of registered voters in the statewide voter
registration system to accurately reflect that change. A municipality must not make a
change to the number or name of a street address of an existing residence effective during
the 45 days prior to any election in a jurisdiction which includes the affected residence.
new text end
Sec. 8.
Minnesota Statutes 2008, section 201.12, is amended to read:
201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
CHALLENGES.
Subdivision 1.
Notice of registration.
To prevent fraudulent voting and to eliminate
excess names, the county auditor may mail to any registered voter a notice stating the
voter's name and address as they appear in the registration files. The notice shall request
the voter to notify the county auditor if there is any mistake in the information.
Subd. 2.
Moved within state.
If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address in this state,
the county auditor may change the voter's status to "inactive" in the statewide registration
system and shall deleted text begin notifydeleted text end new text begin transmit a copy of the mailing tonew text end the auditor of the county in which
the new address is located. deleted text begin Upon receipt of the notice,deleted text end new text begin If an election is scheduled to occur
in the precinct in which the voter resides in the next 47 days,new text end the county auditor shall
new text begin promptly new text end update the voter's address in the statewide new text begin voter new text end registration system deleted text begin anddeleted text end new text begin . If there
is not an election scheduled, the auditor may wait to update the voter's address until after
the next list of address changes is received from the secretary of state. Once updated, the
county auditor shallnew text end mail to the voter a notice stating the voter's name, address, precinct,
and polling place. The notice must advise the voter that the voter's voting address has
been changed and that the voter must notify the county auditor within 21 days if the
new address is not the voter's address of residence. The notice must state that it must be
returned if it is not deliverable to the voter at the named address.
Subd. 3.
Moved out of state.
If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address outside this
state, the county auditor shall promptly mail to the voter at the voter's new address a notice
advising the voter that the voter's status in the statewide new text begin voter new text end registration system will be
changed to "inactive" unless the voter notifies the county auditor within 21 days that the
voter is retaining the former address as the voter's address of residence. If the notice is
not received by the deadline, deleted text begin the county auditor shall changedeleted text end the voter's status new text begin shall be
changed new text end to "inactive" in the statewide new text begin voter new text end registration system.
Subd. 4.
Challenges.
If any nonforwardable mailing from an election official
is returned as undeliverable but with no forwarding address, the county auditor shall
change the registrant's status to "challenged" in the statewide new text begin voter new text end registration system.
An individual challenged in accordance with this subdivision shall comply with the
provisions of section 204C.12, before being allowed to vote. If a notice mailed at least
60 days after the return of the first nonforwardable mailing is also returned by the postal
service, the county auditor shall change the registrant's status to "inactive" in the statewide
new text begin voter new text end registration system.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2008, section 201.13, is amended to read:
201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER
RECORDS.
Subdivision 1.
Commissioner of health; reports of deceased residents.
Pursuant
to the Help America Vote Act of 2002, Public Law 107-252, the commissioner of health
shall report monthly by electronic means to the secretary of state the name, address, date
of birth, and county of residence of each individual 18 years of age or older who has died
while maintaining residence in Minnesota since the last previous report. The secretary of
state shall determine if any of the persons listed in the report are registered to vote and
shall prepare a list of those registrants for each county auditor. Within 60 days after
receiving the list from the secretary of state, the county auditor shall change the status of
those registrants to "deceased" in the statewide new text begin voter new text end registration system.
Subd. 2.
Deceased nonresidents.
After receiving notice of death of a voter who has
died outside the county, the county auditor shall change the voter's status to "deceased."
Notice must be in the form of a printed obituary or a written statement signed by a
registered voter deleted text begin of the countydeleted text end .
Subd. 3.
Use of change of address system.
(a) At least once each month the
secretary of state shall obtain a list of individuals registered to vote in this state who have
filed with the United States Postal Service a change of their permanent address. new text begin However,
the secretary of state shall not obtain this list within the 47 days before the state primary or
47 days before a November general election.
new text end
new text begin (b) new text end If the address is changed to another address in this state, the secretary of state
shall new text begin locate the precinct in which the voter resides, if possible. If the secretary of state
is able to locate the precinct in which the voter resides, the secretary must new text end transmit the
information about the changed address by electronic means to the county auditor of the
county in which the new address is located. new text begin If the voter has not voted or submitted a
voter registration application since the address change, new text end upon receipt of the information,
the county auditor shall update the voter's address in the statewide new text begin voter new text end registration
system deleted text begin anddeleted text end new text begin . The county auditor shallnew text end mail to the voter a notice stating the voter's name,
address, precinct, and polling placenew text begin , unless the voter's record is challenged due to a felony
conviction, noncitizenship, name change, incompetence, or a court's revocation of voting
rights of individuals under guardianship, in which case the auditor must not mail the
noticenew text end . The notice must advise the voter that the voter's voting address has been changed
and that the voter must notify the county auditor within 21 days if the new address is not
the voter's address of residence. The notice must state that it must be returned if it is not
deliverable to the voter at the named address.
deleted text begin (b)deleted text end new text begin (c)new text end If the change of permanent address is to an address outside this state, the
secretary of state shall notify by electronic means the auditor of the county where the
voter formerly resided that the voter has moved to another state. new text begin If the voter has not voted
or submitted a voter registration application since the address change, new text end the county auditor
shall promptly mail to the voter at the voter's new address a notice advising the voter that
the voter's status in the statewide new text begin voter new text end registration system will be changed to "inactive"
unless the voter notifies the county auditor within 21 days that the voter is retaining the
former address as the voter's address of residencenew text begin , except that if the voter's record is
challenged due to a felony conviction, noncitizenship, name change, incompetence, or
a court's revocation of voting rights of individuals under guardianship, the auditor must
not mail the noticenew text end . If the notice is not received by the deadline, the county auditor shall
change the voter's status to "inactive" in the statewide new text begin voter new text end registration system.
Subd. 4.
Request for removal of voter record.
If a voter makes a written request
for removal of the voter's record, the county auditor shall remove the record of the voter
from the statewide new text begin voter new text end registration system.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:
Subdivision 1.
Application procedures.
Except as otherwise allowed by
subdivision 2 or by section 203B.11, subdivision 4, 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 by the secretary of statedeleted text begin , notwithstanding rules on absentee ballot forms,deleted text end
and shall furnish them to any person on request. 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. An application submitted pursuant to this subdivision shall be in writing
and shall be submitted to:
deleted text begin (a)deleted text end new text begin (1) new text end the county auditor of the county where the applicant maintains residence; or
deleted text begin (b)deleted text end new text begin (2) new text end 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 deleted text begin maydeleted text end new text begin must new text end contain a request for the deleted text begin voter'sdeleted text end new text begin applicant's
new text end date of birth, deleted text begin whichdeleted text end new text begin the applicant's Minnesota driver's license or state identification card
number, and the last four digits of the applicant's Social Security number, if the applicant
has these numbers, an oath that the information contained on the form is accurate, that the
applicant is applying on the applicant's own behalf, and that the applicant is signing the
form under penalty of perjury. An applicant's full date of birth, driver's license or state
identification number, and the last four digits of the applicant's Social Security number
new text end 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
deleted text begin 5deleted text end new text begin 6 new text end to automatically receive an absentee ballot deleted text begin applicationdeleted text end .
Sec. 11.
Minnesota Statutes 2008, section 203B.05, subdivision 1, is amended to read:
Subdivision 1.
Generally.
The full-time clerk of any city or town shall administer
the provisions of sections 203B.04 to 203B.15 if:
deleted text begin (a)deleted text end new text begin (1)new text end the county auditor of that county has designated the clerk to administer
them; or
deleted text begin (b)deleted text end new text begin (2)new text end the clerk has given the county auditor of that county notice of intention
to administer them.
new text begin
A clerk may only administer the provisions of sections 203B.04 to 203B.15 if the
clerk has technical capacity to access the statewide voter registration system in the secure
manner prescribed by the secretary of state. The secretary of state must identify hardware,
software, security, or other technical prerequisites necessary to ensure the security,
access controls, and performance of the statewide voter registration system. A clerk
must receive training approved by the secretary of state on the use of the statewide voter
registration system before administering this section. A clerk may not use the statewide
voter registration system until the clerk has received the required training.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 12.
Minnesota Statutes 2008, section 203B.06, subdivision 3, is amended to read:
Subd. 3.
Delivery of ballots.
(a) If an application for absentee ballots is accepted
at a time when absentee ballots are not yet available for distribution, the county auditor,
or municipal clerk accepting the application shall file it and as soon as absentee ballots
are available for distribution shall mail them to the address specified in the application.
If an application for absentee ballots is accepted when absentee ballots are available for
distribution, the county auditor or municipal clerk accepting the application shall promptly:
(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause
(2);
(2) ship the ballots to the voter using a commercial shipper requested by the voter at
the voter's expense;
(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or
(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
voter who would have difficulty getting to the polls because of incapacitating health
reasons, or who is disabled, or who is a patient in a health care facility, a resident of
a facility providing assisted living services governed by chapter 144G, a participant in
a residential program for adults licensed under section 245A.02, subdivision 14, or a
resident of a shelter for battered women as defined in section 611A.37, subdivision 4.
(b) If an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the
next election occurring after receipt of the application. Only one set of ballots may be
mailed, shipped, or delivered to an applicant for any election, except as provided in section
deleted text begin 203B.13deleted text end new text begin 203B.121new text end , subdivision 2, or when a replacement ballot has been requested by the
voter for a ballot that has been spoiled or lost in transit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 13.
new text begin
[203B.065] RECORDING APPLICATIONS.
new text end
new text begin
Upon accepting an application for a state primary or state general election, the
county auditor or municipal clerk shall record in the statewide registration system the
voter's name, address of residence in Minnesota, mailing address, Minnesota driver's
license or state identification number, or the last four digits of the voter's Social Security
number, if provided by the voter, that an absentee ballot has been transmitted to the voter,
the method of transmission, and the date of transmission.
new text end
new text begin
Upon receipt of a returned absentee ballot for a state primary or state general
election, the county auditor or municipal clerk shall record in the statewide voter
registration system that the voter has returned the ballot.
new text end
new text begin
Upon receipt of notice that the ballot board has accepted or rejected the absentee
ballot for a state primary or state general election, the county auditor or municipal clerk
shall record in the statewide voter registration system whether the ballot was accepted or
rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to
the voter, the county auditor or municipal clerk shall record this in the statewide voter
registration system.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 14.
Minnesota Statutes 2008, 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 folded voter registration
application. The return envelope shall be designed to open on the left-hand end. deleted text begin If the
voter was not previously registered,deleted text end The return envelope must be designed in one of
the following ways:
(1) it must be of sufficient size to contain an additional envelope that when sealed,
conceals the signature, identification, and other information; or
(2) it must provide an additional flap that when sealed, conceals the signature,
identification, and other information.
Election officials may open the flap or the additional envelope at any time after
receiving the returned ballot to inspect the returned certificate for completeness or to
ascertain other information.
Sec. 15.
Minnesota Statutes 2008, section 203B.07, subdivision 3, is amended to read:
Subd. 3.
Eligibility certificate.
A certificate of eligibility to vote by absentee ballot
shall be printed on the back of the return envelope. The certificate shall contain new text begin space for
the voter's Minnesota driver's license, state identification number, or the last four digits of
the voter's Social Security number or to indicate that they do not have one, and new text end 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 ballotnew text begin , that the ballots were unmarked when
received by the voter, and that the voter personally marked the ballots without showing
how they were marked, or, if the voter was physically unable to mark them, that the voter
directed another individual to mark themnew text end . new text begin If the voter was not previously registered at that
address, new text end the certificate shall also contain new text begin space for new text end a statement signed by a person who
is deleted text begin registered to vote in Minnesota or by a notary public or other individual authorized to
administer oathsdeleted text end new text begin a United States citizen of voting age new text end stating thatdeleted text begin :deleted text end
deleted text begin
(1) the ballots were displayed to that individual unmarked;
deleted text end
deleted text begin
(2) 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
deleted text end
deleted text begin (3) if the voter was not previously registered,deleted text end the voter has provided proof of
residence as required by section 201.061, subdivision 3.
Sec. 16.
Minnesota Statutes 2008, section 203B.08, subdivision 2, is amended to read:
Subd. 2.
Address on return envelopes.
The county auditor or municipal clerk shall
address return envelopes to allow direct mailing of the absentee ballots todeleted text begin :deleted text end new text begin
new text end
deleted text begin (a)deleted text end the county auditor or municipal clerk who deleted text begin sent the ballots to the voter;deleted text end new text begin has the
responsibility to accept and reject the absentee ballots.
new text end
deleted text begin
(b) the clerk of the town or city in which the absent voter is eligible to vote; or
deleted text end
deleted text begin
(c) the appropriate election judges.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 17.
Minnesota Statutes 2008, section 203B.08, subdivision 3, is amended to read:
Subd. 3.
Procedures on receipt of ballots.
When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and date the return
envelope and place it in a secure location with other return envelopes received by that
office. new text begin Within five days after receipt, new text end the county auditor or municipal clerk shall deliver
to the deleted text begin appropriate election judges on election day all ballots received before or with the
last mail delivery by the United States Postal Service on election day. A town clerk may
request the United States Postal Service to deliver absentee ballots to the polling place
on election day instead of to the official address of the town clerkdeleted text end new text begin ballot board all ballots
received, except that during the 14 days immediately preceding an election, the county
auditor or municipal clerk shall deliver all ballots received to the ballot board within
three daysnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 18.
Minnesota Statutes 2008, section 203B.081, is amended to read:
203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
An eligible voter may vote by absentee ballot during the 30 days before the electionnew text begin
up until the fourth day before the electionnew text end in the office of the county auditor and at any
other polling place designated by the county auditor.new text begin On the day before the election,
voters who had planned on voting in person in the polling place and only learned of
circumstances in the last four days that will prevent them from doing so may vote by
absentee ballot.new text end The county auditor shall make such designations at least 90 days before
the election. At least one voting booth in each polling place must be made available by the
county auditor for this purpose. The county auditor must also make available at least one
electronic ballot marker in each polling place that has implemented a voting system that is
accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 19.
Minnesota Statutes 2008, section 203B.085, is amended to read:
203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
The county auditor's office in each county and the clerk's office in each city or
town authorized under section 203B.05 to administer absentee balloting must be open for
acceptance of absentee ballot applications and casting of absentee ballots from 10:00 a.m.
to 3:00 p.m. on Saturday and until 5:00 p.m. on thenew text begin fourthnew text end day deleted text begin immediatelydeleted text end preceding a
primary, special, or general election unless that day falls on a Saturday or Sunday.new text begin On
the day before the election, the office must be open for acceptance of absentee ballot
applications and to allow a voter to cast an absentee ballot if the voter provides additional
certification stating that the voter had planned on voting in person at the polling place but
became aware of circumstances within the four days preceding the day before the election
that prevent the voter from voting in person at the polling place.new text end Town clerks' offices must
be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday before a town
general election held in March. The school district clerk, when performing the county
auditor's election duties, need not comply with this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 20.
new text begin
[203B.121] BALLOT BOARDS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; applicable laws. new text end
new text begin
(a) The governing body of each
county, municipality, and school district with responsibility to accept and reject absentee
ballots must, by ordinance or resolution, establish a ballot board. The board must consist
of a sufficient number of election judges appointed as provided in sections 204B.19 to
204B.22. The board may consist of staff trained as election judges, in which case the
board is exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party
balance in the appointment of judges, and is also exempt from the duties otherwise
required to be performed by ballot board members or election judges of two different
major political parties.
new text end
new text begin
(b) Each jurisdiction must pay a reasonable compensation to each member of that
jurisdiction's ballot board for services rendered during an election.
new text end
new text begin
(c) Except as otherwise provided by this section, all provisions of the Minnesota
Election Law apply to a ballot board.
new text end
new text begin Subd. 2. new text end
new text begin Duties of ballot board; absentee ballots. new text end
new text begin
(a) The members of the ballot
board shall take possession of all return envelopes delivered to them in accordance
with section 203B.08. Upon receipt from the county auditor, municipal clerk, or school
district clerk, two or more members of the ballot board of different major political parties
shall examine each return envelope and shall mark it accepted or rejected in the manner
provided in this subdivision.
new text end
new text begin
(b) The members of the ballot board shall mark the return envelope "accepted" and
initial or sign the return envelope below the word "accepted" if a majority of the members
of the ballot board are satisfied that:
new text end
new text begin
(1) the voter's name and address on the return envelope are the same as the
information provided on the absentee ballot application;
new text end
new text begin
(2) the voter signed the certification on the envelope;
new text end
new text begin
(3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as the number provided on the
voter's application for ballots. If the number does not match the number as submitted on
the application, or if a number was not submitted on the application, the election judges
must make a reasonable effort to determine through other information provided by the
applicant that the ballots were returned by the same person to whom the ballots were
transmitted;
new text end
new text begin
(4) 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
new text end
new text begin
(5) the voter has not already voted at that election, either in person or by absentee
ballot.
new text end
new text begin
The return envelope from accepted ballots must be preserved and returned to the
county auditor.
new text end
new text begin
The ballots from return envelopes marked "accepted" shall be opened, duplicated as
needed in the manner provided in section 206.86, subdivision 5, initialed by the members
of the ballot board, and deposited in the appropriate ballot box. These duties must be
performed by ballot board members of two different major political parties. If more than
one ballot is enclosed in the ballot envelope, the ballots must be returned in the manner
provided by section 204C.25 for return of spoiled ballots, and may not be counted.
new text end
new text begin
(c)(1) If a majority of the members of the ballot board examining a return envelope
find that an absentee voter has failed to meet one of the requirements provided in
paragraph (b), they shall mark the return envelope "rejected," initial or sign it below the
word "rejected," list the reason for the rejection on the envelope, and return it to the county
auditor. There is no other reason for rejecting an absentee ballot beyond those permitted
by this section. Failure to place the ballot 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
(2) If an envelope has been rejected at least five days before the election, the
envelope must remain sealed and the official in charge of the ballot board shall provide
the voter with a replacement absentee ballot and return envelope in place of the rejected
ballot. Notwithstanding any rule to the contrary, the official in charge of the election is not
required to write "replacement" on the replacement ballot.
new text end
new text begin
(3) If an envelope is rejected within five days of the election, the envelope must
remain sealed and the official in charge of the ballot board must attempt to contact the
voter by telephone or electronic mail to notify the voter that the voter's ballot has been
rejected. The official must document the attempts made to contact the voter.
new text end
new text begin
(d) The names of voters who have submitted an absentee ballot return envelope to
the county auditor or municipal clerk that has not been accepted by a ballot board may not
be made available for public inspection until the close of voting on election day.
new text end
new text begin Subd. 3. new text end
new text begin Record of voting. new text end
new text begin
(a) The county auditor or municipal clerk must
immediately record that a voter's absentee ballot has been accepted in order to prevent
the voter from casting more than one ballot at an election. After a voter's record has
been marked, the individual must not be allowed to vote again at that election. In a state
primary, state general, or state special election, the auditor or clerk must also record in the
statewide voter registration system that the voter has cast a ballot.
new text end
new text begin
(b) The roster must be marked, or a supplemental report created, no later than the
start of voting on election day to indicate the voters that have already cast a ballot at the
election. The roster may be marked either:
new text end
new text begin
(1) by the municipal clerk before election day;
new text end
new text begin
(2) by the ballot board before election day; or
new text end
new text begin
(3) by the election judges at the polling place on election day.
new text end
new text begin
The record of a voter who cast an absentee ballot in person on the day prior to the
election, or whose absentee ballot was received by the county auditor on the day of, or
the day prior to the election, is not required to be marked on the roster or contained in a
supplemental report as required by this paragraph.
new text end
new text begin Subd. 4. new text end
new text begin Storage and counting of absentee ballots. new text end
new text begin
(a) On a day on which
absentee ballots are inserted into a ballot box, two members of the ballot board of different
major political parties must:
new text end
new text begin
(1) remove the ballots from the ballot box at the end of the day;
new text end
new text begin
(2) without inspecting the ballots, ensure that the number of ballots removed from
the ballot box is equal to the number of voters whose absentee ballots were accepted
that day; and
new text end
new text begin
(3) seal and secure all voted and unvoted ballots present in that location at the end
of the day.
new text end
new text begin
(b) After the polls have closed on election day, two members of the ballot board of
different major political parties must count the ballots, tabulating the vote in a manner that
indicates each vote of the voter and the total votes cast for each candidate or question. In
state primary and state general elections, the results must indicate the total votes cast for
each candidate or question in each precinct and report the vote totals tabulated for each
precinct. The count shall be public. No vote totals from ballots may be made public
before the close of voting on election day.
new text end
new text begin
In state primary and state general elections, these vote totals shall be added to the
vote totals on the summary statements of the returns for the appropriate precinct. In other
elections, these vote totals may be added to the vote totals on the summary statement of
returns for the appropriate precinct or may be reported as a separate total.
new text end
new text begin
(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
completed previously, the members of the ballot board must verify within 48 hours after
election day that voters whose absentee ballots arrived after the rosters were marked or
supplemental reports were generated and whose ballots were accepted did not vote in
person on election day. This task must be completed before the members of the ballot
board take any additional steps to process and count these ballots.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
The provisions of this section are effective when the secretary
of state has certified that the statewide voter registration system has been tested, shown
to properly allow municipal clerks to update absentee voting records, and shown to be
able to handle the expected volume of use.
new text end
Sec. 21.
Minnesota Statutes 2008, section 203B.125, is amended to read:
203B.125 SECRETARY OF STATE TO MAKE RULES.
The secretary of state shall adopt rules establishing methods and procedures for
issuing ballot cards and related absentee forms to be used as provided in section 203B.08,
subdivision 1a, and for the reconciliation of voters and ballot cards before tabulation under
section deleted text begin 203B.12deleted text end new text begin 204C.20, subdivision 1new text end .
Sec. 22.
Minnesota Statutes 2008, section 203B.23, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
The county auditor must establish an absentee ballot
board for ballots issued under sections 203B.16 to 203B.27. The board may consist of
staff trained and certified as election judges, in which case, the board is exempt from
sections 204B.19, subdivision 5, and 204C.15, relating to party balance in appointment
of judges and to duties to be performed by judgesnew text begin or members of the ballot boardnew text end of
different major political parties.
Sec. 23.
Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:
Subd. 2.
Duties.
The absentee ballot board must examine all returned absentee
ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject
the absentee ballots in the manner provided in section 203B.24. If the certificate of voter
eligibility is not printed on the return or administrative envelope, the certificate must
be attached to the ballot secrecy envelope.
The absentee ballot board must immediately examine the return envelopes and mark
them "accepted" or "rejected" during the 30 days before the election. If an envelope has
been rejected at least five days before the election, the ballots in the envelope must be
considered spoiled ballots and the official in charge of the absentee ballot board must
provide the voter with a replacement absentee ballot and return envelope in place of
the spoiled ballot.
new text begin
Except for federal write-in absentee ballots, the ballots from return envelopes
marked "accepted" must be opened, duplicated as needed in the manner provided by
section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited
in the appropriate ballot box. These duties must be performed by two members of the
ballot board of different major political parties.
new text end
new text begin
Federal write-in absentee ballots marked "accepted" must be opened, duplicated as
needed in the manner provided by section 206.86, subdivision 5, initialed by the members
of the ballot board, and deposited in the appropriate ballot box after 5:00 p.m. on the
fourth day before the election, unless the voter has submitted another absentee ballot with
a later postmark that has been accepted by the board.
new text end
new text begin
In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.
new text end
new text begin
No vote totals from absentee ballots may be made public before the close of voting
on election day.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 24.
Minnesota Statutes 2008, section 203B.24, subdivision 1, is amended to read:
Subdivision 1.
Check of voter eligibility; proper execution of certificate.
Upon
receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the
deleted text begin election judgesdeleted text end new text begin members of the ballot board new text end shall compare the voter's name with the
names recorded under section 203B.19 in the statewide registration system 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 The election judgesdeleted text end new text begin Two members of the ballot board of different major
political parties new text end shall mark the return envelope "accepted" and initial or sign the return
envelope below the word "accepted" if deleted text begin the election judgesdeleted text end new text begin a majority of the members of
the ballot board new text end are satisfied that:
(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;
(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;
(3) the voter has set forth the same voter's passport number, or Minnesota driver's
license or state identification card number, or the last four digits of the voter's Social
Security number as submitted on the application, if the voter has one of these documents;
deleted text begin anddeleted text end
(4) new text begin the voter is not known to have died; and
new text end
new text begin (5) new text end the voter has not already voted at that election, either in person or by absentee
ballot.
If the identification number described in clause (3) does not match the number
as submitted on the application, the deleted text begin election judgesdeleted text end new text begin members of the ballot board new text end must
make a reasonable effort to satisfy themselves through other information provided by the
applicant, or by an individual authorized to apply on behalf of the voter, that the ballots
were returned by the same person to whom the ballots were transmitted.
An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be
rejected for the lack of one of clauses (1) to deleted text begin (4)deleted text end new text begin (5)new text end . In particular, failure to place the
ballot within the security envelope before placing it in the outer white envelope is not a
reason to reject an absentee ballot.
deleted text begin Election judgesdeleted text end new text begin Members of the ballot board new text end must note the reason for rejection on
the back of the envelope in the space provided for that purpose.
Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
shall not be counted if the certificate 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.new text begin Notwithstanding other provisions of this section, the
counting of the absentee ballot of a deceased voter does not invalidate the election.new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 25.
Minnesota Statutes 2008, section 203B.26, is amended to read:
203B.26 SEPARATE RECORD.
A separate record of the ballots of absent voters cast under sections 203B.16 to
203B.27 must be generated from the statewide registration system for each precinct
and deleted text begin provided to the election judges in the polling place on election day, along with the
returned envelopes marked "accepted" by the absentee ballot board. The content of the
record must be in a form prescribed by the secretary of state. The election judges in the
polling place must note on the record any envelopes that had been marked "accepted" by
the absentee ballot board but were not counted. The election judges must preserve the
record and return it to the county auditor or municipal clerk with the election daydeleted text end new text begin retained
with the other election new text end materials.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 26.
Minnesota Statutes 2008, section 204B.14, is amended by adding a
subdivision to read:
new text begin Subd. 4a. new text end
new text begin Municipal boundary adjustment procedure. new text end
new text begin
A change in the boundary
of an election precinct that has occurred as a result of a municipal boundary adjustment
made under chapter 414 that is effective more than 21 days before a regularly scheduled
election takes effect at the scheduled election.
new text end
new text begin
A change in the boundary of an election precinct that has occurred as a result of a
municipal boundary adjustment made under chapter 414 that is effective less than 21 days
before a regularly scheduled election takes effect the day after the scheduled election.
new text end
Sec. 27.
Minnesota Statutes 2008, 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 deleted text begin or in a school district located in whole or in part in the metropolitan
area defined by section 200.02, subdivision 24,deleted text end shall be located within the boundaries of
the precinct or within one mile 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 200.02, subdivision 24, 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. 28.
Minnesota Statutes 2008, section 204B.18, subdivision 1, is amended to read:
Subdivision 1.
Booths; voting stations.
Each polling place must contain a number
of voting booths or voting stations in proportion to the number of individuals eligible
to vote in the precinct. Each booth or station 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 or station shall permit the voter to vote privately
and independently. Each polling place must have at least one accessible voting booth
or other accessible voting station 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 begin Local officials must make accessible voting
stations purchased with funds provided from the Help America Vote Act account available
to other local jurisdictions holding stand-alone elections. Local officials who purchased
the equipment may charge the other local jurisdictions for the costs of programming
the equipment, as well as a prorated cost of maintenance on the equipment. Any funds
received for use of the accessible voting equipment must be treated as program income
and deposited into the jurisdiction's Help America Vote Act account. new text end All booths or
stations must be constructed so that a voter is free from observation while marking ballots.
During the hours of voting, the booths or stations must have instructions, a pencil, and
other supplies needed to mark the ballots. A chair must be provided for elderly voters
and voters with disabilities to use while voting or waiting to vote. Stable flat writing
surfaces must also be made available to voters who are completing election-related forms.
All ballot boxes, voting booths, voting stations, and election judges must be in open
public view in the polling place.
Sec. 29.
Minnesota Statutes 2008, section 204B.19, subdivision 2, is amended to read:
Subd. 2.
Individuals not qualified to be election judges.
new text begin (a) Except as provided in
paragraph (b), new text end no individual shall be appointed as an election judge for any precinct if
that individual:
deleted text begin (a)deleted text end new text begin (1)new text end is unable to read, writenew text begin ,new text end or speak the English language;
deleted text begin (b)deleted text end new text begin (2)new text end is the spouse, parent, childnew text begin , including a stepchild, new text end or siblingnew text begin , including a
stepsibling, new text end of any election judge serving in the same precinct or of any candidate at
that election; or
deleted text begin (c)deleted text end new text begin (3)new text end is a candidate at that election.
new text begin
(b) Individuals who are related to each other as provided in paragraph (a), clause (2),
may serve as election judges in the same precinct, provided that they serve on separate
shifts that do not run concurrently.
new text end
Sec. 30.
Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:
Subdivision 1.
Appointment lists; duties of political parties and deleted text begin county auditordeleted text end new text begin
secretary of statenew text end .
On June 1 in a year in which there is an election for a partisan political
office, deleted text begin the county or legislative district chairs ofdeleted text end each major political partydeleted text begin , whichever
is designated by the state party,deleted text end shall prepare a list of eligible voters to act as election
judges in each election precinct deleted text begin in the county or legislative districtdeleted text end . The deleted text begin chairsdeleted text end new text begin political
parties new text end shall furnish the lists new text begin electronically new text end to the deleted text begin county auditor of the county in which
the precinct is locateddeleted text end new text begin secretary of state, in a format specified by the secretary of state.
The secretary of state must combine the data received from each political party under this
subdivision and must process the data to locate the precinct in which the address provided
for each potential election judge is located. If the data submitted by a political party is
insufficient for the secretary of state to locate the proper precinct, the associated name
must not appear in any list forwarded to an appointing authority under this subdivision.
The secretary of state shall notify political parties of any proposed election judges with
addresses that could not be located in a precinctnew text end .
By June 15, the deleted text begin county auditordeleted text end new text begin secretary of state new text end shall furnish new text begin electronically new text end to the
deleted text begin appointing authoritiesdeleted text end new text begin county auditor new text end a list of the appropriate names for each deleted text begin election
precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted
by the county auditor for each major political partydeleted text end new text begin county, noting the political party
affiliation of each individual on the list. The county auditor must promptly forward the
appropriate names to the appropriate municipal clerknew text end .
Sec. 31.
Minnesota Statutes 2008, section 204B.21, subdivision 2, is amended to read:
Subd. 2.
Appointing authority; powers and duties.
Election judges for precincts
in a municipality shall be appointed by the governing body of the municipality. Election
judges for precincts in unorganized territory and for performing election-related duties
assigned by the county auditor shall be appointed by the county board. Election judges for
a precinct composed of two or more municipalities must be appointed by the governing
body of the municipality or municipalities responsible for appointing election judges as
provided in the agreement to combine for election purposes. Except as otherwise provided
in this section, appointments shall be made from lists furnished pursuant to subdivision 1
subject to the eligibility requirements and other qualifications established or authorized
under section 204B.19. At least two election judges in each precinct must be affiliated with
different major political parties. If no lists have been furnished or if additional election
judges are required after all listed names new text begin in that municipalitynew text end have been exhausted, the
appointing authority may appoint other individuals who meet the qualifications to serve as
an election judge, including persons who are not affiliated with a major political party.
The appointments shall be made at least 25 days before the election at which the election
judges will servenew text begin , except that the appointing authority may pass a resolution authorizing
the appointment of additional election judges within the 25 days before the election if the
appointing authority determines that additional election judges will be requirednew text end .
Sec. 32.
Minnesota Statutes 2008, section 204B.24, is amended to read:
204B.24 ELECTION JUDGES; OATH.
Each election judge shall sign the following oath before assuming the duties of
the office:
"I .......... solemnly swear new text begin (or affirm) new text end that I will perform the duties of election judge
according to law and the best of my ability and will diligently endeavor to prevent fraud,
deceit and abuse in conducting this election. I will perform my duties in a fair and impartial
manner and not attempt to create an advantage for my party or for any candidate."
The oath shall be attached to the summary statement of the election returns of that
precinct. If there is no individual present who is authorized to administer oaths, the
election judges may administer the oath to each other.
Sec. 33.
Minnesota Statutes 2008, section 204B.27, subdivision 2, is amended to read:
Subd. 2.
Election law and instructions.
The secretary of state shall prepare and
publish a volume containing all state general laws relating to elections. The attorney
general shall provide annotations to the secretary of state for this volume. On or before
deleted text begin Julydeleted text end new text begin Augustnew text end 1 of every deleted text begin even-numbereddeleted text end new text begin odd-numberednew text end year the secretary of state shall
furnish to the county auditors and municipal clerks enough copies of this volume so that
each county auditor and municipal clerk will have at least one copy. new text begin On or before July 1
of every even-numbered year, the secretary of state shall prepare and make an electronic
copy available on the office's Web site. new text end The secretary of state may prepare and transmit
to the county auditors and municipal clerks detailed written instructions for complying
with election laws relating to the conduct of elections, conduct of voter registration and
voting procedures.
Sec. 34.
Minnesota Statutes 2008, section 204B.38, is amended to read:
204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS.
When the similarity of surnames of two or more candidates for the same office
at the same election may cause confusion to votersnew text begin because the candidates also have
similar first namesnew text end , up to three additional words may be printed on the ballot after each
surname to indicate the candidate's occupation, office, residence or any combination
of them if the candidate furnishes the identifying words to the filing officer by the last
day for withdrawal of candidacy.
Sec. 35.
Minnesota Statutes 2008, section 204B.44, is amended to read:
204B.44 ERRORS AND OMISSIONS; REMEDY.
new text begin (a) new text end Any individual may file a petition in the manner provided in this section for
the correction of any of the following errors, omissions, or wrongful acts which have
occurred or are about to occur:
deleted text begin (a)deleted text end new text begin (1)new text end an error or omission in the placement or printing of the name or description of
any candidate or any question on any official ballot;
deleted text begin (b)deleted text end new text begin (2)new text end any other error in preparing or printing any official ballot;
deleted text begin (c)deleted text end new text begin (3)new text end failure of the chair or secretary of the proper committee of a major political
party to execute or file a certificate of nomination;new text begin or
new text end
deleted text begin (d)deleted text end new text begin (4)new text end any wrongful act, omission, or error of any election judge, municipal clerk,
county auditor, canvassing board or any of its members, the secretary of state, or any other
individual charged with any duty concerning an election.
new text begin (b) new text end The petition shall describe the error, omission, or wrongful act and the correction
sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in
the case of an election for state or federal office or any judge of the district court in that
county in the case of an election for county, municipal, or school district office. The
petitioner shall serve a copy of the petition on the officer, board or individual charged with
the error, omission, or wrongful act, and on any other party as required by the court. Upon
receipt of the petition the court shall immediately set a time for a hearing on the matter
and order the officer, board or individual charged with the error, omission or wrongful act
to correct the error or wrongful act or perform the duty or show cause for not doing so.
The court shall issue its findings and a final order for appropriate relief as soon as possible
after the hearing. Failure to obey the order is contempt of court.
new text begin
(c) An order issued under this section may not authorize the candidates in an election
to determine whether an absentee ballot envelope was improperly rejected.
new text end
Sec. 36.
Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:
Subd. 2.
Procedure.
Notice of the election and the special mail procedure must be
given at least six weeks prior to the election. Not more than 30 days nor later than 14 days
prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters
registered in the town or unorganized territory. No later than 14 days before the election,
the auditor must make a subsequent mailing of ballots to those voters who register to vote
after the initial mailing but before the 20th day before the election. Eligible voters not
registered at the time the ballots are mailed may apply for ballots as provided in chapter
203B. Ballot return envelopes, with return postage provided, must be preaddressed to the
auditor or clerk and the voter may return the ballot by mail or in person to the office of
the auditor or clerk. The auditor or clerk deleted text begin maydeleted text end new text begin must new text end appoint deleted text begin election judgesdeleted text end new text begin a ballot board
new text end to examine the return envelopes and mark them "accepted" or "rejected" deleted text begin during the 30
days before the election.deleted text end new text begin within three days of receipt if there are 14 or fewer days before
election day, or within five days of receipt if there are more than 14 days before election
day. The board may consist of staff trained as election judges, in which case, the board is
exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party balance in
appointment of judges and to duties to be performed by judges or members of a ballot
board of different major political parties.new text end If an envelope has been rejected at least five days
before the election, the ballots in the envelope must deleted text begin be considered spoiled ballotsdeleted text end new text begin remain
sealed new text end and the auditor or clerk shall provide the voter with a replacement ballot and return
envelope in place of the spoiled ballot. new text begin If the ballot is rejected within five days of the
election, the envelope must remain sealed and the official in charge of the ballot board must
attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot
has been rejected. The official must document the attempts made to contact the voter.
new text end
new text begin
The ballots from return envelopes marked "accepted" must be promptly opened,
duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by
the members of the ballot board, and deposited in the ballot box. These duties must be
performed by two members of the ballot board of different major political parties.
new text end
new text begin
In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.
new text end
new text begin
No vote totals from mail or absentee ballots may be made public before the close
of voting on election day.
new text end
The costs of the mailing shall be paid by the election jurisdiction in which the voter
resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 37.
Minnesota Statutes 2009 Supplement, section 204B.46, is amended to read:
204B.46 MAIL ELECTIONS; QUESTIONS.
A county, municipality, or school district submitting questions to the voters at a
special election may conduct an election by mail with no polling place other than the
office of the auditor or clerk. No offices may be voted on at a mail election. Notice of
the election must be given to the county auditor at least 53 days prior to the election.
This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The
special mail ballot procedures must be posted at least six weeks prior to the election. No
earlier than deleted text begin 20 ordeleted text end new text begin 30 nornew text end later than 14 days prior to the election, the auditor or clerk shall
mail ballots by nonforwardable mail to all voters registered in the county, municipality,
or school district. new text begin No later than 14 days before the election, the auditor or clerk must
make a subsequent mailing of ballots to those voters who register to vote after the initial
mailing but before the 20th day before the election. new text end Eligible voters not registered at the
time the ballots are mailed may apply for ballots pursuant to chapter 203B.new text begin The auditor
or clerk must appoint a ballot board to examine the return envelopes and mark them
"accepted" or "rejected" within three days of receipt if there are 14 or fewer days before
election day, or within five days of receipt if there are more than 14 days before election
day. The board may consist of staff trained as election judges, in which case, the board is
exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party balance in
appointment of judges and to duties to be performed by judges or members of a ballot
board of different major political parties. If an envelope has been rejected at least five
days before the election, the ballots in the envelope must remain sealed and the auditor or
clerk must provide the voter with a replacement ballot and return envelope in place of the
spoiled ballot. If the ballot is rejected within five days of the election, the envelope must
remain sealed and the official in charge of the ballot board must attempt to contact the
voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
The official must document the attempts made to contact the voter.
new text end
new text begin
The ballots from return envelopes marked "accepted" must be promptly opened,
duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed
by the ballot board, and deposited in the appropriate ballot box. These duties must be
performed by two members of the ballot board of different major political parties.
new text end
new text begin
In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.
new text end
new text begin
No vote totals from ballots may be made public before the close of voting on
election day.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 38.
Minnesota Statutes 2008, section 204C.02, is amended to read:
204C.02 APPLICATION.
This chapter applies to all elections held in this state except as otherwise provided
by law.
new text begin
An individual who is unable to write the individual's name must sign election-related
documents in the manner provided by section 645.44, subdivision 14. An individual who
has power of attorney for another person may not sign election-related documents for that
person, except as provided by this section.
new text end
Sec. 39.
Minnesota Statutes 2008, section 204C.04, subdivision 1, is amended to read:
Subdivision 1.
Right to be absent.
Every employee who is eligible to vote in an
election has the right to be absent from work deleted text begin for the purpose of voting during the morning
ofdeleted text end new text begin for the time necessary to appear at the employee's polling place, cast a ballot, and return
to work onnew text end the day of that election, without penalty or deduction from salary or wages
because of the absence. An employer or other person may not directly or indirectly refuse,
abridge, or interfere with this right or any other election right of an employee.
Sec. 40.
Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read:
Subdivision 1.
Lingering near polling place.
An individual shall be allowed to go
to and from the polling place for the purpose of voting without unlawful interference. No
one except an election official or an individual who is waiting to register or to vote new text begin or a
representative of the press who is conducting exit polling new text end shall stand within 100 feet of
the building in which a polling place is located. new text begin "Exit polling" is defined as approaching
voters in a predetermined pattern as they leave the polling place after they have voted and
asking voters to fill out an anonymous questionnaire.
new text end
Sec. 41.
Minnesota Statutes 2008, section 204C.08, is amended to read:
204C.08 OPENING OF POLLING PLACES.
Subdivision 1.
new text begin Arrival; ballots. new text end
new text begin
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 ballots used with the sample ballots, electronic ballot displays,
and audio ballot reader furnished to see that the names, numbers, and letters on both agree
and shall certify to that fact on forms provided for that purpose. The certification must
be filed with the election returns.
new text end
new text begin Subd. 1a. new text end
Display of flag.
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.
Subd. deleted text begin 1a.deleted text end new text begin 1b.new text end
Voter's Bill of Rights.
The county auditor shall prepare and provide
to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as
set forth in this section. Before the hours of voting are scheduled to begin, the election
judges shall post it in a conspicuous location or locations in the polling place. The Voter's
Bill of Rights is as follows:
"VOTER'S BILL OF RIGHTS
For all persons residing in this state who meet federal voting eligibility requirements:
(1) You have the right to be absent from work for the purpose of voting deleted text begin during the
morning ofdeleted text end new text begin without reduction to your pay, personal leave, or vacation time on new text end election day.
(2) If you are in line at your polling place any time deleted text begin between 7:00 a.m. anddeleted text end new text begin beforenew text end
8:00 p.m., you have the right to vote.
(3) If you can provide the required proof of residence, you have the right to register
to vote and to vote on election day.
(4) If you are unable to sign your name, you have the right to orally confirm your
identity with an election judge and to direct another person to sign your name for you.
(5) You have the right to request special assistance when voting.
(6) If you need assistance, you may be accompanied into the voting booth by a
person of your choice, except by an agent of your employer or union or a candidate.
(7) You have the right to bring your minor children into the polling place and into
the voting booth with you.
(8) If you have been convicted of a felony but your felony sentence has expired (been
completed) or you have been discharged from your sentence, you have the right to vote.
(9) If you are under a guardianship, you have the right to vote, unless the court
order revokes your right to vote.
(10) You have the right to vote without anyone in the polling place trying to
influence your vote.
(11) If you make a mistake or spoil your ballot before it is submitted, you have the
right to receive a replacement ballot and vote.
(12) You have the right to file a written complaint at your polling place if you are
dissatisfied with the way an election is being run.
(13) You have the right to take a sample ballot into the voting booth with you.
(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
booth with you."
Subd. 2.
Posting of voting instructions.
Before the hours for voting are scheduled
to begin, the election judges shall post any official voter instruction posters furnished to
them in a conspicuous location or locations in the polling place.
Subd. 2a.
Sample ballots.
deleted text begin Adeleted text end new text begin At least twonew text end sample deleted text begin ballotdeleted text end new text begin ballotsnew text end must be posted in a
conspicuous location in the polling placenew text begin and must remain open to inspection by the voters
throughout election daynew text end . The sample deleted text begin ballotdeleted text end new text begin ballotsnew text end must accurately reflect the offices,
candidates, and rotation sequence on the ballots used in that polling place.new text begin The sample
ballots may be either in full or reduced size.
new text end
Subd. 3.
Locking of ballot deleted text begin boxesdeleted text end new text begin boxnew text end .
Immediately before the time when voting
is scheduled to begin, one of the election judges shall open the ballot deleted text begin boxesdeleted text end new text begin boxnew text end in the
presence of the individuals assembled at the polling place, deleted text begin turn the boxes upside down todeleted text end new text begin
demonstrate that it isnew text end empty deleted text begin themdeleted text end , lock deleted text begin themdeleted text end new text begin itnew text end , and deliver the key to another election
judge. new text begin Except as provided by this subdivision, new text end the deleted text begin boxesdeleted text end new text begin boxnew text end shall not be reopened
deleted text begin except to count the ballotsdeleted text end new text begin untilnew text end after the hours for voting have ended and all voting has
been concluded. The deleted text begin boxesdeleted text end new text begin boxnew text end shall be kept in public view at all times during voting
hours. After locking the ballot deleted text begin boxesdeleted text end new text begin boxnew text end , the election judges shall proclaim that voting
may begin, and shall post outside the polling place conspicuous written or printed notices
of the time when voting is scheduled to end.
new text begin
Two election judges of different major political parties may open the ballot box as
needed to straighten the ballots or remove voted ballots to prevent the box from becoming
full. The election judges shall not count or inspect the ballots.
new text end
new text begin
If the election judges remove any ballots from the box, the election judges shall put
the ballots into containers and seal them. The judges shall put any ballots taken from the
ballot box's write-in compartment into containers separate from the other ballots and seal
them. The judges shall label the ballot containers and secure them.
new text end
new text begin
The judges shall note on the incident report that the ballot box was opened, the time
the box was opened, and, if any ballots were removed, the number of any seals used to
seal the ballot containers.
new text end
Subd. 4.
Ballot deleted text begin boxes,deleted text end new text begin boxnew text end boxcar seals.
The governing body of a municipality or
school district by resolution may direct the municipal or school district clerk to furnish
a boxcar seal for each ballot box in place of a lock and key. Each seal shall consist of a
numbered deleted text begin metaldeleted text end strap with a self-locking device securely attached to one end of the strap
so that the other end may be inserted and securely locked in the seal. No two deleted text begin metaldeleted text end straps
shall bear the same number.
new text begin EFFECTIVE DATE. new text end
new text begin
The amendment to subdivision 1b is effective for the state
primary in 2010 and thereafter.
new text end
Sec. 42.
Minnesota Statutes 2008, section 204C.10, is amended to read:
204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.
(a) An individual seeking to vote shall sign a polling place roster deleted text begin which states
that the individual is at least 18 years of age, a citizen of the United States, has resided
in Minnesota for 20 days immediately preceding the election, maintains residence at
the address shown, is not under a guardianship in which the court order revokes the
individual's right to vote, has not been found by a court of law to be legally incompetent
to vote or has the right to vote because, if the individual was convicted of a felony, the
felony sentence has expired or been completed or the individual has been discharged from
the sentence, is registered and has not already voted in the election. The roster must also
state: "deleted text end new text begin . The polling place roster must state: "I certify that I have not already voted in
this election. I certify that I am at least 18 years of age and a citizen of the United States;
that I reside at the address shown and have resided in Minnesota for 20 days immediately
preceding this election; that I am not under guardianship of the person in which the court
order revokes my right to vote, have not been found by a court to be legally incompetent
to vote, and that if convicted of a felony, my felony sentence has expired (been completed)
or I have been discharged from my sentence; and that I am registered and will be voting
only in this precinct. new text end I understand that deliberately providing false information is a felony
punishable by not more than five years imprisonment and a fine of not more than $10,000,
or both."new text begin The words "I have not already voted in this election" and "I understand that
deliberately providing false information is a felony" must be in bold type.
new text end
(b) A judge may, before the applicant signs the roster, confirm the applicant's name,
address, and date of birth.new text begin If the ballot board has not marked the roster in accordance with
section 203B.121, the election judge must review the supplemental list of those who have
already voted to ensure that the voter's name is not on the list. If a voter's name is on the
list, the voter must not be allowed to sign the roster or to vote on election day.
new text end
(c) After the applicant signs the roster, the judge shall give the applicant a voter's
receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
voters' receipts must be maintained during the time for notice of filing an election contest.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 43.
Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read:
Subd. 2.
Voting booths.
One of the election judges shall explain to the voter the
proper method of marking and folding the ballots and, during a primary election, the effect
of attempting to vote in more than one party's primary. Except as otherwise provided in
section 204C.15, the voter shall retire alone to an unoccupied voting booth deleted text begin anddeleted text end new text begin or, at the
voter's discretion, the voter may choose to use another writing surface. The voter shall
new text end mark the ballots without undue delay. The voter may take sample ballots into the booth to
assist in voting. The election judges may adopt and enforce reasonable rules governing the
amount of time a voter may spend in the voting booth marking ballots.
Sec. 44.
Minnesota Statutes 2008, section 204C.13, subdivision 6, is amended to read:
Subd. 6.
Challenge of voter; time limits; disposition of ballots.
At any time
before the ballots of any voter are deposited in the ballot boxes, the election judges or any
individual who was not present at the time the voter procured the ballots, but not otherwise,
may challenge the eligibility of that voter deleted text begin and the deposit of any received absentee ballots
in the ballot boxesdeleted text end . The election judges shall determine the eligibility of any voter who is
present in the polling place in the manner provided in section 204C.12, and if the voter is
found to be not eligible to vote, shall place the ballots of that voter unopened among the
spoiled ballots. deleted text begin The election judges shall determine whether to receive or reject the ballots
of an absent voter and whether to deposit received absentee ballots in the ballot boxes in
the manner provided in sections 203B.12, 203B.24, and 203B.25, and shall dispose of any
absentee ballots not received or deposited in the manner provided in section 203B.12.deleted text end A
violation of this subdivision by an election judge is a gross misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 45.
Minnesota Statutes 2008, section 204C.17, is amended to read:
204C.17 VOTING; SECRECY.
Except as authorized by section 204C.15, a voter shall not reveal to anyone in the
polling place the name of any candidate for whom the voter intends to vote or has voted. A
voter shall not ask for or receive assistance in the marking of a ballot from anyone within
the polling place except as authorized by section 204C.15. If a voter, after marking a ballot,
shows it to anyone except as authorized by law new text begin or takes a picture of the voter's ballotnew text end , the
election judges shall refuse to deposit the ballot in any ballot box and shall place it among
the spoiled ballots. Unless the showing of the ballot was clearly intentional, the voter shall
receive another ballot as provided in section 204C.13, subdivision 3, deleted text begin clausedeleted text end new text begin paragraphnew text end (d).
Sec. 46.
Minnesota Statutes 2008, section 204C.27, is amended to read:
204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
new text begin Subdivision 1. new text end
new text begin Election supplies. new text end
One or more of the election judges in each
precinct shall deliver two sets of summary statements; all spoiled white, pink, canary, and
gray ballots; and the envelopes containing the white, pink, canary, and gray ballots either
directly to the municipal clerk for transmittal to the county auditor's office or directly to
the county auditor's office as soon as possible after the vote counting is completed but
no later than 24 hours after the end of the hours for voting. One or more election judges
shall deliver the remaining set of summary statements and returns, all unused and spoiled
municipal and school district ballots, the envelopes containing municipal and school
district ballots, and all other things furnished by the municipal or school district clerk, to
the municipal or school district clerk's office within 24 hours after the end of the hours
for voting. The municipal or school district clerk shall return all polling place rosters and
completed voter registration cards to the county auditor within 48 hours after the end
of the hours for voting.
new text begin Subd. 2. new text end
new text begin Rejected absentee ballots. new text end
new text begin
All absentee ballots that were rejected and
their accompanying absentee ballot applications must be delivered to the county auditor
within 48 hours after the end of the hours for voting.
new text end
Sec. 47.
Minnesota Statutes 2008, section 204C.30, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin Review of rejected absentee ballots. new text end
new text begin
Prior to the meeting of the county
canvassing board to canvass the results of the state general election, the county auditor
must review any absentee ballots that were marked rejected to determine whether any
were rejected in error. If the county canvassing board agrees that any ballots were rejected
in error, the board must publicly open the return and ballot envelopes and initial and
count the ballots to include the votes in all races in the results canvassed by the board.
The county canvassing board must protect the privacy of voters' choices to the extent
practicable. Except as provided in this subdivision, a rejected absentee ballot may not be
reviewed outside of an election contest under chapter 209.
new text end
Sec. 48.
Minnesota Statutes 2008, section 204C.30, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin Election results reporting; state primary and general elections. new text end
new text begin
For
state primary and general elections, the county auditor shall enter the votes in each
precinct for the questions and offices voted on into the election results reporting system
provided by the secretary of state.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the election reporting system has been tested, shown to properly allow for
the entry of candidate names and for election results to be uploaded, and shown to be
able to handle the expected volume of use.
new text end
Sec. 49.
Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
Subdivision 1.
County canvass.
The county canvassing board shall meet at the
county auditor's office deleted text begin on or before the seventh daydeleted text end new text begin between the third and tenth daysnew text end
following the state general election. After taking the oath of office, the board shall
promptly and publicly canvass the general election returns delivered to the county auditor.
Upon completion of the canvass, the board shall promptly prepare and file with the county
auditor a report which states:
(a) the number of individuals voting at the election in the county and in each precinct;
(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;
(c) the names of the candidates for each office and the number of votes received
by each candidate in the county and in each precinctdeleted text begin , including write-in candidates for
state and federal office who have requested under section 204B.09 that votes for those
candidates be tallieddeleted text end ;
(d) the number of votes counted for and against a proposed change of county lines
or county seat; and
(e) the number of votes counted for and against a constitutional amendment or other
question in the county and in each precinct.
The result of write-in votes cast on the general election ballots must be compiled by
the county auditor before the county canvass, except that write-in votes for a candidate for
new text begin federal, new text end statenew text begin ,new text end or deleted text begin federaldeleted text end new text begin countynew text end office must not be counted unless the candidate has timely
filed a request under section 204B.09, subdivision 3. The county auditor shall arrange
for each municipality to provide an adequate number of election judges to perform this
duty or the county auditor may appoint additional election judges for this purpose. The
county auditor may open the envelopes or containers in which the voted ballots have been
sealed in order to count and record the write-in votes and must reseal the voted ballots at
the conclusion of this process. new text begin The county auditor must prepare a separate report of votes
received by precinct for write-in candidates for federal, state, and county offices who have
requested under section 204B.09 that votes for those candidates be tallied.
new text end
Upon completion of the canvass, the county canvassing board shall declare the
candidate duly elected who received the highest number of votes for each county and state
office voted for only within the county. The county auditor shall transmit deleted text begin one of thedeleted text end new text begin anew text end
certified deleted text begin copiesdeleted text end new text begin copynew text end of the county canvassing board report for state and federal offices to
the secretary of state by new text begin messenger, new text end express mailnew text begin ,new text end or similar service immediately upon
conclusion of the county canvass.
Sec. 50.
Minnesota Statutes 2008, section 204C.33, subdivision 3, is amended to read:
Subd. 3.
State canvass.
The State Canvassing Board shall meet at the secretary of
state's office on the deleted text begin seconddeleted text end new text begin third new text end Tuesday following the state general election to canvass
the certified copies of the county canvassing board reports received from the county
auditors and shall prepare a report that states:
(a) the number of individuals voting in the state and in each county;
(b) the number of votes received by each of the candidates, specifying the counties
in which they were cast; and
(c) the number of votes counted for and against each constitutional amendment,
specifying the counties in which they were cast.
All members of the State Canvassing Board shall sign the report and certify its
correctness. The State Canvassing Board shall declare the result within three days after
completing the canvass.
Sec. 51.
Minnesota Statutes 2008, section 204C.37, is amended to read:
204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
STATE.
deleted text begin Two copiesdeleted text end new text begin A copynew text end of the deleted text begin reportsdeleted text end new text begin reportnew text end required by sections 204C.32, subdivision
1, and 204C.33, subdivision 1, shall be certified under the official seal of the county
auditor. deleted text begin Eachdeleted text end new text begin Thenew text end copy shall be enclosed in an envelope addressed to the secretary
of state, with the county auditor's name and official address and the words "Election
Returns" endorsed on the envelope. The copy of the canvassing board report deleted text begin not sent by
express maildeleted text end and the precinct summary statements must be deleted text begin maileddeleted text end new text begin sent by express mailnew text end
or delivered to the secretary of state. If deleted text begin neitherdeleted text end new text begin thenew text end copy is new text begin not new text end received by the secretary
of state within ten days following the applicable election, the secretary of state shall
immediately notify the county auditor, who shall deliver another copy to the secretary of
state by special messenger.
Sec. 52.
Minnesota Statutes 2008, section 204D.04, subdivision 2, is amended to read:
Subd. 2.
Instructions to printer; printer's bond.
(a) The official charged with
the preparation and distribution of the ballots shall prepare instructions to the printer for
rotation of the names of candidates and for layout of the ballot.
(b) Except as provided in paragraph (c), the instructions shall be approved by the
legal advisor of the official before delivery to the printer.
(c) The legal advisor of a town official is not required to approve instructions
regarding the rotation of the names of candidates on the ballot or the layout of the ballot.
(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer
shall furnishnew text begin , if requested by the official,new text end a sufficient bond, letter of credit, or certified
check, acceptable to the official responsible for printing the ballots, conditioned on
printing the ballots in conformity with the Minnesota Election Law and the instructions
delivered. The official responsible for printing the ballots shall set the amount of the bond,
letter of credit, or certified check in an amount equal to the value of the purchase.
Sec. 53.
Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read:
Subd. 2.
Sample ballot.
At least two weeks before the state primary the county
auditor shall prepare a sample state partisan primary ballot and a sample state and county
nonpartisan primary ballot for public inspection. The names of all of the candidates to
be voted for in the county shall be placed on the sample ballots, with the names of the
candidates for each office arranged deleted text begin alphabetically according to the surnamedeleted text end new text begin in the base
rotation as determined by section 206.61, subdivision 5new text end . Only one sample state partisan
primary ballot and one sample state and county nonpartisan ballot shall be prepared for
any county. The county auditor shall post the sample ballots in a conspicuous place in the
auditor's office and shall cause them to be published at least one week before the state
primary in at least one newspaper of general circulation in the county.
Sec. 54.
Minnesota Statutes 2008, section 205.075, subdivision 1, is amended to read:
Subdivision 1.
Date of election.
The general election in a town must be held on the
second Tuesday in March, except as provided in subdivision 2new text begin or when moved for bad
weather as provided in section 365.51, subdivision 1new text end .
Sec. 55.
Minnesota Statutes 2008, section 205.075, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Return to March election. new text end
new text begin
The town board of a town that has adopted
the alternative November election date under subdivision 2 may, after having conducted
at least two elections on the alternative date, adopt a resolution designating the second
Tuesday in March as the date of the town general election. The resolution must be
adopted by a unanimous vote of the town supervisors and must include a plan to shorten
or lengthen the terms of office to provide an orderly transition to the March election
schedule. The resolution becomes effective upon an affirmative vote of the electors at
the next town general election.
new text end
Sec. 56.
Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to read:
Subdivision 1.
Affidavit of candidacy.
An individual who is eligible and desires to
become a candidate for an office to be voted for at the municipal general election shall file
an affidavit of candidacy with the municipal clerk. new text begin Candidates for a special election to
fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit
of candidacy for the specific office to fill the unexpired portion of the term. new text end Subject to
the approval of the county auditor, the town clerk may authorize candidates for township
offices to file affidavits of candidacy with the county auditor. The affidavit shall be in
substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk
shall also accept an application signed by not less than five voters and filed on behalf of an
eligible voter in the municipality whom they desire to be a candidate, if service of a copy
of the application has been made on the candidate and proof of service is endorsed on the
application being filed. Upon receipt of the proper filing fee, the clerk shall place the name
of the candidate on the official ballot without partisan designation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 57.
Minnesota Statutes 2008, section 205.13, subdivision 1a, is amended to read:
Subd. 1a.
Filing period.
In deleted text begin municipalitiesdeleted text end new text begin a citynew text end nominating candidates at a
deleted text begin municipaldeleted text end primary, an affidavit of candidacy for a city office deleted text begin or town officedeleted text end voted on in
Novembernew text begin of an even-numbered yearnew text end must be filed not more than deleted text begin 70deleted text end new text begin 84new text end days nor less than
deleted text begin 56deleted text end new text begin 70new text end days before the deleted text begin first Tuesday after the second Monday in September preceding the
municipal general electiondeleted text end new text begin city primary and an affidavit of candidacy for an office voted
on in November of an odd-numbered year must be filed not more than 70 days nor less
than 56 days before the city primarynew text end . In deleted text begin all otherdeleted text end municipalities new text begin that do not hold a primarynew text end ,
an affidavit of candidacy must be filed not more than 70 days and not less than 56 days
before the municipal general election new text begin held in March in any year or in November in an
odd-numbered year, or a special election not held in conjunction with another election,
and no more than 84 days and no less than 70 days before the municipal general election
held in November in an even-numbered yearnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 58.
Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to read:
Subd. 2.
Notice of filing dates.
At least two weeks before the first day to file
affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last
dates on which affidavits of candidacy may be filed in the clerk's office and the closing
time for filing on the last day for filing. The clerk shall post a similar notice at least ten
days before the first day to file affidavits of candidacy.new text begin The notice must separately list
any office for which affidavits of candidacy may be filed to fill the unexpired portion
of a term when a special election is being held to fill a vacancy as provided in section
412.02, subdivision 2a.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 59.
Minnesota Statutes 2008, section 205.16, subdivision 2, is amended to read:
Subd. 2.
Sample ballot, publication.
For every municipal election, the municipal
clerk shall, at least deleted text begin one weekdeleted text end new text begin two weeksnew text end before the election, publish a sample ballot in the
official newspaper of the municipality, except that the governing body of a fourth class
city or a town not located within a metropolitan county as defined in section 473.121
may dispense with publication.
Sec. 60.
Minnesota Statutes 2008, section 205.16, subdivision 3, is amended to read:
Subd. 3.
Sample ballot, posting.
For every municipal election, the municipal
clerk shall at least deleted text begin four daysdeleted text end new text begin two weeksnew text end before the election deleted text begin postdeleted text end new text begin preparenew text end a sample ballot
new text begin for the municipality, make them available for public inspection new text end in the clerk's office deleted text begin for
public inspectiondeleted text end , and post a sample ballot in each polling place on election day.
Sec. 61.
Minnesota Statutes 2008, section 205.185, subdivision 3, is amended to read:
Subd. 3.
Canvass of returns, certificate of election, ballots, disposition.
(a)
deleted text begin Within sevendeleted text end new text begin Between 11 and 17 new text end days after deleted text begin an election,deleted text end new text begin a state general election, and within
17 days after any other election,new text end the governing body of a city conducting any election
including a special municipal election, or the governing body of a town conducting the
general election in November shall act as the canvassing board, canvass the returns, and
declare the results of the election. The governing body of a town conducting the general
election in March shall act as the canvassing board, canvass the returns, and declare the
results of the election within two days after an election.
(b) After the time for contesting elections has passed, the municipal clerk shall issue a
certificate of election to each successful candidate. In case of a contest, the certificate shall
not be issued until the outcome of the contest has been determined by the proper court.
(c) In case of a tie vote, the canvassing board having jurisdiction over the
municipality shall determine the result by lot. The clerk of the canvassing board shall
certify the results of the election to the county auditor, and the clerk shall be the final
custodian of the ballots and the returns of the election.
Sec. 62.
Minnesota Statutes 2008, section 205.185, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Review of rejected absentee ballots. new text end
new text begin
Before an election not held
in conjunction with a state election, a clerk may arrange to have a certified election
administrator from a county or another city review all ballots that were marked rejected to
determine whether any were rejected in error. These arrangements must be made at least
seven days before the date of the election. If no arrangements are made, rejected absentee
ballots must not be reviewed outside of an election contest under chapter 209. If the
certified election administrator determines that any were rejected in error, the canvassing
board must publicly open the return and ballot envelopes and initial and count the ballots
to include the votes in all races in the results canvassed by the board. The canvassing board
must protect the privacy of the voters' choices to the extent practicable. If the number of
rejected absentee ballots could not possibly change the outcome in any of the elections or
questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.
new text end
Sec. 63.
Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:
Subdivision 1.
Resolution requiring primary in certain circumstances.
The
school board of a school district may, by resolution adopted by June 1 of any year, decide
to choose nominees for school board by a primary as provided in this section. The
resolution, when adopted, is effective for all ensuing elections of board members in that
school district until it is revoked. If the board decides to choose nominees by primary
and if there are more than two candidates for a specified school board position or more
than twice as many school board candidates as there are at-large school board positions
available, the school district must hold a primary. new text begin When a number equal to or less than
twice the number of individuals to be elected to a school board office file for nomination
for the office, the names of the candidates shall be placed on the general election ballot.
new text end
Sec. 64.
new text begin
[205A.045] SCHOOL DISTRICT TRANSITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Odd year to even. new text end
new text begin
(a) The governing body of a school district
may change from an odd-numbered year election to an even-numbered year election by
adopting a resolution that contains an orderly plan for the transition. The resolution may
include a onetime, one-year extension of the term of each board member.
new text end
new text begin
(b) The governing body of the school district must adopt the resolution permitted by
paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for
the election at which the change will take effect.
new text end
new text begin Subd. 2. new text end
new text begin Even year to odd. new text end
new text begin
(a) The governing body of a school district may change
from an even-numbered year election to an odd-numbered year election by adopting a
resolution that contains an orderly plan for the transition. The resolution may include a
onetime, one-year extension of the term of each board member.
new text end
new text begin
(b) The governing body of the school district must adopt the resolution permitted by
paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for
the election at which the change will take effect.
new text end
Sec. 65.
Minnesota Statutes 2008, section 205A.05, subdivision 2, is amended to read:
Subd. 2.
Vacancies in school district offices.
Special elections shall be held in
school districts in conjunction with school district primary and general elections to fill
vacancies in elective school district offices.new text begin When filling multiple at-large vacancies at the
same election, the candidates shall file for the multiple seats of the same office, voters will
be instructed to "Vote for up to..." and the candidates receiving the most votes up to the
number to be elected will be elected to fill the vacancies.
new text end
Sec. 66.
new text begin
[205A.075] ELECTION RESULTS 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 results reporting system provided by the
secretary of state no later than 46 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 county auditor and school district clerk may mutually
decide to use the election reporting system for the election. If so, the county auditor must
notify the secretary of state of intent to use the election reporting system at least 90 days
before the election. The 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 results
reporting system no later than 46 days prior to the election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end
Sec. 67.
new text begin
[205A.076] ELECTION RESULTS REPORTING SYSTEM; PRECINCT
VOTES.
new text end
new text begin
For regularly scheduled school district elections held in an even-numbered year, the
county auditor shall enter the votes in each precinct for the questions and offices voted
on in the school district election into the election results reporting system provided by
the secretary of state.
new text end
new text begin
If a county auditor has notified the secretary of state under section 205A.075,
subdivision 2, of intent to use the election results reporting system for a school district
election, the county auditor must enter the votes in each precinct for the offices and
questions voted on in the school district into the election results reporting system.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end
Sec. 68.
Minnesota Statutes 2008, section 205A.10, subdivision 2, is amended to read:
Subd. 2.
Election, conduct.
A school district election must be by secret ballot and
must be held and the returns made in the manner provided for the state general election, as
far as practicable. The vote totals from deleted text begin an absenteedeleted text end new text begin anew text end ballot board established pursuant
to section deleted text begin 203B.13deleted text end new text begin 203B.121new text end may be tabulated and reported by the school district as a
whole rather than by precinct. For school district elections not held in conjunction with a
statewide election, the school board shall appoint election judges as provided in section
204B.21, subdivision 2. The provisions of sections 204B.19, subdivision 5; 204B.21,
subdivision 2; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
balance in appointment of judges and to duties to be performed by judges of different
major political parties do not apply to school district elections not held in conjunction
with a statewide election.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 69.
Minnesota Statutes 2008, section 205A.10, subdivision 3, is amended to read:
Subd. 3.
Canvass of returns, certificate of election, ballots, disposition.
deleted text begin Within
sevendeleted text end new text begin Between 11 and 17 new text end days after a school district electionnew text begin held concurrently with a
state general election, and within seven days after a school district election held on any
other date,new text end other than a recount of a special election conducted under section 126C.17,
subdivision 9, or 475.59, the school board shall canvass the returns and declare the
results of the election. After the time for contesting elections has passed, the school
district clerk shall issue a certificate of election to each successful candidate. If there is a
contest, the certificate of election to that office must not be issued until the outcome of the
contest has been determined by the proper court. If there is a tie vote, the school board
shall determine the result by lot. The clerk shall deliver the certificate of election to the
successful candidate by personal service or certified mail. The successful candidate shall
file an acceptance and oath of office in writing with the clerk within 30 days of the date
of mailing or personal service. A person who fails to qualify prior to the time specified
shall be deemed to have refused to serve, but that filing may be made at any time before
action to fill the vacancy has been taken. The school district clerk shall certify the results
of the election to the county auditor, and the clerk shall be the final custodian of the ballots
and the returns of the election.
A school district canvassing board shall perform the duties of the school board
according to the requirements of this subdivision for a recount of a special election
conducted under section 126C.17, subdivision 9, or 475.59.
Sec. 70.
Minnesota Statutes 2008, section 205A.10, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Review of rejected absentee ballots. new text end
new text begin
Prior to an election not held
in conjunction with a state election, a clerk may arrange to have a certified election
administrator from a county or another city review all ballots that were marked rejected to
determine whether any were rejected in error. These arrangements must be made at least
seven days before the date of the election. If no arrangements are made, rejected absentee
ballots must not be reviewed outside of an election contest under chapter 209. If the
certified election administrator determines that any were rejected in error, the canvassing
board must publicly open the return and ballot envelopes and initial and count the ballots
to include the votes in all races in the results canvassed by the board. The canvassing board
must protect the privacy of the voters' choices to the extent practicable. If the number of
rejected absentee ballots could not possibly change the outcome in any of the elections or
questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.
new text end
Sec. 71.
Minnesota Statutes 2008, section 206.57, subdivision 6, is amended to read:
Subd. 6.
Required certification.
In addition to the requirements in subdivision
1, a voting system must be certified by an independent testing authority deleted text begin approveddeleted text end new text begin
accreditednew text end by the deleted text begin secretary of state and conform to current standards for voting equipmentdeleted text end new text begin
Election Assistance Commission at the time of submission of the application required by
subdivision 1 to be in conformity with voluntary voting system guidelinesnew text end issued by
the deleted text begin Federal Election Commission or its successor, thedeleted text end Election Assistance Commission.
new text begin The application must be accompanied by the certification report of the voting systems
test laboratory. A certification under this section from an independent testing authority
accredited by the Election Assistance Commission meets the requirement of Minnesota
Rules, part 8220.0350, item L.new text end new text begin A vendor must provide a copy of the source code for the
voting system to the secretary of state. A chair of a major political party or the secretary of
state may select, in consultation with the vendor, an independent third-party evaluator to
examine the source code to ensure that it functions as represented by the vendor and that
the code is free from defects. A major political party that elects to have the source code
examined must pay for the examination. Except as provided by this subdivision, a source
code that is trade secret information must be treated as nonpublic information, according
to section 13.37. A third-party evaluator must not disclose the source code to anyone else.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 72.
Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read:
Subd. 2.
Selection for review; notice.
At the canvass of the state primary, the
county canvassing board in each county must set the date, time, and place for the
postelection review of the state general election to be held under this section.
At the canvass of the state general election, the county canvassing boards must select
the precincts to be reviewed by lot. new text begin Ballots counted centrally by a ballot board shall be
considered one precinct eligible to be selected for purposes of this subdivision. new text end The county
canvassing board of a county with fewer than 50,000 registered voters must conduct a
postelection review of a total of at least two precincts. The county canvassing board of a
county with between 50,000 and 100,000 registered voters must conduct a review of a total
of at least three precincts. The county canvassing board of a county with over 100,000
registered voters must conduct a review of a total of at least four precincts, or three percent
of the total number of precincts in the county, whichever is greater. At least one precinct
selected in each county must have had more than 150 votes cast at the general election.
The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will be
conducted, as soon as the decisions are made. If the selection of precincts has not resulted
in the selection of at least four precincts in each congressional district, the secretary of state
may require counties to select by lot additional precincts to meet the congressional district
requirement. The secretary of state must post this information on the office Web site.
Sec. 73.
Minnesota Statutes 2008, section 208.05, is amended to read:
208.05 STATE CANVASSING BOARD.
The State Canvassing Board at its meeting on the deleted text begin second Tuesday after each state
general electiondeleted text end new text begin date provided in section 204C.33new text end shall open and canvass the returns
made to the secretary of state for presidential electors and alternates, 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
or alternates 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. 74.
Minnesota Statutes 2008, section 367.03, subdivision 4, is amended to read:
Subd. 4.
Officers; November election.
new text begin Except as provided in subdivision 4a,
new text end supervisors and other town officers in towns that hold the town general election in
November shall be elected for terms of four years commencing on the first Monday in
January and until their successors are elected and qualified. The clerk and treasurer shall
be elected in alternate years.
Sec. 75.
Minnesota Statutes 2008, section 367.03, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Optional six-year terms. new text end
new text begin
The resolution required under section 205.075,
subdivision 2, to adopt the alternative November date for town general elections may
include the proposal and corresponding transition plan to provide for a six-year term for
town supervisors. A town that has adopted the alternative November date for general town
elections using the four-year terms provided under subdivision 4 may adopt a resolution
establishing six-year terms for supervisors as provided under this subdivision. The
resolution must include a plan to provide an orderly transition to six-year terms. The
resolution adopting the six-year term for town supervisors may be proposed by the town
board or by a resolution of the electors adopted at the annual town meeting and is effective
upon an affirmative vote of the electors at the next town general election.
new text end
Sec. 76. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 203B.04, subdivision 5; 203B.10; 203B.12,
subdivisions 1, 2, 3, 4, 6, and 7; 203B.13, subdivisions 1, 2, 3, and 4; and 203B.25,
new text end
new text begin
are
repealed upon certification by the secretary of state that the statewide voter registration
system has been tested, shown to properly allow municipal clerks to update absentee
voting records, and to be able to handle the expected volume of use consistent with the
changes to absentee ballot processing procedures enacted in this act.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2008, sections 201.096; and 206.805, subdivision 2,
new text end
new text begin
are
repealed.
new text end