Minnesota Legislature
HF 2684
3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - 3rd Engrossment
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 the general legislative and administrative expenses of 1.4 state government; modifying provisions related to 1.5 state government operations; establishing the Fair 1.6 Campaign Reform Act; modifying fair campaign 1.7 practices; modifying teachers retirement provisions; 1.8 providing for acquisition and use of certain voting 1.9 systems; conforming with the federal Help America Vote 1.10 Act; making certain changes in election 1.11 administration; changing certain election dates, 1.12 procedures, and requirements; amending Minnesota 1.13 Statutes 2002, sections 3.23; 3.98, subdivision 3; 1.14 5.08; 10A.02, subdivisions 1, 2, 3, 7, 11, 12; 10A.31, 1.15 subdivision 4; 11A.24, subdivision 6; 13.635, by 1.16 adding a subdivision; 15.0597, subdivisions 2, 3, 4, 1.17 5, 6, 7; 15.0599, subdivision 4; 15.16, subdivision 5; 1.18 16A.102, subdivision 2, by adding a subdivision; 1.19 16A.103, subdivision 1a; 16A.53, subdivision 1, by 1.20 adding subdivisions; 16A.531, by adding a subdivision; 1.21 16A.641, subdivision 2; 16B.24, subdivision 3; 16B.31, 1.22 subdivision 3; 16B.55, subdivision 3; 85A.02, 1.23 subdivision 5a; 115A.557, subdivision 4; 116O.071, 1.24 subdivision 3; 116P.08, subdivision 3; 123B.02, by 1.25 adding a subdivision; 126C.17, subdivision 11; 1.26 144.701, subdivision 4; 193.29, subdivision 3; 193.30; 1.27 193.31; 200.02, subdivision 20; 201.021; 201.022; 1.28 201.061, subdivisions 1, 3, by adding subdivisions; 1.29 201.071, subdivisions 1, 3, by adding subdivisions; 1.30 201.081; 201.091, subdivisions 1, 4, 5, by adding a 1.31 subdivision; 201.096; 201.11; 201.121, subdivision 1, 1.32 by adding a subdivision; 201.13, subdivision 1; 1.33 201.14; 201.15, as amended; 201.155; 201.161; 1.34 201.1611, subdivision 1; 201.171; 201.211; 201.221, 1.35 subdivisions 2, 3; 201.275; 202A.14, subdivision 3; 1.36 203B.02, by adding a subdivision; 203B.04, 1.37 subdivisions 1, 4, 5, by adding a subdivision; 1.38 203B.06, subdivisions 4, 7; 203B.07; 203B.08, 1.39 subdivision 3; 203B.085; 203B.11, subdivision 1; 1.40 203B.12, subdivision 2; 203B.125; 203B.16, by adding a 1.41 subdivision; 203B.17; 203B.19; 203B.20; 203B.21, 1.42 subdivision 3; 203B.22; 203B.24; 203B.26; 204B.06, 1.43 subdivision 1; 204B.07, subdivision 2; 204B.09, 1.44 subdivisions 1, 3; 204B.14, subdivision 2; 204B.16, 1.45 subdivisions 3, 5; 204B.18; 204B.19, subdivisions 1, 1.46 6; 204B.22, by adding a subdivision; 204B.25, 2.1 subdivision 3; 204B.27, subdivision 3; 204B.36, 2.2 subdivision 4; 204B.41; 204B.45, subdivision 2; 2.3 204B.47; 204C.05, by adding a subdivision; 204C.06, 2.4 subdivision 2, by adding a subdivision; 204C.10; 2.5 204C.12, subdivision 4; 204C.13, by adding a 2.6 subdivision; 204C.20, subdivision 2; 204C.24, 2.7 subdivision 1; 204C.28, subdivision 1; 204C.33, 2.8 subdivision 1; 204C.35, by adding a subdivision; 2.9 204C.36, subdivisions 1, 3, by adding a subdivision; 2.10 204C.361; 204D.06; 204D.14, by adding a subdivision; 2.11 204D.23, subdivision 4; 204D.27, subdivision 11; 2.12 205.02, subdivision 1; 205.075, by adding a 2.13 subdivision; 205.10, subdivision 3; 205.16, 2.14 subdivision 4, by adding a subdivision; 205.185, 2.15 subdivisions 2, 3; 205A.02; 205A.05, subdivision 1; 2.16 205A.07, by adding a subdivision; 206.56, subdivision 2.17 7; 206.57, by adding subdivisions; 206.64, subdivision 2.18 1; 206.81; 206.90, subdivision 6; 211A.02, by adding a 2.19 subdivision; 211A.04; 211A.05; 211B.14; 211B.15, 2.20 subdivisions 1, 12; 245.90; 270.063, subdivision 1; 2.21 270.71; 349.12, subdivision 34; 349.151, by adding a 2.22 subdivision; 349.1711, subdivision 2; 349.211, by 2.23 adding a subdivision; 351.01, subdivision 4; 354A.08; 2.24 354A.12, subdivisions 3a, 3d, by adding a subdivision; 2.25 354A.28, subdivision 9; 365.51, subdivision 3; 367.12; 2.26 373.40, subdivision 2; 375.101, by adding a 2.27 subdivision; 375.20; 383B.055, subdivision 2; 414.041, 2.28 subdivision 1; 447.32, subdivisions 3, 4; 458.40; 2.29 469.053, subdivision 5; 469.0724; 469.190, subdivision 2.30 5; 475.58, subdivisions 1, 1a; 475.59; Minnesota 2.31 Statutes 2003 Supplement, sections 16A.102, 2.32 subdivision 1; 16A.11, subdivision 3; 84.026; 2.33 116J.966, subdivision 1; 123B.63, subdivision 3; 2.34 126C.17, subdivision 9; 192.501, subdivision 2; 2.35 204B.11, subdivision 1; 205A.07, subdivision 3; 2.36 354A.12, subdivision 3b; 465.82, subdivision 2; 2.37 465.84; 475.521, subdivision 2; Laws 2000, chapter 2.38 391, section 1, subdivisions 1, 2; Laws 2001, First 2.39 Special Session chapter 10, article 2, section 77; 2.40 Laws 2002, chapter 365, section 9; Laws 2003, First 2.41 Special Session chapter 1, article 2, section 123; 2.42 Laws 2003, First Special Session chapter 11, article 2.43 3, section 13, subdivision 1; proposing coding for new 2.44 law in Minnesota Statutes, chapters 10A; 16A; 16B; 2.45 201; 203B; 204B; 204C; 204D; 205; 205A; 211A; 211B; 2.46 354A; repealing Minnesota Statutes 2002, sections 2.47 203B.02, subdivision 1a; 204C.05, subdivisions 1a, 1b; 2.48 205.175; 205A.09; 211A.08; 211B.16; 349.2127, 2.49 subdivision 9; Minnesota Statutes 2003 Supplement, 2.50 section 16A.151, subdivision 5; Minnesota Rules, parts 2.51 8200.1200; 8200.2600; 8200.2700; 8200.2900; 8200.3550; 2.52 8200.3600; 8200.3700; 8200.3800; 8200.3900; 8200.6200; 2.53 8200.9120; 8200.9315; 8200.9320; 8210.0200; 8210.0225; 2.54 8210.0500; 8210.0600; 8210.0700; 8210.0800; 8210.2300; 2.55 8210.2400; 8210.3000; 8230.3950; 8230.4050. 2.56 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.57 ARTICLE 1 2.58 STATE GOVERNMENT FINANCE 2.59 Section 1. [STATE GOVERNMENT APPROPRIATIONS.] 2.60 The dollar amounts shown in the columns marked 2.61 "APPROPRIATIONS" are added to or, if shown in parentheses, are 2.62 subtracted from the appropriations in Laws 2003, First Special 2.63 Session chapter 1, article 1, and are appropriated from the 3.1 general fund, or any other fund named, to the agencies and for 3.2 the purposes specified in this article, to be available for the 3.3 fiscal year indicated for each purpose. The figures "2004" and 3.4 "2005" used in this article mean that the appropriation or 3.5 appropriations listed under them are available for the fiscal 3.6 years ending June 30, 2004, and June 30, 2005, respectively. 3.7 SUMMARY BY FUND 3.8 2004 2005 TOTAL 3.9 General $ ( 456,000) $ 3,207,000 $ 2,751,000 3.10 APPROPRIATIONS 3.11 Available for the Year 3.12 Ending June 30 3.13 2004 2005 3.14 Sec. 2. LEGISLATURE 3.15 Subdivision 1. Total 3.16 Appropriation -0- (152,000) 3.17 The per diem paid to legislators may 3.18 not exceed $56 per day. Legislators 3.19 may not be paid a housing allowance for 3.20 more than six months in any one 3.21 calendar year. 3.22 Subd. 2. Senate 3.23 $2,000,000 is canceled to the general 3.24 fund from amounts previously carried 3.25 forward under Minnesota Statutes, 3.26 section 16A.281. 3.27 Subd. 3. House of Representatives 3.28 $2,000,000 is canceled to the general 3.29 fund from amounts previously carried 3.30 forward under Minnesota Statutes, 3.31 section 16A.281. 3.32 Subd. 4. Legislative Coordinating Commission 3.33 -0- (152,000) 3.34 The reduction in this subdivision takes 3.35 effect only if a bill is enacted in 3.36 2004 transferring duties related to 3.37 actuarial services from the Legislative 3.38 Commission on Pensions and Retirement 3.39 to public pension funds. 3.40 Sec. 3. GOVERNOR AND 3.41 LIEUTENANT GOVERNOR -0- (108,000) 3.42 Sec. 4. STATE AUDITOR -0- (249,000) 3.43 Sec. 5. ATTORNEY GENERAL -0- (677,000) 3.44 $2,000,000 of the amount carried 3.45 forward from fiscal year 2003 to fiscal 3.46 year 2004 is canceled to the general 3.47 fund. 4.1 Sec. 6. SECRETARY OF STATE -0- (181,000) 4.2 Sec. 7. ADMINISTRATION -0- (432,000) 4.3 Sec. 8. FINANCE (456,000) (456,000) 4.4 The commissioner of finance may use 4.5 $40,000 of the general fund 4.6 appropriation in Laws 2003, First 4.7 Special Session chapter 1, article 1, 4.8 section 28, to pay unemployment 4.9 insurance and other shutdown costs 4.10 related to the elimination of the 4.11 Office of Ombudsman for Corrections. 4.12 The funds remain available until June 4.13 30, 2005. 4.14 Sec. 9. EMPLOYEE RELATIONS -0- (186,000) 4.15 Sec. 10. REVENUE -0- (1,402,000) 4.16 Sec. 11. MILITARY AFFAIRS 4.17 Subdivision 1. Total 4.18 Appropriation -0- 4,428,000 4.19 Subd. 2. Appropriation Reduction 4.20 -0- (222,000) 4.21 Subd. 3. Reenlistment Bonus Program 4.22 -0- 1,500,000 4.23 The appropriation in this subdivision 4.24 is for a reenlistment bonus program as 4.25 authorized by Minnesota Statutes, 4.26 section 192.501, subdivision 1b. The 4.27 appropriation for the reenlistment 4.28 bonus program is available until 4.29 expended. 4.30 Subd. 4. National Guard Youth Camp 4.31 -0- 50,000 4.32 The appropriation in this subdivision 4.33 is to assist in the operation of the 4.34 Minnesota National Guard Youth Camp at 4.35 Camp Ripley. This appropriation is 4.36 contingent on a dollar-for-dollar match 4.37 from nonstate sources. This is a 4.38 onetime appropriation. 4.39 Subd. 5. Tuition and Textbook Reimbursement 4.40 Grant Program 4.41 -0- 3,100,000 4.42 The appropriation in this subdivision 4.43 is in addition to funding provided by 4.44 Laws 2003, First Special Session 4.45 chapter 1, article 1, section 16, 4.46 subdivision 4. This appropriation is 4.47 available until expended. 4.48 Sec. 12. VETERANS AFFAIRS -0- (78,000) 4.49 Sec. 13. LOTTERY 4.50 Operating budget limits established in 5.1 Minnesota Statutes, section 349A.10, 5.2 Laws 2003, First Special Session 5.3 chapter 1, article 1, section 23, or 5.4 any amendment to Laws 2003, First 5.5 Special Session chapter 1, article 1, 5.6 section 23, adopted by the 2004 5.7 legislature, do not apply to new duties 5.8 relating to lease of gaming machines 5.9 assigned to the lottery by proposed 5.10 Minnesota Statutes, section 349A.17 or 5.11 349A.20, or by other laws enacted in 5.12 2004. 5.13 Sec. 14. ADMINISTRATION; MOVING COSTS -0- 2,500,000 5.14 This appropriation is for relocation of 5.15 state agencies as determined by the 5.16 commissioner of administration. 5.17 Sec. 15. Minnesota Statutes 2002, section 10A.31, 5.18 subdivision 4, is amended to read: 5.19 Subd. 4. [APPROPRIATION.](a)The amounts designated by 5.20 individuals for the state elections campaign fund, less three 5.21 percent, are appropriated from the general fund, must be 5.22 transferred and credited to the appropriate account in the state 5.23 elections campaign fund, and are annually appropriated for 5.24 distribution as set forth in subdivisions 5, 5a, 6, and 7. The 5.25 remaining three percent must be kept in the general fund for 5.26 administrative costs. 5.27(b) In addition to the amounts in paragraph (a), $1,500,0005.28for each general election is appropriated from the general fund5.29for transfer to the general account of the state elections5.30campaign fund.5.31 Sec. 16. Minnesota Statutes 2002, section 11A.24, 5.32 subdivision 6, is amended to read: 5.33 Subd. 6. [OTHER INVESTMENTS.] (a) In addition to the 5.34 investments authorized in subdivisions 1 to 5, and subject to 5.35 the provisions in paragraph (b), the state board may invest 5.36 funds in: 5.37 (1) venture capital investment businesses through 5.38 participation in limited partnerships, trusts, private 5.39 placements, limited liability corporations, limited liability 5.40 companies, limited liability partnerships, and corporations; 5.41 (2) real estate ownership interests or loans secured by 5.42 mortgages or deeds of trust or shares of real estate investment 6.1 trusts through investment in limited partnerships, bank 6.2 sponsored collective funds, trusts, mortgage participation 6.3 agreements, and insurance company commingled accounts, including 6.4 separate accounts; 6.5 (3) regional and mutual funds through bank sponsored 6.6 collective funds and open-end investment companies registered 6.7 under the Federal Investment Company Act of 1940, and closed-end 6.8 mutual funds listed on an exchange regulated by a governmental 6.9 agency; 6.10 (4) resource investments through limited partnerships, 6.11 trusts, private placements, limited liability corporations, 6.12 limited liability companies, limited liability partnerships, and 6.13 corporations; and 6.14 (5) international securities. 6.15 (b) The investments authorized in paragraph (a) must 6.16 conform to the following provisions: 6.17 (1) the aggregate value of all investments made according 6.18 to paragraph (a), clauses (1) to (4), may not exceed 35 percent 6.19 of the market value of the fund for which the state board is 6.20 investing; 6.21 (2) there must be at least four unrelated owners of the 6.22 investment other than the state board for investments made under 6.23 paragraph (a), clause (1), (2), (3), or (4); 6.24 (3) state board participation in an investment vehicle is 6.25 limited to 20 percent thereof for investments made under 6.26 paragraph (a), clause (1), (2), (3), or (4); and 6.27 (4) state board participation in a limited partnership does 6.28 not include a general partnership interest or other interest 6.29 involving general liability. The state board may not engage in 6.30 any activity as a limited partner which creates general 6.31 liability. 6.32 (c) Data received, prepared, used, or retained by the state 6.33 board in connection with investments authorized by paragraph (a) 6.34 are public, including: 6.35 (1) the name and industry group classification of the legal 6.36 entity in which the state board has invested or in which the 7.1 state board has considered an investment; 7.2 (2) the state board commitment amount, if any; 7.3 (3) the funded amount of the state board's commitment to 7.4 date, if any; 7.5 (4) the market value of the investment by the state board; 7.6 (5) the state board's internal rate of return; and 7.7 (6) the age of the investment in years. 7.8 However, financial or proprietary data received, prepared, 7.9 used, or retained by the state board in connection with 7.10 investments authorized by paragraph (a), clauses (1), (2), or 7.11 (4), or in which the state board has considered an investment 7.12 under these clauses, is nonpublic data under section 13.02, 7.13 subdivision 9. As used in this section, "financial or 7.14 proprietary information" means information of a financial or 7.15 proprietary character that has not been publicly disseminated or 7.16 that is unavailable from other sources, the release of which 7.17 would likely cause competitive harm to the state board or to the 7.18 legal entity or to a portfolio company in which the legal entity 7.19 holds an interest. 7.20 Sec. 17. Minnesota Statutes 2002, section 13.635, is 7.21 amended by adding a subdivision to read: 7.22 Subd. 1a. [STATE BOARD OF INVESTMENT.] Certain government 7.23 data of the State Board of Investment related to investments are 7.24 classified under section 11A.24, subdivision 6. 7.25 Sec. 18. Minnesota Statutes 2003 Supplement, section 7.26 16A.11, subdivision 3, is amended to read: 7.27 Subd. 3. [PART TWO: DETAILED BUDGET.] (a) Part two of the 7.28 budget, the detailed budget estimates both of expenditures and 7.29 revenues, must contain any statements on the financial plan 7.30 which the governor believes desirable or which may be required 7.31 by the legislature. The detailed estimates shall include the 7.32 governor's budget arranged in tabular form. 7.33 (b) Tables listing expenditures for the next biennium must 7.34 show the appropriation base for each year as well as the 7.35 governor's total recommendation for that year for each 7.36 expenditure line. The appropriation base is the amount 8.1 appropriated for the second year of the current biennium, 8.2 adjusted in accordance with any provisions of law that specify 8.3 changes to the base. For a statutory appropriation not 8.4 specifying a dollar amount or for an appropriation for a 8.5 forecasted program, the appropriation base is the amount 8.6 estimated to fulfill the appropriation according to the most 8.7 recent forecast prepared by the commissioner of finance pursuant 8.8 to section 16A.103. 8.9 (c) The detailed estimates must include a separate line 8.10 listing the total cost of professional and technical service 8.11 contracts for the prior biennium and the projected costs of 8.12 those contracts for the current and upcoming biennium. They 8.13 must also include a summary of the personnel employed by the 8.14 agency, reflected as full-time equivalent positions. 8.15 (d) The detailed estimates for internal service funds must 8.16 include the number of full-time equivalents by program; detail 8.17 on any loans from the general fund, including dollar amounts by 8.18 program; proposed investments in technology or equipment of 8.19 $100,000 or more; an explanation of any operating losses or 8.20 increases in retained earnings; and a history of the rates that 8.21 have been charged, with an explanation of any rate changes and 8.22 the impact of the rate changes on affected agencies. 8.23 Sec. 19. Minnesota Statutes 2002, section 16A.103, 8.24 subdivision 1a, is amended to read: 8.25 Subd. 1a. [FORECAST PARAMETERS.] The forecast must assume 8.26 the continuation of current laws and reasonable estimates of 8.27 projected growth in the national and state economies and 8.28 affected populations. Revenue must be estimated for all sources 8.29 provided for in current law. Expenditures must be estimated for 8.30 all obligations imposed by law and those projected to occur as a 8.31 result of variables outside the control of the legislature. 8.32 Expenditure estimates must not include an allowance for 8.33 inflation, but the forecast must include a separate discussion 8.34 of the cost of applying inflation to expenditures. 8.35 Sec. 20. Minnesota Statutes 2002, section 16A.53, 8.36 subdivision 1, is amended to read: 9.1 Subdivision 1. [FUND CREATESFUNDS AND ACCOUNTS CREATED BY 9.2 LAW.] When a law creates a fund or account in the treasury into 9.3 which are deposited certain revenues and out of which certain 9.4 expenditures are appropriated, the commissioner may consider the 9.5 creation of the fund or account as the creation of a bookkeeping 9.6 account in the state'sgeneral books of accountaccounting 9.7 system so as to reflect the revenues deposited in the treasury 9.8 and credited to the bookkeeping account and the expenditures 9.9 appropriated from the treasury and charged to the bookkeeping 9.10 account. The commissioner must organize these bookkeeping 9.11 accounts into funds in accordance with generally accepted 9.12 accounting principles. 9.13 Sec. 21. Minnesota Statutes 2002, section 16A.53, is 9.14 amended by adding a subdivision to read: 9.15 Subd. 3. [COMMISSIONER TO MANAGE FUNDS AND ACCOUNTS.] (a) 9.16 As necessary, the commissioner may eliminate an account that is 9.17 no longer needed for the purposes specified for it in law. 9.18 (b) The commissioner must eliminate an account that meets 9.19 the criteria in paragraph (c) unless the commissioner determines 9.20 that the account is necessary for efficient fiscal operation. 9.21 (c) Criteria for account elimination are: 9.22 (1) receipts to the account and transfers into the account 9.23 average less than $1,000 per year in the past four years; 9.24 (2) year-end balances in the past four years average less 9.25 than $1,000 per year; and 9.26 (3) the account has been in existence for at least four 9.27 years. 9.28 (d) Any balances in an eliminated account must be 9.29 transferred to the general fund unless some other disposition is 9.30 specified in law. If the commissioner eliminates an account 9.31 established in law, the commissioner must notify the 9.32 legislature, in a report to the appropriate finance committees, 9.33 of the elimination. 9.34 Sec. 22. Minnesota Statutes 2002, section 16A.53, is 9.35 amended by adding a subdivision to read: 9.36 Subd. 4. [REPORT.] Each agency that manages accounts 10.1 within a fund must report at least annually to the appropriate 10.2 finance committees of the legislature on the number, purpose, 10.3 and recent financial activity in those accounts. The 10.4 commissioner must establish uniform criteria and timing for the 10.5 reports. 10.6 Sec. 23. Minnesota Statutes 2002, section 16A.531, is 10.7 amended by adding a subdivision to read: 10.8 Subd. 4. [MISCELLANEOUS SPECIAL REVENUE FUND.] (a) A 10.9 miscellaneous special revenue fund is created in the state 10.10 treasury. This fund is for the deposit of receipts and other 10.11 revenues that are not placed in any other fund by law or under 10.12 section 16A.53. 10.13 (b) One-third of the accounts in the miscellaneous special 10.14 revenue fund are terminated on June 30, 2007, another one-third 10.15 of the accounts in the miscellaneous special revenue fund are 10.16 terminated on June 30, 2009, and the remaining accounts in the 10.17 miscellaneous special revenue fund are terminated on June 30, 10.18 2011. Thirty months before the termination dates listed in this 10.19 paragraph, the commissioner must identify and notify the 10.20 appropriate legislative finance committee of the accounts which 10.21 are scheduled to terminate on those dates. Any balance in an 10.22 account that is terminated is transferred to the general fund 10.23 and any revenues that would have been deposited in that account 10.24 are deposited in the general fund. Any statutory appropriation 10.25 made out of an account that is terminated is canceled. This 10.26 paragraph does not apply to an account established after July 1, 10.27 2004. 10.28 Sec. 24. [16A.535] [STATE GOVERNMENT; RELATION TO LOCAL.] 10.29 Subdivision 1. [SCOPE.] For the purposes of this chapter, 10.30 the terms defined in this section have the meanings given them. 10.31 Subd. 2. [LOCAL GOVERNMENT.] "Local government" means a 10.32 county, town, or statutory or home rule charter city. 10.33 Subd. 3. [LOCAL GOVERNMENT OF THE SAME KIND.] "Local 10.34 government of the same kind" means any category of the 10.35 following: all cities, all counties, or all towns. 10.36 Subd. 4. [SAME CLASS.] "Same class" means all cities of 11.1 the same class. 11.2 Subd. 5. [STATE MANDATE.] "State mandate" means a state 11.3 law or rule that is specifically directed at or related to local 11.4 government structure, operation, services, programs, or 11.5 financing that: 11.6 (1) imposes a cost on a local government, whether or not 11.7 the state appropriates money for the local government to cover 11.8 the costs, or authorizes the local government to impose a tax or 11.9 fee to cover the costs; 11.10 (2) decreases revenue available to a local government 11.11 without a commensurate decrease in services and programs 11.12 required by the law or rule; 11.13 (3) restricts the ability of a local government to 11.14 establish services, programs, policies, plans, or goals, or 11.15 restricts its ability to raise revenue or finance its services, 11.16 programs, policies, plans, or goals; or 11.17 (4) implements or interprets federal law and, by its 11.18 implementation or interpretation, increases or decreases program 11.19 or service or funding levels beyond the level required by 11.20 federal law. 11.21 [EFFECTIVE DATE.] This section is effective July 1, 2005. 11.22 Sec. 25. [16A.5351] [OPT OUT RESOLUTION AND PROCEDURES.] 11.23 Subdivision 1. [LOCAL PROCEDURE.] (a) A local government 11.24 may, by written resolution of the governing body after public 11.25 notice and hearing, propose that a state mandate imposed on all 11.26 local governments of the same kind or class, except a state 11.27 mandate under section 471B.03, should not apply to it. A local 11.28 government also may include in a resolution recommendations for 11.29 reforming a mandate. A local government must adopt a separate 11.30 resolution for each mandate that it proposes should not apply to 11.31 it. The resolution must: 11.32 (1) specifically cite the state law or rule that imposes 11.33 the mandate on the local government; 11.34 (2) identify any costs of complying with the mandate and 11.35 the total amount of federal and state funds available for 11.36 purposes of the mandate; 12.1 (3) state the reasons the local government wants to opt out 12.2 of the state mandate and any recommendations for reforming the 12.3 mandate to achieve greater efficiencies; and 12.4 (4) indicate how the local government will otherwise meet 12.5 the objectives of the mandate or why the objectives do not apply 12.6 to the local government. 12.7 (b) Before voting on the resolution, the governing body 12.8 must give adequate public notice of the proposed resolution, 12.9 including information on whether state or federal funding for 12.10 the local government might be adversely affected. The governing 12.11 body must hold at least one public hearing on the proposed 12.12 resolution and afford the public opportunity for comment. The 12.13 governing body must encourage public participation in the 12.14 hearing in order to determine the extent of public support for 12.15 the proposed resolution. 12.16 (c) The proponent of the proposed resolution must at least 12.17 identify at the hearing: 12.18 (1) the costs of complying with the mandate that exceed the 12.19 state and federal funds allocated to the district for purposes 12.20 of the mandate and recommend reforms for achieving greater 12.21 efficiencies; 12.22 (2) any potential loss of state or federal revenue that 12.23 might result from opting out of the state mandate; 12.24 (3) other policy issues or effects that might result; 12.25 (4) the purposes for which the mandate was imposed; 12.26 (5) those persons and categories of person who will be 12.27 adversely affected if the mandate is not complied with; and 12.28 (6) a comparison of costs and benefits of the mandate to 12.29 the costs and benefits of inaction. 12.30 (d) A local government that adopts a resolution must file 12.31 the resolution with the state auditor. At the time of filing, 12.32 the local government must pay the state auditor a fee to cover 12.33 costs the state auditor incurs in performing the duties under 12.34 this section. The amount of the fee is as follows: 12.35 (1) for each resolution filed from a local government with 12.36 a population over 100,000, $500; 13.1 (2) for each resolution filed from a local government with 13.2 a population over 20,000 and not more than 100,000, $350; 13.3 (3) for each resolution filed from a local government with 13.4 a population over 10,000 and not more than 20,000, $200; and 13.5 (4) for each resolution filed from a local government with 13.6 a population of not more than 10,000, $50. 13.7 All fees collected under this section are appropriated to the 13.8 state auditor for the purposes of this section. On July 1, 13.9 2005, and each July 1 thereafter, using the powers granted under 13.10 chapter 6, the auditor must determine the actual cost of 13.11 performing the duties under this section and adjust the amount 13.12 of the fee to reflect the auditor's actual costs. 13.13 Subd. 2. [STATE PROCEDURE.] (a) The state auditor must: 13.14 (1) list on the state auditor's Web site all state mandates 13.15 cited in a resolution filed with the state auditor, identifying 13.16 for each mandate the local governments that have adopted and 13.17 filed a resolution to opt out of a mandate, and whether the 13.18 threshold under subdivision 3 for opting out has been met; 13.19 (2) keep a running total of the number and percent of local 13.20 governments of the same kind and, if applicable, same class, 13.21 that have filed a resolution to opt out; 13.22 (3) notify the legislature when the threshold under 13.23 subdivision 3 for opting out has been met; and 13.24 (4) each year before Minnesota Statutes or Minnesota 13.25 Statutes Supplement is published, at a time determined by the 13.26 revisor of statutes, provide to the revisor of statutes and the 13.27 local governments that have filed resolutions to opt out of a 13.28 mandate a list of all laws and rules that local governments may 13.29 opt out of, consistent with legislative action under subdivision 13.30 3. 13.31 (b) The revisor of statutes must: 13.32 (1) publish a list of the affected laws, rules, and local 13.33 governments; and 13.34 (2) provide appropriate means, including cross-references, 13.35 for the public to use the statutes and rules in the context of 13.36 the list in clause (1). 14.1 Subd. 3. [THRESHOLD AND CERTIFICATION FOR OPTING OUT; 14.2 LEGISLATIVE OVERSIGHT.] (a) The state auditor must notify the 14.3 house and senate when the auditor certifies that ten percent or 14.4 more of the local governments of the same kind, and, if 14.5 applicable, same class, have filed resolutions according to the 14.6 requirements of this section. The opt out resolutions referred 14.7 to in a notice delivered by the auditor to the legislature 14.8 before the regular session convenes in any year must be 14.9 considered and are accepted for implementation if approved by 14.10 the legislature under this subdivision. 14.11 (b) The house of representatives and senate must adopt 14.12 rules ensuring that bills to respond to the resolutions or to 14.13 amend the mandate to which they refer are given a priority 14.14 status and are presented to the house and to the senate for 14.15 consideration and action by the body in a timely manner during 14.16 the regular session that year. 14.17 Subd. 4. [OPT OUT IMPLEMENTATION AND LATER OPTING 14.18 OUT.] After initial opt out resolutions are approved by the 14.19 legislature and take effect, other local governments of the same 14.20 kind and, if applicable, same class, may file resolutions to opt 14.21 out of the same mandate. Each of these takes effect after the 14.22 auditor accepts the filing and after a subsequent entire 14.23 legislative session adjourns. 14.24 [EFFECTIVE DATE.] This section is effective July 1, 2005. 14.25 Sec. 26. [16A.5352] [EXCEPTIONS.] 14.26 Subdivision 1. [SCOPE.] The state laws listed in this 14.27 section are not subject to section 471B.02 and resolutions to 14.28 address concerns related to these laws must not be accepted. 14.29 Subd. 2. [ELECTION LAW.] A local government may not opt 14.30 out of Minnesota election law, as defined in section 200.01, and 14.31 any other law governing elections. 14.32 Subd. 3. [PROPERTY TAX LAWS.] A local government may not 14.33 opt out of any laws related to the property tax system under 14.34 chapters 270, 272, 273, 274, 275, 276, 276A, 277, 278, and 473F, 14.35 and any other property tax-related provisions in law. 14.36 Subd. 4. [ACCOUNTING, FINANCIAL MANAGEMENT PROCEDURES; 15.1 AUDIT REQUIREMENTS.] A local government may not opt out of any 15.2 law governing the accounting, financial management, and audit 15.3 requirements of local governments. 15.4 Subd. 5. [STATE AUDITOR.] A local government may not opt 15.5 out of any provision of chapter 6 or any other law that gives 15.6 the state auditor authority to require or receive information 15.7 from a local government. 15.8 [EFFECTIVE DATE.] This section is effective July 1, 2005. 15.9 Sec. 27. [16B.246] [AT-HOME INFANT CHILD CARE PROGRAM.] 15.10 Subdivision 1. This section applies to state employees and 15.11 their families. 15.12 Subd. 2. [ESTABLISHMENT.] A family in which a parent 15.13 provides care for the family's infant child may receive a 15.14 subsidy in lieu of assistance if the family is eligible for, or 15.15 is receiving assistance under the basic sliding fee program. An 15.16 eligible family must meet the eligibility factors under section 15.17 119B.09, except as provided in subdivision 4, the income 15.18 criteria under section 119B.12, and the requirements of this 15.19 section. Subject to federal match and maintenance of effort 15.20 requirements for the child care and development fund, the 15.21 commissioner shall establish a pool of up to seven percent of 15.22 the annual appropriation for the basic sliding fee program to 15.23 provide assistance under the at-home infant child care program. 15.24 At the end of a fiscal year, the commissioner may carry forward 15.25 any unspent funds under this section to the next fiscal year 15.26 within the same biennium for assistance under the basic sliding 15.27 fee program. 15.28 Subd. 3. [ELIGIBLE FAMILIES.] A family with an infant 15.29 under the age of one year is eligible for assistance if: 15.30 (1) the family is not receiving MFIP, other cash 15.31 assistance, or other child care assistance; 15.32 (2) the family has not previously received a life-long 15.33 total of 12 months of assistance under this section; and 15.34 (3) the family is participating in the basic sliding fee 15.35 program or provides verification of participating in an 15.36 authorized activity at the time of application and meets the 16.1 program requirements. 16.2 Subd. 4. [ELIGIBLE PARENT.] A family is eligible for 16.3 assistance under this section if one parent cares for the 16.4 family's infant child. The eligible parent must: 16.5 (1) be over the age of 18; 16.6 (2) care for the infant full-time in the infant's home; and 16.7 (3) care for any other children in the family who are 16.8 eligible for child care assistance under this chapter. 16.9 For purposes of this section, "parent" means birth parent, 16.10 adoptive parent, or stepparent. 16.11 Subd. 5. [ASSISTANCE.] (a) A family is limited to a 16.12 lifetime total of 12 months of assistance under subdivision 2. 16.13 The maximum rate of assistance is equal to 90 percent of the 16.14 rate established under section 119B.13 for care of infants in 16.15 licensed family child care in the applicant's county of 16.16 residence. For purposes of this section, the annual income of 16.17 the applicant family must be based on an annualization of the 16.18 income received only during the period in which the family is 16.19 participating in the at-home infant care program. 16.20 (b) A participating family must report income and other 16.21 family changes as specified in the county's plan under section 16.22 119B.08, subdivision 3. 16.23 (c) Persons who are admitted to the at-home infant care 16.24 program retain their position in any basic sliding fee program 16.25 or on any waiting list attained at the time of admittance. If 16.26 they are on the waiting list, they must advance as if they had 16.27 not been admitted to the program. Persons leaving the at-home 16.28 infant care program re-enter the basic sliding fee program at 16.29 the position they would have occupied or the waiting list at the 16.30 position to which they would have advanced. Persons who would 16.31 have attained eligibility for the basic sliding fee program must 16.32 be given assistance or advance to the top of the waiting list 16.33 when they leave the at-home infant care program. Persons 16.34 admitted to the at-home infant care program who are not on a 16.35 basic sliding fee waiting list may apply to the basic sliding 16.36 fee program, and if eligible, be placed on the waiting list. 17.1 (d) Assistance under this section does not establish an 17.2 employer-employee relationship between any member of the 17.3 assisted family and the county or state. 17.4 Subd. 6. [IMPLEMENTATION.] The commissioner shall 17.5 implement the at-home infant child care program under this 17.6 section through counties that administer the basic sliding fee 17.7 program under section 119B.03. The commissioner must develop 17.8 and distribute consumer information on the at-home infant care 17.9 program to assist parents of infants or expectant parents in 17.10 making informed child care decisions. 17.11 [EFFECTIVE DATE.] This section is effective July 1, 2004. 17.12 Sec. 28. Minnesota Statutes 2002, section 16B.55, 17.13 subdivision 3, is amended to read: 17.14 Subd. 3. [PERMITTED USES.] A state vehicle may be used by 17.15 a state employee to travel to or from the employee's residence: 17.16 (1) on a day on which it may be necessary for the employee 17.17 to respond to a work-related emergency during hours when the 17.18 employee is not normally working; 17.19 (2) if the employee has been assigned the use of a state 17.20 vehicle for authorized state business on an extended basis, and 17.21 the employee's primary place of work is not the state work 17.22 station to which the employee is permanently assigned; 17.23 (3) if the employee has been assigned the use of a state 17.24 vehicle for authorized state business away from the work station 17.25 to which the employee is permanently assigned, and the number of 17.26 miles traveled, or the time needed to conduct the business, will 17.27 be minimized if the employee uses a state vehicle to travel to 17.28 the employee's residence before or after traveling to the place 17.29 of state business; or 17.30 (4) if the employee is authorized to participate in a 17.31 ridesharing program established by the commissioner pursuant to 17.32 section 174.257. 17.33 Use of a state vehicle under this subdivision requires the 17.34 prior approval of the agency head or the designee of the agency 17.35 head. A state employee must reimburse the employer for the use 17.36 of a state vehicle to the extent the use would be considered a 18.1 taxable fringe benefit for the employee under the Internal 18.2 Revenue Code and regulations implementing the code, but for the 18.3 employee reimbursing the employer. The reimbursement must be at 18.4 the same rate per mile as the standard mileage rate for business 18.5 use of an automobile permitted under the Internal Revenue Code 18.6 and regulations in effect when the employee uses the state 18.7 vehicle. A state employee must report use of a state vehicle 18.8 under this subdivision to the employer within 15 days of use of 18.9 the vehicle. Notwithstanding any law to the contrary, the 18.10 employer must deduct from the employee's pay the amount due to 18.11 the employer under this subdivision. 18.12 Sec. 29. Minnesota Statutes 2003 Supplement, section 18.13 192.501, subdivision 2, is amended to read: 18.14 Subd. 2. [TUITION AND TEXTBOOK REIMBURSEMENT GRANT 18.15 PROGRAM.] (a) The adjutant general shall establish a program to 18.16 provide tuition and textbook reimbursement grants to eligible 18.17 members of the Minnesota National Guard within the limitations 18.18 of this subdivision. 18.19 (b) Eligibility is limited to a member of the National 18.20 Guard who: 18.21 (1) is serving satisfactorily as defined by the adjutant 18.22 general; 18.23 (2) is attending a postsecondary educational institution, 18.24 as defined by section 136A.15, subdivision 6, including a 18.25 vocational or technical school operated or regulated by this 18.26 state or another state or province; and 18.27 (3) provides proof of satisfactory completion of 18.28 coursework, as defined by the adjutant general. 18.29 In addition, if a member of the Minnesota National Guard is 18.30 killed in the line of state active service or federally funded 18.31 state active service, as defined in section 190.05, subdivisions 18.32 5a and 5b, the member's surviving spouse, and any surviving 18.33 dependent who has not yet reached 24 years of age, is eligible 18.34 for a tuition and textbook reimbursement grant. 18.35 The adjutant general may, within the limitations of this 18.36 paragraph and other applicable laws, determine additional 19.1 eligibility criteria for the grant, and must specify the 19.2 criteria in department regulations and publish changes as 19.3 necessary. 19.4 (c) The amount of a tuition and textbook reimbursement 19.5 grant must be specified on a schedule as determined and 19.6 published in department regulations by the adjutant general, but 19.7 is limited to a maximum of an amount equal to the greater of: 19.8 (1)75 percent ofthe cost of tuition for lower division 19.9 programs in the College of Liberal Arts at the Twin Cities 19.10 campus of the University of Minnesota in the most recent 19.11 academic year; or 19.12 (2)50 percent ofthe cost of tuition for the program in 19.13 which the person is enrolled at that Minnesota public 19.14 institution, or if that public institution is outside the state 19.15 of Minnesota, for the cost of a comparable program at the 19.16 University of Minnesota, except that in the case of a survivor 19.17 as defined in paragraph (b), the amount of the tuition and 19.18 textbook reimbursement grant for coursework satisfactorily 19.19 completed by the person is limited to 100 percent of the cost of 19.20 tuition for postsecondary courses at a Minnesota public 19.21 educational institution. 19.22 Paragraph (b) notwithstanding, a person is no longer 19.23 eligible for a grant under this subdivision once the person has 19.24 received grants under this subdivision for the equivalent of 208 19.25 quarter credits or 144 semester credits of coursework. 19.26 (d) Tuition and textbook reimbursement grants received 19.27 under this subdivision may not be considered by the Minnesota 19.28 Higher Education Services Office or by any other state board, 19.29 commission, or entity in determining a person's eligibility for 19.30 a scholarship or grant-in-aid under sections 136A.095 to 19.31 136A.1311. 19.32 (e) If a member fails to complete a term of enlistment 19.33 during which a tuition and textbook reimbursement grant was 19.34 paid, the adjutant general may seek to recoup a prorated amount 19.35 as determined by the adjutant general. 19.36 [EFFECTIVE DATE.] This section is effective July 1, 2004. 20.1 Sec. 30. Minnesota Statutes 2002, section 193.29, 20.2 subdivision 3, is amended to read: 20.3 Subd. 3. [JOINT BOARDS.]In all cases in whichIf more 20.4 than one company or other unit of the military forcesshall20.5occupyoccupies the same armory, the armory board shall consist 20.6 ofofficersmilitary personnel assigned to the units or 20.7 organizations quartered therein. The adjutant general shall 20.8 designate by order from time to time the representatives of each 20.9 unit quartered therein to comprise the armory board for each 20.10 armory. In the discretion of the adjutant general, the 20.11 membership of the board may be comprised of officers, warrant 20.12 officers, and enlisted personnel and may be changed from time to 20.13 time so as to give the several organizations quartered therein 20.14 proper representation on the board. 20.15 Sec. 31. Minnesota Statutes 2002, section 193.30, is 20.16 amended to read: 20.17 193.30 [COMMANDING OFFICERSORGANIZATION OF ARMORY BOARD.] 20.18 The seniorofficerranking member on each armory board 20.19 shall be the chair, and the juniorofficerranking member 20.20 thereof shall be the recorder. A record of the proceedings of 20.21 the board shall be kept, and all motions offered, whether 20.22 seconded or not, shall be put to a vote and the result 20.23 recorded. In the case of a tie vote the adjutant general, upon 20.24 the request of any member, shall decide. The governor may make 20.25 and alter rules for the government of armory boards, officers, 20.26 and other persons having charge of armories, arsenals, or other 20.27 military property of the state. 20.28 Sec. 32. Minnesota Statutes 2002, section 193.31, is 20.29 amended to read: 20.30 193.31 [SENIOROFFICERRANKING MEMBER TO CONTROL DRILL 20.31 HALL.] 20.32 The seniorofficerranking member of any company or other 20.33 organization assembling at an armory for drill or instruction 20.34 shall have control of the drill hall or other portion of the 20.35 premises used therefor during such occupancy, subject to the 20.36 rules prescribed for its use and the orders of thatofficer's21.1 ranking member's superior. Any person who intrudes contrary to 21.2 orders, or who interrupts, molests, or insults any troops so 21.3 assembled, or who refuses to leave the premises when properly 21.4 requested so to do, shall be guilty of a misdemeanor. Nothing 21.5 in this section shall prevent reasonable inspection of the 21.6 premises by the proper municipal officer, or by the lessor 21.7 thereof in accordance with the terms of the lease. 21.8 Sec. 33. Minnesota Statutes 2002, section 211B.15, 21.9 subdivision 1, is amended to read: 21.10 Subdivision 1. [DEFINITIONS.] For purposes of this 21.11 section, "corporation" means: 21.12 (1) a corporation organized for profit that does business 21.13 in this state; 21.14 (2) a nonprofit corporation that carries out activities in 21.15 this state;or21.16 (3) a limited liability company formed under chapter 322B, 21.17 or under similar laws of another state, that does business in 21.18 this state; or 21.19 (4) a business entity established or operated by a foreign 21.20 government or by an entity or subdivision of an entity that 21.21 exercises governmental functions for purposes of Public Law 21.22 97-473, Title II. 21.23 Sec. 34. Minnesota Statutes 2002, section 349.12, 21.24 subdivision 34, is amended to read: 21.25 Subd. 34. [TIPBOARD.] "Tipboard" means a board, placard or 21.26 other device containing a seal that conceals the winning number 21.27 or symbol, and that serves as the game flare for a tipboard 21.28 game, or a board or placard that is not required to contain a 21.29 seal, but for which the winning numbers are determined in whole 21.30 or in part by the outcome of one or more professional sporting 21.31 events. 21.32 Sec. 35. Minnesota Statutes 2002, section 349.151, is 21.33 amended by adding a subdivision to read: 21.34 Subd. 4c. [SPORTS-THEMED TIPBOARD RULES.] The board may 21.35 adopt rules for the conduct of tipboards for which the winning 21.36 numbers are determined in whole or in part by the outcome of one 22.1 or more professional sporting events. The rules must provide 22.2 for operation procedures, internal control standards, posted 22.3 information, records, and reports. The rules must provide for 22.4 the award of prizes, method of payout, wagers, determination of 22.5 winners, and the specifications of these tipboards. Cash or 22.6 merchandise prizes may be awarded in these tipboards. 22.7 Sec. 36. Minnesota Statutes 2002, section 349.1711, 22.8 subdivision 2, is amended to read: 22.9 Subd. 2. [DETERMINATION OF WINNERS.] When the 22.10 predesignated numbers or symbols have all been purchased, or all 22.11 of the tipboard tickets for that game have been sold, the seal 22.12 must be removed to reveal a number or symbol that determines 22.13 which of the predesignated numbers or symbols is the winning 22.14 number or symbol. A tipboard may also contain consolation 22.15 winners, or winning chances that are determined in whole or in 22.16 part by the outcome of one or more professional sporting events, 22.17 that need not be determined by the use of the seal. 22.18 Sec. 37. Minnesota Statutes 2002, section 349.211, is 22.19 amended by adding a subdivision to read: 22.20 Subd. 2d. [SPORTS-THEMED TIPBOARDS.] The maximum prize 22.21 which may be awarded for a tipboard for which the winning 22.22 numbers are determined in whole or in part by the outcome of one 22.23 or more professional sporting events is $500. A chance for such 22.24 a board may not be sold for more than $10. 22.25 Sec. 38. Minnesota Statutes 2002, section 354A.08, is 22.26 amended to read: 22.27 354A.08 [AUTHORIZED INVESTMENTS.] 22.28 (a) A teachers retirement fund association may receive, 22.29 hold, and dispose of real estate or personal property acquired 22.30 by it, whether the acquisition was by purchase, or any other 22.31 lawful means, as provided in this chapter or in the 22.32 association's articles of incorporation. In addition to other 22.33 authorized real estate investments, an association may also 22.34 invest funds in Minnesota situs nonfarm real estate ownership 22.35 interests or loans secured by mortgages or deeds of trust. 22.36 (b) All or a portion of the assets of a first class city 23.1 teacher retirement fund association may be invested in the 23.2 Minnesota supplemental investment fund under section 11A.17. 23.3 Sec. 39. Minnesota Statutes 2002, section 354A.12, is 23.4 amended by adding a subdivision to read: 23.5 Subd. 2c. [REIMBURSEMENT OF CERTAIN INVESTMENT 23.6 UNDERPERFORMANCE.] (a) If the report of the state auditor under 23.7 section 356.219 indicates that the Minneapolis Teachers 23.8 Retirement Fund Association has underperformed the State Board 23.9 of Investment basic retirement plans in its investment of the 23.10 Minneapolis teachers retirement fund assets, on the first of the 23.11 month next following the release of that report, the board of 23.12 trustees of the Minneapolis Teachers Retirement Fund Association 23.13 shall redeem the amount of the underperformance by imposing a 23.14 charge on active members, retired members, and other benefit 23.15 recipients. 23.16 (b) The additional charge on active members must continue 23.17 for one year and must be a percentage of covered pay. The 23.18 charge must be set by the board to represent the active member 23.19 asset portion of the underperformance as determined by the board. 23.20 (c) The additional charge on retired members must continue 23.21 for one year and must be a deduction from the annuity or 23.22 benefit. The charge must be set by the board to represent the 23.23 retired member asset portion of the underperformance as 23.24 determined by the board. 23.25 (d) The total additional charges under paragraphs (b) and 23.26 (c) must equal the total amount of the investment 23.27 underperformance. If an active member retires during the course 23.28 of the year during which the additional charge is in force, the 23.29 member shall pay or have deducted the appropriate charge for the 23.30 appropriate portion of the year. 23.31 (e) If the total amount of the underperformance is not 23.32 recovered under paragraph (d), the balance of the 23.33 underperformance must be added to any underperformance amount in 23.34 the next year of underperformance, plus annual compound interest 23.35 at the rate of 8.5 percent from the date of the applicable 23.36 report of the state auditor to July 1 of the year in which the 24.1 balance is to be collected. 24.2 Sec. 40. Minnesota Statutes 2002, section 354A.12, 24.3 subdivision 3a, is amended to read: 24.4 Subd. 3a. [SPECIAL DIRECT STATE AID TO FIRST CLASS CITY 24.5 TEACHERS RETIREMENT FUND ASSOCIATIONS.] (a)In fiscal year 1998,24.6the state shall pay $4,827,000 to the St. Paul Teachers24.7Retirement Fund Association, $17,954,000 to the Minneapolis24.8Teachers Retirement Fund Association, and $486,000 to the Duluth24.9Teachers Retirement Fund Association.In eachsubsequentfiscal 24.10 year,these paymentsthe state shall pay to the first class city 24.11 teachers retirement fund associationsmust be $2,827,00024.12 $2,967,000 for the St. Paul, $12,954,000Teachers Retirement 24.13 Fund Association and $13,300,000 for the Minneapolis, and24.14$486,000 for DuluthTeachers Retirement Fund Association. 24.15 (b) The direct state aids under this subdivision are 24.16 payable October 1 annually. The commissioner of finance shall 24.17 pay the direct state aid. The amount required under this 24.18 subdivision is appropriated annually from the general fund to 24.19 the commissioner of finance. 24.20 (c) The direct state aid for the Minneapolis Teachers 24.21 Retirement Fund Association is governed by section 354A.121. 24.22 Sec. 41. Minnesota Statutes 2003 Supplement, section 24.23 354A.12, subdivision 3b, is amended to read: 24.24 Subd. 3b. [SPECIAL DIRECT STATE MATCHING AID TO THE 24.25 MINNEAPOLIS TEACHERS RETIREMENT FUND ASSOCIATION.] (a) Special 24.26 School District No. 1 may make an additional employer 24.27 contribution to the Minneapolis Teachers Retirement Fund 24.28 Association. The city of Minneapolis may make a contribution to 24.29 the Minneapolis Teachers Retirement Fund Association. This 24.30 contribution may be made by a levy of the board of estimate and 24.31 taxation of the city of Minneapolis and the levy, if made, is 24.32 classified as that of a special taxing district for purposes of 24.33 sections 275.065 and 276.04, and for all other property tax 24.34 purposes. 24.35 (b) For every $1,000 contributed in equal proportion by 24.36 Special School District No. 1 and by the city of Minneapolis to 25.1 the Minneapolis teachers retirement fund association under 25.2 paragraph (a), the state shall pay to the Minneapolis Teachers 25.3 Retirement Fund Association $1,000, but not to exceed $2,500,000 25.4 in total in fiscal year 1994. The superintendent of Special 25.5 School District No. 1, the mayor of the city of Minneapolis, and 25.6 the executive director of the Minneapolis Teachers Retirement 25.7 Fund Association shall jointly certify to the commissioner of 25.8 finance the total amount that has been contributed by Special 25.9 School District No. 1 and by the city of Minneapolis to the 25.10 Minneapolis Teachers Retirement Fund Association. Any 25.11 certification to the commissioner of education must be made 25.12 quarterly. If the total certifications for a fiscal year exceed 25.13 the maximum annual direct state matching aid amount in any 25.14 quarter, the amount of direct state matching aid payable to the 25.15 Minneapolis Teachers Retirement Fund Association must be limited 25.16 to the balance of the maximum annual direct state matching aid 25.17 amount available. The amount required under this paragraph, 25.18 subject to the maximum direct state matching aid amount, is 25.19 appropriated annually to the commissioner of finance. The state 25.20 matching aid is governed by section 354A.121. 25.21 (c) The commissioner of finance may prescribe the form of 25.22 the certifications required under paragraph (b). 25.23 Sec. 42. Minnesota Statutes 2002, section 354A.12, 25.24 subdivision 3d, is amended to read: 25.25 Subd. 3d. [MTRFA AND SPTRFA SUPPLEMENTAL ADMINISTRATIVE 25.26 EXPENSE ASSESSMENT.] (a) The active and retired membership of 25.27 the Minneapolis Teachers Retirement Fund Association and of the 25.28 St. Paul Teachers Retirement Fund Association is responsible for 25.29 defraying supplemental administrative expenses other than 25.30 investment expenses of the respective teacher retirement fund 25.31 association. 25.32 (b) Investment expenses of the teachers retirement fund 25.33 association are those expenses incurred by or on behalf of the 25.34 retirement fund in connection with the investment of the assets 25.35 of the retirement fund other than investment security 25.36 transaction costs. Other administrative expenses are all 26.1 expenses incurred by or on behalf of the retirement fund for all 26.2 other retirement fund functions other than the investment of 26.3 retirement fund assets. Investment and other administrative 26.4 expenses must be accounted for using generally accepted 26.5 accounting principles and in a manner consistent with the 26.6 comprehensive annual financial report of the teachers retirement 26.7 fund association for the immediately previous fiscal year under 26.8 section 356.20. 26.9 (c) Supplemental administrative expenses other than 26.10 investment expenses of a first class city teacher retirement 26.11 fund association are those expenses for the fiscal year that: 26.12 (1) exceed, for the St. Paul Teachers Retirement Fund 26.13 Association $443,745, or for the Minneapolis Teacher Retirement 26.14 Fund Association$671,513$428,381, plus, in each case, an 26.15 additional amount derived by applying the percentage increase in 26.16 the Consumer Price Index for Urban Wage Earners and Clerical 26.17 Workers All Items Index published by the Bureau of Labor 26.18 Statistics of the United States Department of Labor since July 26.19 1,20012004, to the applicable dollar amount; and 26.20 (2) for the St. Paul Teachers Retirement Fund Association 26.21 only, exceed the amount computed by applying the most recent 26.22 percentage of pay administrative expense amount, other than 26.23 investment expenses, for the teachers retirement association 26.24 governed by chapter 354 to the covered payroll of the respective 26.25 teachers retirement fund association for the fiscal year. 26.26 (d) The board of trustees of each first class city teachers 26.27 retirement fund association shall allocate the total dollar 26.28 amount of supplemental administrative expenses other than 26.29 investment expenses determined under paragraph (c), clause (2),26.30 among the various active and retired membership groups of the 26.31 teachers retirement fund association and shall assess the 26.32 various membership groups their respective share of the 26.33 supplemental administrative expenses other than investment 26.34 expenses, in amounts determined by the board of trustees. The 26.35 supplemental administrative expense assessments must be paid by 26.36 the membership group in a manner determined by the board of 27.1 trustees of the respective teachers retirement association. 27.2 Supplemental administrative expenses payable by the active 27.3 members of the pension plan must be picked up by the employer in 27.4 accordance with section 356.62. 27.5 (e) With respect to the St. Paul Teachers Retirement Fund 27.6 Association, the supplemental administrative expense assessment 27.7 must be fully disclosed to the various active and retired 27.8 membership groups of the teachers retirement fund association. 27.9 The chief administrative officer of the St. Paul Teachers 27.10 Retirement Fund Association shall prepare a supplemental 27.11 administrative expense assessment disclosure notice, which must 27.12 include the following: 27.13 (1) the total amount of administrative expenses of the St. 27.14 Paul Teachers Retirement Fund Association, the amount of the 27.15 investment expenses of the St. Paul Teachers Retirement Fund 27.16 Association, and the net remaining amount of administrative 27.17 expenses of the St. Paul Teachers Retirement Fund Association; 27.18 (2) the amount of administrative expenses for the St. Paul 27.19 Teachers Retirement Fund Association that would be equivalent to 27.20 the teachers retirement association noninvestment administrative 27.21 expense level described in paragraph (c); 27.22 (3) the total amount of supplemental administrative 27.23 expenses required for assessment calculated under paragraph (c); 27.24 (4) the portion of the total amount of the supplemental 27.25 administrative expense assessment allocated to each membership 27.26 group and the rationale for that allocation; 27.27 (5) the manner of collecting the supplemental 27.28 administrative expense assessment from each membership group, 27.29 the number of assessment payments required during the year, and 27.30 the amount of each payment or the procedure used to determine 27.31 each payment; and 27.32 (6) any other information that the chief administrative 27.33 officer determines is necessary to fairly portray the manner in 27.34 which the supplemental administrative expense assessment was 27.35 determined and allocated. 27.36 (f) The disclosure notice must be provided annually in the 28.1 annual report of the association. 28.2 (g) The supplemental administrative expense assessments 28.3 must be deposited in the applicable teachers retirement fund 28.4 upon receipt. 28.5 (h) Any omitted active membership group assessments that 28.6 remain undeducted and unpaid to the teachers retirement fund 28.7 association for 90 days must be paid by the respective school 28.8 district. The school district may recover any omitted active 28.9 membership group assessment amounts that it has previously 28.10 paid. The teachers retirement fund association shall deduct any 28.11 omitted retired membership group assessment amounts from the 28.12 benefits next payable after the discovery of the omitted amounts. 28.13 Sec. 43. [354A.121] [INVESTMENT PROCEDURES FOR STATE AID 28.14 TO MINNEAPOLIS TEACHERS RETIREMENT PLAN.] 28.15 (a) Notwithstanding any provision of law to the contrary, 28.16 special direct state aid to the Minneapolis Teachers Retirement 28.17 Fund Association under section 354A.12, subdivision 3a or 3b, 28.18 and amortization or supplementary amortization state aid 28.19 reallocated to the Minneapolis Teachers Retirement Fund 28.20 Association, must be transferred and invested as provided in 28.21 this section. 28.22 (b) State aid for the Minneapolis Teachers Retirement Fund 28.23 Association referenced in paragraph (a) must be transferred to 28.24 the executive director of the State Board of Investment for 28.25 investment in the Minnesota supplemental investment fund. The 28.26 Minneapolis Teachers Retirement Fund Association state aid 28.27 amounts and any investment return obtained on those amounts must 28.28 be invested in the income share account unless the executive 28.29 director of the State Board of Investment, after appropriate 28.30 consultation with the board of trustees of the Minneapolis 28.31 Teachers Retirement Fund Association, determines that the amount 28.32 should be invested in a different account. The executive 28.33 director of the State Board of Investment, after appropriate 28.34 consultation with the board, may transfer amounts between 28.35 accounts in the Minnesota supplemental investment fund. 28.36 (c) If the assets of the Minneapolis teachers retirement 29.1 fund other than the assets to the credit of the Minneapolis 29.2 teachers retirement fund in the Minnesota supplemental 29.3 investment fund are insufficient to pay retirement annuities and 29.4 benefits that are due and payable or the reasonable and 29.5 necessary administrative expenses of the retirement plan that 29.6 are due and payable, the executive director of the State Board 29.7 of Investment shall transfer the required amount to meet that 29.8 insufficiency to the chief administrative officer of the 29.9 Minneapolis Teachers Retirement Fund Association. 29.10 (d) For purposes of annual actuarial valuations and annual 29.11 financial reports, the shares in the Minnesota supplemental 29.12 investment fund owned by the Minneapolis teachers retirement 29.13 fund must be considered an asset of the Minneapolis teachers 29.14 retirement fund. 29.15 Sec. 44. Minnesota Statutes 2002, section 354A.28, 29.16 subdivision 9, is amended to read: 29.17 Subd. 9. [ADDITIONAL INCREASE.] (a) In addition to the 29.18 postretirement increases granted under subdivision 8, an 29.19 additional percentage increasemust be computed and paidis 29.20 payable under this subdivision. 29.21 (b) The board of trustees shall determine the number of 29.22annuitiesannuitants or benefit recipients who have been 29.23 receiving an annuity or benefit for at least 12 months as of the 29.24 current June 30 in total, for the coordinated program, and for 29.25 the basic program. These recipients are entitled to receive the 29.26surplus investment earningsadditional postretirement increase. 29.27 (c)Annually, on June 30, the board of trustees of the29.28teachers retirement fund association shall determine the amount29.29of reserves in the annuity reserve fund as specified in29.30subdivision 6.29.31(d)Annually, on June 30, the board of trustees of the 29.32 Minneapolis Teachers Retirement Fund Association shall determine 29.33 thefive-year annualized rate of return attributable to the29.34assets in the annuity reserve fund under the formula or formulas29.35specified in section 11A.04, clause (11)percentage increase 29.36 granted to eligible retirees of the teachers retirement 30.1 association on the prior January 1, under section 11A.18, 30.2 subdivision 9, paragraph (c). 30.3(e) The board of trustees shall determine the amount of30.4excess five-year annualized rate of return over the30.5preretirement interest assumption as specified in section30.6356.215.30.7(f)(d) The additional increasemust be determined by30.8multiplying the quantity one minus the rate of contribution30.9deficiency, as specified in the most recent actuarial report of30.10the actuary retained by the legislative commission on pensions30.11and retirement, times the rate of return excess as determined in30.12paragraph (e)for annuitants or benefit recipients of the 30.13 coordinated program is the percentage rate determined under 30.14 paragraph (c) and, if the Minneapolis Teachers Retirement Fund 30.15 Association has a funding ratio of at least 100 percent, the 30.16 additional increase for annuitants or benefit recipients of the 30.17 basic program is the percentage rate determined under paragraph 30.18 (c). 30.19(g)(e) The additional increase is payable to all eligible 30.20 annuitants or benefit recipients on January 1 following the June 30.21 30 determination date under paragraphs (c) and (d). 30.22 Sec. 45. Laws 2003, First Special Session, chapter 11, 30.23 article 3, section 13, subdivision 1, is amended to read: 30.24 Subdivision 1. [CONSERVATION IMPROVEMENT PROGRAM; GENERAL 30.25 EVALUATION.] (a)The commissioner of commerce shall contract30.26withAt the direction of the legislative audit commission, the 30.27 legislative auditoror other independent third party forshall 30.28 conduct a review of: 30.29 (1) the cost-effectiveness of the conservation improvement 30.30 program, Minnesota Statutes, section 216B.241; 30.31 (2) the relevant state statutes, to determine if 30.32 conservation requirements could be eliminated or modified to 30.33 ensure that conservation dollars are directed toward the most 30.34 cost-effective conservation investments; 30.35(2)(3) the relevant state rules, to determine if current 30.36 rules allow or facilitate optimum conservation practices and 31.1 procedures; and 31.2(3)(4) the department of commerce's conservation 31.3 regulatory processes, to determine if the regulatory review 31.4 process currently employed results in optimum conservation 31.5 investments. 31.6 (b) Thecosts of the review under paragraph (a) may be31.7recovered by the departmentcommissioner of commerce shall 31.8 assess $100,000 as a general administrative expense under 31.9 Minnesota Statutes, section 216C.052, subdivision 2, and 31.10 transfer these funds to the office of the legislative auditor by 31.11 September 1, 2004. The amount assessed under this paragraph is 31.12 appropriated to the office of the legislative auditor to conduct 31.13 the review and to contract for technical assistance needed by 31.14 the legislative auditor for the review. 31.15 Sec. 46. [STATE LOTTERY; UNCLAIMED PRIZE MONEY; TRANSFER.] 31.16 The director of the state lottery, in consultation with the 31.17 commissioner of finance, shall determine how much money is still 31.18 available of the prize money that was considered unclaimed under 31.19 Minnesota Statutes, section 349A.08, subdivision 5, and that was 31.20 not committed to the prize of a lottery game under that section 31.21 before the 2004 fiscal year. The director of the state lottery 31.22 shall transfer all available prize money to the general fund. 31.23 Sec. 47. [SALE OF STATE LAND.] 31.24 Subdivision 1. [STATE LAND SALES.] The commissioner of 31.25 administration shall coordinate with the head of each department 31.26 or agency having control of state-owned land to identify and 31.27 sell at least $6,210,000 of state-owned land before June 30, 31.28 2005, and an additional $6,000,000 by June 30, 2007. Sales 31.29 should be completed according to law and as provided in this 31.30 section. Sales required by this section are in addition to 31.31 sales required by laws enacted in 2003. Notwithstanding 31.32 Minnesota Statutes, sections 94.09 and 94.10, or any other law 31.33 to the contrary, the commissioner may offer land for public sale 31.34 by only providing notice of lands or an offer of sale of lands 31.35 to state departments or agencies, the University of Minnesota, 31.36 cities, counties, towns, school districts, or other public 32.1 entities. 32.2 Subd. 2. [ANTICIPATED SAVINGS.] Notwithstanding Minnesota 32.3 Statutes, section 94.16, subdivision 3, or other law to the 32.4 contrary, the amount of the proceeds from the sale of land under 32.5 this section that exceeds the actual expenses of selling the 32.6 land must be deposited in the general fund, except as otherwise 32.7 provided by the commissioner of finance. Notwithstanding 32.8 Minnesota Statutes, section 94.11, the commissioner of finance 32.9 may establish the timing of payments for land purchased under 32.10 this section. If the total of all money deposited into the 32.11 general fund from the proceeds of the sale of land under this 32.12 section is anticipated to be less than $6,210,000 in fiscal year 32.13 2005 and $6,000,000 in fiscal years 2006 and 2007, the governor 32.14 must allocate the amount of the difference as reductions to 32.15 general fund operating expenditures for other executive agencies. 32.16 Subd. 3. [REVOLVING LOAN FUND.] $192,200 is appropriated 32.17 from the general fund in fiscal year 2005 and an additional 32.18 $200,000 for the period ending June 30, 2007, to the 32.19 commissioner of administration for purposes of paying the actual 32.20 expenses of selling state-owned lands to achieve the anticipated 32.21 savings required in this section. From the gross proceeds of 32.22 land sales under this section, the commissioner of 32.23 administration must cancel the amount of the appropriation in 32.24 this subdivision to the general fund by June 30, 2005. 32.25 Sec. 48. [BUILDING RENTAL.] 32.26 (a) By July 1, 2004, the commissioner of administration 32.27 must issue a request for proposal seeking a person or entity to 32.28 lease the state-owned building at 168 Aurora Avenue in the city 32.29 of St. Paul. The request for proposal and the resulting lease 32.30 must specify that: 32.31 (1) the tenant will use the building to operate a day care 32.32 and after-school activity center; 32.33 (2) the tenant will make and pay for any improvements 32.34 needed to allow the building to be used as a day care and 32.35 after-school activity center; and 32.36 (3) the state may terminate the lease as required by law, 33.1 or within 60 days after passage of a new law requiring the state 33.2 to terminate the lease. 33.3 (b) The commissioner of administration must enter into a 33.4 lease with a person or entity responding to the request for 33.5 proposal who demonstrates willingness and ability to meet the 33.6 conditions in paragraph (a), clauses (1) to (3). The lease may 33.7 specify terms under which the state will reimburse the tenant 33.8 for a portion of the improvements the tenant makes to the 33.9 property at the conclusion of the lease. 33.10 Sec. 49. [REPAYMENT.] 33.11 If the commissioner of administration is required to repay 33.12 the energy assessment account in the special revenue fund 33.13 because certain expenditures from the account did not comply 33.14 with law, the commissioner must make the repayment from previous 33.15 general fund appropriations to the Department of 33.16 Administration. Any reductions in complement resulting from 33.17 this repayment must come from unclassified management positions. 33.18 Sec. 50. [RESTRICTIONS ON DEMOLITION.] 33.19 No state money may be used for demolition of the Ford 33.20 Building at 117 University Avenue, Saint Paul, unless: 33.21 (1) the commissioner of administration makes reasonable 33.22 efforts to attempt to lease or transfer ownership of the 33.23 building to a person or entity that will preserve the historic 33.24 features of the building at no cost to the state; and 33.25 (2) the commissioner reports to the chairs of the senate 33.26 Finance Committee and the house Capital Investment Committee on 33.27 what efforts were made to lease or transfer ownership and why 33.28 these efforts were not successful. 33.29 Sec. 51. [COMMISSIONER'S RECOMMENDATIONS ON FEE ACCOUNTS.] 33.30 By January 2, 2005, the commissioner of finance must report 33.31 to the Finance Committee of the senate and the Ways and Means 33.32 Committee of the house of representatives on the different 33.33 procedures for accounting for and appropriating licensing fee 33.34 revenue, and must make recommendations for consistent treatment 33.35 of that fee revenue. 33.36 Sec. 52. [APPROPRIATION FOR ASSISTIVE TECHNOLOGY.] 34.1 $200,000 is appropriated from the general fund to the 34.2 commissioner of administration for a grant to Assistive 34.3 Technology of Minnesota as follows: 34.4 (1) $150,000 to administer a microloan program to support 34.5 the purchase of equipment and devices for people with 34.6 disabilities and their families and employers; and 34.7 (2) $50,000 to develop the access to telework program. 34.8 The appropriation is available until July 1, 2005. 34.9 Sec. 53. [REIMBURSEMENT.] 34.10 The commissioner of finance, in consultation with the Mower 34.11 County attorney, must determine: 34.12 (1) the costs to Mower County related to the charges Mower 34.13 County brought against the American Bankers Insurance Company; 34.14 and 34.15 (2) the amount Mower County received from American Bankers 34.16 Insurance Company in connection with settlement of charges 34.17 brought against the company. 34.18 If the amount in clause (2) is greater than the amount in 34.19 clause (1), Mower County must remit the excess to the 34.20 commissioner of finance for deposit in the state general fund. 34.21 Sec. 54. [REPEALER.] 34.22 (a) Minnesota Statutes 2003 Supplement, section 16A.151, 34.23 subdivision 5, is repealed. 34.24 (b) Minnesota Statutes 2002, section 349.2127, subdivision 34.25 9, is repealed. 34.26 Sec. 55. [EFFECTIVE DATE.] 34.27 (a) Unless otherwise specified, sections 1 to 29 and 37 to 34.28 44 are effective the day following final enactment. 34.29 (b) Sections 38 to 44 are effective July 1, 2004. 34.30 ARTICLE 2 34.31 STATE BUDGET PROCESS 34.32 Section 1. Minnesota Statutes 2002, section 3.23, is 34.33 amended to read: 34.34 3.23 [APPROPRIATIONS.] 34.35 Astandingstatutory appropriation, within the meaning of 34.36 this section and section 3.24, is one which sets apart a 35.1 specified or unspecified and open amount of public money or 35.2 funds of the state general fund for expenditure for a purpose 35.3 and makes the amount, or a part of it, available for use 35.4 continuouslyand at a time more distant thanfor a period of 35.5 time beyond the end of the second fiscal year after the session 35.6 of the legislature at which the appropriation is made. 35.7 Every appropriation stated to be an "annual appropriation," 35.8 "payable annually," "appropriated annually," or "annually 35.9 appropriated," and every appropriation described by equivalent 35.10 terms or language is astandingstatutory appropriation as 35.11 defined in this section. 35.12 Sec. 2. Minnesota Statutes 2002, section 3.98, subdivision 35.13 3, is amended to read: 35.14 Subd. 3. [DISTRIBUTION.] A copy of the fiscal note shall 35.15 be delivered to the chair of theAppropriationsWays and Means 35.16 Committee of the house of representatives, the chair of the 35.17 Finance Committee of the senate, the chair of the standing 35.18 committee to which the bill has been referred, to the chief 35.19 author of the bill and to the commissioner of finance. 35.20 Sec. 3. Minnesota Statutes 2002, section 15.16, 35.21 subdivision 5, is amended to read: 35.22 Subd. 5. [OBTAINING RECOMMENDATION.] No control of 35.23 state-owned lands may be transferred between state departments 35.24 or agencies without the departments or agencies first consulting 35.25 the chairs of the senate Finance Committee and house of 35.26 representativesAppropriationsWays and Means Committee and 35.27 obtaining their recommendations. The recommendations are 35.28 advisory only. Failure to obtain a prompt recommendation is 35.29 deemed a negative recommendation. 35.30 Sec. 4. Minnesota Statutes 2003 Supplement, section 35.31 16A.102, subdivision 1, is amended to read: 35.32 Subdivision 1. [GOVERNOR'S RECOMMENDATION.] (a) By the 35.33 date specified in section 16A.11, subdivision 1, for submission 35.34 of parts one and two of the governor's budget, the governor 35.35 shall submit to the legislature a recommended revenue target for 35.36 the next two bienniums. 36.1 (b) The recommended revenue target must specify: 36.2 (1) the maximum share of Minnesota personal income to be 36.3 collected in taxes and other revenues to pay for state and local 36.4 government services; and 36.5 (2) the division of the share between state and local 36.6 government revenues; and36.7(3) the mix and rates of income, sales, and other state and36.8local taxes including property taxes and other revenues. 36.9 (c) The recommendations must be based on the November 36.10 forecast prepared under section 16A.103. 36.11 Sec. 5. Minnesota Statutes 2002, section 16A.102, 36.12 subdivision 2, is amended to read: 36.13 Subd. 2. [LEGISLATIVE BUDGET RESOLUTION.] (a) By March 15 36.14 of each odd-numbered year, the legislature shall by concurrent 36.15 resolution adopt revenue targets for the next two bienniums. 36.16 (b) The resolution must specify: 36.17 (1) the maximum share of Minnesota personal income to be 36.18 collected in taxes and other revenues to pay for state and local 36.19 government services; and 36.20 (2) the division of the share between state and local 36.21 government services; and36.22(3) the mix and rates of income, sales, and other state and36.23local taxes including property taxes and other revenues. 36.24 (c) The resolution must be based on the February forecast 36.25 prepared under section 16A.103 and take into consideration the 36.26 revenue targets recommended by the governor under subdivision 1. 36.27 Sec. 6. Minnesota Statutes 2002, section 16A.102, is 36.28 amended by adding a subdivision to read: 36.29 Subd. 4. [REPORTING INFORMATION.] When updated information 36.30 is available at the time of a state revenue and expenditure 36.31 forecast as specified in section 16A.103, subdivision 1, and 36.32 after the completion of a legislative session, the Department of 36.33 Finance must report on revenue relative to personal income as 36.34 specified in subdivision 1. 36.35 Sec. 7. Minnesota Statutes 2002, section 16A.641, 36.36 subdivision 2, is amended to read: 37.1 Subd. 2. [REPORT.] Before a sale of general obligation 37.2 bonds, the commissioner shall report the amount of bonds to be 37.3 issued and a detailed list of the projects or a statement of the 37.4 program to be financed to the chairs of the houseAppropriations37.5 Ways and Means and Tax Committees and of the senate Finance and 37.6 Tax Committees, and the minority leaders of the house and 37.7 senate, for their advisory recommendation. The recommendation 37.8 is positive if not received within ten days. 37.9 Sec. 8. Minnesota Statutes 2002, section 16B.24, 37.10 subdivision 3, is amended to read: 37.11 Subd. 3. [DISPOSAL OF OLD BUILDINGS.] The commissioner, 37.12 upon request of the head of an agency which has control of a 37.13 state-owned building which is no longer used or which is a fire 37.14 or safety hazard, shall, after obtaining approval of the chairs 37.15 of the senate Finance Committee and house of 37.16 representativesAppropriationsWays and Means Committee, sell, 37.17 wreck, or otherwise dispose of the building. In the event a 37.18 sale is made the proceeds shall be deposited in the proper 37.19 account or in the general fund. 37.20 Sec. 9. Minnesota Statutes 2002, section 16B.31, 37.21 subdivision 3, is amended to read: 37.22 Subd. 3. [FEDERAL AID.] (a) [APPLICATION FOR AID.] The 37.23 commissioner, or any other agency to whom an appropriation is 37.24 made for a capital improvement, shall apply for the maximum 37.25 federal share for each project. 37.26 (b) [ACCEPTANCE OF AID.] The commissioner is the state 37.27 agency empowered to accept money provided for or made available 37.28 to this state by the United States of America or any federal 37.29 department or agency for the construction and equipping of any 37.30 building for state purposes not otherwise provided for by law, 37.31 other than University of Minnesota buildings, in accordance with 37.32 the provisions of federal law and any rules or regulations 37.33 promulgated under federal law. The commissioner may do whatever 37.34 is required of this state by federal law, rules, and regulations 37.35 in order to obtain the federal money. 37.36 (c) [FEDERAL FUNDS CONSIDERED PART OF APPROPRIATION.] The 38.1 commissioner may after consultation with the chairs of the 38.2 senate Finance Committee and house of representatives 38.3AppropriationsWays and Means Committee, adopt a plan, provide 38.4 for an improvement, or construct a building that contemplates 38.5 expenditure for its completion of more money than the 38.6 appropriation for it, if the excess money is provided by the 38.7 United States government and granted to the state of Minnesota 38.8 under federal law or any rule or regulation promulgated under 38.9 federal law. This federal money, for the purpose of this 38.10 section, is a part of the appropriation for the project. 38.11 (d) [DELAYED FEDERAL MONEY.] If an amount is payable to a 38.12 creditor of the state from a project account which is financed 38.13 partly with federal money and the project is included in 38.14 appropriations made to the commissioner for public buildings and 38.15 equipment, and the amount cannot be paid on time because of a 38.16 deficiency of money in the project account caused by a delay in 38.17 the receipt of federal money, the commissioner may provide money 38.18 needed to pay the amount by temporarily transferring the sum to 38.19 the project account from any other appropriation made to the 38.20 commissioner in the same act. Required money for a payment is 38.21 appropriated for that purpose. When the delayed federal money 38.22 is received, the commissioner shall have the amount of money 38.23 transferred returned to the account from which it came. 38.24 Sec. 10. Minnesota Statutes 2003 Supplement, section 38.25 84.026, is amended to read: 38.26 84.026 [CONTRACTS AND GRANTS FOR PROVISION OF NATURAL 38.27 RESOURCES SERVICES.] 38.28 The commissioner of natural resources is authorized to 38.29 enter into contractual or grant agreements with any public or 38.30 private entity for the provision of statutorily prescribed 38.31 natural resources services by or for the department, including 38.32 renewable energy programs for school children under section 38.33 123B.02, subdivision 21. The contracts or grants shall specify 38.34 the services to be provided and the amount and method of 38.35 reimbursement. Funds generated in a contractual agreement made 38.36 pursuant to this section shall be deposited in the special 39.1 revenue fund and are appropriated to the department for purposes 39.2 of providing the services specified in the contracts. All 39.3 contractual and grant agreements shall be processed in 39.4 accordance with the provisions of section 16C.05. The 39.5 commissioner shall report revenues collected and expenditures 39.6 made under this section to the chairs of the Committees 39.7 onAppropriationsWays and Means in the house and Finance in the 39.8 senate by January 1 of each odd-numbered year. 39.9 Sec. 11. Minnesota Statutes 2002, section 85A.02, 39.10 subdivision 5a, is amended to read: 39.11 Subd. 5a. [EMPLOYEES.] (a) The board shall appoint an 39.12 administrator who shall serve as the executive secretary and 39.13 principal administrative officer of the board and, subject to 39.14 its approval, shall operate the Minnesota Zoological Garden and 39.15 enforce all rules and policy decisions of the board. The 39.16 administrator must be chosen solely on the basis of training, 39.17 experience, and other qualifications appropriate to the field of 39.18 zoo management and development. The board shall set the salary 39.19 of the administrator. The salary of the administrator may not 39.20 exceed 130 percent of the salary of the governor; however, any 39.21 amount exceeding 95 percent of the salary of the governor must 39.22 consist of nonstate funds. The administrator shall perform 39.23 duties assigned by the board and serves in the unclassified 39.24 service at the pleasure of the board. The administrator, with 39.25 the participation of the board, shall appoint a development 39.26 director in the unclassified service or contract with a 39.27 development consultant to establish mechanisms to foster 39.28 community participation in and community support for the 39.29 Minnesota Zoological Garden. The board may employ other 39.30 necessary professional, technical, and clerical personnel. 39.31 Employees of the zoological garden are eligible for salary 39.32 supplement in the same manner as employees of other state 39.33 agencies. The commissioner of finance shall determine the 39.34 amount of salary supplement based on available funds. 39.35 (b) The board may contract with individuals to perform 39.36 professional services and may contract for the purchases of 40.1 necessary species exhibits, supplies, services, and equipment. 40.2 The board may also contract for the construction and operation 40.3 of entertainment facilities on the zoo grounds that are not 40.4 directly connected to ordinary functions of the zoological 40.5 garden. The zoo board may not enter into a final agreement for 40.6 construction of an entertainment facility that is not directly 40.7 connected to the ordinary functions of the zoo until after final 40.8 construction plans have been submitted to the chairs of the 40.9 senate Finance and houseAppropriationsWays and Means 40.10 Committees for their recommendations. 40.11 The zoo may not contract for entertainment during the 40.12 period of the Minnesota State Fair that would directly compete 40.13 with entertainment at the Minnesota State Fair. 40.14 Sec. 12. Minnesota Statutes 2002, section 115A.557, 40.15 subdivision 4, is amended to read: 40.16 Subd. 4. [REPORT.] By July 1 of each odd-numbered year, 40.17 the director shall report on how the money was spent and the 40.18 resulting statewide improvements in solid waste management to 40.19 the house of representatives and senateAppropriationsWays and 40.20 Means, Finance, and Environment and Natural Resources 40.21 Committees, the Finance Division of the senate Committee on 40.22 Environment and Natural Resources, and the house of 40.23 representatives Committee on Environment and Natural Resources 40.24 Finance. The report shall be included in the report required 40.25 under section 115A.411. 40.26 Sec. 13. Minnesota Statutes 2003 Supplement, section 40.27 116J.966, subdivision 1, is amended to read: 40.28 Subdivision 1. [GENERALLY.] (a) The commissioner shall 40.29 promote, develop, and facilitate trade and foreign investment in 40.30 Minnesota. In furtherance of these goals, and in addition to 40.31 the powers granted by section 116J.035, the commissioner may: 40.32 (1) locate, develop, and promote international markets for 40.33 Minnesota products and services; 40.34 (2) arrange and lead trade missions to countries with 40.35 promising international markets for Minnesota goods, technology, 40.36 services, and agricultural products; 41.1 (3) promote Minnesota products and services at domestic and 41.2 international trade shows; 41.3 (4) organize, promote, and present domestic and 41.4 international trade shows featuring Minnesota products and 41.5 services; 41.6 (5) host trade delegations and assist foreign traders in 41.7 contacting appropriate Minnesota businesses and investments; 41.8 (6) develop contacts with Minnesota businesses and gather 41.9 and provide information to assist them in locating and 41.10 communicating with international trading or joint venture 41.11 counterparts; 41.12 (7) provide information, education, and counseling services 41.13 to Minnesota businesses regarding the economic, commercial, 41.14 legal, and cultural contexts of international trade; 41.15 (8) provide Minnesota businesses with international trade 41.16 leads and information about the availability and sources of 41.17 services relating to international trade, such as export 41.18 financing, licensing, freight forwarding, international 41.19 advertising, translation, and custom brokering; 41.20 (9) locate, attract, and promote foreign direct investment 41.21 and business development in Minnesota to enhance employment 41.22 opportunities in Minnesota; 41.23 (10) provide foreign businesses and investors desiring to 41.24 locate facilities in Minnesota information regarding sources of 41.25 governmental, legal, real estate, financial, and business 41.26 services; 41.27 (11) enter into contracts or other agreements with private 41.28 persons and public entities, including agreements to establish 41.29 and maintain offices and other types of representation in 41.30 foreign countries, to carry out the purposes of promoting 41.31 international trade and attracting investment from foreign 41.32 countries to Minnesota and to carry out this section, without 41.33 regard to section 16C.06; and 41.34 (12) market trade-related materials to businesses and 41.35 organizations, and the proceeds of which must be placed in a 41.36 special revolving account and are appropriated to the 42.1 commissioner to prepare and distribute trade-related materials. 42.2 (b) The programs and activities of the commissioner of 42.3 employment and economic development and the Minnesota Trade 42.4 Division may not duplicate programs and activities of the 42.5 commissioner of agriculture or the Minnesota World Trade Center. 42.6 (c) The commissioner shall notify the chairs of the senate 42.7 Finance and houseAppropriationsWays and Means Committees of 42.8 each agreement under this subdivision to establish and maintain 42.9 an office or other type of representation in a foreign country. 42.10 Sec. 14. Minnesota Statutes 2002, section 116O.071, 42.11 subdivision 3, is amended to read: 42.12 Subd. 3. [AUTHORITY TO PERFORM REQUESTED EVALUATIONS.] The 42.13 governor, speaker of the house of representatives, house of 42.14 representatives minority leader, senate majority leader, senate 42.15 minority leader, chair of the house of representatives 42.16AppropriationsWays and Means Committee, chair of the senate 42.17 Finance Committee, director, or a member of the legislature 42.18 considering the introduction or approval of legislation 42.19 containing funding for scientifically and technologically 42.20 related research and development may request the corporation to 42.21 evaluate a loan or grant made or to be made or the proposed 42.22 legislation for funding scientifically and technologically 42.23 related research and development to determine (1) whether it 42.24 complies with the guidelines required by subdivision 1, clause 42.25 (1), item (ii); (2) whether it is technically feasible; and (3) 42.26 for development proposals, whether the proposal appears to have 42.27 the potential for economic development. Ad hoc committees may 42.28 be appointed by the corporation. 42.29 Sec. 15. Minnesota Statutes 2002, section 116P.08, 42.30 subdivision 3, is amended to read: 42.31 Subd. 3. [STRATEGIC PLAN REQUIRED.] (a) The commission 42.32 shall adopt a strategic plan for making expenditures from the 42.33 trust fund, including identifying the priority areas for funding 42.34 for the next six years. The strategic plan must be updated 42.35 every two years. The plan is advisory only. The commission 42.36 shall submit the plan, as a recommendation, to the house of 43.1 representativesAppropriationsWays and Means and senate Finance 43.2 Committees by January 1 of each odd-numbered year. 43.3 (b) The commission may accept or modify the draft of the 43.4 strategic plan submitted to it by the advisory committee before 43.5 voting on the plan's adoption. 43.6 Sec. 16. Minnesota Statutes 2002, section 123B.02, is 43.7 amended by adding a subdivision to read: 43.8 Subd. 21. [WIND ENERGY CONVERSION SYSTEM.] The board may 43.9 acquire, own in whole or in part, operate, or sell energy from a 43.10 wind energy conservation system, as defined in section 216C.06, 43.11 subdivision 19. The board's share of proceeds from the sale of 43.12 any energy from the wind energy conservation system must not 43.13 exceed the sum of the district's total energy costs for the 43.14 preceding year, net of any maintenance and repair costs related 43.15 to the wind energy conservation system. A board owning, 43.16 operating, or selling energy from a wind energy conservation 43.17 system must integrate information about wind energy conservation 43.18 systems, developed in consultation with the Environmental 43.19 Education Advisory Board, in its educational programming. 43.20 [EFFECTIVE DATE.] This section is effective the day 43.21 following final enactment. 43.22 Sec. 17. Minnesota Statutes 2002, section 144.701, 43.23 subdivision 4, is amended to read: 43.24 Subd. 4. [FILING FEES.] Each report which is required to 43.25 be submitted to the commissioner of health under sections 43.26 144.695 to 144.703 and which is not submitted to a voluntary, 43.27 nonprofit reporting organization in accordance with section 43.28 144.702 shall be accompanied by a filing fee in an amount 43.29 prescribed by rule of the commissioner of health. Upon the 43.30 withdrawal of approval of a reporting organization, or the 43.31 decision of the commissioner to not renew a reporting 43.32 organization, fees collected under section 144.702 shall be 43.33 submitted to the commissioner. Fees received under this 43.34 subdivision shall be deposited in a revolving fund and are 43.35 appropriated to the commissioner of health for the purposes of 43.36 sections 144.695 to 144.703. The commissioner shall report the 44.1 termination or nonrenewal of the voluntary reporting 44.2 organization to the chair of the Health and Human Services 44.3Subdivision of the AppropriationsFinance Committee of the house 44.4 of representatives, to the chair of the Health and Human 44.5 Services Division of the Finance Committee of the senate, and 44.6 the commissioner of finance. 44.7 Sec. 18. Minnesota Statutes 2002, section 245.90, is 44.8 amended to read: 44.9 245.90 [COURT AWARDED FUNDS, DISPOSITION.] 44.10 The commissioner of human services shall notify the house 44.11AppropriationsWays and Means and senate Finance Committees of 44.12 the terms of any contractual arrangement entered into by the 44.13 commissioner and the attorney general, pursuant to an order of 44.14 any court of law, which provides for the receipt of funds by the 44.15 commissioner. 44.16 Any funds recovered or received by the commissioner 44.17 pursuant to an order of any court of law shall be placed in the 44.18 general fund. 44.19 Sec. 19. Minnesota Statutes 2002, section 270.063, 44.20 subdivision 1, is amended to read: 44.21 Subdivision 1. [APPROPRIATION.] For the purpose of 44.22 collecting delinquent state tax liabilities or debts as defined 44.23 in section 16D.02, subdivision 3, there is appropriated to the 44.24 commissioner of revenue an amount representing the cost of 44.25 collection by contract with collection agencies, revenue 44.26 departments of other states, or attorneys to enable the 44.27 commissioner to reimburse these agencies, departments, or 44.28 attorneys for this service. The commissioner shall report 44.29 quarterly on the status of this program to the chair of the 44.30 house Tax andAppropriationWays and Means Committees and senate 44.31 Tax and Finance Committees. 44.32 Sec. 20. Minnesota Statutes 2002, section 270.71, is 44.33 amended to read: 44.34 270.71 [ACQUISITION AND RESALE OF SEIZED PROPERTY.] 44.35 For the purpose of enabling the commissioner of revenue to 44.36 purchase or redeem seized property in which the state of 45.1 Minnesota has an interest arising from a lien for unpaid taxes, 45.2 or to provide for the operating costs of collection activities 45.3 of the Department of Revenue, there is appropriated to the 45.4 commissioner an amount representing the cost of such purchases, 45.5 redemptions, or collection activities. Seized property acquired 45.6 by the state of Minnesota to satisfy unpaid taxes shall be 45.7 resold by the commissioner. The commissioner shall preserve the 45.8 value of seized property while controlling it, including but not 45.9 limited to the procurement of insurance. For the purpose of 45.10 refunding the proceeds from the sale of levied or redeemed 45.11 property which are in excess of the actual tax liability plus 45.12 costs of acquiring the property, there is hereby created a 45.13 levied and redeemed property refund account in the agency fund. 45.14 All amounts deposited into this account are appropriated to the 45.15 commissioner of revenue. The commissioner shall report 45.16 quarterly on the status of this program to the chairs of the 45.17 house Taxes andAppropriationsWays and Means Committees and 45.18 senate Taxes and Tax Laws and Finance Committees. 45.19 ARTICLE 3 45.20 FAIR CAMPAIGN REFORM ACT 45.21 Section 1. [CITATION.] 45.22 This article may be cited as the Fair Campaign Reform Act. 45.23 Sec. 2. Minnesota Statutes 2002, section 10A.02, 45.24 subdivision 1, is amended to read: 45.25 Subdivision 1. [MEMBERSHIP.] The Campaign Finance and 45.26 Public Disclosure Board is composed ofsixnine members. The 45.27 governor must appoint the members with the advice and consent of 45.28 three-fifths of both the senate and the house of representatives 45.29 acting separately. If either house fails to confirm the 45.30 appointment of a board member within 45 legislative days after 45.31 appointment or by adjournment sine die, whichever occurs first, 45.32 the appointment terminates on the day following the 45th 45.33 legislative day or on adjournment sine die, whichever occurs 45.34 first. If either house votes not to confirm an appointment, the 45.35 appointment terminates on the day following the vote not to 45.36 confirm. Two members must be former members of the legislature 46.1 who support different political parties;twothree members must 46.2 be persons who have not been public officials, held any 46.3 political party office other than precinct delegate, or been 46.4 elected to public office for which party designation is required 46.5 by statute in the three years preceding the date of their 46.6 appointment; and the othertwofour members must support 46.7 different political parties. No more than three of the members 46.8 of the board may support the same political party. No member of 46.9 the board may currently serve as a lobbyist. 46.10 Sec. 3. Minnesota Statutes 2002, section 10A.02, 46.11 subdivision 2, is amended to read: 46.12 Subd. 2. [VACANCY; TERMS.] An appointment to fill a 46.13 vacancy is made only for the unexpired term of a member who is 46.14 being replaced and the appointee must meet the same stated 46.15 qualifications as the member being replaced. The membership 46.16 terms, compensation, and removal of members on the board are as 46.17 provided in section 15.0575, except that the extension of terms 46.18 and the filling of vacancies are subject to the advice and 46.19 consent of the legislature in the same manner as provided in 46.20 subdivision 1, and that the compensation for a member attending 46.21 an expedited hearing under section 10A.63 is $100 per day. 46.22 Sec. 4. Minnesota Statutes 2002, section 10A.02, 46.23 subdivision 3, is amended to read: 46.24 Subd. 3. [VOTE REQUIRED.] The concurring vote offoursix 46.25 members of the board is required to decide any matter before the 46.26 board. 46.27 Sec. 5. Minnesota Statutes 2002, section 10A.02, 46.28 subdivision 7, is amended to read: 46.29 Subd. 7. [POLITICAL ACTIVITY.] (a) All members and 46.30 employees of the board are subject to any provisions of law 46.31 regulating political activity by state employees. In addition, 46.32 no member or employee of the board may be a candidate for, or 46.33 holder of, (1) a national, state, congressional district, 46.34 legislative district, county, or precinct office in a political 46.35 party, or (2) an elected public officefor which party46.36designation is required by statute. 47.1 (b) A member or employee of the board must not serve on a 47.2 committee supporting or opposing a candidate or ballot question 47.3 and must not make a contribution to or solicit a contribution on 47.4 behalf of a candidate, political committee, political fund, 47.5 party unit, or ballot question. For purposes of this paragraph, 47.6 "candidate" includes a state candidate, as defined in section 47.7 10A.01, subdivision 10, and a local candidate, as defined in 47.8 section 211A.01, subdivision 3. 47.9 Sec. 6. Minnesota Statutes 2002, section 10A.02, 47.10 subdivision 11, is amended to read: 47.11 Subd. 11. [VIOLATIONS; ENFORCEMENT.] (a) The board may 47.12 investigate any alleged violation of this chapter. The board 47.13 must investigate any violation that is alleged in a written 47.14 complaint filed with the board and must within 30 days after the 47.15 filing of the complaint make a public finding of whether there 47.16 is probable cause to believe a violation has occurred, except 47.17 that if the complaint alleges a violation of section 10A.25 or 47.18 10A.27, the board must either enter a conciliation agreement or 47.19 make a public finding of whether there is probable cause, within 47.20 60 days after the filing of the complaint. The deadline for 47.21 action on a written complaint may be extended by majority vote 47.22 of the board. If the board extends the deadline for action on a 47.23 written complaint, the board shall (1) send to the complainant 47.24 by certified mail a summary of the board's action, and the 47.25 expected due date for action on the complaint; and (2) post a 47.26 summary of the board's action and the expected due date for 47.27 action on its official Web site. 47.28 (b) Within a reasonable time after beginning an 47.29 investigation of an individual or association, the board must 47.30 notify the individual or association of the fact of the 47.31 investigation. The board must not make a finding of whether 47.32 there is probable cause to believe a violation has occurred 47.33 without notifying the individual or association of the nature of 47.34 the allegations and affording an opportunity to answer those 47.35 allegations. 47.36 (c) Except as provided in paragraph (a), a hearing or 48.1 action of the board concerning a complaint or investigation 48.2 other than a finding concerning probable cause or a conciliation 48.3 agreement is confidential. Until the board makes a public 48.4 finding concerning probable cause or enters a conciliation 48.5 agreement: 48.6 (1) a member, employee, or agent of the board must not 48.7 disclose to an individual information obtained by that member, 48.8 employee, or agent concerning a complaint or investigation 48.9 except as required to carry out the investigation or take action 48.10 in the matter as authorized by this chapter; and 48.11 (2) an individual who discloses information contrary to 48.12 this subdivision is subject to a civil penalty imposed by the 48.13 board of up to $1,000. 48.14 Sec. 7. Minnesota Statutes 2002, section 10A.02, 48.15 subdivision 12, is amended to read: 48.16 Subd. 12. [ADVISORY OPINIONS.] (a) The board may issue and 48.17 publish advisory opinions on the requirements of this chapter or 48.18 chapter 211A or 211B based upon real or hypothetical 48.19 situations. An application for an advisory opinion may be made 48.20 only by an individual or association who wishes to use the 48.21 opinion to guide the individual's or the association's own 48.22 conduct. The board must issue written opinions on all such 48.23 questions submitted to it within 30 days after receipt of 48.24 written application, unless a majority of the board agrees to 48.25 extend the time limit. If the board extends the time limit for 48.26 issuing an advisory opinion, the board shall (1) send to the 48.27 individual or association requesting the opinion by certified 48.28 mail a summary of the board's action, and the expected due date 48.29 of the opinion; and (2) post a summary of the board's action and 48.30 the expected due date of the advisory opinion on its official 48.31 Web site. The posted summary must comply with paragraph (c). 48.32 (b) A written advisory opinion issued by the board is 48.33 binding on the board in a subsequent board proceeding concerning 48.34 the person making or covered by the request and is a defense in 48.35 a judicial proceeding that involves the subject matter of the 48.36 opinion and is brought against the person making or covered by 49.1 the request unless: 49.2 (1) the board has amended or revoked the opinion before the 49.3 initiation of the board or judicial proceeding, has notified the 49.4 person making or covered by the request of its action, and has 49.5 allowed at least 30 days for the person to do anything that 49.6 might be necessary to comply with the amended or revoked 49.7 opinion; 49.8 (2) the request has omitted or misstated material facts; or 49.9 (3) the person making or covered by the request has not 49.10 acted in good faith in reliance on the opinion. 49.11 (c) A request for an opinion and the opinion itself are 49.12 nonpublic data. The board, however, may publish an opinion or a 49.13 summary of an opinion, but may not include in the publication 49.14 the name of the requester, the name of a person covered by a 49.15 request from an agency or political subdivision, or any other 49.16 information that might identify the requester, unless the person 49.17 consents to the inclusion. 49.18 Sec. 8. [10A.61] [COMPLAINTS OF UNFAIR CAMPAIGN 49.19 PRACTICES.] 49.20 Subdivision 1. [ADMINISTRATIVE REMEDY; EXHAUSTION.] A 49.21 complaint alleging a violation of chapter 211A or 211B or 49.22 sections 383B.041 to 383B.058 must be filed with the board. The 49.23 complaint must be finally disposed of by the board, or a panel 49.24 of the board, before the alleged violation may be prosecuted by 49.25 a county attorney. 49.26 Subd. 2. [LIMITATION ON FILING.] The complaint must be 49.27 filed within one year after the occurrence of the act or failure 49.28 to act that is the subject of the complaint, except that if the 49.29 act or failure to act involves fraud, concealment, or 49.30 misrepresentation that could not be discovered during that 49.31 one-year period, the complaint may be filed within one year 49.32 after the fraud, concealment, or misrepresentation was 49.33 discovered. 49.34 Subd. 3. [FORM OF COMPLAINT.] The complaint must be in 49.35 writing, submitted under oath, and detail the factual basis for 49.36 the claim that a violation of law has occurred. The board may 50.1 prescribe the form of a complaint. 50.2 Subd. 4. [PROOF OF CLAIM.] The burden of proving the 50.3 allegations in the complaint is on the complainant. The 50.4 standard of proof of a violation of section 211B.06, relating to 50.5 false statements in paid political advertising or campaign 50.6 material, is clear and convincing evidence. The standard of 50.7 proof of any other violation of chapter 211A or 211B or sections 50.8 383B.041 to 383B.058 is a preponderance of the evidence. 50.9 Subd. 5. [FILING FEE; WAIVER.] (a) The complaint must be 50.10 accompanied by a filing fee of $50, unless filed by a filing 50.11 officer under section 211A.05, subdivision 2. 50.12 (b) The board may waive the payment of the filing fee. An 50.13 individual seeking a waiver of the fee must file with the board 50.14 an affidavit stating that the individual is financially unable 50.15 to pay the fee because the individual is receiving public 50.16 assistance or has an annual income not greater than 125 percent 50.17 of the poverty line established under United States Code, title 50.18 42, section 9902(2), or because of another good and sufficient 50.19 reason. 50.20 Subd. 6. [REQUEST TO EXPEDITE.] If the complaint is filed 50.21 within 60 days before the primary or special election, or within 50.22 90 days before the general election to which the complaint 50.23 relates, the complainant may file with the board a request for 50.24 an expedited hearing under section 10A.63. 50.25 Subd. 7. [SERVICE ON RESPONDENT.] Upon receipt of the 50.26 filed complaint, the board must serve a copy of the complaint on 50.27 the respondent. 50.28 Sec. 9. [10A.62] [REVIEW BY EXECUTIVE DIRECTOR.] 50.29 Subdivision 1. [TIME FOR REVIEW.] When practicable, within 50.30 one business day after the complaint was filed with the board, 50.31 but not longer than three business days, the executive director 50.32 must review the complaint and make a recommendation to the board 50.33 for its disposition. 50.34 Subd. 2. [RECOMMENDATION.] (a) If the executive director 50.35 determines that the complaint does not set forth a prima facie 50.36 violation of chapter 211A or 211B or sections 383B.041 to 51.1 383B.058, the recommendation must be to dismiss the complaint. 51.2 The board may dismiss the complaint without a hearing, as 51.3 provided in section 10A.65, subdivision 2. 51.4 (b) If the executive director determines that the complaint 51.5 sets forth a prima facie violation of section 211B.06 and that 51.6 the complaint was filed within 60 days before the primary or 51.7 special election or within 90 days before the general election 51.8 to which the complaint relates, the recommendation must be that 51.9 the complaint receive an expedited hearing under section 10A.63. 51.10 (c) If the executive director determines that the complaint 51.11 sets forth a prima facie violation of a provision of chapter 51.12 211A or 211B, other than section 211B.06, or sections 383B.041 51.13 to 383B.058, and that the complaint was filed within 60 days 51.14 before the primary or special election or within 90 days before 51.15 the general election to which the complaint relates, the 51.16 executive director may recommend that the complaint receive an 51.17 expedited hearing under section 10A.63. If the complaint was 51.18 accompanied by a request from the complainant for an expedited 51.19 hearing, the executive director must note the request along with 51.20 the recommendation. In making the recommendation for an 51.21 expedited hearing, the executive director must consider the 51.22 gravity and urgency of the complaint and the number of 51.23 complaints pending before panels of the board. 51.24 (d) If the complaint is not disposed of under paragraphs 51.25 (a) to (c), the executive director must recommend that it be 51.26 heard by the board under section 10A.64. 51.27 Subd. 3. [NOTICE TO PARTIES.] The board must notify all 51.28 parties to the complaint of the recommendation made under 51.29 subdivision 2 and that the respondent may submit evidence for 51.30 consideration by the board or a panel of the board. 51.31 Subd. 4. [JOINDER AND SEPARATION OF COMPLAINTS.] The 51.32 executive director may join two or more complaints if the 51.33 executive director determines that the allegations in each 51.34 complaint are of the same or similar character, are based on the 51.35 same act or failure to act, or are based on two or more acts or 51.36 failures to act constituting parts of a common scheme or plan. 52.1 If one complaint contains two or more allegations, the executive 52.2 director may separate the allegations if they are not of the 52.3 same or similar character, if they are not based on the same act 52.4 or failure to act, or if they are not based on two or more acts 52.5 or failures to act constituting parts of a common scheme or 52.6 plan. If the executive director separates the allegations in a 52.7 complaint, the executive director may make separate 52.8 recommendations under subdivision 2 for each allegation. 52.9 Sec. 10. [10A.63] [EXPEDITED HEARING.] 52.10 Subdivision 1. [ACTION ON RECOMMENDATION.] If the 52.11 executive director has recommended under section 10A.62, 52.12 subdivision 2, paragraph (b), that the complaint receive an 52.13 expedited hearing, the board chair must schedule it for an 52.14 expedited hearing. If the executive director has recommended 52.15 under section 10A.62, subdivision 2, paragraph (c), that the 52.16 complaint receive an expedited hearing, or if the executive 52.17 director has recommended under section 10A.62, subdivision 2, 52.18 paragraph (d), that the complaint be heard by the board without 52.19 an expedited hearing, the recommendation must be submitted to 52.20 all the members of the board. The board chair, or any three 52.21 other members of the board, may instruct the executive director 52.22 to schedule it for an expedited hearing. 52.23 Subd. 2. [APPOINTMENT OF PANEL.] The board chair must 52.24 select by lot a panel of at least three members of the board, no 52.25 more than half of whom support the same political party, to hear 52.26 the complaint and determine whether there is probable cause to 52.27 refer the complaint to the full board for a hearing under 52.28 section 10A.64. 52.29 Subd. 3. [HEARING.] The panel must hold one expedited 52.30 public hearing on the complaint no later than two business days 52.31 after the executive director made the recommendation for an 52.32 expedited hearing, except that for good cause the panel may hold 52.33 the hearing no later than seven days after the executive 52.34 director made the recommendation. This deadline may be extended 52.35 by agreement of all parties to the complaint, but the hearing 52.36 must be held not later than 90 days after the complaint was 53.1 filed. The hearing may be conducted by a conference telephone 53.2 call that meets all the requirements of section 13D.02 for 53.3 public meetings by interactive television, except that it need 53.4 not meet the requirement that participants be able to see each 53.5 other. All members of the panel must be present, either in 53.6 person or by electronic means, before any official action may be 53.7 taken. The respondent may submit a response, including 53.8 supporting affidavits and documentation, for consideration by 53.9 the panel. A vote of a majority of all members of the panel is 53.10 required for any official action. 53.11 Subd. 4. [DISPOSITION.] At the expedited hearing, the 53.12 panel must make only one of the following determinations: 53.13 (a) There is no probable cause to believe that the 53.14 violation of law alleged in the complaint has occurred. If the 53.15 panel so determines by a unanimous vote of all the members, it 53.16 must dismiss the complaint. If the vote to dismiss is not 53.17 unanimous, the panel must forward the complaint to the board for 53.18 dismissal under section 10A.65, subdivision 2. 53.19 (b) There is probable cause to believe that the violation 53.20 of law alleged in the complaint has occurred. If the panel so 53.21 determines, it must refer the complaint to the board. The board 53.22 must hear the complaint under section 10A.64 within ten days 53.23 after the panel referred the complaint to it. 53.24 (c) The evidence is insufficient for the panel to make a 53.25 determination under paragraph (a) or (b) and further 53.26 investigation of the complaint is necessary. If the panel 53.27 requests an investigation, it may consider the results of the 53.28 investigation or it may refer the complaint to the board and the 53.29 board must hold a hearing under section 10A.64. 53.30 Subd. 5. [RECONSIDERATION BY ENTIRE BOARD.] (a) If the 53.31 panel dismisses the complaint, the panel shall provide to the 53.32 complainant written notice of: (i) the right to seek 53.33 reconsideration of the panel's decision by the entire board, 53.34 under section 10A.64; and (ii) the cost-shifting and 53.35 fee-shifting provisions of paragraph (c). 53.36 (b) A petition for reconsideration must be filed within two 54.1 business days after the dismissal. The board must render its 54.2 decision on the petition within three business days after 54.3 receiving the petition. If the petition for reconsideration is 54.4 granted, the board must hear the complaint under section 10A.64 54.5 within five business days after granting the petition. 54.6 (c) If the petition for reconsideration is not granted, the 54.7 board may order the complainant who filed the petition to pay: 54.8 (i) to the respondent, reasonable attorney fees for legal costs 54.9 incurred following the panel's decision; and (ii) to the general 54.10 fund, the costs of the panel that dismissed the complaint as 54.11 determined by the board. 54.12 Sec. 11. [10A.64] [HEARING BY BOARD.] 54.13 Subdivision 1. [REVIEW BY BOARD.] The board must review 54.14 each complaint referred to it by the executive director under 54.15 section 10A.62 or by a panel under section 10A.63. The board 54.16 may dismiss the complaint under section 10A.65, subdivision 2. 54.17 If the board decides that the evidence is insufficient for it to 54.18 determine whether the violation alleged in the complaint has 54.19 occurred, the board may request an investigation. 54.20 Subd. 2. [DEADLINE FOR HEARING.] Unless dismissed, or 54.21 expedited under section 10A.63, the board must hold its first 54.22 hearing on each complaint within the following times: 54.23 (1) 30 days after the complaint was filed, if the complaint 54.24 was filed within 60 days before the primary or special election 54.25 or within 90 days before the general election to which the 54.26 complaint relates; or 54.27 (2) 90 days after the complaint was filed, if it was filed 54.28 at any other time. 54.29 For good cause shown, the board may extend either of these 54.30 deadlines by 60 days. 54.31 Subd. 3. [HEARING.] The hearing must be conducted in 54.32 public. The respondent may submit a response, including 54.33 supporting affidavits and documentation, for consideration by 54.34 the board. 54.35 Subd. 4. [DISPOSITION OF COMPLAINT.] At or within 14 days 54.36 after the hearing, the board must determine whether the 55.1 violation alleged in the complaint occurred and must do one or 55.2 more of the following: 55.3 (a) The board may dismiss the complaint under section 55.4 10A.65, subdivision 2. 55.5 (b) The board may determine that the evidence is 55.6 insufficient for it to determine whether the violation alleged 55.7 in the complaint occurred and request that an investigation be 55.8 conducted as provided in subdivision 1. 55.9 (c) The board may issue a reprimand. 55.10 (d) The board may find that a statement made in a paid 55.11 advertisement or campaign material violated section 211B.06. 55.12 (e) The board may impose a civil penalty for any violation 55.13 of chapter 211A or 211B or sections 383B.041 to 383B.058. The 55.14 amount of the civil penalty imposed by the board may be up to 55.15 $3,000. 55.16 (f) The board may refer the complaint to the appropriate 55.17 county attorney for prosecution. 55.18 Subd. 5. [FILING FEE.] If the board finds under 55.19 subdivision 4, paragraph (d), that a statement violated section 55.20 211B.06, or if the board imposes a civil penalty under 55.21 subdivision 4, paragraph (e), the board must refund the filing 55.22 fee to the complainant and assess the amount of the filing fee 55.23 against the respondent. If the complaint was filed by a filing 55.24 officer under section 211A.05, subdivision 2, the board must 55.25 impose a filing fee on a respondent found in violation of 55.26 chapter 211A. 55.27 Sec. 12. [10A.65] [PROCEDURES.] 55.28 Subdivision 1. [WITHDRAWAL OF COMPLAINT.] At any time 55.29 before the hearing, a complainant may withdraw a complaint filed 55.30 under section 10A.61. After the hearing begins, a complaint 55.31 filed under section 10A.61 may only be withdrawn with the 55.32 permission of the board. 55.33 Subd. 2. [DISMISSAL OF COMPLAINT.] The board may at any 55.34 time dismiss a complaint filed under section 10A.61 that is 55.35 pending before it or before a panel of the board. If the board 55.36 determines that the complaint was frivolous, the board may order 56.1 the complainant to pay the respondent's reasonable attorney fees 56.2 and to pay the costs of the board as determined by the board. 56.3 Subd. 3. [OPEN MEETINGS.] While a complaint filed under 56.4 section 10A.61 is pending before the board or a panel of the 56.5 board, the members of the board must not discuss the complaint 56.6 with a party to the complaint, an attorney representing a party 56.7 to the complaint, or an investigator for the board except at a 56.8 meeting of the board subject to the Open Meeting Law, chapter 56.9 13D. The board, but not a panel of the board, may close a 56.10 meeting to deliberate on a complaint under section 10A.64, 56.11 subdivision 4. All votes must be made a part of the public 56.12 record and all proceedings on the complaint, except as provided 56.13 in this subdivision, must be open. 56.14 Sec. 13. Minnesota Statutes 2002, section 201.275, is 56.15 amended to read: 56.16 201.275 [INVESTIGATIONS; PROSECUTIONS.] 56.17 A county attorney who is notified of an alleged violation 56.18 of this chapter shall promptly investigate. If there is 56.19 probable cause for instituting a prosecution, the county 56.20 attorney shall proceed by complaint or present the charge, with 56.21 whatever evidence has been found, to the grand jury.A county56.22attorney who refuses or intentionally fails to faithfully56.23perform this or any other duty imposed by this chapter is guilty56.24of a misdemeanor and upon conviction shall forfeit office.The 56.25 county attorney, under the penalty of forfeiture of office,56.26 shall prosecute all violations of this chapter except violations 56.27 of this section; if, however, a complainant withdraws an 56.28 allegation under this chapter, the county attorney is not 56.29 required to proceed with the prosecution. The provisions of 56.30 section 201.27, subdivision 3, do not apply to this section. 56.31 Sec. 14. Minnesota Statutes 2003 Supplement, section 56.32 204B.11, subdivision 1, is amended to read: 56.33 Subdivision 1. [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 56.34 Except as provided by subdivision 2, a filing fee shall be paid 56.35 by each candidate who files an affidavit of candidacy. The fee 56.36 shall be paid at the time the affidavit is filed. The amount of 57.1 the filing fee shall vary with the office sought as follows: 57.2(a)(1) for the office of governor,and lieutenant 57.3 governor, $300, plus a fair campaign fee of $50; 57.4 (2) for the office of attorney general, $300, plus a fair 57.5 campaign fee of $50; 57.6 (3) for the office of state auditor,or secretary of 57.7 state, $300, plus a fair campaign fee of $50; 57.8 (4) for the office of representative in Congress, $300, 57.9 plus a fair campaign fee of $50; 57.10 (5) for the office of judge of the Supreme Court,or judge 57.11 of the Court of Appeals,or$300, plus a fair campaign fee of 57.12 $50; 57.13 (6) for judge of the district court, $300, plus a fair 57.14 campaign fee of $50; 57.15(b)(7) for the office of senator in Congress, $400, plus a 57.16 fair campaign fee of $50; 57.17(c)(8) for the office of senatoror representativein the 57.18 legislature, $100, plus a fair campaign fee of $50; 57.19 (9) for the office of representative in the legislature, 57.20 $100, plus a fair campaign fee of $50; 57.21(d)(10) for a county office, $50, plus a fair campaign fee 57.22 of $50;and57.23(e)(11) for the office of soil and water conservation 57.24 district supervisor, $20; 57.25 (12) for the office of school board member, a fair campaign 57.26 fee of $5; and 57.27 (13) for city office, a fair campaign fee of $10. 57.28 For the office of presidential elector, and for those 57.29 offices for which no compensation is provided, no filing fee is 57.30 required. 57.31 The filing fees received by the county auditor shall 57.32 immediately be paid to the county treasurer. The filing fees 57.33 and fair campaign fees received by the secretary of state, and 57.34 any fair campaign fees received by a county auditor or municipal 57.35 or school district clerk, shall immediately be paid to the 57.36 commissioner of finance. 58.1 When an affidavit of candidacy has been filed with the 58.2 appropriate filing officer and the requisite filing fee has been 58.3 paid, the filing fee shall not be refunded. If a candidate's 58.4 filing fee is paid with a check, draft, or similar negotiable 58.5 instrument for which sufficient funds are not available or that 58.6 is dishonored, notice to the candidate of the worthless 58.7 instrument must be sent by the filing officer via registered 58.8 mail no later than immediately upon the closing of the filing 58.9 deadline with return receipt requested. The candidate will have 58.10 five days from the time the filing officer receives proof of 58.11 receipt to issue a check or other instrument for which 58.12 sufficient funds are available. The candidate issuing the 58.13 worthless instrument is liable for a service charge pursuant to 58.14 section 604.113. If adequate payment is not made, the name of 58.15 the candidate must not appear on any official ballot and the 58.16 candidate is liable for all costs incurred by election officials 58.17 in removing the name from the ballot. 58.18 Sec. 15. Minnesota Statutes 2002, section 211A.04, is 58.19 amended to read: 58.20 211A.04 [SECRETARY OF STATE'SCAMPAIGN FINANCE BOARD 58.21 DUTIES.] 58.22 Subdivision 1. [REPORT FORMS.] Thesecretary of state58.23 Campaign Finance and Public Disclosure Board shall prepare 58.24 blanks for reports required by section 211A.02. Copies must be 58.25 furnished through the county auditor or otherwise, as 58.26 thesecretary of stateboard finds expedient, to a committee 58.27 upon request or to a candidate upon filing for office. 58.28 Sec. 16. Minnesota Statutes 2002, section 211A.05, is 58.29 amended to read: 58.30 211A.05 [FAILURE TO FILE STATEMENT.] 58.31 Subdivision 1. [PENALTY.] A candidate who intentionally 58.32 fails to file a report required by section 211A.02 is guilty of 58.33 a misdemeanor. The treasurer of a committee formed to promote 58.34 or defeat a ballot question who intentionally fails to file a 58.35 report required by section 211A.02 is guilty of a misdemeanor. 58.36 Each candidate or treasurer of a committee formed to promote or 59.1 defeat a ballot question shall certify to the filing officer 59.2 that all reports required by section 211A.02 have been submitted 59.3 to the filing officer or that the candidate or committee has not 59.4 received contributions or made disbursements exceeding $750 in 59.5 the calendar year. The certification shall be submitted to the 59.6 filing officer no later than seven days after the general or 59.7 special election. Thesecretary of stateCampaign Finance and 59.8 Public Disclosure Board shall prepare blanks for this 59.9 certification. An officer who issues a certificate of election 59.10 to a candidate who has not certified that all reports required 59.11 by section 211A.02 have been filed is guilty of a misdemeanor. 59.12 Subd. 2. [NOTICE OF FAILURE TO FILE.] If a candidate or 59.13 committee fails to file a report on the date it is due, the 59.14 filing officer shall immediately notify thecounty attorney of59.15the county where the candidate resides or where the committee59.16headquarters is locatedCampaign Finance and Public Disclosure 59.17 Board. Thecounty attorneyboard shall then immediately notify 59.18 the candidate or committee of the failure to file. If a report 59.19 is not filed within ten days after the notification is mailed, 59.20 thecounty attorneyfiling officer shallproceedfile a 59.21 complaint with the board under section211A.0810A.61. 59.22 Sec. 17. [211A.085] [COUNTY ATTORNEY AUTHORITY.] 59.23 A county attorney may prosecute any violation of this 59.24 chapter. 59.25 Sec. 18. Minnesota Statutes 2002, section 211B.14, is 59.26 amended to read: 59.27 211B.14 [DIGEST OF LAWS.] 59.28 Thesecretary of stateCampaign Finance and Public 59.29 Disclosure Board, with the approval of the attorney general, 59.30 shall prepare and print an easily understandable digest of this 59.31 chapter and annotations of it. The digest may include other 59.32 related laws and annotations at the discretion of thesecretary59.33of stateboard. 59.34 Thesecretary of stateboard shall distribute the digest to 59.35 candidates and committees through the county auditor or 59.36 otherwise as thesecretary of stateboard considers expedient. 60.1 A copy of the digest and, if appropriate, a financial reporting 60.2 form and a certification of filing form must be distributed to 60.3 each candidate by the filing officer at the time that the 60.4 candidate's affidavit of candidacy is filed. 60.5 Sec. 19. Minnesota Statutes 2002, section 211B.15, 60.6 subdivision 12, is amended to read: 60.7 Subd. 12. [REPORTS REQUIRED.] The total amount of an 60.8 expenditure or contribution for any one project permitted by 60.9 subdivisions 9 and 11 that is more than $200, together with the 60.10 date, purpose, and the names and addresses of the persons 60.11 receiving the contribution or expenditures, must be reported to 60.12 thesecretary of stateCampaign Finance and Public Disclosure 60.13 Board. The reports must be filed on forms provided by 60.14 thesecretary of stateboard on the dates required for 60.15 committees under section 211A.02. Failure to file is a 60.16 misdemeanor. 60.17 Sec. 20. [211B.165] [COUNTY ATTORNEY AUTHORITY.] 60.18 A county attorney may prosecute any violation of this 60.19 chapter. 60.20 Sec. 21. Minnesota Statutes 2002, section 383B.055, 60.21 subdivision 2, is amended to read: 60.22 Subd. 2. Thecounty filing officer of Hennepin County60.23 Campaign Finance and Public Disclosure Board shall develop forms 60.24 for all statements and reports required to be filed under 60.25 sections 383B.041 to 383B.054. Thefiling officerboard shall 60.26 furnish sufficient copies of the forms to all officers with whom 60.27 candidates file affidavits or applications of candidacy and 60.28 nominating petitions. 60.29 Sec. 22. [APPROPRIATION.] 60.30 $217,000 is appropriated from the general fund to the 60.31 Campaign Finance and Public Disclosure Board for the purposes of 60.32 sections 1 to 25. This sum is available until June 30, 2005. 60.33 Sec. 23. [REVISOR'S INSTRUCTION.] 60.34 The revisor of statutes shall renumber Minnesota Statutes, 60.35 section 211B.11, subdivision 1, as section 204C.06, subdivision 60.36 8. 61.1 Sec. 24. [REPEALER.] 61.2 Minnesota Statutes 2002, sections 211A.08 and 211B.16, are 61.3 repealed. 61.4 Sec. 25. [EFFECTIVE DATE.] 61.5 Sections 2 and 4 are effective January 1, 2006. Section 6 61.6 is effective January 1, 2005. Sections 3, 5, 12 to 21, 23, and 61.7 24 are effective July 1, 2004. Sections 8 to 12 are effective 61.8 July 1, 2004, for complaints regarding candidates for 61.9 legislative office and July 1, 2005, for complaints regarding 61.10 candidates for constitutional office, judicial office, county 61.11 office, municipal office, school board office, and ballot 61.12 questions. Section 22 is effective the day following final 61.13 enactment. 61.14 ARTICLE 4 61.15 VOTING SYSTEM 61.16 Section 1. [VOTING SYSTEMS ACQUISITION.] 61.17 Subdivision 1. [APPROPRIATION.] All remaining, previously 61.18 unappropriated funds in the Help America Vote Act account and 61.19 any funds received by that account until June 30, 2007, are 61.20 appropriated to the Office of the Secretary of State for use in 61.21 purchasing a uniform, statewide voting system, purchasing 61.22 component items of voting equipment to create such a system, or 61.23 making grants to counties and local municipalities for purchase 61.24 of voting systems or components of equipment to create a uniform 61.25 voting system that: (1) comply with the requirements of the 61.26 Help America Vote Act, Public Law 107-252; and (2) meet the 61.27 requirements of this section. 61.28 Subd. 2. [SOLICITING VOTING SYSTEMS.] The Office of the 61.29 Secretary of State may issue requests for proposal or other 61.30 solicitations for voting systems or the components of voting 61.31 systems that comply with the requirements of the Help America 61.32 Vote Act, Public Law 107-252, and also provide every voter an 61.33 opportunity to verify their votes and to change their votes or 61.34 correct any error before their ballot is cast and counted, 61.35 produce a permanent paper record of the ballot cast by the 61.36 voter, and preserve the paper record as an official record 62.1 available for use in a recount. 62.2 Subd. 3. [UNIFORM VOTING SYSTEM.] After receiving and 62.3 evaluating responses to the requests for proposal for voting 62.4 systems, the Office of the Secretary of State may select one or 62.5 more vendors to provide equipment for a uniform statewide voting 62.6 system for use in each polling place in Minnesota. 62.7 Subd. 4. [VOTING SYSTEMS REQUIREMENT.] Each voting system 62.8 purchased in Minnesota must: 62.9 (1) create a marked optical scan ballot that can be 62.10 tabulated by (i) a precinct count optical scan machine already 62.11 certified for use in Minnesota and owned by a jurisdiction, or 62.12 (ii) a certified precinct count optical scan machine to be 62.13 purchased under this section; or 62.14 (2) accept such a marked optical scan ballot. 62.15 Subd. 5. [CERTIFICATION STANDARDS.] A request for proposal 62.16 under this section must set forth the specifications for 62.17 ballot-marking equipment to be purchased, which must be 62.18 compatible with existing precinct count optical scan equipment 62.19 or future models of such equipment. Responses to the request 62.20 for proposal must include certification required by Minnesota 62.21 Statutes, section 206.57, Minnesota Rules, chapters 8220 and 62.22 8230, and any other Minnesota statutes and rules to be 62.23 considered. Precinct count optical scan tabulating machines 62.24 must meet the current certification standards for such machines. 62.25 Subd. 6. [REMAINING FUNDS.] (a) All appropriations to the 62.26 Office of the Secretary of State under this section remaining 62.27 after the purchase of voting systems to satisfy the requirements 62.28 of the Help America Vote Act, Public Law 107-252, as described 62.29 in subdivisions 1 to 5, may be spent for the replacement of 62.30 precinct-count optical scan equipment that is not compatible 62.31 with any system described in subdivision 4, clause (1), and 62.32 selected under subdivision 3. 62.33 (b) In order to most closely achieve a uniform system of 62.34 voting in this state, the Office of the Secretary of State shall 62.35 designate one model of precinct-count optical scan equipment to 62.36 be purchased as the replacement equipment from among the 63.1 responses to the requests for proposal submitted under 63.2 subdivision 2. 63.3 (c) If the Office of the Secretary of State determines that 63.4 there are insufficient funds for the replacement of all 63.5 equipment eligible for replacement under this section, the funds 63.6 must be used first to replace the oldest equipment, and then to 63.7 replace progressively newer equipment until the funds are 63.8 exhausted. 63.9 Subd. 7. [MASTER PURCHASING CONTRACT.] The Office of the 63.10 Secretary of State shall use the responses to requests for 63.11 proposal submitted under subdivision 2 as the basis for 63.12 negotiating one or more master contracts from which all 63.13 purchases authorized or required by this section must be made, 63.14 whether by state or local governments. After the master 63.15 contract is negotiated, no purchases of voting systems may be 63.16 made by state or local governments except from this master 63.17 contract. 63.18 Sec. 2. [EFFECTIVE DATE.] 63.19 Section 1 is effective the day following final enactment. 63.20 ARTICLE 5 63.21 HAVA CONFORMITY 63.22 Section 1. Minnesota Statutes 2002, section 201.021, is 63.23 amended to read: 63.24 201.021 [PERMANENT REGISTRATION SYSTEM.] 63.25 A permanent system of voter registration by county is 63.26 established, withthe county systems linked together by a63.27centralized statewide systema single, official, centralized, 63.28 interactive computerized statewide voter registration list 63.29 defined, maintained, and administered at the state level that 63.30 contains the name and registration information of every legally 63.31 registered voter in the state, and assigns a unique identifier 63.32 to each legally registered voter in the state. The interactive 63.33 computerized statewide voter registration list constitutes the 63.34 official list of every legally registered voter in the state. 63.35 The county auditor shall be chief registrar of voters and the 63.36 chief custodian of the official registration records in each 64.1 county. The secretary of state is responsible for defining, 64.2 maintaining, and administering the centralized system. 64.3 Sec. 2. Minnesota Statutes 2002, section 201.022, is 64.4 amended to read: 64.5 201.022 [STATEWIDE REGISTRATION SYSTEM.] 64.6 Subdivision 1. [ESTABLISHMENT.] The secretary of state 64.7 shall maintain a statewide voter registration system to 64.8 facilitate voter registration and to provide a central database 64.9 containing voter registration information from around the 64.10 state. The system must be accessible to the county auditor of 64.11 each county in the state. The system must also: 64.12 (1) provide for voters to submit their registration to any 64.13 county auditor, the secretary of state, or the Department of 64.14 Public Safety; 64.15 (2) provide for the definition, establishment, and 64.16 maintenance of a central database for all voter registration 64.17 information; 64.18 (3) provide for entering data into the statewide 64.19 registration system; 64.20 (4) provide for electronic transfer of completed voter 64.21 registration forms from the Department of Public Safety to the 64.22 secretary of state or the county auditor; 64.23 (5) assign a unique identifier to each legally registered 64.24 voter in the state; 64.25 (6) provide for the acceptance of the Minnesota driver's 64.26 license number, Minnesota state identification number, and last 64.27 four digits of the Social Security number for each voter record; 64.28 (7) coordinate with other agency databases within the 64.29 state; 64.30 (8) allow county auditors to add, and the secretary of 64.31 state to add or modify, information in the system to provide for 64.32 accurate and up-to-date records; 64.33 (9) allow county auditors, municipal and school district 64.34 clerks, and the secretary of state to have electronic access to 64.35 the statewide registration system for review and search 64.36 capabilities; 65.1 (10) provide security and protection of all information in 65.2 the statewide registration system and ensure that unauthorized 65.3 access is not allowed; and 65.4 (11) provide a system for each county to identify the 65.5 precinct to which a voter should be assigned for voting purposes. 65.6 The appropriate state or local official shall provide security 65.7 measures to prevent unauthorized access to the computerized list 65.8 established under section 201.021. The secretary of state shall 65.9 establish a system of file maintenance that makes reasonable 65.10 effort to remove registrants who are ineligible to vote from the 65.11 official list of eligible voters. 65.12 Subd. 2. [RULES.] The secretary of state shall make 65.13 permanent rules necessary to administer the system required in 65.14 subdivision 1.The rules must at least:65.15(1) provide for voters to submit their registration to any65.16county auditor, the secretary of state, or the Department of65.17Public Safety;65.18(2) provide for the establishment and maintenance of a65.19central database for all voter registration information;65.20(3) provide procedures for entering data into the statewide65.21registration system;65.22(4) provide for interaction with the computerized driver's65.23license records of the Department of Public Safety;65.24(5) allow the offices of all county auditors and the65.25secretary of state to add, modify, and delete information from65.26the system to provide for accurate and up-to-date records;65.27(6) allow the offices of all county auditors and the65.28Secretary of State's Office to have access to the statewide65.29registration system for review and search capabilities;65.30(7) provide security and protection of all information in65.31the statewide registration system and to ensure that65.32unauthorized entry is not allowed;65.33(8) provide a system for each county to identify the65.34precinct to which a voter should be assigned for voting65.35purposes; and65.36(9) prescribe a procedure for the return of completed voter66.1registration forms from the Department of Public Safety to the66.2secretary of state or the county auditor.66.3 Sec. 3. Minnesota Statutes 2002, section 201.061, 66.4 subdivision 1, is amended to read: 66.5 Subdivision 1. [REGISTRATION IN PERSON PRIOR TO ELECTION 66.6 DAY.] At any time except during the 20 days immediately 66.7 preceding any election, an eligible voter or any individual who 66.8 will be an eligible voter at the time of the next election may 66.9 register to vote in the precinct in which the voter maintains 66.10 residence by completing aregistration cardvoter registration 66.11 application as described in section 201.071, subdivision 1, and 66.12 submitting it in personor by mailto the county auditor of that 66.13 county or to the Secretary of State's Office.A registration66.14that is received no later than 5:00 p.m. on the 21st day66.15preceding any election shall be accepted. An improperly66.16addressed or delivered registration card shall be forwarded66.17within two working days after receipt to the county auditor of66.18the county where the voter maintains residence. A state or66.19local agency or an individual that accepts completed voter66.20registration cards from a voter must submit the completed cards66.21to the secretary of state or the appropriate county auditor66.22within ten days after the cards are dated by the voter.66.23 Sec. 4. Minnesota Statutes 2002, section 201.061, is 66.24 amended by adding a subdivision to read: 66.25 Subd. 1b. [DUTY TO FORWARD.] A registration that is 66.26 received no later than 5:00 p.m. on the 21st day preceding any 66.27 election must be accepted. An improperly addressed or delivered 66.28 voter registration application must be forwarded within two 66.29 working days after receipt to the county auditor of the county 66.30 where the voter maintains residence. A state or local agency or 66.31 an individual that accepts completed voter registration 66.32 applications from a voter must submit the completed cards to the 66.33 secretary of state or the appropriate county auditor within ten 66.34 days after the applications are dated by the voter. 66.35 Sec. 5. Minnesota Statutes 2002, section 201.061, 66.36 subdivision 3, is amended to read: 67.1 Subd. 3. [ELECTION DAY REGISTRATION.] An individual who is 67.2 eligible to vote may register on election day by appearing in 67.3 person at the polling place for the precinct in which the 67.4 individual maintains residence, by completing a voter 67.5 registrationcardapplication, making an oath in the form 67.6 prescribed by the secretary of state and providing proof of 67.7 residence. An individual may prove residence for purposes of 67.8 registering by: 67.9 (1) showing a driver's license or Minnesota identification 67.10 card issued pursuant to section 171.07; 67.11 (2) showing any document approved by the secretary of state 67.12 as proper identification; 67.13 (3) showing one of the following: 67.14 (i) a current valid student identification card from a 67.15 post-secondary educational institution in Minnesota, if a list 67.16 of students from that institution has been prepared under 67.17 section 135A.17 and certified to the county auditor in the 67.18 manner provided in rules of the secretary of state; or 67.19 (ii) a current student fee statement that contains the 67.20 student's valid address in the precinct together with a picture 67.21 identification card; 67.22 (4) having a voter who is registered to vote in the 67.23 precinct sign an oath in the presence of the election judge 67.24 vouching that the voter personally knows that the individual is 67.25 a resident of the precinct. A voter who has been vouched for on 67.26 election day may not sign a proof of residence oath vouching for 67.27 any other individual on that election day; or 67.28 (5) for tribal band members living on an Indian 67.29 reservation, an individual may prove residence for purposes of 67.30 registering by showing an identification card issued by the 67.31 tribal government of a tribe recognized by the Bureau of Indian 67.32 Affairs, United States Department of the Interior, that contains 67.33 the name, street address, signature, and picture of the 67.34 individual. The county auditor of each county having territory 67.35 within the reservation shall maintain a record of the number of 67.36 election day registrations accepted under this section. 68.1 A county, school district, or municipality may require that 68.2 an election judge responsible for election day registration 68.3 initial each completed registration card. 68.4 Sec. 6. Minnesota Statutes 2002, section 201.091, 68.5 subdivision 1, is amended to read: 68.6 Subdivision 1. [MASTER LIST.] Each county auditor shall 68.7 prepare and maintain a current list of registered voters in each 68.8 precinct in the county which is known as the master list. The 68.9 master list must be created by entering each completed voter 68.10 registrationcardapplication received by the county auditor 68.11 into the statewide registration system. It must show the name, 68.12 residence address, and date of birth of each voter registered in 68.13 the precinct. The information contained in the master list may 68.14 only be made available to public officials for purposes related 68.15 to election administration, jury selection, and in response to a 68.16 law enforcement inquiry concerning a violation of or failure to 68.17 comply with any criminal statute or state or local tax statute. 68.18 If a copy of the master list is provided to a public official 68.19 for jury selection or in response to a law enforcement inquiry 68.20 described in this subdivision, the list may not include the 68.21 final four digits of the Social Security number of any voter. 68.22 Sec. 7. Minnesota Statutes 2002, section 201.091, is 68.23 amended by adding a subdivision to read: 68.24 Subd. 1a. [POLLING PLACE ROSTER.] A polling place roster 68.25 produced from data maintained in the statewide voter 68.26 registration file may not include the final four digits of the 68.27 Social Security number of any voter. 68.28 Sec. 8. Minnesota Statutes 2002, section 201.091, 68.29 subdivision 5, is amended to read: 68.30 Subd. 5. [COPY OF LIST TO REGISTERED VOTER.] The county 68.31 auditors and the secretary of state shall providepapercopies 68.32 of the public information listsand may provide the lists in68.33some other formin electronic or other media to any voter 68.34 registered in Minnesota within ten days of receiving a written 68.35 request accompanied by payment of the cost of reproduction. The 68.36 county auditors and the secretary of state shall make a copy of 69.1 the list available for public inspection without cost. An 69.2 individual who inspects or acquires a copy of a public 69.3 information list may not use any information contained in it for 69.4 purposes unrelated to elections, political activities, or law 69.5 enforcement. No list made available for public inspection or 69.6 purchase may include the date of birth of a registered voter. 69.7 Sec. 9. Minnesota Statutes 2002, section 201.121, 69.8 subdivision 1, is amended to read: 69.9 Subdivision 1. [ENTRY OF REGISTRATION INFORMATION.]Upon69.10receivingAt the time a voter registrationcardapplication is 69.11 properly completedand, submitted, and received in accordance 69.12 with sections 201.061 and 201.071, the county auditor shall 69.13 enterinthe information contained on it into the statewide 69.14 registration systemthe information contained on iton an 69.15 expedited basis, but no later than 42 days after receipt. Voter 69.16 registrationcardsapplications completed before election day 69.17 must be entered into the statewide registration system within 69.18 ten days after they have been submitted to the county auditor. 69.19 Upon receiving a completed voter registrationcard or form69.20 application, the secretary of state may electronically transmit 69.21 the information on thecard or formapplication to the 69.22 appropriate county auditor as soon as possible for review by the 69.23 county auditor before final entry into the statewide 69.24 registration system. The secretary of state may mail the 69.25 registrationcardapplication or form to the county auditor. 69.26 Sec. 10. Minnesota Statutes 2002, section 201.155, is 69.27 amended to read: 69.28 201.155 [REPORT ON FELONY CONVICTIONS.] 69.29 Pursuant to the Help America Vote Act of 2002, Public Law 69.30 107-252, the state court administrator shall report at least 69.31 monthly by electronic means to the secretary of state the name, 69.32 address, final four digits of the voter's Social Security number 69.33 (or the statement "NONE" if the voter has no Social Security 69.34 number), date of birth, date of sentence, effective date of the 69.35 sentence, and county in which the conviction occurred of each 69.36 person who has been convicted of a felony. The state court 70.1 administrator shall also report the name, address, final four 70.2 digits of the voter's Social Security number (or the statement 70.3 "NONE" if the voter has no Social Security number), and date of 70.4 birth of each person previously convicted of a felony whose 70.5 civil rights have been restored. The secretary of state may 70.6 designate the county auditor to modify the statewide voter 70.7 registration system in response to this report, in which case 70.8 the secretary of state shalldetermine if any of the persons in70.9the report is registered to vote and shall prepareforward a 70.10 list of thoseregistrants forindividuals to each county 70.11 auditor. The county auditor shall determine if any person 70.12 identified in the report as a resident of the county is 70.13 registered to vote in the county and change the status ofthose70.14registrantseach registrant in the appropriate manner in the 70.15 statewide registration system. 70.16 Sec. 11. [201.1615] [INFORMATION SHARING; USE OF SOCIAL 70.17 SECURITY NUMBER.] 70.18 The secretary of state shall enter into an agreement with 70.19 the Department of Public Safety to match information in the 70.20 statewide voter registration system with information in the 70.21 Department of Public Safety database to verify the accuracy of 70.22 the information provided on applications for voter registrations. 70.23 The commissioner of public safety shall enter into an 70.24 agreement with the commissioner of the United States Social 70.25 Security Administration under section 205(r)(8) of the Social 70.26 Security Act to allow the use of the last four digits of the 70.27 Social Security number to be used to verify voter registration 70.28 information, to ensure the maintenance of the confidentiality of 70.29 any applicable information disclosed, and to establish 70.30 procedures to permit the department to use the information for 70.31 purposes of maintaining its records. 70.32 Sec. 12. Minnesota Statutes 2002, section 201.171, is 70.33 amended to read: 70.34 201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 70.35 REGISTRATION REMOVED.] 70.36 Within six weeks after every election, the county auditor 71.1 shall post the voting history for every person who voted in the 71.2 election. After the close of the calendar year, the secretary 71.3 of state shall determine if any registrants have not voted 71.4 during the preceding four yearsand. The secretary of state 71.5 shallchangeperform list maintenance by changing the status of 71.6 those registrants to "inactive" in the statewide registration 71.7 system. The list maintenance performed must be conducted in a 71.8 manner that ensures that the name of each registered voter 71.9 appears in the official list of eligible voters in the statewide 71.10 registration system. Only voters who are not registered or who 71.11 are not eligible to vote must be removed from the official list 71.12 of eligible voters. List maintenance must include procedures 71.13 for eliminating duplicate names from the official list of 71.14 eligible voters. 71.15 The secretary of state shall also prepare a report to the 71.16 county auditor containing the names of all registrants whose 71.17 status was changed to "inactive." 71.18 Although not counted in an election, a late absentee ballot 71.19 must be considered a vote for the purpose of continuing 71.20 registration. 71.21 Sec. 13. Minnesota Statutes 2002, section 201.221, 71.22 subdivision 2, is amended to read: 71.23 Subd. 2. [UNIFORM PROCEDURES FOR COUNTIES.] The secretary 71.24 of state shall assist local election officers by devising 71.25 uniform forms and procedures. The secretary of state shall 71.26 provide uniform rules for maintaining voter registration records 71.27 on the statewide registration system. The secretary of state 71.28 shall supervise the development and use of the statewide 71.29 registration system to insure that it conforms to applicable 71.30 federal and state laws and rules. 71.31 Sec. 14. Minnesota Statutes 2002, section 203B.08, 71.32 subdivision 3, is amended to read: 71.33 Subd. 3. [PROCEDURES ON RECEIPT OF BALLOTS.] When absentee 71.34 ballots are returned to a county auditor or municipal clerk, 71.35 that official shall stamp and date the return envelope with an 71.36 official seal of the office and place it in a secure location 72.1 with other return envelopes received by that office. The county 72.2 auditor or municipal clerk shall deliverthemto the appropriate 72.3 election judges on election day all ballots received before or 72.4 with the last mail delivery by the United States Postal Service 72.5 on election day. A town clerk may request the United States 72.6 Postal Service to deliver absentee ballots to the polling place 72.7 on election day instead of to the official address of the town 72.8 clerk. 72.9 Sec. 15. Minnesota Statutes 2002, section 203B.16, is 72.10 amended by adding a subdivision to read: 72.11 Subd. 4. [DESIGNATION OF OFFICE.] The Office of the 72.12 Secretary of State is responsible for providing information 72.13 regarding voter registration and absentee balloting procedures 72.14 to be used by absent uniformed services voters, their spouses 72.15 and dependents, and voters overseas. 72.16 Sec. 16. Minnesota Statutes 2002, section 203B.17, is 72.17 amended to read: 72.18 203B.17 [APPLICATION FOR BALLOT.] 72.19 Subdivision 1. [SUBMISSION OF APPLICATION.] (a) An 72.20 application for absentee ballots for a voter described in 72.21 section 203B.16 may be submitted in writing or by electronic 72.22 facsimile device, or by electronic mail upon determination by 72.23 the secretary of state that security concerns have been 72.24 adequately addressed. An application for absentee ballots for a 72.25 voter described in section 203B.16 may be submitted by that 72.26 voter or by that voter's parent, spouse, sister, brother, or 72.27 child over the age of 18 years. For purposes of an application 72.28 under this subdivision, a person's Social Security number, no 72.29 matter how it is designated, qualifies as the person's military 72.30 identification number if the person is in the military. 72.31 (b) An application for a voter described in section 72.32 203B.16, subdivision 1, shall be submitted to the county auditor 72.33 of the county where the voter maintains residence. 72.34 (c) An application for a voter described in section 72.35 203B.16, subdivision 2, shall be submitted to the county auditor 72.36 of the county where the voter last maintained residence in 73.1 Minnesota. 73.2 (d) An application for absentee ballotsfor a primaryshall 73.3also constitute an application for absentee ballots for any73.4ensuingbe valid for any primary, special primary, general 73.5 election, or special electionconducted during the same calendar73.6year in whichfrom the time the application is received through 73.7 the next two regularly scheduled general elections for federal 73.8 office held after the date on which the application is received. 73.9 (e) There shall be no limitation of time for filing and 73.10 receiving applications for ballots under sections 203B.16 to 73.11 203B.27. 73.12 Subd. 2. [REQUIRED INFORMATION.] An application shall be 73.13 accepted if it contains the following information stated under 73.14 oath: 73.15 (a) The voter's name, birthdate, and present address of 73.16 residence in Minnesota, or former address of residence in 73.17 Minnesota if the voter is living permanently outside the United 73.18 States; 73.19 (b) A statement indicating that the voter is in the 73.20 military, or is the spouse or dependent of an individual serving 73.21 in the military, or is temporarily outside the territorial 73.22 limits of the United States, or is living permanently outside 73.23 the territorial limits of the United States and voting under 73.24 federal law; 73.25 (c) A statement that the voter expects to be absent from 73.26 the precinct at the time of the election; 73.27 (d) The address to which absentee ballots are to be mailed; 73.28 (e) The voter's signature or the signature and relationship 73.29 of the individual authorized to apply on the voter's behalf; and 73.30 (f) The voter's military identification card number, 73.31 passport number, or, if the voter does not have a valid passport 73.32 or identification card, the signed statement of an individual 73.33 authorized to administer oaths or a commissioned or 73.34 noncommissioned officer of the military not below the rank of 73.35 sergeant or its equivalent, certifying that the voter or other 73.36 individual requesting absentee ballots has attested to the 74.1 truthfulness of the contents of the application under oath. 74.2 The oath taken must be the standard oath prescribed by 74.3 section 101(b)(7) of the Uniformed and Overseas Citizens 74.4 Absentee Voting Act. 74.5 A form for providing this information shall be prepared by 74.6 each county auditor and shall be furnished to individuals who 74.7 request it pursuant to this section. 74.8 Sec. 17. Minnesota Statutes 2002, section 203B.19, is 74.9 amended to read: 74.10 203B.19 [RECORDING APPLICATIONS.] 74.11 Upon accepting an application, the county auditor shall 74.12 record in the statewide registration system the voter's name, 74.13 address of present or former residence in Minnesota, mailing 74.14 address, school district number, andthe category under section74.15203B.16, to which the voter belongswhether the voter is in the 74.16 military or the spouse or dependent of an individual serving in 74.17 the military, is a voter temporarily outside the territorial 74.18 limits of the United States, or is living permanently outside 74.19 the territorial limits of the United States and voting under 74.20 federal law. The county auditor shall retain the record 74.21 forfoursix years. A voter whose name is recorded as provided 74.22 in this section shall not be required to register under any 74.23 other provision of law in order to vote under sections 203B.16 74.24 to 203B.27. Persons from whom applications are not accepted 74.25 must be notified by the county auditor and provided with the 74.26 reasons for the rejection. 74.27 No later than 60 days after the general election, the 74.28 county auditor shall report to the secretary of state the 74.29 combined number of absentee ballots transmitted to absent voters 74.30 described in section 203B.16. No later than 60 days after the 74.31 general election, the county auditor shall report to the 74.32 secretary of state the combined number of absentee ballots 74.33 returned and cast by absent voters described in section 74.34 203B.16. The secretary of state may require the information be 74.35 reported by category under section 203B.16 or by precinct. 74.36 No later than 90 days after the general election, the 75.1 secretary of state shall report to the federal Election 75.2 Assistance Commission the number of absentee ballots transmitted 75.3 to voters under section 203B.16. 75.4 Sec. 18. Minnesota Statutes 2002, section 203B.24, 75.5 subdivision 2, is amended to read: 75.6 Subd. 2. [VOTING MORE THAN ONCE.] The election judges 75.7 shall compare the voter's name with the names appearing on their 75.8 copy of the application records to insure that the voter has not 75.9 already returned a ballot in the election. The election judges 75.10 must indicate on the record whether an absentee ballot was 75.11 accepted for each applicant whose name appears on the record. 75.12 If a voter whose application has been recorded under section 75.13 203B.19 casts a ballot in person on election day, no absentee 75.14 ballot shall be counted for that voter. If more than one return 75.15 envelope is received from a voter whose application has been 75.16 recorded under section 203B.19, the ballots in the return 75.17 envelope bearing the latest date shall be counted and the 75.18 uncounted ballots shall be returned by the election judges with 75.19 the rejected ballots. The election judges must preserve the 75.20 record and return it to the county auditor or municipal clerk 75.21 with the election day materials. 75.22 Sec. 19. Minnesota Statutes 2002, section 203B.26, is 75.23 amended to read: 75.24 203B.26 [SEPARATE RECORD.] 75.25 A separate record of the ballots of absent voters cast 75.26 under sections 203B.16 to 203B.27shallmust be kept in each 75.27 precinct. The content of the record must be in a form 75.28 prescribed by the secretary of state. 75.29 Sec. 20. Minnesota Statutes 2002, section 204B.47, is 75.30 amended to read: 75.31 204B.47 [ALTERNATEALTERNATIVE ELECTION PROCEDURES; DUTIES 75.32 OF SECRETARY OF STATE.] 75.33 When a provision of the Minnesota Election Law cannot be 75.34 implemented as a result of an order of a state or federal court, 75.35 the secretary of state shall adoptalternatealternative 75.36 election procedures to permit the administration of any election 76.1 affected by the order. The procedures may include the voting 76.2 and handling of ballots cast after 8:00 p.m. as a result of a 76.3 state or federal court order or any other order extending the 76.4 time established by law for closing the polls. Thealternate76.5 alternative election procedures remain in effect until the first 76.6 day of July following the next succeeding final adjournment of 76.7 the legislature, unless otherwise provided by law or by court 76.8 order. 76.9 Sec. 21. [204C.42] [RULES; VOTE COUNTING STANDARDS.] 76.10 The secretary of state shall adopt permanent rules to 76.11 establish uniform and nondiscriminatory standards of what 76.12 constitutes a vote for each method of voting and each type of 76.13 voting system approved for use in the state. The rules must 76.14 provide for an accurate determination of votes based on the 76.15 requirements of section 204C.22, objective evidence, the form of 76.16 ballots approved for use in this state, and the manner of 76.17 counting used for each vote. 76.18 Sec. 22. [204C.50] [POSTELECTION SECURITY AND 76.19 CERTIFICATION REVIEW.] 76.20 Subdivision 1. [SELECTION FOR REVIEW; NOTICE.] (a) The 76.21 Office of the Secretary of State shall, within three days after 76.22 each state general election beginning in 2006, randomly select 76.23 80 precincts for postelection review as defined in this 76.24 section. The precincts must be selected so that an equal number 76.25 of precincts are selected in each congressional district of the 76.26 state. Of the precincts in each congressional district, at 76.27 least five must have had more than 500 votes cast, and at least 76.28 two must have had fewer than 500 votes cast. The secretary of 76.29 state must promptly provide notices of which precincts are 76.30 chosen to the election administration officials who are 76.31 responsible for the conduct of elections in those precincts. 76.32 (b) One week before the state general election beginning in 76.33 2006, the secretary of state must post on the office Web site 76.34 the date, time, and location at which precincts will be randomly 76.35 chosen for review under this section. The chair of each major 76.36 political party may appoint a designee to observe the random 77.1 selection process. 77.2 Subd. 2. [SCOPE AND CONDUCT OF THE REVIEW.] Each review 77.3 must consist of at least the following: 77.4 (a) The election officials immediately responsible for a 77.5 precinct chosen for review must conduct the following review and 77.6 submit the results in writing to the state canvassing board 77.7 before it meets to canvass the election: 77.8 (1) a hand tally of the paper ballots, of whatever kind 77.9 used in that precinct, for each contested election; 77.10 (2) a recount using the actual machine and software used on 77.11 election day, if a precinct-count or central-count automated 77.12 voting system was used; and 77.13 (3) a comparison of the hand tally with the reported 77.14 results for the precinct in the county canvassing board report, 77.15 as well as the actual tape of any automated tabulation produced 77.16 by any precinct-count or central-count optical scan equipment 77.17 that may have been used to tabulate votes cast in that precinct. 77.18 (b) The staff of the Office of the Secretary of State shall 77.19 conduct or directly supervise a review of the procedures used by 77.20 the election officials at all levels for a precinct chosen for 77.21 review, including an inspection of the materials retained for 77.22 the official 22-month retention period, such as the rosters, the 77.23 incident log, and the ballots themselves. The staff must submit 77.24 a written report to the secretary of state before the next 77.25 regularly scheduled meeting of the State Canvassing Board. 77.26 Subd. 3. [STANDARD OF ACCEPTABLE PERFORMANCE BY TABULATING 77.27 EQUIPMENT.] Each comparison of the precinct-count or 77.28 central-count tabulating equipment system with the review 77.29 described in subdivision 2, paragraph (a), must be accurate to 77.30 within one-half of one percent variation for each contested 77.31 election. If any review conducted under subdivision 2, 77.32 paragraph (a), reveals a discrepancy greater than one-half of 77.33 one percent, the Office of the Secretary of State shall as soon 77.34 as practicable conduct an additional review of at least ten 77.35 percent of the tabulating equipment used in the jurisdiction of 77.36 the election for which the discrepancy was discovered. If this 78.1 review results in a discrepancy greater than the one-half 78.2 percent standard, the Office of the Secretary of State must 78.3 conduct a complete audit of the election for which the 78.4 discrepancy was discovered. If a complete audit must be 78.5 conducted, the results of the audit must be used by the 78.6 canvassing board in making its report and determinations of 78.7 persons elected and propositions rejected or approved. If a 78.8 voting system is found to have failed to record votes in a 78.9 manner that indicates electronic operational failure, the 78.10 canvassing board must use the voter-verifiable audit records to 78.11 determine the votes cast on the system, unless the audit records 78.12 were also impaired by the operational failure of the voting 78.13 machine. Notwithstanding section 204C.33, subdivision 3, the 78.14 result of any election subject to this audit must not be 78.15 declared until the audit is completed. 78.16 Subd. 4. [STANDARD OF ACCEPTABLE PERFORMANCE BY ELECTION 78.17 JUDGES AND ADMINISTRATORS.] Each comparison of materials and 78.18 documents generated in the course of the election in the 78.19 selected precinct is expected to reveal no substantive errors 78.20 and a minimum of technical issues by election judges and 78.21 administrators. 78.22 Subd. 5. [FAILURE TO MEET STANDARDS.] (a) If a voting 78.23 system fails to meet the standard set forth in subdivision 3, 78.24 the manufacturer of the model of machine in question must obtain 78.25 recertification pursuant to section 206.57 and rules adopted 78.26 under that section, and is liable for penalties under section 78.27 206.66. 78.28 (b) If election judges or administrators fail to meet the 78.29 standard in subdivision 4, the judges and administrators for the 78.30 county where the precinct is located must attend training 78.31 designed to eliminate the errors causing the failure. The 78.32 Office of the Secretary of State must consider whether those 78.33 errors or issues warrant inclusion in the statewide training 78.34 programs conducted by the Office of the Secretary of State. 78.35 Subd. 6. [COSTS OF REVIEW.] The costs of conducting the 78.36 review required by this section must be allocated as follows: 79.1 (a) The county or municipality responsible for each 79.2 precinct selected for review must bear costs incurred under 79.3 subdivision 2, paragraph (a). 79.4 (b) The secretary of state must bear the costs incurred 79.5 under subdivision 2, paragraph (b), and subdivision 3, including 79.6 travel, expenses, and staff time of the Office of the Secretary 79.7 of State. 79.8 Sec. 23. Minnesota Statutes 2002, section 206.57, is 79.9 amended by adding a subdivision to read: 79.10 Subd. 5. [VOTING SYSTEM FOR DISABLED VOTERS.] After 79.11 December 31, 2005, the voting method used in each polling place 79.12 must include a voting system that is accessible for individuals 79.13 with disabilities, including nonvisual accessibility for the 79.14 blind and visually impaired in a manner that provides the same 79.15 opportunity for access and participation, including privacy and 79.16 independence, as for other voters. 79.17 Sec. 24. Minnesota Statutes 2002, section 206.57, is 79.18 amended by adding a subdivision to read: 79.19 Subd. 6. [REQUIRED CERTIFICATION.] In addition to the 79.20 requirements in subdivision 1, a voting system must be certified 79.21 by an independent testing authority approved by the secretary of 79.22 state and conform to current standards for voting equipment 79.23 issued by the Federal Election Commission or its successor, the 79.24 Election Assistance Commission. 79.25 Sec. 25. Minnesota Statutes 2002, section 206.81, is 79.26 amended to read: 79.27 206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 79.28 (a) The secretary of state maylicenseapprove an 79.29 electronic voting system for experimental use at an election 79.30 prior to its approval for general use. 79.31 (b) The secretary of state mustlicenseapprove one or more 79.32touch-sensitivedirect recording electronic voting systems for 79.33 experimental use at an election before their approval for 79.34 general use and may impose restrictions on their use. At least 79.35 one voting systemlicensedapproved under this paragraph must 79.36 permit sighted persons to vote and at least one system must 80.1 permit a blind or visually impaired voter to cast a ballot 80.2 independently and privately. 80.3 (c) Experimental use must be observed by the secretary of 80.4 state or the secretary's designee and the results observed must 80.5 be considered at any subsequent proceedings for approval for 80.6 general use. 80.7 (d) The secretary of state may adopt rules consistent with 80.8 sections 206.55 to 206.90 relating to experimental use. The 80.9 extent of experimental use must be determined by the secretary 80.10 of state. 80.11 Sec. 26. [AGREEMENTS.] 80.12 Subdivision 1. [COMMISSIONER OF HEALTH.] The secretary of 80.13 state and the commissioner of health shall determine by mutual 80.14 agreement the means to electronically transfer death records 80.15 between agency systems. 80.16 Subd. 2. [STATE COURT ADMINISTRATOR.] The secretary of 80.17 state and the state court administrator shall determine by 80.18 mutual agreement the means to electronically transfer 80.19 guardianship and incompetency records and felony conviction 80.20 records between agency systems. 80.21 Subd. 3. [COMMISSIONER OF PUBLIC SAFETY.] The commissioner 80.22 of public safety and the secretary of state shall determine by 80.23 mutual agreement the means to electronically transfer driver's 80.24 license records between agency systems. 80.25 Sec. 27. [EFFECTIVE DATE.] 80.26 This article is effective the day following final enactment. 80.27 ARTICLE 6 80.28 ELECTIONS ADMINISTRATION TECHNICAL CHANGES 80.29 Section 1. Minnesota Statutes 2002, section 5.08, is 80.30 amended to read: 80.31 5.08 [LEGISLATIVE MANUAL.] 80.32 Subdivision 1. [PREPARATION.] The secretary of state shall 80.33 prepare, compile, edit, and distribute for use at each regular 80.34 legislative session, a convenient manual, properly indexed, and 80.35 containing: The federal and state constitutions; the acts of 80.36 Congress relating to the organization of the territory and 81.1 state; the rules of order and joint rules of the two houses, and 81.2 lists of their members, committees and employees; the names of 81.3 all state officials, whether elected or appointed, and of all 81.4 persons holding office from this state under the national 81.5 government, including postmasters appointed by the president; 81.6 the places where the said several officials reside, and the 81.7 annual compensation of each; and statistical and other 81.8 information of the kind heretofore published in the legislative 81.9 manuals. 81.10 Subd. 2. [DISTRIBUTION.]15,00010,000 copies of the 81.11 legislative manual shall be printed and distributed as follows: 81.12 (1) up to2520 copies shall be available to each member of 81.13 the legislature on request; 81.14 (2) 50 copies to the State Historical Society; 81.15 (3) 25 copies to the state university; 81.16 (4) 60 copies to the state library; 81.17 (5) two copies each to the Library of Congress, the 81.18 Minnesota veteranshomehomes, thestateuniversities, thestate81.19 high schools,the publicacademies, seminaries, and colleges of 81.20 the state, and thefreepublic libraries of the state; 81.21 (6) one copy each to other state institutions, the elective 81.22 state officials, the appointed heads of departments, the 81.23 officers and employees of the legislature, the justices of the 81.24 Supreme Court, the judges of the Court of Appeals and the 81.25 district court, the senators and representatives in Congress 81.26 from this state, and the county auditors, recorders, and county 81.27 attorneys; 81.28 (7) one copy to eachpublicschool, to be distributed 81.29 through the superintendent of each school district; and 81.30 (8) the remainder may be disposed of as the secretary of 81.31 state deems best. 81.32 Sec. 2. Minnesota Statutes 2002, section 15.0597, 81.33 subdivision 2, is amended to read: 81.34 Subd. 2. [COLLECTION OF DATA.] The chair of an existing 81.35 agency or the chair's designee, or the appointing authority for 81.36 the members of a newly created agency, shall provide the 82.1 secretary,on formsin an electronic format prepared and 82.2 distributed by the secretary, with the following data pertaining 82.3 to that agency: 82.4 (1) the name of the agency, its mailing address, and 82.5 telephone number; 82.6 (2) the legal authority for the creation of the agency and 82.7 the name of the person appointing agency members; 82.8 (3) the powers and duties of the agency; 82.9 (4) the number of authorized members, together with any 82.10 prescribed restrictions on eligibility such as employment 82.11 experience or geographical representation; 82.12 (5) the dates of commencement and expiration of the 82.13 membership terms and the expiration date of the agency, if any; 82.14 (6) the compensation of members, and appropriations or 82.15 other funds available to the agency; 82.16 (7) the regular meeting schedule, if any, and approximate 82.17 number of hours per month of meetings or other activities 82.18 required of members; 82.19 (8) the roster of current members, including mailing 82.20 addresses, electronic mail addresses, and telephone numbers; and 82.21 (9) a breakdown of the membership showing distribution by 82.22 county, legislative district, and congressional district, and, 82.23 only if the member has voluntarily supplied the information, the 82.24 sex, political party preference or lack of party preference, 82.25 race, and national origin of the members. 82.26 The secretary mayprovide forrequire the submission of 82.27 data in accordance with this subdivision by electronic means. 82.28 The publication requirement under clause (8) may be met by 82.29 publishing a member's home or business address and telephone 82.30 number, the address and telephone number of the agency to which 82.31 the member is appointed, the member's electronic mail address, 82.32 if provided, or any other information that would enable the 82.33 public to communicate with the member. 82.34 Sec. 3. Minnesota Statutes 2002, section 15.0597, 82.35 subdivision 3, is amended to read: 82.36 Subd. 3. [PUBLICATION OF AGENCY DATA.] The secretary of 83.1 state shall provide for annual updating of the required data and 83.2 shall annually arrange for the publicationin the State Register83.3 on the Web site of the secretary of state of the compiled data 83.4 from all agencies on or about October 15 of each year.Copies83.5ofThe compilation must be electronically delivered to the 83.6 governor and the legislature. Paper copies of the compilation 83.7 must be made available by the secretary to any interested person 83.8 at cost, and copies must be available for viewing by interested 83.9 persons. The chair of an agency who does not submit data 83.10 required by this section or who does not notify the secretary of 83.11 a vacancy in the agency, is not eligible for a per diem or 83.12 expenses in connection with agency service until December 1 of 83.13 the following year. 83.14 Sec. 4. Minnesota Statutes 2002, section 15.0597, 83.15 subdivision 4, is amended to read: 83.16 Subd. 4. [NOTICE OF VACANCIES.] The chair of an existing 83.17 agency, shall notify the secretary by electronic means of a 83.18 vacancy scheduled to occur in the agency as a result of the 83.19 expiration of membership terms at least 45 days before the 83.20 vacancy occurs. The chair of an existing agency shall 83.21 givewrittenelectronic notification to the secretary of each 83.22 vacancy occurring as a result of newly created agency positions 83.23 and of every other vacancy occurring for any reason other than 83.24 the expiration of membership terms as soon as possible upon 83.25 learning of the vacancy and in any case within 15 days after the 83.26 occurrence of the vacancy. The appointing authority for newly 83.27 created agencies shall givewrittenelectronic notification to 83.28 the secretary of all vacancies in the new agency within 15 days 83.29 after the creation of the agency. The secretary mayprovide for83.30 require the submission of notices required by this subdivision 83.31 by electronic means. The secretary shall publish monthlyin the83.32State Registeron the Web site of the secretary of state a list 83.33 of all vacancies of which the secretary has been so notified. 83.34 Only one notice of a vacancy shall be so published, unless the 83.35 appointing authority rejects all applicants and requests the 83.36 secretary to republish the notice of vacancy. One copy of the 84.1 listing shall be made available at the office of the secretary 84.2 to any interested person. The secretary shall distribute by 84.3 mail or electronic means copies of the listings to requesting 84.4 persons. The listing for all vacancies scheduled to occur in 84.5 the month of January shall be publishedin the State Registeron 84.6 the Web site of the secretary of state together with the 84.7 compilation of agency data required to be published pursuant to 84.8 subdivision 3. 84.9 If a vacancy occurs within three months after an 84.10 appointment is made to fill a regularly scheduled vacancy, the 84.11 appointing authority may, upon notification by electronic means 84.12 to the secretary, fill the vacancy by appointment from the list 84.13 of persons submitting applications to fill the regularly 84.14 scheduled vacancy. 84.15 Sec. 5. Minnesota Statutes 2002, section 15.0597, 84.16 subdivision 5, is amended to read: 84.17 Subd. 5. [NOMINATIONS FOR VACANCIES.] Any person may make 84.18 a self-nomination for appointment to an agency vacancy by 84.19 completing an application on a form prepared and distributed by 84.20 the secretary. The secretary may provide for the submission of 84.21 the application by electronic means. Any person or group of 84.22 persons may, on the prescribed application form, nominate 84.23 another person to be appointed to a vacancy so long as the 84.24 person so nominated consentsin writingon the application form 84.25 to the nomination. The application form shall specify the 84.26 nominee's name, mailing address, electronic mail address, 84.27 telephone number, preferred agency position sought, a statement 84.28 that the nominee satisfies any legally prescribed 84.29 qualifications, a statement whether the applicant has ever been 84.30 convicted of a felony, and any other information the nominating 84.31 person feels would be helpful to the appointing authority. The 84.32 nominating person has the option of indicating the nominee's 84.33 sex, political party preference or lack thereof, status with 84.34 regard to disability, race, and national origin on the 84.35 application form. The application form shall make the option 84.36 known. If a person submits an application at the suggestion of 85.1 an appointing authority, the person shall so indicate on the 85.2 application form. Twenty-one days after publication of a 85.3 vacancyin the State Registeron the Web site of the secretary 85.4 of state pursuant to subdivision 4, the secretary shall 85.5 submit electronic copies of all applications received for a 85.6 position to the appointing authority charged with filling the 85.7 vacancy. If no applications have been received by the secretary 85.8 for the vacant position by the date when electronic copies must 85.9 be submitted to the appointing authority, the secretary shall so 85.10 inform the appointing authority. Applications received by the 85.11 secretary shall be deemed to have expired one year after receipt 85.12 of the application. An application for a particular agency 85.13 position shall be deemed to be an application for all vacancies 85.14 in that agency occurring prior to the expiration of the 85.15 application and shall be public information. 85.16 Sec. 6. Minnesota Statutes 2002, section 15.0597, 85.17 subdivision 6, is amended to read: 85.18 Subd. 6. [APPOINTMENTS.] In making an appointment to a 85.19 vacant agency position, the appointing authority shall consider 85.20 applications for positions in that agency supplied by the 85.21 secretary. No appointing authority may appoint someone to a 85.22 vacant agency position until (1) ten days after receipt of the 85.23 applications for positions in that agency from the secretary or 85.24 (2) receipt of notice from the secretary that no applications 85.25 have been received for vacant positions in that agency. At 85.26 least five days before the date of appointment, the appointing 85.27 authority shall issue a public announcement and inform the 85.28 secretaryin writingby electronic means of the name of the 85.29 person the appointing authority intends to appoint to fill the 85.30 agency vacancy and the expiration date of that person's term. 85.31 If the appointing authority intends to appoint a person other 85.32 than one for whom an application was submitted pursuant to this 85.33 section, the appointing authority shall complete an application 85.34 form on behalf of the appointee and submit it to the secretary 85.35 indicating on the application that it is submitted by the 85.36 appointing authority. 86.1 Sec. 7. Minnesota Statutes 2002, section 15.0597, 86.2 subdivision 7, is amended to read: 86.3 Subd. 7. [REPORT.] Together with the compilation required 86.4 in subdivision 3, the secretary shall annually deliver to the 86.5 governor and the legislature a report in an electronic format 86.6 containing the following information: 86.7 (1) the number of vacancies occurring in the preceding 86.8 year; 86.9 (2) the number of vacancies occurring as a result of 86.10 scheduled ends of terms, unscheduled vacancies and the creation 86.11 of new positions; 86.12 (3) breakdowns by county, legislative district, and 86.13 congressional district, and, if known, the sex, political party 86.14 preference or lack thereof, status with regard to disability, 86.15 race, and national origin, for members whose agency membership 86.16 terminated during the year and appointees to the vacant 86.17 positions; and 86.18 (4) the number of vacancies filled from applications 86.19 submitted by (i) the appointing authorities for the positions 86.20 filled, (ii) nominating persons and self-nominees who submitted 86.21 applications at the suggestion of appointing authorities, and 86.22 (iii) all others. 86.23 Sec. 8. Minnesota Statutes 2002, section 15.0599, 86.24 subdivision 4, is amended to read: 86.25 Subd. 4. [REGISTRATION; INFORMATION REQUIRED.] (a) The 86.26 appointing authority of a newly established agency or the 86.27 authority's designee shall provide the secretary with the 86.28 following information: 86.29 (1) the name, mailing address, electronic mail address, and 86.30 telephone number of the agency; 86.31 (2) the legal authority for the establishment of the agency 86.32 and the name and the title of the person or persons appointing 86.33 agency members; 86.34 (3) the powers and duties of the agency and whether the 86.35 agency, however designated, is best described by section 15.012, 86.36 paragraph (a), (b), (c), (e), or (f); 87.1 (4) the number of authorized members, together with any 87.2 prescribed restrictions on eligibility; 87.3 (5) the roster of current members, including mailing 87.4 addresses, electronic mail addresses, and telephone numbers; 87.5 (6) a breakdown of the membership showing distribution by 87.6 county, legislative district, and congressional district and 87.7 compliance with any restrictions listed in accordance with 87.8 clause (4); 87.9 (7) if any members have voluntarily provided the 87.10 information, the sex, age, political preference or lack of 87.11 preference, status with regard to disability, race, and national 87.12 origin of those members; 87.13 (8) the dates of commencement and expiration of membership 87.14 terms and the expiration date of the agency, if any; 87.15 (9) the compensation of members and appropriations or other 87.16 money available to the agency; 87.17 (10) the name of the state agency or other entity, if any, 87.18 required to provide staff or administrative support to the 87.19 agency; 87.20 (11) the regular meeting schedule, if any, and the 87.21 approximate number of hours a month of meetings or other 87.22 activities required of members; and 87.23 (12) a brief statement of the goal or purpose of the 87.24 agency, along with a summary of what an existing agency has 87.25 done, or what a newly established agency plans to do to achieve 87.26 its goal or purpose. 87.27 The publication requirement under clause (5) may be met by 87.28 publishing a member's home or business address and telephone 87.29 number, the address and telephone number of the agency to which 87.30 the member is appointed, the member's electronic mail address, 87.31 or any other information that would enable the public to 87.32 communicate with the member. 87.33 (b) The chair of an existing agency or the chair's designee 87.34 shall provide information, covering the fiscal year in which it 87.35 is registering, on the number of meetings it has held, its 87.36 expenses, and the number of staff hours, if any, devoted to its 88.1 support. The chair or designee shall also, if necessary, update 88.2 any of the information previously provided in accordance with 88.3 paragraph (a). 88.4 (c) The secretary shall provide electronic forms for the 88.5 reporting of information required by this subdivision and 88.6 mayprovide forrequire reporting by electronic means. 88.7 Sec. 9. Minnesota Statutes 2003 Supplement, section 88.8 126C.17, subdivision 9, is amended to read: 88.9 Subd. 9. [REFERENDUM REVENUE.] (a) The revenue authorized 88.10 by section 126C.10, subdivision 1, may be increased in the 88.11 amount approved by the voters of the district at a referendum 88.12 called for the purpose. The referendum may be called by the 88.13 board or shall be called by the board upon written petition of 88.14 qualified voters of the district. The referendum must be 88.15 conducted one or two calendar years before the increased levy 88.16 authority, if approved, first becomes payable. Only one 88.17 election to approve an increase may be held in a calendar year. 88.18 Unless the referendum is conducted by mail under paragraph (g), 88.19 the referendum must be held on the first Tuesday after the first 88.20 Monday in November. The ballot must state the maximum amount of 88.21 the increased revenue per resident marginal cost pupil unit, the 88.22 estimated referendum tax rate as a percentage of referendum 88.23 market value in the first year it is to be levied, and that the 88.24 revenue must be used to finance school operations. The ballot 88.25 may state a schedule, determined by the board, of increased 88.26 revenue per resident marginal cost pupil unit that differs from 88.27 year to year over the number of years for which the increased 88.28 revenue is authorized. If the ballot contains a schedule 88.29 showing different amounts, it must also indicate the estimated 88.30 referendum tax rate as a percent of referendum market value for 88.31 the amount specified for the first year and for the maximum 88.32 amount specified in the schedule. The ballot may state that 88.33 existing referendum levy authority is expiring. In this case, 88.34 the ballot may also compare the proposed levy authority to the 88.35 existing expiring levy authority, and express the proposed 88.36 increase as the amount, if any, over the expiring referendum 89.1 levy authority. The ballot must designate the specific number 89.2 of years, not to exceed ten, for which the referendum 89.3 authorization applies. The notice required under section 275.60 89.4 may be modified to read, in cases of renewing existing levies: 89.5 "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 89.6 FOR A PROPERTY TAX INCREASE." 89.7 The ballot may contain a textual portion with the 89.8 information required in this subdivision and a question stating 89.9 substantially the following: 89.10 "Shall the increase in the revenue proposed by (petition 89.11 to) the board of ........., School District No. .., be approved?" 89.12 If approved, an amount equal to the approved revenue per 89.13 resident marginal cost pupil unit times the resident marginal 89.14 cost pupil units for the school year beginning in the year after 89.15 the levy is certified shall be authorized for certification for 89.16 the number of years approved, if applicable, or until revoked or 89.17 reduced by the voters of the district at a subsequent referendum. 89.18 (b) The board must prepare and deliver by first class mail 89.19 at least 15 days but no more than 30 days before the day of the 89.20 referendum to each taxpayer a notice of the referendum and the 89.21 proposed revenue increase. The board need not mail more than 89.22 one notice to any taxpayer. For the purpose of giving mailed 89.23 notice under this subdivision, owners must be those shown to be 89.24 owners on the records of the county auditor or, in any county 89.25 where tax statements are mailed by the county treasurer, on the 89.26 records of the county treasurer. Every property owner whose 89.27 name does not appear on the records of the county auditor or the 89.28 county treasurer is deemed to have waived this mailed notice 89.29 unless the owner has requested in writing that the county 89.30 auditor or county treasurer, as the case may be, include the 89.31 name on the records for this purpose. The notice must project 89.32 the anticipated amount of tax increase in annual dollars and 89.33 annual percentage for typical residential homesteads, 89.34 agricultural homesteads, apartments, and commercial-industrial 89.35 property within the school district. The notice is not an 89.36 official ballot. 90.1 The notice for a referendum may state that an existing 90.2 referendum levy is expiring and project the anticipated amount 90.3 of increase over the existing referendum levy in the first year, 90.4 if any, in annual dollars and annual percentage for typical 90.5 residential homesteads, agricultural homesteads, apartments, and 90.6 commercial-industrial property within the district. 90.7 The notice must include the following statement: "Passage 90.8 of this referendum will result in an increase in your property 90.9 taxes." However, in cases of renewing existing levies, the 90.10 notice may include the following statement: "Passage of this 90.11 referendum may result in an increase in your property taxes." 90.12 (c) A referendum on the question of revoking or reducing 90.13 the increased revenue amount authorized pursuant to paragraph 90.14 (a) may be called by the board and shall be called by the board 90.15 upon the written petition of qualified voters of the district. 90.16 A referendum to revoke or reduce the revenue amount must state 90.17 the amount per resident marginal cost pupil unit by which the 90.18 authority is to be reduced. Revenue authority approved by the 90.19 voters of the district pursuant to paragraph (a) must be 90.20 available to the school district at least once before it is 90.21 subject to a referendum on its revocation or reduction for 90.22 subsequent years. Only one revocation or reduction referendum 90.23 may be held to revoke or reduce referendum revenue for any 90.24 specific year and for years thereafter. 90.25 (d) A petition authorized by paragraph (a) or (c) is 90.26 effective if signed by a number of qualified voters in excess of 90.27 15 percent of the registered voters of the district on the day 90.28 the petition is filed with the board. A referendum invoked by 90.29 petition must be held on the date specified in paragraph (a). 90.30 (e) The approval of 50 percent plus one of those voting on 90.31 the question is required to pass a referendum authorized by this 90.32 subdivision. 90.33 (f) At least 15 days before the day of the referendum, the 90.34 district must submit a copy of the notice required under 90.35 paragraph (b) to the commissioner and to the county auditor of 90.36 each county in which the district is located. Within 15 days 91.1 after the results of the referendum have been certified by the 91.2 board, or in the case of a recount, the certification of the 91.3 results of the recount by the canvassing board, the district 91.4 must notify the commissioner of the results of the referendum. 91.5 Sec. 10. Minnesota Statutes 2002, section 201.071, 91.6 subdivision 3, is amended to read: 91.7 Subd. 3. [DEFICIENT REGISTRATION.] No registration is 91.8 deficient if it contains the voter's name, address, date of 91.9 birth, prior registration if any and signature. The absence of 91.10 a zip code number does not cause the registration to be 91.11 deficient. The election judges shall request an individual to 91.12 correct a registrationcardapplication if it is deficient or 91.13 illegible or if the name or number of the voter's school 91.14 district is missing or obviously incorrect. No eligible voter 91.15 may be prevented from voting unless the voter's 91.16 registrationcardapplication is deficient or the voter is duly 91.17 and successfully challenged in accordance with section 201.195 91.18 or 204C.12. 91.19 A registration card accepted prior to August 1, 1983, is 91.20 not deficient for lack of date of birth. The county or 91.21 municipality may attempt to obtain the date of birth for a 91.22 registration card accepted prior to August 1, 1983, by a request 91.23 to the voter at any time except at the polling place. Failure 91.24 by the voter to comply with this request does not make the 91.25 registration deficient. 91.26 The secretary of state shall prescribe the form for a 91.27 county or municipality to request the date of birth from 91.28 currently registered voters. The county or municipality must 91.29 not request the date of birth from currently registered voters 91.30 by any communication other than the prescribed form and the form 91.31 must clearly indicate that a currently registered voter does not 91.32 lose registration status by failing to provide the date of birth. 91.33 A registration application is not deficient for lack of a 91.34 telephone number. 91.35 Sec. 11. Minnesota Statutes 2002, section 201.161, is 91.36 amended to read: 92.1 201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 92.2 APPLICATIONS.] 92.3 The Department of Public Safety shall change its 92.4 applications for an original, duplicate, or change of address 92.5 driver's license or identification card so that the forms may 92.6 also serve as voter registrationcardsapplications. The forms 92.7 must contain spaces fortheall informationrequired in section92.8201.071, subdivision 1, and applicable rules ofcollected by 92.9 voter registration applications prescribed by the secretary of 92.10 state. Applicants for driver's licenses or identification cards 92.11 must be asked if they want to register to vote at the same 92.12 time. A copy of each application containing a completed voter 92.13 registration must be sent to the county auditor of the county in 92.14 which the voter maintains residence or to the secretary of state 92.15 as soon as possible. The computerized driver's license record 92.16 information relating to name, address, date of birth, driver's 92.17 license number, county, town, and city must be made available 92.18 for access by the secretary of state and interaction with the 92.19 statewide voter registration system. 92.20 Sec. 12. Minnesota Statutes 2002, section 201.1611, 92.21 subdivision 1, is amended to read: 92.22 Subdivision 1. [FORMS.] All postsecondary institutions 92.23 that enroll students accepting state or federal financial aid 92.24 shall provide voter registration forms to each student as early 92.25 as possible in the fall quarter. All school districts shall 92.26 make available voter registration applications each May and 92.27 September to all students registered as students of the school 92.28 district who will be eligible to vote at the next election after 92.29 those months. A school district has no obligation to provide 92.30 voter registration applications to students who participate in a 92.31 postsecondary education option program or who otherwise reside 92.32 in the district but do not attend a school operated by the 92.33 district. A school district fulfills its obligation to a 92.34 student under this section if it provides a voter registration 92.35 application to the student one time. The forms must contain 92.36 spaces for the information required in section 201.071, 93.1 subdivision 1, and applicable rules of the secretary of state. 93.2 The institutions and school districts may request these forms 93.3 from the secretary of state. Institutions shall consult with 93.4 their campus student government in determining the most 93.5 effective means of distributing the forms and in seeking to 93.6 facilitate election day registration of students under section 93.7 201.061, subdivision 3. School districts must advise students 93.8 that completion of the voter registration applications is not a 93.9 school district requirement. 93.10 Sec. 13. Minnesota Statutes 2002, section 201.171, is 93.11 amended to read: 93.12 201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 93.13 REGISTRATION REMOVED.] 93.14 Within six weeks after every election, the county auditor 93.15 shall post the voting history for every person who voted in the 93.16 election. After the close of the calendar year, the secretary 93.17 of state shall determine if any registrants have not voted 93.18 during the preceding four years and shall change the status of 93.19 those registrants to "inactive" in the statewide registration 93.20 system. The secretary of state shall also prepare a report to 93.21 the county auditor containing the names of all registrants whose 93.22 status was changed to "inactive." 93.23 Registrants whose status was changed to "inactive" must 93.24 register in the manner specified in section 201.054 before 93.25 voting in any primary, special primary, general, school 93.26 district, or special election, as required by section 201.018. 93.27 Although not counted in an election, a late absentee ballot 93.28 must be considered a vote for the purpose of continuing 93.29 registration. 93.30 Sec. 14. Minnesota Statutes 2002, section 201.221, 93.31 subdivision 3, is amended to read: 93.32 Subd. 3. [PROCEDURES FOR POLLING PLACE ROSTERS.] The 93.33 secretary of state shall prescribe the form of polling place 93.34 rosters that include the voter's name, address, date of birth, 93.35 school district number, and space for the voter's signature. 93.36 The polling place roster must be used to indicate whether the 94.1 voter has voted in a given election. The secretary of state 94.2 shall prescribe procedures for transporting the polling place 94.3 rosters to the election judges for use on election day.The94.4secretary of state shall prescribe the form for a county or94.5municipality to request the date of birth from currently94.6registered voters. The county or municipality shall not request94.7the date of birth from currently registered voters by any94.8communication other than the prescribed form and the form must94.9clearly indicate that a currently registered voter does not lose94.10registration status by failing to provide the date of birth.In 94.11 accordance with section 204B.40, the county auditor shall retain 94.12 the prescribed polling place rosters used on the date of 94.13 election forone year22 months following the election. 94.14 Sec. 15. Minnesota Statutes 2002, section 202A.14, 94.15 subdivision 3, is amended to read: 94.16 Subd. 3. [NOTICE.] The county or legislative district 94.17 chair shall give at least six days' published notice of the 94.18 holding of the precinct caucus, stating the place, date, and 94.19 time for holding the caucus, and shall deliver the same 94.20 information to the municipal clerk and county auditor at least 94.21 20 days before the precinct caucus. The county auditor shall 94.22 make this information available at least ten days before the 94.23 date of the caucuses to persons who request it. 94.24 Sec. 16. Minnesota Statutes 2002, section 203B.085, is 94.25 amended to read: 94.26 203B.085 [COUNTY AUDITOR'SOFFICEAND MUNICIPAL CLERK'S 94.27 OFFICES TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.] 94.28 The county auditor's office in each county and the clerk's 94.29 office in each city or town authorized under section 203B.05 to 94.30 administer absentee balloting must be open for acceptance of 94.31 absentee ballot applications and casting of absentee ballots 94.32 from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. 94.33 onMondaythe day immediately preceding a primary, special, or 94.34 general election unless that day falls on a Saturday or Sunday. 94.35 Town clerks' offices must be open for absentee voting from 10:00 94.36 a.m. to 12:00 noon on the Saturday before a town general 95.1 election held in March. The school district clerk, when 95.2 performing the county auditor's election duties, need not comply 95.3 with this section. 95.4 Sec. 17. Minnesota Statutes 2002, section 203B.125, is 95.5 amended to read: 95.6 203B.125 [SECRETARY OF STATE TO MAKE RULES.] 95.7 Subdivision 1. [AUTHORIZED RULEMAKING.] The secretary of 95.8 state shall adopt rules establishing methods and procedures for 95.9 issuing ballot cards and related absentee forms to be used as 95.10 provided in section 203B.08, subdivision 1a, and for the 95.11 reconciliation of voters and ballot cards before tabulation 95.12 under section 203B.12. 95.13 Subd. 2. [EMERGENCY PROCEDURES.] The secretary of state 95.14 may designate alternate methods for handling absentee ballots 95.15 during periods of declared national or state emergency as 95.16 described by section 12.31. This authority is exempt from the 95.17 requirements of chapter 14. 95.18 Sec. 18. Minnesota Statutes 2002, section 204B.06, 95.19 subdivision 1, is amended to read: 95.20 Subdivision 1. [FORM OF AFFIDAVIT.] (a) An affidavit of 95.21 candidacy shall state the name of the office sought and shall 95.22 state that the candidate: 95.23 (1) is an eligible voter; 95.24 (2) has no other affidavit on file as a candidate for any 95.25 office at the same primary or next ensuing general election, 95.26 except that a candidate for soil and water conservation district 95.27 supervisor in a district not located in whole or in part in 95.28 Anoka, Hennepin, Ramsey, or Washington County, may also have on 95.29 file an affidavit of candidacy for mayor or council member of a 95.30 statutory or home rule charter city of not more than 2,500 95.31 population contained in whole or in part in the soil and water 95.32 conservation district or for town supervisor in a town of not 95.33 more than 2,500 population contained in whole or in part in the 95.34 soil and water conservation district; and 95.35 (3) is, or will be on assuming the office, 21 years of age 95.36 or more, and will have maintained residence in the district from 96.1 which the candidate seeks election for 30 days before the 96.2 general election. 96.3 An affidavit of candidacy must include a statement that the 96.4 candidate's name as written on the affidavit for ballot 96.5 designation is the candidate's true name or the name by which 96.6 the candidate is commonly and generally known in the community. 96.7 An affidavit of candidacy for partisan office shall also 96.8 state the name of the candidate's political party or political 96.9 principle, stated in three words or less. 96.10 (b)This subdivision does not apply to a candidate96.11 Candidates for president or vice-president of the United 96.12 States are not required to file an affidavit of candidacy for 96.13 office and this subdivision does not apply to those candidates. 96.14 Sec. 19. Minnesota Statutes 2002, section 204B.07, 96.15 subdivision 2, is amended to read: 96.16 Subd. 2. [PETITIONS FOR PRESIDENTIAL ELECTORS.] This 96.17 subdivision does not apply to candidates for presidential 96.18 elector nominated by major political parties. Major party 96.19 candidates for presidential elector are certified under section 96.20 208.03. Other presidential electors are nominated by petition 96.21 pursuant to this section. On petitions nominating presidential 96.22 electors, the names of the candidates for president and 96.23 vice-president shall be added to the political party or 96.24 political principle stated on the petition. One petition may be 96.25 filed to nominate a slate of presidential electors equal in 96.26 number to the number of electors to which the state is 96.27 entitled.This subdivision does not apply to candidates for96.28presidential elector nominated by major political parties.96.29Major party candidates for presidential elector are certified96.30under section 208.03.96.31 Sec. 20. Minnesota Statutes 2002, section 204B.09, 96.32 subdivision 1, is amended to read: 96.33 Subdivision 1. [CANDIDATES IN STATE AND COUNTY GENERAL 96.34 ELECTIONS.] (a) Except as otherwise provided by this 96.35 subdivision, affidavits of candidacy and nominating petitions 96.36 for county, state, and federal offices filled at the state 97.1 general election shall be filed not more than 70 days nor less 97.2 than 56 days before the state primary. The affidavit may be 97.3 prepared and signed at any time between 60 days before the 97.4 filing period opens and the last day of the filing period. 97.5 (b) Notwithstanding other law to the contrary, the 97.6 affidavit of candidacy must be signed in the presence of a 97.7 notarial officer or an individual authorized to administer oaths 97.8 under section 358.10. 97.9 (c) This provision does not apply to candidates for 97.10 presidential elector nominated by major political parties. 97.11 Major party candidates for presidential elector are certified 97.12 under section 208.03. Other candidates for presidential 97.13 electors may file petitions on or before the state primary day 97.14 pursuant to section 204B.07. Nominating petitions to fill 97.15 vacancies in nominations shall be filed as provided in section 97.16 204B.13. No affidavit or petition shall be accepted later than 97.17 5:00 p.m. on the last day for filing. 97.18 (d) Affidavits and petitions for offices to be voted on in 97.19 only one county shall be filed with the county auditor of that 97.20 county. Affidavits and petitions for offices to be voted on in 97.21 more than one county shall be filed with the secretary of state. 97.22 Sec. 21. Minnesota Statutes 2002, section 204B.09, 97.23 subdivision 3, is amended to read: 97.24 Subd. 3. [WRITE-IN CANDIDATES.] (a) A candidate for state 97.25 or federal office who wants write-in votes for the candidate to 97.26 be counted must file a written request with the filing office 97.27 for the office sought no later than the fifth day before the 97.28 general election. The filing officer shall provide copies of 97.29 the form to make the request. 97.30 (b) A candidate for president of the United States who 97.31 files a request under this subdivision must include the name of 97.32 a candidate for vice-president of the United States. The 97.33 request must also include the name of at least one candidate for 97.34 presidential elector. The total number of names of candidates 97.35 for presidential elector on the request may not exceed the total 97.36 number of electoral votes to be cast by Minnesota in the 98.1 presidential election. 98.2 (c) A candidate for governor who files a request under this 98.3 subdivision must include the name of a candidate for lieutenant 98.4 governor. 98.5 Sec. 22. Minnesota Statutes 2002, section 204B.16, 98.6 subdivision 3, is amended to read: 98.7 Subd. 3. [DESIGNATION EFFECTIVE UNTIL CHANGED.] The 98.8 designation of a polling place pursuant to this section shall 98.9 remain effective until a different polling place is designated 98.10 for that precinct. No designation of a new or different polling 98.11 place shall become effective less than 90 days prior to an 98.12 election, including school district elections or referenda, and 98.13 no polling place changes may occur during the period between the 98.14 state primary and the state general election, except that a new 98.15 polling place may be designated to replace a polling place that 98.16 has become unavailable for use. 98.17 Sec. 23. Minnesota Statutes 2002, section 204B.19, 98.18 subdivision 1, is amended to read: 98.19 Subdivision 1. [INDIVIDUALS QUALIFIED TO BE ELECTION 98.20 JUDGES.] Except as provided in subdivision 6, any individual who 98.21 is eligible to vote inan election precinctthis state is 98.22 qualified to be appointed as an election judgefor that precinct98.23subject to this section.If the files of the appointing98.24authority do not contain sufficient voters within a precinct who98.25are qualified and willing to serve as election judges, election98.26judges may be appointed who reside in another precinct in the98.27same municipality, or for school district elections, in the same98.28school district, whether or not the precinct where they reside98.29is in the same county as the precinct where they will serve. If98.30there are not sufficient voters within the municipality or98.31school district who are qualified and willing to serve as98.32election judges, election judges may be appointed who reside in98.33the county where the precinct is located.98.34 Sec. 24. Minnesota Statutes 2002, section 204B.19, 98.35 subdivision 6, is amended to read: 98.36 Subd. 6. [HIGH SCHOOL STUDENTS.] Notwithstanding any other 99.1 requirements of this section, a student enrolled in a high 99.2 school in Minnesota or who is in a homeschool in compliance with 99.3 sections 120A.22 and 120A.24, who has attained the age of 16 is 99.4 eligible to be appointed as a without party affiliation trainee 99.5 election judge in the county in which the student resides. The 99.6 student must meet qualifications for trainee election judges 99.7 specified in rules of the secretary of state. A student 99.8 appointed as a trainee election judge may be excused from school 99.9 attendance during the hours that the student is serving as a 99.10 trainee election judge if the student submits a written request 99.11 signed and approved by the student's parent or guardian to be 99.12 absent from school and a certificate from the appointing 99.13 authority stating the hours during which the student will serve 99.14 as a trainee election judge to the principal of the school at 99.15 least ten days prior to the election. Students shall not serve 99.16 as trainee election judges after 10:00 p.m. Notwithstanding 99.17 section 177.24 to the contrary, trainee election judges may be 99.18 paid not less than two-thirds of the minimum wage for a large 99.19 employer. The principal of the school may approve a request to 99.20 be absent from school conditioned on acceptable academic 99.21 performanceand the requirement that the student must have99.22completed or be enrolled in a course of study in governmentat 99.23 the time of service as a trainee election judge. 99.24 Sec. 25. Minnesota Statutes 2002, section 204B.22, is 99.25 amended by adding a subdivision to read: 99.26 Subd. 4. [ELECTION JUDGE TRAINEES NOT COUNTED TOWARD 99.27 MINIMUM NUMBER OF ELECTION JUDGES.] The presence or 99.28 participation of election judge trainees must not be counted 99.29 toward satisfying any of the required numbers of election judges 99.30 in this chapter. 99.31 Sec. 26. Minnesota Statutes 2002, section 204B.36, 99.32 subdivision 4, is amended to read: 99.33 Subd. 4. [JUDICIAL CANDIDATES.] The official ballot shall 99.34 contain the names of all candidates for each judicial office and 99.35 shall state the number of those candidates for whom a voter may 99.36 vote. Each seat for an associate justice, associate judge, or 100.1 judge of the district court must be numbered. The words 100.2 "SUPREME COURT," "COURT OF APPEALS," and "(number) DISTRICT 100.3 COURT" must be printed above the respective judicial office 100.4 groups on the ballot. The title of each judicial office shall 100.5 be printed on the official primary and general election ballot 100.6 as follows: 100.7 (a) In the case of the Supreme Court: 100.8 "Chief justice- Supreme Court"; 100.9 "Associate justice (number)- Supreme Court" 100.10 (b) In the case of the Court of Appeals: 100.11 "Judge (number)- Court of Appeals"; or 100.12 (c) In the case of the district court: 100.13 "Judge (number)- (number) district court." 100.14 Sec. 27. Minnesota Statutes 2002, section 204B.41, is 100.15 amended to read: 100.16 204B.41 [VACANCY IN NOMINATION; CHANGING BALLOTS.] 100.17 When a vacancy in nomination occurs through the death or 100.18 catastrophic illness of a candidate after the 16th day before 100.19 the general election, the officer in charge of preparing the 100.20 ballots shall prepare and distribute a sufficient number of 100.21 separate paper ballots which shall be headed with the words 100.22 "OFFICIAL SUPPLEMENTAL BALLOT." This ballot shall contain the 100.23 title of the office for which the vacancy in nomination has been 100.24 filled and the names of all the candidates nominated for that 100.25 office. The ballot shall conform to the provisions governing 100.26 the printing of other official ballots as far as practicable. 100.27 The title of the office and the names of the candidates for that 100.28 office shall be blotted out or stricken from the regular ballots 100.29 by the election judges. The official supplemental ballot shall 100.30 be given to each voter when the voter is given the regular 100.31 ballot or is directed to the voting machine. Regular ballots 100.32 shall not be changed nor shall official supplemental ballots be 100.33 prepared as provided in this section during thethreesix 100.34 calendar days before an election. Absentee ballots that have 100.35 been mailed prior to the preparation of official supplemental 100.36 ballots shall be counted in the same manner as if the vacancy 101.1 had not occurred.Official supplemental ballots shall not be101.2mailed to absent voters to whom ballots were mailed before the101.3official supplemental ballots were prepared.Both an official 101.4 supplemental ballot and a replacement regular ballot from which 101.5 the title of the office and names of the candidates for that 101.6 office have been blotted out or stricken as provided in this 101.7 section must be provided to each absentee voter or voter 101.8 residing in a precinct voting by mail who requests either of 101.9 them under section 203B.06, subdivision 3. The election judges 101.10 conducting absentee voting in health care facilities as provided 101.11 in section 203B.11, subdivision 1, must deliver official 101.12 supplemental ballots and replacement regular ballots to those 101.13 facilities no later than 5:00 p.m. on the day before the 101.14 election. 101.15 Sec. 28. Minnesota Statutes 2002, section 204C.06, is 101.16 amended by adding a subdivision to read: 101.17 Subd. 8. [ACCESS FOR NEWS MEDIA.] The county auditor or 101.18 municipal or school district clerk, or their designee, may, by 101.19 written authorization, permit news media representatives to 101.20 enter polling places for up to 15 minutes during voting hours to 101.21 observe the voting process. A media representative must obtain 101.22 prior authorization and present photo identification to the head 101.23 election judge upon arrival at the polling place and must not 101.24 otherwise: 101.25 (1) approach within six feet of an election judge or voter; 101.26 (2) converse with a voter while in the polling place; 101.27 (3) make a list of persons voting or not voting; or 101.28 (4) interview a voter within the polling place. 101.29 Sec. 29. Minnesota Statutes 2002, section 204C.20, 101.30 subdivision 2, is amended to read: 101.31 Subd. 2. [EXCESS BALLOTS.] If two or more ballots are 101.32 found folded together like a single ballot, the election judges 101.33 shall lay them aside until all the ballots in the box have been 101.34 counted. If it is evident from the number of ballots to be 101.35 counted that the ballots folded together were cast by one voter, 101.36 the election judges shall preserve but not count them. If the 102.1 number of ballots in one box exceeds the number to be counted, 102.2 the election judges shall examine all the ballots in the box to 102.3 ascertain that all are properly marked with the initials of the 102.4 election judges. If any ballots are not properly marked with 102.5 the initials of the election judges, the election judges shall 102.6 preserve but not count them; however, if the number of ballots 102.7 does not exceed the number to be counted, the absence of either 102.8 or both sets of initials of the election judges does not, by 102.9 itself, disqualify the vote from being counted and must not be 102.10 the basis of a challenge in a recount. If there is still an 102.11 excess of properly marked ballots, the election judges shall 102.12 replace them in the box, and one election judge, without 102.13 looking, shall withdraw from the box a number of ballots equal 102.14 to the excess. The withdrawn ballots shall not be counted but 102.15 shall be preserved as provided in subdivision 4. 102.16 Sec. 30. Minnesota Statutes 2002, section 204C.33, 102.17 subdivision 1, is amended to read: 102.18 Subdivision 1. [COUNTY CANVASS.] The county canvassing 102.19 board shall meet at the county auditor's office on or before the 102.20 seventh day following the state general election. After taking 102.21 the oath of office, the board shall promptly and publicly 102.22 canvass the general election returns delivered to the county 102.23 auditor. Upon completion of the canvass, the board shall 102.24 promptly prepare and file with the county auditor a report which 102.25 states: 102.26 (a) The number of individuals voting at the election in the 102.27 county and in each precinct; 102.28 (b) The number of individuals registering to vote on 102.29 election day and the number of individuals registered before 102.30 election day in each precinct; 102.31 (c) The names of the candidates for each office and the 102.32 number of votes received by each candidate in the county and in 102.33 each precinct, including write-in candidates for state and 102.34 federal office who have requested under section 204B.09 that 102.35 votes for those candidates be tallied; 102.36 (d) The number of votes counted for and against a proposed 103.1 change of county lines or county seat; and 103.2 (e) The number of votes counted for and against a 103.3 constitutional amendment or other question in the county and in 103.4 each precinct. 103.5 The result of write-in votes cast on the general election 103.6 ballots must be compiled by the county auditor before the county 103.7 canvass, except that write-in votes for a candidate for state or 103.8 federal office must not be counted unless the candidate has 103.9 timely filed a request under section 204B.09, subdivision 3. 103.10 The county auditor shall arrange for each municipality to 103.11 provide an adequate number of election judges to perform this 103.12 duty or the county auditor may appoint additional election 103.13 judges for this purpose. The county auditor may open the 103.14 envelopes or containers in which the voted ballots have been 103.15 sealed in order to count and record the write-in votes and must 103.16 reseal the voted ballots at the conclusion of this process. 103.17 Upon completion of the canvass, the county canvassing board 103.18 shall declare the candidate duly elected who received the 103.19 highest number of votes for each county and state office voted 103.20 for only within the county. The county auditor shall transmit 103.21 one of the certified copies of the county canvassing board 103.22 report for state and federal offices to the secretary of state 103.23 by express mail or similar service immediately upon conclusion 103.24 of the county canvass. 103.25 Sec. 31. Minnesota Statutes 2002, section 204C.35, is 103.26 amended by adding a subdivision to read: 103.27 Subd. 3. [SCOPE OF RECOUNT.] A recount conducted as 103.28 provided in this section is limited in scope to the 103.29 determination of the number of votes validly cast for the office 103.30 to be recounted. Only the ballots cast in the election and the 103.31 summary statements certified by the election judges may be 103.32 considered in the recount process. 103.33 Sec. 32. Minnesota Statutes 2002, section 204C.36, 103.34 subdivision 1, is amended to read: 103.35 Subdivision 1. [REQUIREDAUTOMATIC RECOUNTS.](a) Except103.36as provided in paragraph (b), a losing candidate for nomination104.1or election to a county, municipal, or school district office104.2may request a recount of the votes cast for the nomination or104.3election to that office if the difference between the vote cast104.4for that candidate and for a winning candidate for nomination or104.5election is less than one-half of one percent of the total votes104.6counted for that office. In case of offices where two or more104.7seats are being filled from among all the candidates for the104.8office, the one-half of one percent difference is between the104.9elected candidate with the fewest votes and the candidate with104.10the most votes from among the candidates who were not elected.104.11(b) A losing candidate for nomination or election to a104.12county, municipal, or school district office may request a104.13recount of the votes cast for nomination or election to that104.14office if the difference between the vote cast for that104.15candidate and for a winning candidate for nomination or election104.16is ten votes or less, and the total number of votes cast for the104.17nomination or election of all candidates is no more than 400.104.18In cases of offices where two or more seats are being filled104.19from among all the candidates for the office, the ten vote104.20difference is between the elected candidate with the fewest104.21votes and the candidate with the most votes from among the104.22candidates who were not elected.104.23(c) Candidates for county offices shall file a written104.24request for the recount with the county auditor. Candidates for104.25municipal or school district offices shall file a written104.26request with the municipal or school district clerk as104.27appropriate. All requests shall be filed during the time for104.28notice of contest of the primary or election for which a recount104.29is sought.104.30(d) Upon receipt of a request made pursuant to this104.31section, the county auditor shall recount the votes for a county104.32office at the expense of the county, the governing body of the104.33municipality shall recount the votes for a municipal office at104.34the expense of the municipality, and the school board of the104.35school district shall recount the votes for a school district104.36office at the expense of the school district.(a) If the 105.1 difference between the votes cast for the candidates for 105.2 nomination to a county, municipal, or school district office: 105.3 (1) is less than one-half of one percent of the total 105.4 number of votes counted for that nomination; or 105.5 (2) is ten votes or less and the total number of votes cast 105.6 for that nomination is 400 votes or less, 105.7 and the difference determines the nomination, the canvassing 105.8 board with responsibility for declaring the results for that 105.9 office must recount the vote. The scope of the recount is 105.10 solely to recount the votes counted on election day. 105.11 (b) In a general election, if the difference between the 105.12 votes of a candidate who would otherwise be declared elected to 105.13 a county, municipal, or school district office and the votes of 105.14 any other candidate for that office: 105.15 (1) is less than one-half of one percent of the total 105.16 number of votes counted for that office; or 105.17 (2) is ten votes or less if the total number of votes cast 105.18 for that office is 400 votes or less, 105.19 the canvassing board must recount the votes. The scope of the 105.20 recount is solely to recount the votes counted on election day. 105.21 (c) In the case of offices where two or more seats are 105.22 being filled from among all the candidates for the office, the 105.23 one-half of one percent difference is between the elected 105.24 candidate with the fewest votes and the candidate with the most 105.25 votes from among the candidates who were not elected. In cases 105.26 of offices where two or more seats are being filled from among 105.27 all the candidates for the office, the ten vote difference is 105.28 between the elected candidate with the fewest votes and the 105.29 candidate with the most votes from among the candidates who were 105.30 not elected. 105.31 (d) A recount must not delay any other part of the 105.32 canvass. The results of the recount must be certified by the 105.33 canvassing board as soon as possible. 105.34 (e) Time for notice of a contest for an office which is 105.35 recounted under this section begins to run on certification of 105.36 the results of the recount by the canvassing board. 106.1 (f) A losing candidate may waive a recount required under 106.2 this section by filing a written notice of waiver with the 106.3 canvassing board. 106.4 (g) The county auditor must recount the votes for a county 106.5 office at the expense of the county, the governing body of the 106.6 municipality must recount the votes for a municipal office at 106.7 the expense of the municipality, and the school board of the 106.8 school district must recount the votes for a school district 106.9 office at the expense of the school district. 106.10 Sec. 33. Minnesota Statutes 2002, section 204C.36, 106.11 subdivision 3, is amended to read: 106.12 Subd. 3. [DISCRETIONARYBALLOT QUESTION RECOUNTS.] (a) A 106.13 recountmaymust be conducted for a ballot question when the 106.14 difference between the votes for and the votes against the 106.15 question is less than or equal to the difference provided in 106.16 subdivision 1. The expenses for the recount must be paid for by 106.17 the political subdivision placing the question on the ballot. 106.18 (b) In other cases, a recount may be requested by any 106.19 person eligible to vote on the ballot question. A written 106.20 request for a recount must be filed with the filing officer of 106.21 the county, municipality, or school district placing the 106.22 question on the ballot and must be accompanied by a petition 106.23 containing the signatures of 25 voters eligible to vote on the 106.24 question.If the difference between the votes for and the votes106.25against the question is greater than the difference provided in106.26subdivision 1,The person requesting the recount shall also file 106.27 with the filing officer of the county, municipality, or school 106.28 district a bond, cash, or surety in an amount set by the 106.29 appropriate governing body for the payment of recount expenses. 106.30 The written request, petition, and any bond, cash, or surety 106.31 required must be filed during the time for notice of contest for 106.32 the election for which the recount is requested. 106.33 Sec. 34. Minnesota Statutes 2002, section 204C.36, is 106.34 amended by adding a subdivision to read: 106.35 Subd. 6. [SCOPE OF RECOUNT.] A recount conducted as 106.36 provided in this section is limited in scope to the 107.1 determination of the number of votes validly cast for the office 107.2 or question to be recounted. Only the ballots cast in the 107.3 election and the summary statements certified by the election 107.4 judges may be considered in the recount process. 107.5 Sec. 35. Minnesota Statutes 2002, section 204C.361, is 107.6 amended to read: 107.7 204C.361 [RULES FOR RECOUNTS.] 107.8 (a) The secretary of state shall adopt rules according to 107.9 the Administrative Procedure Act establishing uniform recount 107.10 procedures. All recounts provided for by sections 204C.35, 107.11 204C.36, and 206.88, shall be conducted in accordance with these 107.12 rules. 107.13 (b) Notwithstanding Minnesota Rules, part 8235.0800, the 107.14 requirement that ballots be recounted by precinct means that a 107.15 recount official shall maintain the segregation of ballots by 107.16 precinct but the recount official may recount more than one 107.17 precinct at a time in physically separate locations within the 107.18 room in which the recount is administered. 107.19 Sec. 36. Minnesota Statutes 2002, section 204D.14, is 107.20 amended by adding a subdivision to read: 107.21 Subd. 3. [UNCONTESTED JUDICIAL OFFICES.] Judicial offices 107.22 for which there is only one candidate filed must appear after 107.23 all judicial offices on the canary ballot. 107.24 Sec. 37. [204D.169] [EXAMPLE SUPPLEMENTAL BALLOT.] 107.25 When an official supplemental ballot must be used in a 107.26 general election in accordance with section 204B.41, the 107.27 secretary of state shall supply each auditor with a copy of an 107.28 example supplemental ballot at least three days prior to the 107.29 election. The example supplemental ballot must illustrate the 107.30 format required for the official supplemental ballot. 107.31 The county auditor shall distribute copies of the example 107.32 supplemental ballot to municipal and school district clerks in 107.33 municipalities and school districts holding elections that 107.34 year. The official supplemental ballot must conform in all 107.35 respects to the example supplemental ballot. Failure of the 107.36 official supplemental ballot to conform may be reported by any 108.1 person to the county attorney in the same manner as provided by 108.2 section 201.275. 108.3 Sec. 38. Minnesota Statutes 2002, section 204D.27, 108.4 subdivision 11, is amended to read: 108.5 Subd. 11. [CERTIFICATE OF LEGISLATIVE ELECTION.] A 108.6 certificate of election in a special election for state senator 108.7 or state representative shall be issued bythe county auditor or108.8 the secretary of state to the individual declared elected by the 108.9 county or state canvassing board two days, excluding Sundays and 108.10 legal holidays, after the appropriate canvassing board finishes 108.11 canvassing the returns for the election. 108.12 In case of a contest the certificate shall not be issued 108.13 until the district court determines the contest. 108.14 Sec. 39. Minnesota Statutes 2002, section 205.02, 108.15 subdivision 1, is amended to read: 108.16 Subdivision 1. [MINNESOTA ELECTION LAW.] Except as 108.17 expressly providedin this chapterby law, the provisions of the 108.18 Minnesota Election Law apply to municipal elections, so far as108.19practicable. 108.20 Sec. 40. Minnesota Statutes 2002, section 205.075, is 108.21 amended by adding a subdivision to read: 108.22 Subd. 3. [MORE THAN ONE SEAT TO BE FILLED AT ANY 108.23 ELECTION.] A candidate filing for town supervisor when more than 108.24 one seat is to be filled at an election held under subdivision 2 108.25 must designate when filing the specific seat which the candidate 108.26 is seeking. 108.27 Sec. 41. Minnesota Statutes 2002, section 205.16, 108.28 subdivision 4, is amended to read: 108.29 Subd. 4. [NOTICE TO AUDITOR.] At least4953 days prior to 108.30 every municipal election, the municipal clerk shall provide a 108.31 written notice to the county auditor, including the date of the 108.32 election, the offices to be voted on at the election, and the 108.33 title and language for each ballot question to be voted on at 108.34 the election. 108.35 Sec. 42. Minnesota Statutes 2002, section 205.16, is 108.36 amended by adding a subdivision to read: 109.1 Subd. 5. [NOTICE TO SECRETARY OF STATE.] At least 46 days 109.2 prior to every municipal election for which a notice is provided 109.3 to the county auditor under subdivision 4, the county auditor 109.4 shall provide a notice of the election to the secretary of 109.5 state, in a manner and including information prescribed by the 109.6 secretary of state. 109.7 Sec. 43. Minnesota Statutes 2002, section 205.185, 109.8 subdivision 2, is amended to read: 109.9 Subd. 2. [ELECTION, CONDUCT.] A municipal election shall 109.10 be by secret ballot and shall be held and the returns made in 109.11 the manner provided for the state general election,so far as109.12practicableexcept as expressly provided by law. 109.13 Sec. 44. Minnesota Statutes 2002, section 205.185, 109.14 subdivision 3, is amended to read: 109.15 Subd. 3. [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 109.16 BALLOTS, DISPOSITION.] (a) Within seven days after an election, 109.17 the governing body of a city conducting any election including a 109.18 special municipal election, or the governing body of a town 109.19 conducting the general election in November shall act as the 109.20 canvassing board, canvass the returns, and declare the results 109.21 of the election. The governing body of a town conducting the 109.22 general election in March shall act as the canvassing board, 109.23 canvass the returns, and declare the results of the election 109.24 within two days after an election. 109.25 (b) After the time for contesting elections has passed, the 109.26 municipal clerk shall issue a certificate of election to each 109.27 successful candidate. In case of a contest, the certificate 109.28 shall not be issued until the outcome of the contest has been 109.29 determined by the proper court. 109.30 (c) In case of a tie vote, thegoverning bodycanvassing 109.31 board having jurisdiction over the municipality shall determine 109.32 the result by lot. The clerk of the canvassing board shall 109.33 certify the results of the election to the county auditor, and 109.34 the clerk shall be the final custodian of the ballots and the 109.35 returns of the election. 109.36 Sec. 45. Minnesota Statutes 2002, section 205A.02, is 110.1 amended to read: 110.2 205A.02 [ELECTION LAW APPLICABLE.] 110.3 Except as providedin this chapterby law, the Minnesota 110.4 Election Law applies to school district elections, as far as110.5practicable. Elections in common school districts shall be 110.6 governed by section 123B.94. 110.7 Sec. 46. Minnesota Statutes 2003 Supplement, section 110.8 205A.07, subdivision 3, is amended to read: 110.9 Subd. 3. [NOTICE TO AUDITOR.] At least4953 days prior to 110.10 every school district election, the school district clerk shall 110.11 provide a written notice to the county auditor of each county in 110.12 which the school district is located. The notice must include 110.13 the date of the election, the offices to be voted on at the 110.14 election, and the title and language for each ballot question to 110.15 be voted on at the election. For the purposes of meeting the 110.16 timelines of this section, in a bond election, a notice, 110.17 including a proposed question, may be provided to the county 110.18 auditor prior to receipt of a review and comment from the 110.19 commissioner of education and prior to actual initiation of the 110.20 election. 110.21 Sec. 47. Minnesota Statutes 2002, section 205A.07, is 110.22 amended by adding a subdivision to read: 110.23 Subd. 3b. [NOTICE TO SECRETARY OF STATE.] At least 46 days 110.24 prior to every school district election for which a notice is 110.25 provided to the county auditor under subdivision 3, the county 110.26 auditor shall provide a notice of the election to the secretary 110.27 of state, in a manner and including information prescribed by 110.28 the secretary of state. 110.29 Sec. 48. Minnesota Statutes 2002, section 206.90, 110.30 subdivision 6, is amended to read: 110.31 Subd. 6. [BALLOTS.] In precincts using optical scan voting 110.32 systems, a single ballot card on which all ballot information is 110.33 included must be printed in black ink on white colored material 110.34 except that marks not to be read by the automatic tabulating 110.35 equipment may be printed in another color ink. 110.36 On the front of the ballot must be printed the words 111.1 "Official Ballot" and the date of the election and lines for the 111.2 initials of at least two election judges. 111.3 When optical scan ballots are used, the offices to be 111.4 elected must appear in the following order: federal offices; 111.5 state legislative offices; constitutional offices; proposed 111.6 constitutional amendments; county offices and questions; 111.7 municipal offices and questions; school district offices and 111.8 questions; special district offices and questions; and judicial 111.9 offices. 111.10 On optical scan ballots, the names of candidates and the 111.11 words "yes" and "no" for ballot questions must be printed as 111.12 close to their corresponding vote targets as possible. 111.13 The line on an optical scan ballot for write-in votes must 111.14 contain the words "write-in, if any." 111.15 If a primary ballot contains both a partisan ballot and a 111.16 nonpartisan ballot, the instructions to voters must include a 111.17 statement that reads substantially as follows: "THIS BALLOT 111.18 CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT. ON 111.19 THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF 111.20 ONE POLITICAL PARTY ONLY." If a primary ballot contains 111.21 political party columns on both sides of the ballot, the 111.22 instructions to voters must include a statement that reads 111.23 substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE 111.24 PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE 111.25 POLITICAL PARTY ONLY." At the bottom of each political party 111.26 column on the primary ballot, the ballot must contain a 111.27 statement that reads substantially as follows: "CONTINUE VOTING 111.28 ON THE NONPARTISAN BALLOT." The instructions in section 111.29 204D.08, subdivision 4, do not apply to optical scan partisan 111.30 primary ballots. 111.31 Sec. 49. Minnesota Statutes 2002, section 211A.02, is 111.32 amended by adding a subdivision to read: 111.33 Subd. 5. [ELECTRONIC REPORTING.] The reports required by 111.34 this section may be filed electronically, subject to the 111.35 approval of the filing officer. 111.36 Sec. 50. Minnesota Statutes 2002, section 351.01, 112.1 subdivision 4, is amended to read: 112.2 Subd. 4. [WITHDRAWAL OF RESIGNATION.] A prospective 112.3 resignation permitted by subdivision 3 may only be withdrawn by 112.4 a written statement signed by the officer and submitted in the 112.5 same manner as the resignation, and may only be withdrawn before 112.6 it has been accepted by resolution of the body or board 112.7 or before a written acceptance of the resignation by an officer 112.8 authorized to receive it. 112.9 Sec. 51. Minnesota Statutes 2002, section 365.51, 112.10 subdivision 3, is amended to read: 112.11 Subd. 3. [OFFICERS; OTHER BUSINESS.] An annual town 112.12 election shall be held on the same day as the annual town 112.13 meeting to elect all town officers required by law to be elected 112.14 and to consider ballot questions, except as provided in section 112.15 205.075, subdivision 2. Other town business shall be conducted 112.16 at the town meeting as provided by law. 112.17 Sec. 52. Minnesota Statutes 2002, section 367.12, is 112.18 amended to read: 112.19 367.12 [DEPUTY CLERK.] 112.20 Each town clerk may appoint a deputy, for whose acts the 112.21 clerk shall be responsible, and who, in the clerk's absence or 112.22 disability, shall perform the clerk's duties. If a town clerk 112.23 has not appointed a deputy, the town treasurer shall perform the 112.24 duties of the clerk relating to receiving candidate filings when 112.25 the clerk is absent. 112.26 Sec. 53. Minnesota Statutes 2002, section 414.041, 112.27 subdivision 1, is amended to read: 112.28 Subdivision 1. [INITIATING THE PROCEEDING.] (a) Two or 112.29 more municipalities may be the subject of a single proceeding 112.30 provided that each municipality abuts at least one of the 112.31 included municipalities. 112.32 (b) The proceeding shall be initiated in one of the 112.33 following ways: 112.34 (1) submitting to the director a resolution of the city 112.35 council of each affected municipality; 112.36 (2) submitting to the director a petition signed by a 113.1 number of residents eligible to vote equivalent to five percent 113.2 or more of the resident voters of a municipality who voted for 113.3 governor at the last general election; or 113.4 (3) by the director. 113.5 (c) The petition or resolution shall set forth the 113.6 following information about each included municipality: name, 113.7 description of boundaries, the reasons for requesting the 113.8 consolidation and the names of all parties entitled to mailed 113.9 notice under section 414.09. 113.10 (d) The party initiating the proceeding shall serve copies 113.11 of the petition or resolution on all of the included 113.12 municipalities. 113.13 Sec. 54. Minnesota Statutes 2002, section 447.32, 113.14 subdivision 3, is amended to read: 113.15 Subd. 3. [ELECTION NOTICES.] At least two weeks before the 113.16 first day to file affidavits of candidacy, the clerk of the 113.17 district shall publish a notice stating the first and last day 113.18 on which affidavits of candidacy may be filed, the places for 113.19 filing the affidavits and the closing time of the last day for 113.20 filing. The clerk shall post a similar notice in at least one 113.21 conspicuous place in each city and town in the district at least 113.22 ten days before the first day to file affidavits of candidacy. 113.23 At least 53 days prior to every hospital district election, 113.24 the hospital district clerk shall provide a written notice to 113.25 the county auditor of each county in which the hospital district 113.26 is located. The notice must include the date of the election, 113.27 the offices to be voted on at the election, and the title and 113.28 language for each ballot question to be voted on at the 113.29 election. At least 46 days before a hospital district election 113.30 for which a notice is provided to the county auditor under this 113.31 subdivision, the county auditor shall provide a notice to the 113.32 secretary of state in a manner and including information 113.33 prescribed by the secretary of state. 113.34 The notice of each election must be posted in at least one 113.35 public and conspicuous place within each city and town included 113.36 in the district at least ten days before the election. It must 114.1 be published in the official newspaper of the district or, if a 114.2 paper has not been designated, in a legal newspaper having 114.3 general circulation within the district, at least two weeks 114.4 before the election. Failure to give notice does not invalidate 114.5 the election of an officer of the district. A voter may contest 114.6 a hospital district election in accordance with chapter 209. 114.7 Chapter 209 applies to hospital district elections. 114.8 Sec. 55. Minnesota Statutes 2002, section 447.32, 114.9 subdivision 4, is amended to read: 114.10 Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A 114.11 person who wants to be a candidate for the hospital board shall 114.12 file an affidavit of candidacy for the election either as member 114.13 at large or as a member representing the city or town where the 114.14 candidate resides. The affidavit of candidacy must be filed 114.15 with the city or town clerk not more than ten weeks nor less 114.16 than eight weeks before the Tuesday after the second Monday in 114.17 September of the year in which the general election is held. 114.18 The city or town clerk must forward the affidavits of candidacy 114.19 to the clerk of the hospital district or, for the first 114.20 election, the clerk of the most populous city or town 114.21 immediately after the last day of the filing period. A 114.22 candidate may withdraw from the election by filing an affidavit 114.23 of withdrawal with the clerk of the district no later than 5:00 114.24 p.m. two days after the last day to file affidavits of candidacy. 114.25 Voting must be by secret ballot. The clerk shall prepare, 114.26 at the expense of the district, necessary ballots for the 114.27 election of officers. Ballots must be printed on tan paper and 114.28 prepared as provided in the rules of the secretary of state. 114.29 The ballots must be marked and initialed by at least two judges 114.30 as official ballots and used exclusively at the election. Any 114.31 proposition to be voted on may be printed on the ballot provided 114.32 for the election of officers. The hospital board may also 114.33 authorize the use of voting systems subject to chapter 206. 114.34 Enough election judges may be appointed to receive the votes at 114.35 each polling place. The election judges shall act as clerks of 114.36 election, count the ballots cast, and submit them to the board 115.1 for canvass. 115.2 After canvassing the election, the board shall issue a 115.3 certificate of election to the candidate who received the 115.4 largest number of votes cast for each office. The clerk shall 115.5 deliver the certificate to the person entitled to it in person 115.6 or by certified mail. Each person certified shall file an 115.7 acceptance and oath of office in writing with the clerk within 115.8 30 days after the date of delivery or mailing of the 115.9 certificate. The board may fill any office as provided in 115.10 subdivision 1 if the person elected fails to qualify within 30 115.11 days, but qualification is effective if made before the board 115.12 acts to fill the vacancy. 115.13 Sec. 56. [EFFECTIVE DATE.] 115.14 This article is effective the day following final enactment. 115.15 ARTICLE 7 115.16 UNIFORM STATE AND LOCAL ELECTION DATES 115.17 Section 1. [204D.035] [PERIODIC UNIFORM ELECTION DAY.] 115.18 Subdivision 1. [SHORT TITLE.] This section may be referred 115.19 to as the "Periodic Uniform Election Day Act of 2004." 115.20 Subd. 2. [ELECTIONS COVERED.] This section applies to all 115.21 state, county, municipal, school district, and any other 115.22 political subdivision elections held in the state of Minnesota, 115.23 and elections on ballot questions, except for (i) elections held 115.24 to fill a vacancy in office and required by statute to be held 115.25 sooner than the next day designated in subdivision 3, or (ii) 115.26 elections conducted by mail. 115.27 Subd. 3. [ELECTIONS ON DESIGNATED DAYS.] (a) 115.28 Notwithstanding other law to the contrary, elections covered in 115.29 subdivision 2 may be held only on the following days: 115.30 (1) the second Tuesday in March; 115.31 (2) the third Tuesday in May; 115.32 (3) the first Tuesday after the second Monday in September; 115.33 and 115.34 (4) the first Tuesday after the first Monday in November. 115.35 (b) The time period in which a special election must be 115.36 conducted under any other law or charter provision must be 116.1 extended to conform to the requirements of this subdivision. 116.2 Subd. 4. [PRIMARY DATE IF NOT SPECIFIED.] If other law 116.3 provides for a primary to take place for a particular office but 116.4 does not specify the date of the primary, the primary may be 116.5 held on one of the days specified in subdivision 3, paragraph 116.6 (a), clauses (1) to (3). The general election for the office 116.7 must be held on the date listed in subdivision 3 that 116.8 immediately follows the date chosen for the primary. 116.9 Subd. 5. [ELECTION TIMES AND POLLING PLACES.] An election 116.10 held in a jurisdiction on one of the days specified in 116.11 subdivision 3 must be held during the hours determined under 116.12 section 204C.05. 116.13 Subd. 6. [APPLICABLE LAWS.] Except as otherwise provided 116.14 by this section, Minnesota election law remains applicable to 116.15 elections held on any of the days listed in subdivision 3. 116.16 Sec. 2. Minnesota Statutes 2003 Supplement, section 116.17 123B.63, subdivision 3, is amended to read: 116.18 Subd. 3. [CAPITAL PROJECT LEVY REFERENDUM.] A district may 116.19 levy the local tax rate approved by a majority of the electors 116.20 voting on the question to provide funds for an approved 116.21 project. The election must take place no more than five years 116.22 before the estimated date of commencement of the project. The 116.23 referendum must be held on a dateset by the boardspecified 116.24 under section 204D.035, subdivision 3. A referendum for a 116.25 project not receiving a positive review and comment by the 116.26 commissioner under section 123B.71 must be approved by at least 116.27 60 percent of the voters at the election. The referendum may be 116.28 called by the school board and may be held: 116.29 (1) separately, before an election for the issuance of 116.30 obligations for the project under chapter 475; or 116.31 (2) in conjunction with an election for the issuance of 116.32 obligations for the project under chapter 475; or 116.33 (3) notwithstanding section 475.59, as a conjunctive 116.34 question authorizing both the capital project levy and the 116.35 issuance of obligations for the project under chapter 475. Any 116.36 obligations authorized for a project may be issued within five 117.1 years of the date of the election. 117.2 The ballot must provide a general description of the 117.3 proposed project, state the estimated total cost of the project, 117.4 state whether the project has received a positive or negative 117.5 review and comment from the commissioner, state the maximum 117.6 amount of the capital project levy as a percentage of net tax 117.7 capacity, state the amount that will be raised by that local tax 117.8 rate in the first year it is to be levied, and state the maximum 117.9 number of years that the levy authorization will apply. 117.10 The ballot must contain a textual portion with the 117.11 information required in this section and a question stating 117.12 substantially the following: 117.13 "Shall the capital project levy proposed by the board of 117.14 .......... School District No. .......... be approved?" 117.15 If approved, the amount provided by the approved local tax 117.16 rate applied to the net tax capacity for the year preceding the 117.17 year the levy is certified may be certified for the number of 117.18 years approved. 117.19 In the event a conjunctive question proposes to authorize 117.20 both the capital project levy and the issuance of obligations 117.21 for the project, appropriate language authorizing the issuance 117.22 of obligations must also be included in the question. 117.23 The district must notify the commissioner of the results of 117.24 the referendum. 117.25 Sec. 3. Minnesota Statutes 2002, section 126C.17, 117.26 subdivision 11, is amended to read: 117.27 Subd. 11. [REFERENDUM DATE.] (a) Except for a referendum 117.28 held under paragraph (b), any referendum under this section held 117.29 on a day other than the first Tuesday after the first Monday in 117.30 November must be conducted by mail in accordance with section 117.31 204B.46. Notwithstanding subdivision 9, paragraph (b), to the 117.32 contrary, in the case of a referendum conducted by mail under 117.33 this paragraph, the notice required by subdivision 9, paragraph 117.34 (b), must be prepared and delivered by first-class mail at least 117.35 20 days before the referendum. 117.36 (b) In addition to the referenda allowed in subdivision 9, 118.1 clause (a), the commissioner may grant authority to a district 118.2 to hold a referendum on a different day if the district is in 118.3 statutory operating debt and has an approved plan or has 118.4 received an extension from the department to file a plan to 118.5 eliminate the statutory operating debt. A referendum must be 118.6 held on a date specified under section 204D.035, subdivision 3. 118.7 (c) The commissioner must approve, deny, or modify each 118.8 district's request for a referendum levy on a different day 118.9 within 60 days of receiving the request from a district. 118.10 Sec. 4. Minnesota Statutes 2002, section 204C.05, is 118.11 amended by adding a subdivision to read: 118.12 Subd. 1c. [ELECTIONS; MUNICIPALITIES AND SCHOOL 118.13 DISTRICTS.] The governing body of a municipality or school 118.14 district may, by resolution, designate the time during which the 118.15 polling places will remain open for voting at the next 118.16 succeeding and all later municipal or school district elections 118.17 that are not held at the same time as the state primary or state 118.18 general election. All polling places must be open at least 118.19 between the hours of 10:00 a.m. and 8:00 p.m. The resolution 118.20 remains in effect until revoked by the governing board or a 118.21 petition from voters is filed under this subdivision. If a 118.22 petition requesting longer voting hours for any election is 118.23 signed by a number of voters equal to 20 percent of the votes 118.24 cast in the last municipal or school district general election, 118.25 whichever applies, and filed with the appropriate municipal or 118.26 school district clerk no later than 30 days before an election, 118.27 then the polling places for that election must open at 7:00 a.m. 118.28 and close at 8:00 p.m. The municipal or school district clerk 118.29 must give ten days published and posted notice of the change in 118.30 hours and notify the appropriate county auditors of the change. 118.31 Sec. 5. Minnesota Statutes 2002, section 205.10, 118.32 subdivision 3, is amended to read: 118.33 Subd. 3. [PROHIBITION.]NoA special election authorized 118.34 under subdivision 1 may be heldwithin 40 days after the state118.35general electiononly on one of the dates specified in section 118.36 204D.035, subdivision 3. 119.1 Sec. 6. [205.176] [VOTING HOURS.] 119.2 In all municipal elections the hours for voting must be 119.3 determined as provided by section 204C.05. 119.4 Sec. 7. Minnesota Statutes 2002, section 205A.05, 119.5 subdivision 1, is amended to read: 119.6 Subdivision 1. [QUESTIONS.] Special elections must be held 119.7 for a school district on a question on which the voters are 119.8 authorized by law to pass judgment. The school board may on its 119.9 own motion call a special election to vote on any matter 119.10 requiring approval of the voters of a district. Upon petition 119.11 of 50 or more voters of the school district or five percent of 119.12 the number of voters voting at the preceding regular school 119.13 district election, the school board shall by resolution call a 119.14 special election to vote on any matter requiring approval of the 119.15 voters of a district. A question is carried only with the 119.16 majority in its favor required by law. The election officials 119.17 for a special election are the same as for the most recent 119.18 school district general election unless changed according to 119.19 law. Otherwise, special elections must be conducted and the 119.20 returns made in the manner provided for the school district 119.21 general election.A special election may not be held during the119.2230 days before and the 30 days after the state primary, during119.23the 30 days before and the 40 days after the state general119.24election. In addition, a special election may not be held119.25during the 20 days before and the 20 days after any regularly119.26scheduled election of a municipality wholly or partially within119.27the school district.A special election under this subdivision 119.28 must be held only on one of the dates specified in section 119.29 204D.035, subdivision 3. Notwithstanding any other law to the 119.30 contrary, the time period in which a special election must be 119.31 conducted under any other law may be extended by the school 119.32 board to conform with the requirements of this subdivision. 119.33 Sec. 8. [205A.095] [HOURS FOR VOTING.] 119.34 The hours for voting in school district elections must be 119.35 determined as provided by section 204C.05. 119.36 Sec. 9. Minnesota Statutes 2002, section 373.40, 120.1 subdivision 2, is amended to read: 120.2 Subd. 2. [APPLICATION OF ELECTION REQUIREMENT.] (a) Bonds 120.3 issued by a county to finance capital improvements under an 120.4 approved capital improvement plan are not subject to the 120.5 election requirements of section 375.18 or 475.58. The bonds 120.6 must be approved by vote of at least three-fifths of the members 120.7 of the county board. In the case of a metropolitan county, the 120.8 bonds must be approved by vote of at least two-thirds of the 120.9 members of the county board. 120.10 (b) Before issuance of bonds qualifying under this section, 120.11 the county must publish a notice of its intention to issue the 120.12 bonds and the date and time of a hearing to obtain public 120.13 comment on the matter. The notice must be published in the 120.14 official newspaper of the county or in a newspaper of general 120.15 circulation in the county. The notice must be published at 120.16 least 14, but not more than 28, days before the date of the 120.17 hearing. 120.18 (c) A county may issue the bonds only upon obtaining the 120.19 approval of a majority of the voters voting on the question of 120.20 issuing the obligations, if a petition requesting a vote on the 120.21 issuance is signed by voters equal to five percent of the votes 120.22 cast in the county in the last general election and is filed 120.23 with the county auditor within 30 days after the public 120.24 hearing. The commissioner of revenue shall prepare a suggested 120.25 form of the question to be presented at the election. The 120.26 election may be held only on one of the dates specified in 120.27 section 204D.035, subdivision 3. 120.28 Sec. 10. Minnesota Statutes 2002, section 375.20, is 120.29 amended to read: 120.30 375.20 [BALLOT QUESTIONS.] 120.31 If the county board may do an act, incur a debt, 120.32 appropriate money for a purpose, or exercise any other power or 120.33 authority, only if authorized by a vote of the people, the 120.34 question may be submitted at a special or general election, by a 120.35 resolution specifying the matter or question to be voted upon. 120.36 If the question is to authorize the appropriation of money, 121.1 creation of a debt, or levy of a tax, it shall state the 121.2 amount. Notice of the election shall be given as in the case of 121.3 special elections. If the question submitted is adopted, the 121.4 board shall pass an appropriate resolution to carry it into 121.5 effect. In the election the form of the ballot shall be: "In 121.6 favor of (here state the substance of the resolution to be 121.7 submitted), Yes ...... No......," with a square opposite each 121.8 of the words "yes" and "no," in one of which the voter shall 121.9 mark an "X" to indicate a choice. The county board may call a 121.10 special county election upon a question to be heldwithin 60121.11dayson any date specified by section 204D.035, subdivision 3, 121.12 after a resolution to that effect is adopted by the county 121.13 board. Upon the adoption of the resolution the county auditor 121.14 shall post and publish notices of the election, as required by 121.15 section 204D.22, subdivisions 2 and 3. The election shall be 121.16 conducted and the returns canvassed in the manner prescribed by 121.17 sections 204D.20 to 204D.27, so far as practicable. 121.18 Sec. 11. Minnesota Statutes 2002, section 458.40, is 121.19 amended to read: 121.20 458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.] 121.21 If a charter adopted under the Minnesota Constitution, 121.22 article IV, section 36, article XI, section 4, or article XII, 121.23 section 5, has a provision that requires the question of the 121.24 issuance of bonds to be submitted to the electors, the provision 121.25 prevails over sections 458.36 to 458.40. The question must be 121.26 submitted to the voters on one of the dates specified in section 121.27 204D.035, subdivision 3, notwithstanding any contrary provision 121.28 in the charter regarding the date of submission. 121.29 Sec. 12. Minnesota Statutes 2003 Supplement, section 121.30 465.82, subdivision 2, is amended to read: 121.31 Subd. 2. [CONTENTS OF PLAN.] The plan must state: 121.32 (1) the specific cooperative activities the units will 121.33 engage in during the first two years of the venture; 121.34 (2) the steps to be taken to effect the merger of the 121.35 governmental units, with completion no later than four years 121.36 after the process begins; 122.1 (3) the steps by which a single governing body will be 122.2 created or, when the entire territory of a unit will be 122.3 apportioned between or among two or more units contiguous to the 122.4 unit that is to be apportioned, the steps to be taken by the 122.5 governing bodies of the remaining units to provide for 122.6 representation of the residents of the apportioned unit; 122.7 (4) changes in services provided, facilities used, and 122.8 administrative operations and staffing required to effect the 122.9 preliminary cooperative activities and the final merger, and a 122.10 two-, five-, and ten-year projection of expenditures for each 122.11 unit if it combined and if it remained separate; 122.12 (5) treatment of employees of the merging governmental 122.13 units, specifically including provisions for reassigning 122.14 employees, dealing with exclusive representatives, and providing 122.15 financial incentives to encourage early retirements; 122.16 (6) financial arrangements for the merger, specifically 122.17 including responsibility for debt service on outstanding 122.18 obligations of the merging units; 122.19 (7) one- and two-year impact analyses, prepared by the 122.20 granting state agency at the request of the local government 122.21 unit, of major state aid revenues received for each unit if it 122.22 combined and if it remained separate, including an impact 122.23 analysis, prepared by the Department of Revenue, of any property 122.24 tax revenue implications associated with tax increment financing 122.25 districts and fiscal disparities under chapter 276A or 473F 122.26 resulting from the merger; 122.27 (8) procedures for a referendum to be held on a date 122.28 specified in section 204D.035, subdivision 3, before the 122.29 proposed combination to approve combining the local government 122.30 units, specifically stating whether a majority of those voting 122.31 in each district proposed for combination or a majority of those 122.32 voting on the question in the entire area proposed for 122.33 combination is needed to pass the referendum; and 122.34 (9) a time schedule for implementation. 122.35 Notwithstanding clause (3) or any other law to the 122.36 contrary, all current members of the governing bodies of the 123.1 local government units that propose to combine under sections 123.2 465.81 to 465.86 may serve on the initial governing body of the 123.3 combined unit until a gradual reduction in membership is 123.4 achieved by foregoing election of new members when terms expire 123.5 until the number permitted by other law is reached. 123.6 Sec. 13. Minnesota Statutes 2003 Supplement, section 123.7 465.84, is amended to read: 123.8 465.84 [REFERENDUM.] 123.9 During the first or second year of cooperation, a 123.10 referendum on the question of combination must be conducted. 123.11 The referendum must be on a date specified by section 204D.035, 123.12 subdivision 3, and called by the governing bodies of the units 123.13 that propose to combine. The referendum must be conducted 123.14 according to the Minnesota Election Law, as defined in section 123.15 200.01. If the referendum fails, the same question or a 123.16 modified question may be submitted the following year. If the 123.17 referendum fails again, the same question may not be submitted. 123.18 Referendums shall be conducted on the same date in all local 123.19 government units. 123.20 Sec. 14. Minnesota Statutes 2002, section 469.053, 123.21 subdivision 5, is amended to read: 123.22 Subd. 5. [REVERSE REFERENDUM.] A city may increase its 123.23 levy for port authority purposes under subdivision 4 only as 123.24 provided in this subdivision. Its city council must first pass 123.25 a resolution stating the proposed amount of levy increase. The 123.26 city must then publish the resolution together with a notice of 123.27 public hearing on the resolution for two successive weeks in its 123.28 official newspaper or, if none exists, in a newspaper of general 123.29 circulation in the city. The hearing must be held two to four 123.30 weeks after the first publication. After the hearing, the city 123.31 council may decide to take no action or may adopt a resolution 123.32 authorizing the proposed increase or a lesser increase. A 123.33 resolution authorizing an increase must be published in the 123.34 city's official newspaper or, if none exists, in a newspaper of 123.35 general circulation in the city. The resolution is not 123.36 effective if a petition requesting a referendum on the 124.1 resolution is filed with the city clerk within 30 days of 124.2 publication of the resolution. The petition must be signed by 124.3 voters equaling five percent of the votes cast in the city in 124.4 the last general election. The resolution is effective if 124.5 approved by a majority of those voting on the question. The 124.6 commissioner of revenue shall prepare a suggested form of 124.7 referendum question. The referendum must be held at a special 124.8 or general electionbefore October 1on a date specified in 124.9 section 204D.035, subdivision 3, of the year for which the levy 124.10 increase is proposed. 124.11 Sec. 15. Minnesota Statutes 2002, section 469.0724, is 124.12 amended to read: 124.13 469.0724 [GENERAL OBLIGATION BONDS.] 124.14 The port authority of Cannon Falls or Redwood Falls must 124.15 not proceed with the sale of general obligation tax supported 124.16 bonds until the city council by resolution approves the proposed 124.17 issuance. The resolution must be published in the official 124.18 newspaper. If, within 30 days after the publication, a petition 124.19 signed by voters equal in number to ten percent of the number of 124.20 voters at the last regular city election is filed with the city 124.21 clerk, the city and port authority must not issue the general 124.22 obligation tax supported bonds until the proposition has been 124.23 approved by a majority of the votes cast on the question at a 124.24 regular or special election held on one of the dates specified 124.25 in section 204D.035, subdivision 3. 124.26 Sec. 16. Minnesota Statutes 2002, section 469.190, 124.27 subdivision 5, is amended to read: 124.28 Subd. 5. [REVERSE REFERENDUM.] If the county board passes 124.29 a resolution under subdivision 4 to impose the tax, the 124.30 resolution must be published for two successive weeks in a 124.31 newspaper of general circulation within the unorganized 124.32 territory, together with a notice fixing a date for a public 124.33 hearing on the proposed tax. 124.34 The hearing must be held not less than two weeks nor more 124.35 than four weeks after the first publication of the notice. 124.36 After the public hearing, the county board may determine to take 125.1 no further action, or may adopt a resolution authorizing the tax 125.2 as originally proposed or approving a lesser rate of tax. The 125.3 resolution must be published in a newspaper of general 125.4 circulation within the unorganized territory. The voters of the 125.5 unorganized territory may request a referendum on the proposed 125.6 tax by filing a petition with the county auditor within 30 days 125.7 after the resolution is published. The petition must be signed 125.8 by voters who reside in the unorganized territory. The number 125.9 of signatures must equal at least five percent of the number of 125.10 persons voting in the unorganized territory in the last general 125.11 election. If such a petition is timely filed, the resolution is 125.12 not effective until it has been submitted to the voters residing 125.13 in the unorganized territory at a general or special 125.14 election held on one of the dates specified in section 204D.035, 125.15 subdivision 3, and a majority of votes cast on the question of 125.16 approving the resolution are in the affirmative. The 125.17 commissioner of revenue shall prepare a suggested form of 125.18 question to be presented at the referendum. 125.19 Sec. 17. Minnesota Statutes 2003 Supplement, section 125.20 475.521, subdivision 2, is amended to read: 125.21 Subd. 2. [ELECTION REQUIREMENT.] (a) Bonds issued by a 125.22 city to finance capital improvements under an approved capital 125.23 improvements plan are not subject to the election requirements 125.24 of section 475.58. The bonds are subject to the net debt limits 125.25 under section 475.53. The bonds must be approved by an 125.26 affirmative vote of three-fifths of the members of a five-member 125.27 city council. In the case of a city council having more than 125.28 five members, the bonds must be approved by a vote of at least 125.29 two-thirds of the city council. 125.30 (b) Before the issuance of bonds qualifying under this 125.31 section, the city must publish a notice of its intention to 125.32 issue the bonds and the date and time of the hearing to obtain 125.33 public comment on the matter. The notice must be published in 125.34 the official newspaper of the city or in a newspaper of general 125.35 circulation in the city. Additionally, the notice may be posted 125.36 on the official Web site, if any, of the city. The notice must 126.1 be published at least 14 but not more than 28 days before the 126.2 date of the hearing. 126.3 (c) A city may issue the bonds only after obtaining the 126.4 approval of a majority of the voters voting on the question of 126.5 issuing the obligations, if a petition requesting a vote on the 126.6 issuance is signed by voters equal to five percent of the votes 126.7 cast in the city in the last general election and is filed with 126.8 the city clerk within 30 days after the public hearing. The 126.9 commissioner of revenue shall prepare a suggested form of the 126.10 question to be presented at the election. The election must be 126.11 held on one of the dates specified by section 204D.035, 126.12 subdivision 3. 126.13 Sec. 18. Minnesota Statutes 2002, section 475.58, 126.14 subdivision 1, is amended to read: 126.15 Subdivision 1. [APPROVAL BY ELECTORS; EXCEPTIONS.] 126.16 Obligations authorized by law or charter may be issued by any 126.17 municipality upon obtaining the approval of a majority of the 126.18 electors voting at a special or general election held on one of 126.19 the dates specified in section 204D.035, subdivision 3, on the 126.20 question of issuing the obligations, but an election shall not 126.21 be required to authorize obligations issued: 126.22 (1) to pay any unpaid judgment against the municipality; 126.23 (2) for refunding obligations; 126.24 (3) for an improvement or improvement program, which 126.25 obligation is payable wholly or partly from the proceeds of 126.26 special assessments levied upon property specially benefited by 126.27 the improvement or by an improvement within the improvement 126.28 program, or of taxes levied upon the increased value of property 126.29 within a district for the development of which the improvement 126.30 is undertaken, including obligations which are the general 126.31 obligations of the municipality, if the municipality is entitled 126.32 to reimbursement in whole or in part from the proceeds of such 126.33 special assessments or taxes and not less than 20 percent of the 126.34 cost of the improvement or the improvement program is to be 126.35 assessed against benefited property or is to be paid from the 126.36 proceeds of federal grant funds or a combination thereof, or is 127.1 estimated to be received from such taxes within the district; 127.2 (4) payable wholly from the income of revenue producing 127.3 conveniences; 127.4 (5) under the provisions of a home rule charter which 127.5 permits the issuance of obligations of the municipality without 127.6 election; 127.7 (6) under the provisions of a law which permits the 127.8 issuance of obligations of a municipality without an election; 127.9 (7) to fund pension or retirement fund liabilities pursuant 127.10 to section 475.52, subdivision 6; 127.11 (8) under a capital improvement plan under section 373.40; 127.12 and 127.13 (9) under sections 469.1813 to 469.1815 (property tax 127.14 abatement authority bonds), if the proceeds of the bonds are not 127.15 used for a purpose prohibited under section 469.176, subdivision 127.16 4g, paragraph (b). 127.17 Sec. 19. Minnesota Statutes 2002, section 475.58, 127.18 subdivision 1a, is amended to read: 127.19 Subd. 1a. [RESUBMISSION LIMITATION.] If the electors do 127.20 not approve the issuing of obligations at an election required 127.21 by subdivision 1, the question of authorizing the obligations 127.22 for the same purpose and in the same amount may not be submitted 127.23 to the electorswithin a period ofuntil a special or general 127.24 election held on a date specified in section 204D.035, 127.25 subdivision 3, and not sooner than 180 days from the date the 127.26 election was held. If the question of authorizing the 127.27 obligations for the same purpose and in the same amount is not 127.28 approved a second time it may not be submitted to the electors 127.29 within a period of one year after the second election. 127.30 Sec. 20. Minnesota Statutes 2002, section 475.59, is 127.31 amended to read: 127.32 475.59 [MANNER OF SUBMISSION; NOTICE.] 127.33 When the governing body of a municipality resolves to issue 127.34 bonds for any purpose requiring the approval of the electors, it 127.35 shall provide for submission of the proposition of their 127.36 issuance at a general or special election held on a date 128.1 specified by section 204D.035, subdivision 3, or at a town or 128.2 school district meeting. Notice of such election or meeting 128.3 shall be given in the manner required by law and shall state the 128.4 maximum amount and the purpose of the proposed issue. In any 128.5 school district, the school board or board of education may, 128.6 according to its judgment and discretion, submit as a single 128.7 ballot question or as two or more separate questions in the 128.8 notice of election and ballots the proposition of their issuance 128.9 for any one or more of the following, stated conjunctively or in 128.10 the alternative: acquisition or enlargement of sites, 128.11 acquisition, betterment, erection, furnishing, equipping of one 128.12 or more new schoolhouses, remodeling, repairing, improving, 128.13 adding to, betterment, furnishing, equipping of one or more 128.14 existing schoolhouses. In any city, town, or county, the 128.15 governing body may, according to its judgment and discretion, 128.16 submit as a single ballot question or as two or more separate 128.17 questions in the notice of election and ballots the proposition 128.18 of their issuance, stated conjunctively or in the alternative, 128.19 for the acquisition, construction, or improvement of any 128.20 facilities at one or more locations. 128.21 Sec. 21. [REPEALER.] 128.22 Minnesota Statutes 2002, sections 204C.05, subdivisions 1a 128.23 and 1b; 205.175; and 205A.09, are repealed. 128.24 Sec. 22. [EFFECTIVE DATE.] 128.25 This article is effective January 1, 2005. 128.26 ARTICLE 8 128.27 ELECTION ADMINISTRATION 128.28 Section 1. [MAINTENANCE OF EFFORT.] 128.29 The state or a unit of local government receiving federal 128.30 funds or equipment purchased with federal funds pursuant to the 128.31 Help America Vote Act (P.L. 107-252) must maintain the 128.32 expenditures of the state or the local unit of government for 128.33 activities funded by the federal funds or for equipment 128.34 expenditures at a level that is not less than the level of 128.35 expenditures maintained by the state or the local unit of 128.36 government for the fiscal year ending immediately preceding 129.1 November 2000. 129.2 Sec. 2. Minnesota Statutes 2002, section 200.02, 129.3 subdivision 20, is amended to read: 129.4 Subd. 20. [STATEWIDE REGISTRATION SYSTEM.] "Statewide 129.5 registration system" means the single, interactive, computerized 129.6 central statewide voter registration system and database 129.7 developed and maintained by the secretary of state pursuant to 129.8 section 201.022. 129.9 Sec. 3. Minnesota Statutes 2002, section 201.061, is 129.10 amended by adding a subdivision to read: 129.11 Subd. 1a. [REGISTRATION BY MAIL PRIOR TO ELECTION DAY.] At 129.12 any time except during the 20 days immediately preceding any 129.13 election, an eligible voter or any individual who will be an 129.14 eligible voter at the time of the next election may register to 129.15 vote in the precinct in which the voter maintains residence by 129.16 completing a voter registration application and submitting it by 129.17 mail to the county auditor of that county or to the Secretary of 129.18 State's Office. If the voter has not previously voted in this 129.19 state for federal office, the voter must also present, as 129.20 described in clauses (1) to (4), a copy of a current and valid 129.21 photo identification or a copy of a current utility bill, bank 129.22 statement, government check, paycheck, or other government 129.23 document that shows the name and address of the voter. 129.24 If the county auditor determines that a voter who has 129.25 submitted a voter registration application by mail and has not 129.26 previously voted in this state for a federal office has also not 129.27 presented a copy of a current utility bill, bank statement, 129.28 government check, paycheck, or other government document that 129.29 shows the name and address of the voter to the auditor, then the 129.30 county auditor must notify the voter to complete registration by 129.31 using one of the following methods: 129.32 (1) present to the auditor more than 20 days before the 129.33 election a copy of a current and valid photo identification or a 129.34 copy of a current utility bill, bank statement, government 129.35 check, paycheck, or other government document that shows the 129.36 name and address of the voter; 130.1 (2) before voting in person on election day, present to the 130.2 election judges in the precinct a current and valid photo 130.3 identification or a current utility bill, bank statement, 130.4 government check, paycheck, or other government document that 130.5 shows the name and address of the voter; 130.6 (3) register in person prior to or on election day; 130.7 (4) if voting by absentee ballot or mail, follow election 130.8 day registration procedures for absentee voters as described in 130.9 section 203B.04, subdivision 4. 130.10 For purposes of this subdivision, mail registration is 130.11 defined as a voter registration application that is not 130.12 delivered in person to the secretary of state, county auditor, 130.13 or municipal clerk by the individual making the application. 130.14 For purposes of this subdivision, a notice of deficient or 130.15 incomplete registration is not a government document that shows 130.16 the name and address of the voter that can be used to satisfy 130.17 the requirements of this subdivision. 130.18 Sec. 4. Minnesota Statutes 2002, section 201.071, 130.19 subdivision 1, is amended to read: 130.20 Subdivision 1. [FORM.] (a) A registrationcardapplication 130.21 must be of suitable size and weight for mailing and contain 130.22 spaces for the following required information: whether the 130.23 voter is a United States citizen; whether the voter will be 18 130.24 years old on or before election day; the voter's first name, 130.25 middle name, and last name; the voter's previous name, if any; 130.26 the voter's current address; the voter's previous address, if 130.27 any; the voter's date of birth; the voter's municipality and 130.28 county of residence; the voter's telephone number, if provided 130.29 by the voter; the date of registration; the voter's current and 130.30 valid Minnesota driver's license number or Minnesota state 130.31 identification number or, if the voter has no current Minnesota 130.32 driver's license or state identification number, the last four 130.33 digits of the voter's Social Security number; the voter's e-mail 130.34 address, if provided by the voter; the voter's interest in 130.35 serving as an election judge, if indicated by the voter; and the 130.36 voter's signature. Thecardapplication must also containathe 131.1 following certification of voter eligibility.: 131.2 "I certify that I 131.3 (1) will be at least 18 years old on election day; 131.4 (2) am a citizen of the United States; 131.5 (3) will have resided in Minnesota for 20 days immediately 131.6 preceding election day; 131.7 (4) maintain residence at the address given on the 131.8 registration form; 131.9 (5) am not under a guardianship in which I have not 131.10 retained the right to vote; 131.11 (6) have not been found by a court to be legally 131.12 incompetent to vote; 131.13 (7) have not been convicted of a felony without having my 131.14 civil rights restored; and 131.15 (8) have read and understand this statement, that giving 131.16 false information is a felony punishable by not more than five 131.17 years' imprisonment or a fine of not more than $10,000, or both." 131.18 (b) Theform of thevoter registrationcard and the131.19certification of voter eligibilityapplication mustbe as131.20provided in the rules of the secretary of state.: 131.21 (1) be consistent in layout with the data entry screens 131.22 used by the statewide registration system; 131.23 (2) take into consideration readability and ease of 131.24 understanding; 131.25 (3) provide space for including a mailing address for 131.26 returning the completed registration; 131.27 (4) have printed on or with it a set of instructions for 131.28 completing the registration; and 131.29 (5) have printed on or with it a statement that assistance 131.30 for registration and voting is available for elderly and 131.31 disabled individuals and residents of health care facilities. 131.32 (c) The voter registration application must contain a box 131.33 marked "election day official use only" which contains "W ..," 131.34 "P ..," and "SD." These abbreviations stand for "ward," 131.35 "precinct," and "school district." Other information may also 131.36 be included. Election judges shall record the type of election 132.1 day voter registration proof and its number, if any, in the 132.2 "election day official use only" box. 132.3 (d) The voter registration application may include a mark 132.4 identifying where the voter obtained the application or how the 132.5 application was delivered to the county auditor or secretary of 132.6 state. 132.7 (e) Voter registration forms authorized by the National 132.8 Voter Registration Actmaymust also be accepted as valid. The 132.9 Federal Post Card Application (FPCA) form for requesting 132.10 registration, an absentee ballot, or both must also be accepted 132.11 for voter registration purposes if it is not deficient and if 132.12 the voter is eligible to register in Minnesota. Voters who are 132.13 permanently overseas are not eligible to be registered. 132.14 (f) An individual may use a voter registration application 132.15 to apply to register to vote in Minnesota or to change 132.16 information on an existing registration. 132.17 (g) The secretary of state shall provide examples of the 132.18 voter registration application to all county auditors. 132.19 Sec. 5. Minnesota Statutes 2002, section 201.071, 132.20 subdivision 3, is amended to read: 132.21 Subd. 3. [DEFICIENT REGISTRATION.] Except as provided in 132.22 subdivision 4a, no registration is deficient if it contains the 132.23 voter's name, address, date of birth, current and valid driver's 132.24 license number or Minnesota state identification number or, if 132.25 the voter has no current and valid Minnesota driver's license or 132.26 Minnesota state identification, the last four digits of the 132.27 voter's Social Security number, if the voter has been issued a 132.28 Social Security number, prior registration, if any, and 132.29 signature. The absence of a zip code number does not cause the 132.30 registration to be deficient. The election judges shall request 132.31 an individual to correct a voter registrationcardapplication 132.32 if it is deficient or illegible or if the name or number of the 132.33 voter's school district is missing or obviously incorrect. No 132.34 eligible voter may be prevented from voting unless the voter's 132.35 registrationcardapplication is deficient or the voter is duly 132.36 and successfully challenged in accordance with section 201.195 133.1 or 204C.12. 133.2 A registration card accepted prior to August 1, 1983, is 133.3 not deficient for lack of date of birth. The county or 133.4 municipality may attempt to obtain the date of birth for a 133.5 registration card accepted prior to August 1, 1983, by a request 133.6 to the voter at any time except at the polling place. Failure 133.7 by the voter to comply with this request does not make the 133.8 registration deficient. 133.9 Sec. 6. Minnesota Statutes 2002, section 201.071, is 133.10 amended by adding a subdivision to read: 133.11 Subd. 4a. [INCOMPLETE IDENTIFICATION OR RESIDENCE 133.12 INFORMATION.] The voter registration for a voter described in 133.13 section 201.061, subdivision 1a, who has not provided a copy of 133.14 a current and valid photo identification or a copy of a current 133.15 utility bill, bank statement, government check, paycheck, or 133.16 other government document that shows the name and address of the 133.17 voter to the county auditor must be considered incomplete until 133.18 remedied by the voter in the manner described in section 133.19 201.061, subdivision 1a. The auditor or secretary of state 133.20 shall record on the permanent voter record when this requirement 133.21 has been met. 133.22 Sec. 7. Minnesota Statutes 2002, section 201.071, is 133.23 amended by adding a subdivision to read: 133.24 Subd. 9. [PROPERLY COMPLETED REGISTRATIONS.] If a county 133.25 auditor determines that a registration application has been 133.26 properly completed under this chapter, the auditor shall file 133.27 the application and enter the registration on the state 133.28 registration system. The county auditor shall maintain the file 133.29 in an orderly manner. The county auditor shall have a card 133.30 notice mailed to each newly registered voter and to each voter 133.31 who changed name or address information on the voter's existing 133.32 voting record indicating the voter's name, address, precinct, 133.33 and polling place. The card must require that it be returned if 133.34 not deliverable as addressed. 133.35 Sec. 8. Minnesota Statutes 2002, section 201.081, is 133.36 amended to read: 134.1 201.081 [REGISTRATION FILES.] 134.2 The statewide registration system is the official record of 134.3 registered voters. The voter registrationcardsapplications 134.4 and the terminal providing access to the statewide registration 134.5 system must be under the control of the secretary of state or 134.6 the county auditor or the public official to whom the secretary 134.7 of state or the county auditor has delegated the responsibility 134.8 for maintaining voter registration records. The voter 134.9 registrationcardsapplications and terminals providing access 134.10 to the statewide registration system must not be removed from 134.11 the control of the secretary of state or the county auditor 134.12 except as provided in this subdivision. The secretary of state 134.13 or the county auditor may make photographic copies of voter 134.14 registrationcardsapplications in the manner provided by 134.15 section 138.17. 134.16 A properly completed voter registrationcardapplication 134.17 that has been submitted to the secretary of state or a county 134.18 auditor must be maintained by the secretary of state or the 134.19 county auditor for at least 22 months after the date that the 134.20 information on thecardapplication is entered into the database 134.21 of the statewide registration system. The secretary of state or 134.22 the county auditor may dispose of thecardsapplications after 134.23 retention for 22 months in the manner provided by section 138.17. 134.24 The registration record of a voter whose registration has 134.25 been made inactive must be maintained in and accessible from the 134.26 statewide registration system for 22 months. 134.27 Sec. 9. Minnesota Statutes 2002, section 201.091, 134.28 subdivision 4, is amended to read: 134.29 Subd. 4. [PUBLIC INFORMATION LISTS.] The county auditor 134.30 shall make available for inspection a public information list in 134.31 electronic or other media which must contain the name, address, 134.32 year of birth, and voting history of each registered voter in 134.33 the county. The telephone number must be included on the list 134.34 if provided by the voter. The public information list may also 134.35 include information on voting districts. The public information 134.36 list must not include any portion of any person's Social 135.1 Security number, driver's license number, or Minnesota 135.2 identification number. The county auditor may adopt reasonable 135.3 rules governing access to the list. A copy of the public 135.4 information list must be available for public inspection for 135.5 authorized purposes at all times in the county auditor's 135.6 office. No individual inspecting the public information list 135.7 shall tamper with or alter it in any manner. No individual who 135.8 inspects the public information list or who acquires a list of 135.9 registered voters prepared from the public information list may 135.10 use any information contained in the list for purposes unrelated 135.11 to elections, political activities, or law enforcement. The 135.12 secretary of state may provide copies of the public information 135.13 lists and other information from the statewide registration 135.14 system for uses related to elections, political activities, or 135.15 in response to a law enforcement inquiry from a public official 135.16 concerning a failure to comply with any criminal statute or any 135.17 state or local tax statute. The secretary of state may make 135.18 public information lists available for public purchase. 135.19 Before inspecting the public information list or obtaining 135.20 a list of voters or other information from the list, the 135.21 individual shall provide identification to the public official 135.22 having custody of the public information list and shall state in 135.23 writing that any information obtained from the list will not be 135.24 used for purposes unrelated to elections, political activities, 135.25 or law enforcement. Requests to examine or obtain information 135.26 from the public information lists or the statewide registration 135.27 system must be made and processed in the manner provided in the 135.28 rules of the secretary of state. 135.29 Upon receipt of a written request and a copy of the court 135.30 order, the secretary of statemaymust withhold from the public 135.31 information list the name of any registered voter placed under 135.32 court-ordered protection. 135.33 Sec. 10. Minnesota Statutes 2002, section 201.096, is 135.34 amended to read: 135.35 201.096 [SCHOOL ELECTIONS; USE OF VOTER REGISTRATION 135.36 SYSTEM.] 136.1 The county auditor shall allow independent or special 136.2 school districts to use the necessary portions of the statewide 136.3 registration system for school district elections. 136.4 The secretary of state or the county auditor may impose 136.5 reasonable requirements to preserve the security and integrity 136.6 of the system. The secretary of state or the county auditor and 136.7 the school district shall provide by agreement for the details 136.8 of the use of the system by the school district. The school 136.9 board may designate a member of the board or an employee as 136.10 registration officer. The provisions of this chapter and 136.11 chapter 203B relating to registration of voters apply to all 136.12 school district electionsin which the statewide registration136.13system is used. 136.14 Sec. 11. Minnesota Statutes 2002, section 201.11, is 136.15 amended to read: 136.16 201.11 [PRECINCT BOUNDARIES CHANGED, CHANGE OF FILES.] 136.17 When the boundaries of a precinct are changed, the county 136.18 auditor shall immediately notify the secretary of state. The 136.19 secretary of state, or the county auditor if delegated by the 136.20 secretary of state, shall update the voter records for that 136.21 precinct in the statewide registration system to accurately 136.22 reflect those changes. 136.23 Sec. 12. Minnesota Statutes 2002, section 201.121, is 136.24 amended by adding a subdivision to read: 136.25 Subd. 4. [AUDITOR'S RANDOM NOTIFICATION.] Following each 136.26 election in which voters register on election day, the county 136.27 auditor shall send a mailed notice of registration to a random 136.28 sample of five percent of the election day registrants within 136.29 ten days of the election. This section does not relieve the 136.30 county auditor of the responsibility to send a mailed notice to 136.31 all registrants. 136.32 Sec. 13. Minnesota Statutes 2002, section 201.13, 136.33 subdivision 1, is amended to read: 136.34 Subdivision 1. [COMMISSIONER OF HEALTH, REPORTS OF 136.35 DECEASED RESIDENTS.] Pursuant to the Help America Vote Act of 136.36 2002, Public Law 107-252, the commissioner of health shall 137.1 report monthly by electronic means to the secretary of state the 137.2 name, address, date of birth, and county of residence of each 137.3 individual 18 years of age or older who has died while 137.4 maintaining residence in Minnesota since the last previous 137.5 report. The secretary of state may electronically change the 137.6 status of those registrants to "deceased" in the statewide 137.7 registration system, when a single exact match can be found in 137.8 the system. The secretary of state may designate the county 137.9 auditor to modify the statewide voter registration system in 137.10 response to this report, in which case the secretary of state 137.11 shall determine if any of the persons listed in the report are 137.12 registered to vote and shall prepare a list of those registrants 137.13 for each county auditor. Within 60 days after receiving the 137.14 list from the secretary of state, the county auditor shall 137.15 change the status of those registrants to "deceased" in the 137.16 statewide registration system. 137.17 Sec. 14. Minnesota Statutes 2002, section 201.14, is 137.18 amended to read: 137.19 201.14 [STATE COURT ADMINISTRATOROF DISTRICT COURT, REPORT 137.20 CHANGES OF NAMES.] 137.21 The state court administratorof district court in each137.22countyshall report monthly to thecounty auditorsecretary of 137.23 state the name and address of each individual, 18 years of age 137.24 or over, who maintains residence in that county and whose name 137.25 was changed during the month preceding the date of the report, 137.26 by marriage, divorce or any order or decree of the court. The 137.27 report may be made by electronic means. The secretary of state 137.28 may designate the county auditor to modify the statewide voter 137.29 registration system in response to this report. If the report 137.30 is made by electronic means, the secretary of state shall 137.31 determine if any of the persons in the report are registered to 137.32 vote and shall prepare a list of those registrants for each 137.33 county auditor. Upon receipt of thereportlist, the county 137.34 auditor shall notify by mail each registered voter whose name 137.35 was changed that it will be necessary toreregisterchange the 137.36 registration under the changed name in order to vote. 138.1 Sec. 15. Minnesota Statutes 2002, section 201.15, as 138.2 amended by Laws 2003, chapter 12, article 2, section 3, is 138.3 amended to read: 138.4 201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 138.5 COMMITMENTS.] 138.6 Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 138.7 to the Help America Vote Act of 2002, Public Law 107-252, the 138.8 state court administrator shall report monthly to the secretary 138.9 of state the name, address, and date of birth of each individual 138.10 18 years of age or over, who during the month preceding the date 138.11 of the report: 138.12 (a) was placed under a guardianshipof the personin which 138.13 the court order provides that the ward does not retain the right 138.14 to vote; or 138.15 (b) was adjudged legally incompetent. 138.16 The court administrator shall also report the same 138.17 information for each individual transferred to the jurisdiction 138.18 of the court who meets a condition specified in clause (a) or 138.19 (b). The secretary of state shall determine if any of the 138.20 persons in the report is registered to vote and shall prepare a 138.21 list of those registrants for the county auditor. The secretary 138.22 of state or the county auditor shall change the status on the 138.23 record in the statewide registration system of any individual 138.24 named in the report to indicate that the individual is not 138.25 eligible toreregisterregister or vote, unless the voter is 138.26 restored to capacity. 138.27 Subd. 2. [RESTORATION TO CAPACITY.] Pursuant to the Help 138.28 America Vote Act of 2002, Public Law 107-252, the state court 138.29 administrator shall report monthly to the secretary of state the 138.30 name, address, and date of birth of each individual transferred 138.31 from guardianship to conservatorship or who is restored to 138.32 capacity by the court after being ineligible to vote for any of 138.33 the reasons specified in subdivision 1. The secretary of state 138.34 shall determine if any of the persons in the report is 138.35 registered to vote and shall prepare a list of those registrants 138.36 for the county auditor. The secretary of state or the county 139.1 auditor shall change the status on the voter's record in the 139.2 statewide registration system to "active." 139.3 Sec. 16. Minnesota Statutes 2002, section 201.161, is 139.4 amended to read: 139.5 201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 139.6 APPLICATIONS.] 139.7 The Department of Public Safety shall change its 139.8 applications for an original, duplicate, or change of address 139.9 driver's license or identification card so that the forms may 139.10 also serve as voter registrationcardsapplications. The forms 139.11 must contain spaces for the information required in section 139.12 201.071, subdivision 1, and applicable rules of the secretary of139.13state. Applicants for driver's licenses or identification cards 139.14 must be asked if they want to register to vote at the same 139.15 time. A copy of each application containing a completed voter 139.16 registration must be sent to the county auditor of the county in 139.17 which the voter maintains residence or to the secretary of state 139.18 as soon as possible. The computerized driver's license record 139.19 information relating to name, address, date of birth, driver's 139.20 license number, county, town, and city must be made available 139.21 for access by the secretary of state and interaction with the 139.22 statewide voter registration system. 139.23 Sec. 17. Minnesota Statutes 2002, section 201.211, is 139.24 amended to read: 139.25 201.211 [COSTS.] 139.26 The office required to perform the functions and duties of 139.27 this chapter shall bear the costs incurred. If these functions 139.28 and duties are delegated to another office, that office shall 139.29 bear the costs. The secretary of state shall pay the costs of 139.30 operating and maintaining the statewide registration system. 139.31 The secretary of state shall also pay the costs of preparing 139.32 polling place rosters and master lists printed by the secretary 139.33 of state from the money appropriated for this purpose. 139.34 Sec. 18. [201.1215] [VERIFICATION; DISCREPANCIES.] 139.35 All applications for new voter registrations in the state 139.36 shall be verified pursuant to section 201.1615. A registration 140.1 record shall also be verified when a registered voter changes or 140.2 adds a Minnesota driver's license number, Minnesota state 140.3 identification number, or the last four digits of the Social 140.4 Security number on the voter's registration record, or when the 140.5 voter changes name, address, or date of birth information. 140.6 If, after matching the information in the statewide voter 140.7 registration system with the information contained in the 140.8 Department of Public Safety database, the accuracy of the 140.9 information on the voter registration application cannot be 140.10 verified, the county auditor shall investigate and attempt to 140.11 resolve the discrepancy. If the discrepancy cannot be resolved, 140.12 the county auditor must challenge the voter in the statewide 140.13 voter registration system and may refer the matter to the county 140.14 attorney. 140.15 If during the verification process the Department of Public 140.16 Safety provides information that indicates that the voter is not 140.17 a citizen of the United States, the county auditor shall 140.18 challenge the voter in the statewide voter registration system 140.19 and refer the matter to the county attorney. 140.20 Sec. 19. Minnesota Statutes 2002, section 201.071, is 140.21 amended by adding a subdivision to read: 140.22 Subd. 3a. [NOTIFICATION OF DEFICIENT REGISTRATION.] If a 140.23 person attempts to register prior to election day and the county 140.24 auditor determines that the registration is deficient, the 140.25 auditor shall notify the person attempting to register that the 140.26 registration was not correctly completed. The auditor shall 140.27 attempt to obtain the needed information by mail, electronic 140.28 mail, or telephone. Except for registrations that are deficient 140.29 under section 201.071, subdivision 4a, if the auditor cannot 140.30 obtain the needed information, the registration is deficient and 140.31 the registration application must not be filed and must be 140.32 maintained separately for 22 months. The applicant shall be 140.33 allowed to vote only after correctly completing a registration 140.34 application. If an application is deficient under section 140.35 201.071, subdivision 4a, the application must be filed with the 140.36 list of registered voters with a notation on the record that the 141.1 voter must complete the registration as required by section 141.2 201.061 in order to vote. 141.3 If the auditor notifies a person of an incorrectly 141.4 completed registration, the auditor shall also notify the 141.5 applicant of the dates on which registrations cannot be accepted 141.6 for an election and of the procedures for election day 141.7 registration. In the notice to the applicant, the auditor shall 141.8 explain that a correctly completed registration received by the 141.9 auditor during the period when registrations cannot be accepted 141.10 for the upcoming election will make the applicant registered to 141.11 vote on the day after the upcoming election. 141.12 If an auditor receives a faulty or deficient registration 141.13 during the period when registrations cannot be accepted for an 141.14 election, the auditor shall notify the applicant that the 141.15 applicant must register at the polling place of the precinct in 141.16 which the applicant resides on election day to vote at the 141.17 election. In the notice to the applicant, the auditor shall 141.18 explain that a correctly completed registration received by the 141.19 auditor during the period when registrations cannot be accepted 141.20 for the upcoming election will make the applicant registered to 141.21 vote on the day after the upcoming election. 141.22 Sec. 20. [201.157] [NOTICE OF CHALLENGE REMOVAL.] 141.23 The county auditor shall mail a notice indicating the 141.24 individual's name, address, precinct, and polling place to any 141.25 registered voter whose civil rights have been restored after a 141.26 felony conviction; who has been removed from under a 141.27 guardianship under which the person did not retain the right to 141.28 vote; or who has been restored to capacity by the court after 141.29 being ineligible to vote. The notice must require that it be 141.30 returned if not deliverable. 141.31 Sec. 21. [201.075] [CHANGE OF RESIDENCE.] 141.32 An individual who has previously registered to vote in 141.33 Minnesota who changes residence must be permitted to vote only 141.34 after updating the registration by completing a registration 141.35 application stating the individual's new residence. 141.36 Sec. 22. [201.076] [PROCESSING OF NATIONAL VOTER 142.1 REGISTRATION ACT APPLICATIONS.] 142.2 All county auditors shall accept voter registration 142.3 applications on forms prescribed by the Federal Election 142.4 Commission as provided by the National Voter Registration Act if 142.5 the application is from a person eligible to vote in Minnesota, 142.6 and includes whether the voter is a United States citizen and 142.7 will be 18 years old on or before election day, the registrant's 142.8 name, address in Minnesota, previous address, if any, date of 142.9 birth, current and valid Minnesota driver's license or Minnesota 142.10 state identification card, or if the voter has no current and 142.11 valid Minnesota driver's license or Minnesota state 142.12 identification card, the last four digits of the voter's Social 142.13 Security number, registrant's signature, and the date of 142.14 registration. The application must be processed and stored by 142.15 the county auditor in the same manner as a Minnesota voter 142.16 registration application. 142.17 Sec. 23. Minnesota Statutes 2002, section 201.221, 142.18 subdivision 3, is amended to read: 142.19 Subd. 3. [PROCEDURES FOR POLLING PLACE ROSTERS.] The 142.20 secretary of state shall prescribe the form of polling place 142.21 rosters that include the voter's name, address, date of birth, 142.22 school district number,andspace for the voter's signature, and 142.23 any other information prescribed by the secretary of state 142.24 necessary to permit election judges to perform duties required 142.25 by law. The polling place roster must be used to indicate 142.26 whether the voter has voted in a given election. The secretary 142.27 of state shall prescribe procedures for transporting the polling 142.28 place rosters to the election judges for use on election day. 142.29 The secretary of state shall prescribe the form for a county or 142.30 municipality to request the date of birth from currently 142.31 registered voters. The county or municipality shall not request 142.32 the date of birth from currently registered voters by any 142.33 communication other than the prescribed form and the form must 142.34 clearly indicate that a currently registered voter does not lose 142.35 registration status by failing to provide the date of birth. In 142.36 accordance with section 204B.40, the county auditor shall retain 143.1 the prescribed polling place rosters used on the date of 143.2 election forone year22 months following the election. If a 143.3 voter's registration has been challenged pursuant to section 143.4 201.121, subdivision 2, an indicator noting the voter's 143.5 challenged status must be printed on the line provided for the 143.6 voter's signature. A similar indicator must be printed on the 143.7 line provided for the voter's signature to note a voter's 143.8 guardianship or felony status, if any. If a voter's 143.9 registration is deficient under section 201.071, subdivision 4a, 143.10 an indicator must be printed on the line provided for the 143.11 voter's signature to note the voter's status. 143.12 If a voter's name is withheld from public information lists 143.13 pursuant to section 201.091, subdivision 4, the secretary of 143.14 state may withhold the address of the voter from the line 143.15 provided for the voter's signature. In this case, the auditor 143.16 shall verify the voter's address following the election using 143.17 the procedures in section 201.12. 143.18 The following certification must be printed at the top of 143.19 each page of the polling place roster: "I certify that I am at 143.20 least 18 years of age and a citizen of the United States; that I 143.21 maintain residence at the address shown and have resided in 143.22 Minnesota for 20 days immediately preceding this election; that 143.23 I am not under guardianship of the person, have not been found 143.24 by a court to be legally incompetent to vote, and have not been 143.25 convicted of a felony without having my civil rights restored; 143.26 and that I am registered and will be voting only in this 143.27 precinct. I understand that deliberately providing false 143.28 information is a felony punishable by not more than five years 143.29 imprisonment and a fine of not more than $10,000, or both." 143.30 One or more pages in the polling place roster must be 143.31 provided for use by voters who register to vote in the polling 143.32 place on election day. An election day registrant must fill in 143.33 the registrant's name, address, and date of birth and sign the 143.34 roster on the line provided. 143.35 Each page in the polling place roster must also contain the 143.36 name of the precinct and a page number. In addition, each line 144.1 provided for a voter's signature must be consecutively numbered, 144.2 beginning with the number 1 on each page. 144.3 The secretary of state shall identify and develop methods 144.4 of producing polling place rosters. The secretary of state 144.5 shall provide polling place rosters for each election in the 144.6 state. The roster may be provided to the county auditor on 144.7 paper, computer tape, or another electronic medium. 144.8 Sec. 24. Minnesota Statutes 2002, section 203B.02, is 144.9 amended by adding a subdivision to read: 144.10 Subd. 4. [PRESIDENTIAL BALLOT.] A person who is qualified 144.11 under United States Code, title 42, section 1973aa-1, to vote 144.12 for the offices of president and vice-president or for electors 144.13 for president and vice-president may vote by absentee ballot or 144.14 in person at the auditor's office in the county where the person 144.15 formerly resided. 144.16 The following persons are qualified: a voter who will be 144.17 at least 18 years old on election day, is a citizen of the 144.18 United States, and is not under court-ordered guardianship of 144.19 the person without retaining the right to vote, has not been 144.20 found by a court to be legally incompetent to vote, has not been 144.21 convicted of a felony without having civil rights restored, and 144.22 has previously lived in Minnesota and has moved from Minnesota 144.23 to another state within 30 days of a presidential election and 144.24 is not eligible to vote in the state in which the voter now 144.25 resides, may apply for an absentee ballot that contains only the 144.26 offices of president and vice-president in accordance with the 144.27 requirements of United States Code, title 42, section 1973aa-1. 144.28 Sec. 25. Minnesota Statutes 2002, section 203B.04, 144.29 subdivision 1, is amended to read: 144.30 Subdivision 1. [APPLICATION PROCEDURES.] Except as 144.31 otherwise allowed by subdivision 2, an application for absentee 144.32 ballots for any election may be submitted at any time not less 144.33 than one day before the day of that election. The county 144.34 auditor shall prepare absentee ballot application forms in the 144.35 format providedin the rules ofby the secretary of state and 144.36 shall furnish them to any person on request. By January 1 of 145.1 each even-numbered year, the secretary of state shall make 145.2 example forms available to auditors through electronic means. 145.3 An application submitted pursuant to this subdivision shall be 145.4 in writing and shall be submitted to: 145.5 (a) the county auditor of the county where the applicant 145.6 maintains residence; or 145.7 (b) the municipal clerk of the municipality, or school 145.8 district if applicable, where the applicant maintains residence. 145.9 An application shall be approved if it is timely received, 145.10 signed and dated by the applicant, contains the applicant's name 145.11 and residence and mailing addresses, and states that the 145.12 applicant is eligible to vote by absentee ballot for one of the 145.13 reasons specified in section 203B.02. The application may 145.14 contain a request for the voter's date of birth, which must not 145.15 be made available for public inspection. An application may be 145.16 submitted to the county auditor or municipal clerk by an 145.17 electronic facsimile device or other electronically transmitted 145.18 image. An application mailed or returned in person to the 145.19 county auditor or municipal clerk on behalf of a voter by a 145.20 person other than the voter must be deposited in the mail or 145.21 returned in person to the county auditor or municipal clerk 145.22 within ten days after it has been dated by the voter and no 145.23 later than six days before the election. The absentee ballot 145.24 applications or a list of persons applying for an absentee 145.25 ballot may not be made available for public inspection until the 145.26 close of voting on election day. 145.27 An application under this subdivision may contain an 145.28 application under subdivision 5 to automatically receive an 145.29 absentee ballot application. 145.30 If an application cannot be approved because it is missing 145.31 information, the auditor or clerk must attempt to obtain the 145.32 information by mail, electronic mail, or telephone. If the 145.33 missing information cannot be obtained, or if for any other 145.34 reason the application cannot be approved, the auditor or clerk 145.35 must notify the voter in writing of the reason for the rejection 145.36 and must make a reasonable attempt to send a new application. 146.1 Sec. 26. Minnesota Statutes 2002, section 203B.04, 146.2 subdivision 4, is amended to read: 146.3 Subd. 4. [ALTERNATE FORM OF REGISTRATIONAT TIME OF146.4APPLICATION.] An eligible voter who is not registered to vote 146.5 butwhois otherwise eligible to vote by absentee ballot may 146.6 register by including a completed voter registration 146.7cardapplication with the absentee ballot. The individual shall 146.8 present proof of residence as required by section 201.061, 146.9 subdivision 3, to the individual who witnesses the marking of 146.10 the absentee ballots. 146.11 Sec. 27. Minnesota Statutes 2002, section 203B.04, 146.12 subdivision 5, is amended to read: 146.13 Subd. 5. [PERMANENT ILLNESS OR DISABILITY.] (a) An 146.14 eligible voter who reasonably expects to be permanently unable 146.15 to go to the polling place on election day because of illness or 146.16 disability may apply to a county auditor or municipal clerk 146.17 under this section to automatically receive an absentee ballot 146.18 application before each election, other than an election by mail 146.19 conducted under section 204B.45, and to have the status as a 146.20 permanent absentee voter indicated on the voter's registration 146.21 record. Voters covered by this subdivision are exempt from 146.22 mail-in requirements in section 201.061, subdivision 1a. 146.23 (b) The secretary of state shall adopt rules governing 146.24 procedures under this subdivision. 146.25 Sec. 28. Minnesota Statutes 2002, section 203B.04, is 146.26 amended by adding a subdivision to read: 146.27 Subd. 6. [PERMANENT APPLICATION.] An eligible voter who 146.28 meets the requirements in subdivision 5 may apply to the county 146.29 auditor or municipal clerk to automatically receive an absentee 146.30 ballot application for each election in which the voter is 146.31 eligible to vote. The county auditor shall make available the 146.32 form provided in subdivision 5 for this purpose. The voter 146.33 shall complete the form and return it to the county auditor or 146.34 municipal clerk. A municipal clerk who receives a completed 146.35 application shall immediately forward it to the county auditor. 146.36 The voter's permanent application status must be indicated and 147.1 permanently maintained on the voter's registration record on the 147.2 statewide voter registration system. 147.3 The county auditor shall maintain a list of voters who have 147.4 applied to automatically receive an absentee ballot 147.5 application. At least 45 days before each election, the county 147.6 auditor or municipal clerk shall send an absentee ballot 147.7 application to each person on the list who is eligible to vote 147.8 in the election. 147.9 Sec. 29. [203B.041] [APPLICATION FORM; INSTRUCTIONS.] 147.10 Subdivision 1. [ALTERNATIVE REQUIREMENTS.] (a) Absentee 147.11 ballot applications prepared under sections 203B.06, subdivision 147.12 1, and 203B.17, subdivision 2, must be in the form prescribed by 147.13 the secretary of state. The secretary of state shall make the 147.14 forms available by January 1 of even-numbered years by 147.15 electronic means. 147.16 (b) An absentee ballot application prepared under section 147.17 203B.06, subdivision 1, must include spaces for the following 147.18 information: the elections for which the absentee ballot is 147.19 requested; the reason under section 203B.02, subdivision 1, for 147.20 requesting the ballot; the voter's name, date of birth, 147.21 Minnesota driver's license number or Minnesota state 147.22 identification number, resident address in the county, telephone 147.23 number, electronic mail address, and address to which the 147.24 ballots are to be mailed; the date of the request; the voter's 147.25 signature; and instructions to the voter on completing the form 147.26 and returning the application as soon as possible. 147.27 (c) An absentee ballot application prepared under section 147.28 203B.17, subdivision 2, must include spaces for the following 147.29 information: the voter's name, date of birth, and address of 147.30 present or former residence in Minnesota; a statement and boxes 147.31 a voter must check to indicate that the voter is a member of the 147.32 armed forces, a spouse or dependent of a member of the armed 147.33 forces, temporarily outside the United States, or permanently 147.34 living outside the United States; a statement that the voter 147.35 expects to be absent from the voter's precinct at the time of 147.36 the election; the address to which the absentee ballot is to be 148.1 mailed; the voter's signature or the signature and relationship 148.2 of the individual authorized to apply on the voter's behalf; the 148.3 voter's telephone number, electronic mail address, and military 148.4 number or passport number; and a signature line and title for 148.5 the authorized witness under section 203B.17, subdivision 2, 148.6 paragraph (f). The form must include instructions to the voter 148.7 on completing the form and on who may complete the form on the 148.8 voter's behalf. The form must include instructions that the 148.9 application may be dropped off, mailed, sent by facsimile, or 148.10 submitted by electronic image. The form must include 148.11 instructions to return the application as soon as possible. 148.12 (d) An absentee ballot application prepared under section 148.13 203B.02, subdivision 4, must include a statement of eligibility 148.14 in which the voter affirms that the voter will be at least 18 148.15 years old on election day, is a citizen of the United States, 148.16 and is not under court-ordered guardianship of the person 148.17 without retaining the right to vote, has not been found by a 148.18 court to be legally incompetent to vote, and has not been 148.19 convicted of a felony without having civil rights restored, and 148.20 has previously lived in Minnesota and has moved from Minnesota 148.21 to another state within 30 days of a presidential election and 148.22 is not eligible to vote in the state in which the voter now 148.23 resides. The form must include spaces for the voter's name, 148.24 date of birth, former address in Minnesota, including city or 148.25 town and county, electronic mail address, telephone number, the 148.26 address to which the ballot should be mailed, the applicant's 148.27 signature, and a statement that the information provided on the 148.28 application is true and correct. 148.29 Subd. 2. [ABSENTEE BALLOT INSTRUCTIONS.] The following 148.30 instructions must be sent with an absentee ballot application 148.31 prepared pursuant to section 203B.06, subdivision 1: 148.32 "INSTRUCTIONS 148.33 1. To vote by absentee ballot 148.34 * you must be an eligible voter, and 148.35 * you must reside at the legal residence address you give 148.36 on this application on election day. 149.1 It is a felony to make a false statement in an application for 149.2 an absentee ballot, to apply for an absentee ballot more than 149.3 once in an election with the intent to cast an illegal ballot, 149.4 to show a ballot marked by a person to another person, or to 149.5 violate an absentee ballot provision for the purpose of casting 149.6 an illegal vote or to help anyone to cast an illegal vote. 149.7 2. Check the appropriate box indicating why you cannot go 149.8 to your polling place on election day; these are the only 149.9 reasons that entitle you to vote by absentee ballot. 149.10 3. Give your correct legal residence address as completely 149.11 as possible, since this is used to verify your precinct number. 149.12 4. Sign the application. 149.13 5. Return the completed application as soon as possible to 149.14 the election official from whom you received it. 149.15 Remember: 149.16 - You must indicate whether you are requesting ballots for 149.17 the primary or general election, or both. 149.18 - Do not submit more than one application for each election. 149.19 - Your absentee ballots will be mailed or delivered to you 149.20 as soon as they are available. 149.21 - Ballots received by election officials after election day 149.22 will not be counted." 149.23 Subd. 3. [POSTCARD APPLICATION.] The absentee ballot 149.24 application may be printed as a postcard application or in any 149.25 other manner considered appropriate by the secretary of state. 149.26 If the application is printed as a postcard application, it must 149.27 conform to United States Postal Service requirements. 149.28 Subd. 4. [PERMANENT APPLICATION FORM.] The permanent 149.29 application form must be in the form prescribed by the secretary 149.30 of state. The secretary of state shall make the forms available 149.31 by January 1 of even-numbered years by electronic means. The 149.32 form must include space for the following information: the 149.33 voter's name, residence address, address to which the ballot 149.34 should be mailed, telephone number, electronic mail address, 149.35 date of birth, and Minnesota driver's license number or 149.36 Minnesota state identification number; and a certification of 150.1 the voter that the voter reasonably expects to be permanently 150.2 unable to vote in person at the polling place for the voter's 150.3 precinct due to illness or disability. The form must also 150.4 include a statement that the voter requests an application for 150.5 absentee ballots to be sent to the voter before each election in 150.6 which the voter is eligible to vote. 150.7 Subd. 5. [AGENT DELIVERY APPLICATION.] An application for 150.8 agent delivery may be combined in one document with an absentee 150.9 ballot application. 150.10 Sec. 30. [203B.042] [APPLICATIONS FROM CHALLENGED VOTERS.] 150.11 (a) A voter registration application must be sent with the 150.12 ballot to any challenged voter who applies for an absentee 150.13 ballot. The absentee ballot process must be administered as if 150.14 the voter was not registered to vote. 150.15 (b) The following notice must accompany nonregistered 150.16 absentee ballot materials: 150.17 "IMPORTANT NOTICE TO CHALLENGED VOTERS BEFORE VOTING: 150.18 Pursuant to Minnesota Statutes, chapter 201, the county 150.19 auditor is required to "challenge" your voter registration, 150.20 either because of a notification from the post office that you 150.21 no longer live at the address listed on your voter registration 150.22 or because of another question about your eligibility to vote. 150.23 To remove the challenge so that your ballot can be counted, 150.24 you must complete the enclosed Minnesota voter registration 150.25 application. Read the statement at the bottom of the 150.26 registration application and sign the application only if all 150.27 parts apply to you. To complete the return envelope, follow the 150.28 instructions provided." 150.29 Sec. 31. Minnesota Statutes 2002, section 203B.06, 150.30 subdivision 4, is amended to read: 150.31 Subd. 4. [REGISTRATION CHECK.] Upon receipt of an 150.32 application for ballots, the county auditor, municipal clerk, or 150.33 election judge acting pursuant to section 203B.11, who receives 150.34 the application shall determine whether the applicant is a 150.35 registered voter. If the applicant is not registered to vote, 150.36 the county auditor, municipal clerk, or election judge shall 151.1 include a voter registrationcardapplication among the election 151.2 materials provided to the applicant. If the county auditor, 151.3 municipal clerk, or election judge determines that the voter's 151.4 registration is deficient under section 201.061, subdivision 1a, 151.5 the voter must be notified of the deficiency and a voter 151.6 registration application must be included with the 151.7 nonregistration absentee ballot materials. The voter may 151.8 register using nonregistration absentee procedures. 151.9 Sec. 32. Minnesota Statutes 2002, section 203B.06, 151.10 subdivision 7, is amended to read: 151.11 Subd. 7. [SPECIAL POSTAL SERVICES.] If the federal 151.12 government or any of its branches, departments, agencies or 151.13 other instrumentalities makes any special service available for 151.14 the mailing of absentee voting materials, any county auditor or 151.15 municipal clerk may use the service. A county auditor may use 151.16 envelopes prepaid by applicants for express or similar delivery 151.17 service. 151.18 Sec. 33. Minnesota Statutes 2002, section 203B.07, is 151.19 amended to read: 151.20 203B.07 [RETURN AND BALLOT ENVELOPES; DIRECTIONS TO 151.21 VOTERS.] 151.22 Subdivision 1. [DELIVERY OF ENVELOPES, DIRECTIONS.] The 151.23 county auditor or the municipal clerk shall prepare, print, and 151.24 transmit a return envelope, a ballot envelope, and a copy of the 151.25 directions for casting an absentee ballot to each applicant 151.26 whose application for absentee ballots is accepted pursuant to 151.27 section 203B.04. The directions for casting an absentee ballot 151.28 shall be printed in at least 14-point bold type with heavy 151.29 leading and may be printed on the ballot envelope. When a 151.30 person requests the directions in Braille or on cassette tape, 151.31 the county auditor or municipal clerk shall provide them in the 151.32 form requested. The secretary of state shall prepare Braille 151.33 and cassette copies and make them available on request. 151.34 When a voter registrationcardapplication is sent to the 151.35 applicant as provided in section 203B.06, subdivision 4, the 151.36 directions or registrationcard shallapplication must include 152.1 instructions for registering to vote. County auditors and other 152.2 persons administering the absentee process in jurisdictions 152.3 whose boundaries include any part of an Indian reservation must, 152.4 when responding to a request that is made from an address within 152.5 the Indian reservation, also include information on the use of 152.6 tribal information valid for proving residence within that 152.7 jurisdiction for voting purposes. 152.8 Instances of deficient registrations are covered by section 152.9 203B.06, subdivision 4. 152.10 Subd. 2. [DESIGN OF ENVELOPES.] The return envelope 152.11shallmust be of sufficient size to conveniently enclose and 152.12 contain the ballot envelope and a voter registration 152.13cardapplication folded along its perforations. The return 152.14 envelope shall be designed to open on the left hand end. A 152.15 certificate of eligibility to vote by absentee ballot shall be 152.16 printed onthe right hand three-fourths ofthe back of the 152.17 envelope. The certificate shall contain a statement to be 152.18 signed and sworn by the voter indicating that the voter meets 152.19 all of the requirements established by law for voting by 152.20 absentee ballot. The certificate shall also contain a statement 152.21 signed by a person who is registered to vote in Minnesota or by 152.22 a notary public or other individual authorized to administer 152.23 oaths stating that: 152.24(a)(1) the ballots were displayed to that individual 152.25 unmarked; 152.26(b)(2) the voter marked the ballots in that individual's 152.27 presence without showing how they were marked, or, if the voter 152.28 was physically unable to mark them, that the voter directed 152.29 another individual to mark them; and 152.30(c)(3) if the voter was not previously registered, the 152.31 voter has provided proof of residence as required by section 152.32 201.061, subdivision 3. 152.33 The county auditor or municipal clerk shall affix first 152.34 class postage to the return envelopes. 152.35 Sec. 34. [203B.071] [INSTRUCTIONS TO ABSENTEE VOTER.] 152.36 Subdivision 1. [REQUIRED INSTRUCTIONS.] Instructions to 153.1 the absentee voter must be enclosed with the absentee ballot 153.2 materials mailed or delivered to the absent voter. The 153.3 instructions must be in the form provided in subdivision 2, 3, 153.4 or 6. The instructions may include a telephone number or 153.5 electronic mail address that voters can call or write to for 153.6 help in absentee voting. In election jurisdictions using 153.7 electronic voting systems, the instructions must explain how to 153.8 correctly mark and fold the electronic voting system ballots. 153.9 The instructions must inform the voter of the effect of casting 153.10 multiple votes for an office and, in the case of a partisan 153.11 primary, the effect of voting for candidates of more than one 153.12 party. The instructions must include information on how to 153.13 correct a ballot before it is cast and counted, including 153.14 instructions on how to request a replacement ballot if the voter 153.15 is unable to change the ballot or correct an error. 153.16 Subd. 2. [UNREGISTERED VOTERS AND VOTERS WITH DEFICIENT 153.17 REGISTRATIONS.] The following instructions must be sent to 153.18 unregistered absentee voters and to voters whose registrations 153.19 are deficient under section 201.071, subdivision 4a: 153.20 "INSTRUCTIONS TO ABSENTEE VOTERS, VOTERS 153.21 WHO ARE CURRENTLY NOT REGISTERED IN MINNESOTA, 153.22 VOTERS WHOSE REGISTRATIONS HAVE BEEN DULY 153.23 CHALLENGED, AND VOTERS WHO REGISTERED BY MAIL 153.24 AND HAVE NOT COMPLETED REGISTRATION REQUIREMENTS 153.25 Follow these instructions carefully. 153.26 Before you vote by absentee ballot you must have a witness. 153.27 Step 1. Locate one of the following individuals to serve 153.28 as your witness: 153.29 a. anyone who is registered to vote in Minnesota including 153.30 your spouse or another relative who meets this qualification; 153.31 b. a notary public; or 153.32 c. any person having authority to administer oaths. 153.33 Step 2. Fill out the voter registration application. 153.34 Remember to sign your name at the bottom of the application. 153.35 Step 3. Show your witness your proof of residence in the 153.36 precinct. One of the following documents may be used as proof 153.37 of residence: 153.38 a. a valid Minnesota driver's license, permit, or 154.1 identification card, or a receipt for any of these forms, that 154.2 contains your current address; 154.3 b. one document from the list in (i) and one document from 154.4 the list in (ii): 154.5 (i) an original bill in your name for gas, electric, 154.6 telephone, cable television, solid waste, water, or sewer 154.7 services showing your current address and due up to 30 days 154.8 before or after election day; and 154.9 (ii) your Minnesota driver's license or identification 154.10 card, United States passport, United States military 154.11 identification card with your photograph, or Minnesota 154.12 postsecondary student identification card with your photograph; 154.13 c. the signature of a registered voter who lives in your 154.14 precinct; if your witness is registered to vote in your 154.15 precinct, your witness may also vouch for you; 154.16 d. a student identification card, registration card, or 154.17 fee statement that contains the student's current address in the 154.18 precinct; or 154.19 e. a current valid registration in the same precinct. 154.20 Step 4. Show your witness the unmarked ballots. 154.21 Step 5. Mark the ballots in secrecy. If you are disabled 154.22 or otherwise unable to mark the ballots, you may ask your 154.23 witness to assist you. Mark your votes in the manner shown or 154.24 explained at the top of the ballots. Follow the instructions 154.25 under each office that tell you how many votes can be cast and 154.26 do not cast more votes than instructed. Casting more votes than 154.27 instructed for an office will prevent your votes from being 154.28 counted for that office. 154.29 FOR PRIMARY VOTERS ONLY: Carefully follow the instructions 154.30 on the ballot. If you are voting in a partisan primary, you may 154.31 only vote for candidates of one party. Voting for candidates in 154.32 more than one party will prevent your partisan ballot from being 154.33 counted. 154.34 If you make an error when marking your ballot, you may 154.35 request a new ballot from the election official from whom you 154.36 received your ballot. If you cannot request a new ballot for 155.1 any reason, completely erase any errors and remark your ballot. 155.2 Step 6. Fold each ballot. Do not put any identifying 155.3 marks on the ballot. 155.4 Step 7. Place all voted ballots in the tan ballot envelope 155.5 and seal the envelope. Do not write on the ballot envelope. 155.6 Step 8. Place the tan secrecy envelope and your completed 155.7 voter registration application into the white ballot return 155.8 envelope and seal the envelope. 155.9 Step 9. Print your name and address and sign your name on 155.10 the back of the white ballot return envelope. The name, 155.11 address, and signature of your witness are required as well. 155.12 Step 10. Return your ballot to the address on the white 155.13 ballot return envelope in one of the following ways: 155.14 a. by mail so it will be delivered by election day; 155.15 b. in person no later than 5:00 p.m. on the day before 155.16 election day; or 155.17 c. by having someone else return your ballot by 3:00 p.m. 155.18 on election day (this person cannot be a candidate and cannot 155.19 return ballots for more than three voters). 155.20 Note: Follow these instructions carefully. An improperly 155.21 completed ballot, or statement of voter or witness, will 155.22 invalidate your votes. If you have any questions, please call 155.23 ........... ." 155.24 Subd. 3. [INSTRUCTIONS FOR REGISTERED VOTERS.] The 155.25 following instructions must be sent to registered absentee 155.26 voters: 155.27 "INSTRUCTIONS TO ABSENTEE VOTERS 155.28 Follow these instructions carefully. 155.29 Before you vote by absentee ballot you must have a witness. 155.30 Step 1. Locate one of the following individuals to serve 155.31 as your witness: 155.32 a. anyone who is registered to vote in Minnesota including 155.33 your spouse or another relative who meets this qualification; 155.34 b. a notary public; or 155.35 c. any person having authority to administer oaths. 155.36 Step 2. Show your witness the unmarked ballots. 156.1 Step 3. Mark the ballots in secrecy. If you are disabled 156.2 or otherwise unable to mark the ballots, you may ask your 156.3 witness to assist you. Mark your votes in the manner shown or 156.4 explained at the top of the ballots. Follow the instructions 156.5 under each office that tell you how many votes can be cast and 156.6 do not cast more votes than instructed. Casting more votes than 156.7 instructed for an office will prevent your votes from being 156.8 counted for that office. 156.9 FOR PRIMARY VOTERS ONLY: Carefully follow the instructions 156.10 on the ballot. If you are voting in a partisan primary, you may 156.11 only vote for candidates of one party. Voting for candidates in 156.12 more than one party will prevent your partisan ballot from being 156.13 counted. 156.14 If you make an error when marking your ballot, you may 156.15 request a new ballot from the election official from whom you 156.16 received your ballot. If you cannot request a new ballot for 156.17 any reason, completely erase any errors and remark your ballot. 156.18 Step 4. Fold each ballot. Do not put any identifying 156.19 marks on the ballot. 156.20 Step 5. Place all voted ballots in the tan ballot secrecy 156.21 envelope and seal the envelope. Do not write on the ballot 156.22 envelope. 156.23 Step 6. Place the tan ballot secrecy envelope into the 156.24 white ballot return envelope and seal the envelope. 156.25 Step 7. Print your name and address and sign your name on 156.26 the back of the white ballot return envelope. The name, 156.27 address, and signature of your witness are required as well. 156.28 Step 8. Return your ballot to the address on the white 156.29 ballot return envelope in one of the following ways: 156.30 a. by mail so it will be delivered by election day; 156.31 b. in person no later than 5:00 p.m. on the day before 156.32 election day; or 156.33 c. by having someone else return your ballot by 3:00 p.m. 156.34 on election day (this person cannot be a candidate and cannot 156.35 return ballots for more than three voters). 156.36 Note: Follow these instructions carefully. An improperly 157.1 completed ballot, or statement of voter or witness, will 157.2 invalidate your votes. If you have any questions, please call 157.3 ..........." 157.4 Subd. 4. [PRESIDENTIAL BALLOT RETURN ENVELOPE.] The 157.5 secretary of state must provide the form of the presidential 157.6 ballot return envelope by January 1 of every even-numbered year 157.7 to the county auditor through electronic means. The form of the 157.8 affidavit on the back of the envelope must include spaces for 157.9 the following information: the voter's name, former address in 157.10 Minnesota, including city or town and county, a statement of 157.11 eligibility, the voter's signature, and the date. The statement 157.12 of eligibility must be an affirmation that the voter will be at 157.13 least 18 years old on election day, is a citizen of the United 157.14 States, and is not under court-ordered guardianship of the 157.15 person without retaining the right to vote, has not been found 157.16 by a court to be legally incompetent to vote, and has not been 157.17 convicted of a felony without having civil rights restored, or 157.18 has previously lived in Minnesota and has moved from Minnesota 157.19 to another state within 30 days of a presidential election and 157.20 is not eligible to vote in the state in which the voter now 157.21 resides. 157.22 Sec. 35. [203B.072] [STATEMENT OF ABSENTEE VOTER.] 157.23 Subdivision 1. [FORM.] Except as provided in subdivision 157.24 4, the statement of absentee voter for persons voting under 157.25 sections 203B.04 to 203B.15 must be as follows: 157.26 "TO BE COMPLETED BY VOTER 157.27 VOTER'S NAME (PLEASE PRINT) 157.28 ______________________________________________ 157.29 VOTER'S ADDRESS (PLEASE PRINT) 157.30 ______________________________________________ 157.31 I certify that on election day I will meet all the legal 157.32 requirements to vote by absentee ballot. 157.33 VOTER'S SIGNATURE DATE 157.34 _________________ ______ 157.35 TO BE COMPLETED BY WITNESS 157.36 I certify that the voter 158.1 * showed me the blank ballots before voting; 158.2 * marked the ballots in secrecy or, if physically unable to 158.3 mark the ballots, the ballots were marked as directed by the 158.4 voter; 158.5 * enclosed and sealed the ballots in the secrecy envelope; 158.6 * registered to vote by filling out and enclosing a voter 158.7 registration application in the ballot envelope; and 158.8 * provided proof of residence as indicated below. 158.9 NAME OF WITNESS (PLEASE PRINT) 158.10 __________________________________________ 158.11 ADDRESS OF WITNESS (PLEASE PRINT) 158.12 __________________________________________ 158.13 SIGNATURE OF WITNESS DATE 158.14 _______________________ __________ 158.15 TITLE OF WITNESS (IF AN OFFICIAL) 158.16 _________________________________ 158.17 PROOF OF RESIDENCE USED BY VOTER 158.18 Witness - please check one: 158.19 ( ) MN Driver's License/Permit/ID Card or receipt with 158.20 current address. 158.21 Number: ______________________ 158.22 ( ) Utility bill plus a MN Driver's License/ID Card, U.S. 158.23 passport, U.S. military ID card with picture, or student ID card 158.24 with picture. 158.25 Number: ______________________ 158.26 ( ) Previous registration in the same precinct. 158.27 ( ) Student ID Number: ________________________ 158.28 ( ) Notice of Late Registration from county auditor or 158.29 municipal clerk. 158.30 ( ) Registered voter in the precinct who vouched for 158.31 absentee voter's residence in the precinct. 158.32 (Please complete the next three lines.) 158.33 VOUCHER'S NAME (PLEASE PRINT) 158.34 __________________________________________ 158.35 VOUCHER'S ADDRESS (PLEASE PRINT) 158.36 __________________________________________ 159.1 VOUCHER'S SIGNATURE 159.2 _________________________________" 159.3 Subd. 2. [FIRST TWO LINES.] The county auditor or 159.4 municipal clerk may complete the first two lines of a statement 159.5 of absentee voter form before mailing it to the absent voter by 159.6 printing the name and address of the absent voter or by 159.7 attaching a mailing label. 159.8 Subd. 3. [PRINTING SPECIFICATIONS.] The statement must be 159.9 printed on the right-hand three-fourths of the back of the 159.10 absentee ballot return envelope. The words "TO BE COMPLETED BY 159.11 VOTER" must be printed in no smaller than 12-point type in 159.12 capital letters. The remainder of the statement must be printed 159.13 in no smaller than 8-point medium type. 159.14 Subd. 4. [ALTERNATIVE STATEMENT.] As an alternative, a 159.15 county auditor may print two different versions of the 159.16 statement. One version must be provided to absentee voters not 159.17 previously registered to vote and must be printed as prescribed 159.18 in subdivision 1. An alternate version may be printed in the 159.19 form shown in subdivision 5 and must be provided only to 159.20 absentee voters who are registered to vote at the time of 159.21 application. The statement must be printed according to the 159.22 specifications in subdivision 3. 159.23 Subd. 5. [ALTERNATIVE STATEMENT OF ABSENTEE VOTER 159.24 FORM.] The alternative statement of absentee voter form must be 159.25 as follows: 159.26 "TO BE COMPLETED BY VOTER 159.27 VOTER'S NAME (PLEASE PRINT) 159.28 ______________________________________________ 159.29 VOTER'S ADDRESS (PLEASE PRINT) 159.30 ______________________________________________ 159.31 I certify that on election day I will meet all the legal 159.32 requirements to vote by absentee ballot. 159.33 VOTER'S SIGNATURE DATE 159.34 __________________ _____ 159.35 TO BE COMPLETED BY WITNESS 160.1 I certify that the voter 160.2 * showed me the blank ballots before voting; 160.3 * marked the ballots in secrecy or, if physically unable to 160.4 mark the ballots, the ballots were marked as directed by the 160.5 voter; 160.6 * enclosed and sealed the ballots in the secrecy envelope. 160.7 NAME OF WITNESS (PLEASE PRINT) 160.8 __________________________________________ 160.9 ADDRESS OF WITNESS (PLEASE PRINT) 160.10 __________________________________________ 160.11 SIGNATURE OF WITNESS DATE 160.12 _______________________ __________ 160.13 TITLE OF WITNESS (IF AN OFFICIAL) 160.14 _________________________________" 160.15 Sec. 36. [203B.211] [MILITARY AND OVERSEAS VOTERS.] 160.16 The following instructions must be sent to military and 160.17 overseas absentee voters voting under sections 203B.16 to 160.18 203B.27: 160.19 "INSTRUCTIONS TO ABSENTEE VOTERS 160.20 Follow these instructions carefully: 160.21 Step 1. Mark the ballots in secrecy. Mark your votes in 160.22 the manner shown or explained at the top of the ballots. Follow 160.23 the instructions under each office that tell you how many votes 160.24 can be cast and do not cast more votes than instructed. Casting 160.25 more votes than instructed for an office will prevent your votes 160.26 from being counted for that office. 160.27 FOR PRIMARY VOTERS ONLY: Carefully follow the instructions 160.28 on the ballot. If you are voting in a partisan primary, you may 160.29 only vote for candidates of one party. Voting for candidates in 160.30 more than one party will prevent your partisan ballot from being 160.31 counted. 160.32 If you make an error when marking your ballot, you may 160.33 erase any errors and remark your ballot or you may request a new 160.34 ballot from the county auditor from whom you received your 160.35 ballot. If you are outside the United States and have not 160.36 received your replacement ballot within a reasonable time so 161.1 that you can mark your replacement ballot and return it by 161.2 election day, use the federal write-in absentee ballot. 161.3 If you are disabled or otherwise unable to mark the 161.4 ballots, you may have someone assist you. Do not permit any 161.5 other individual to observe the marking of the ballot. 161.6 Step 2. Fold each ballot. Do not put any identifying 161.7 marks on the ballot. 161.8 Step 3. Place all completed ballots in the tan ballot 161.9 secrecy envelope and seal the envelope. Do not write on the tan 161.10 ballot secrecy envelope. Do not permit other individuals to see 161.11 your ballot before sealing the ballot envelope. 161.12 Step 4. Place the tan ballot secrecy envelope into the 161.13 white ballot return envelope and seal the envelope. 161.14 Step 5. Write your military identification number or 161.15 passport number on the back of the white ballot return 161.16 envelope. If you cannot provide your military identification 161.17 number or passport number on the return ballot envelope, you 161.18 must have the signature and certification of a commissioned 161.19 officer of the armed forces or any official authorized to 161.20 administer oaths under federal law or the law of the state of 161.21 Minnesota or other place where the oath is administered. 161.22 Step 6. Print your name and your present or last address 161.23 in Minnesota. Date and sign your name on the back of the white 161.24 ballot return envelope. 161.25 Step 7. Return your ballot to the address on the white 161.26 ballot return envelope by mail or expedited delivery service so 161.27 it will be delivered by no later than election day. 161.28 Note: Follow these instructions carefully. An improperly 161.29 completed ballot or ballot envelope may invalidate your votes. 161.30 If you have any questions, please call ..........." 161.31 Sec. 37. [203B.073] [ABSENTEE BALLOT ENVELOPE.] 161.32 Subdivision 1. [FORM.] The absentee ballot return envelope 161.33 for persons casting an absentee ballot under sections 203B.04 to 161.34 203B.15 must be printed according to the following 161.35 specifications: 161.36 (a) The envelope must be no smaller than 10-3/8 inches by 162.1 4-1/2 inches. 162.2 (b) The words and numbers printed on the left-hand side of 162.3 the envelope must be in no smaller than 12-point bold type. 162.4 (c) The words "ABSENTEE BALLOT RETURN ENVELOPE" printed 162.5 across the face of the envelope must be in no smaller than 162.6 18-point bold type in capital letters. 162.7 (d) The envelope must be white in color with black ink. 162.8 (e) The flap on one end of the back side of the envelope 162.9 may be printed as follows: 162.10 "FOR OFFICE USE ONLY" 162.11 ( ) ACCEPTED ( ) REJECTED Reason: ....... 162.12 Subd. 2. [MAILING ADDRESS.] (a) County auditors and 162.13 municipal clerks must print a mailing address on each return 162.14 envelope mailed or delivered to an absent voter. The address 162.15 block must be located in the lower right one-fourth of the 162.16 envelope. A return envelope may be addressed to the county 162.17 auditor, municipal clerk, or election judges of the precinct in 162.18 which the absent voter is eligible to vote. 162.19 (b) If an auditor has the duty to address envelopes for a 162.20 municipality and the envelopes are to be addressed to the 162.21 election judges, the clerk shall notify the auditor of the 162.22 proper mailing address of each polling place in the 162.23 municipality. The clerk shall immediately notify the auditor of 162.24 every change in the initial notification. 162.25 Subd. 3. [WARD AND PRECINCT NUMBER.] The person mailing or 162.26 delivering absentee ballots to an absent voter must, before 162.27 doing so, fill in the absent voter's ward and precinct number in 162.28 the spaces provided on the left-hand side of the return 162.29 envelope, unless this information is contained on a label that 162.30 has been affixed to the envelope. 162.31 Subd. 4. [RETURN ADDRESS.] A county auditor or municipal 162.32 clerk may affix the return address to the upper left-hand corner 162.33 of the return envelope. 162.34 Subd. 5. [MARKS OR LOGO APPROVED BY UNITED STATES POSTAL 162.35 SERVICE.] Marks or a logo approved by the United States Postal 162.36 Service to identify ballot materials as official election mail 163.1 may be printed on the absentee ballot return envelope. 163.2 Subd. 6. [SAMPLE ENVELOPE LAYOUT.] The secretary of state 163.3 shall provide samples of the layout of the front and back of the 163.4 envelope. 163.5 Sec. 38. [203B.212] [MILITARY AND OVERSEAS VOTERS; 163.6 ENVELOPE.] 163.7 The absentee ballot return envelope for military and 163.8 overseas voters must be printed according to paragraphs (a) to 163.9 (i). 163.10 (a) The envelope may not be more than 11-1/2 inches in 163.11 length nor less than 5-1/2 inches in length. 163.12 (b) The envelope may not be more than 6-1/8 inches in width 163.13 nor less than 3-1/2 inches in width. 163.14 (c) In the upper right-hand corner, a postage symbol and 163.15 box must be imprinted: 163.16 "U.S. Postage Paid 163.17 39 USC 3406" 163.18 (d) The words "PAR AVION" must be printed in 12-point bold 163.19 type in capital letters one-half inch below the postage box. 163.20 (e) The words "OFFICIAL ABSENTEE BALLOTING MATERIAL -- 163.21 FIRST CLASS MAIL No Postage Necessary In The U.S. Mail - DMM 163.22 E080" must be printed in 18-point bold type and inside a box. 163.23 (f) The envelope must be white in color with black ink used 163.24 for all printing. 163.25 (g) County auditors or municipal clerks must address the 163.26 return envelope as provided in section 203B.08. 163.27 (h) Facing identification marks must be positioned as 163.28 specified in United States Postal Service instructions for 163.29 facing identification marks. 163.30 (i) Marks approved by the United States Postal Service to 163.31 identify ballot materials may be printed on the absentee ballot 163.32 envelopes. 163.33 (j) The envelope must be signed by the voter and must be 163.34 dated. 163.35 Sec. 39. Minnesota Statutes 2002, section 203B.11, 163.36 subdivision 1, is amended to read: 164.1 Subdivision 1. [GENERALLY.] Each full-time municipal or 164.2 school district clerk who has authority under section 203B.05 to 164.3 administer absentee voting laws shall designate election judges 164.4 to deliver absentee ballots in accordance with this section. 164.5 The county auditormayshall also designate election judges to 164.6 perform the duties in this section if the municipal clerk is not 164.7 designated to perform absentee ballot duties. A ballot may be 164.8 delivered only to an eligible voter who is a temporary or 164.9 permanent resident or patient in a health care facility or 164.10 hospital located in the municipality in which the voter 164.11 maintains residence. The ballots shall be delivered by two 164.12 election judges, each of whom is affiliated with a different 164.13 major political party. When the election judges deliver or 164.14 return ballots as provided in this section, they shall travel 164.15 together in the same vehicle. Both election judges shall be 164.16 present when an applicant completes the certificate of 164.17 eligibility and marks the absentee ballots, and may assist an 164.18 applicant as provided in section 204C.15. The election judges 164.19 shall deposit the return envelopes containing the marked 164.20 absentee ballots in a sealed container and return them to the 164.21 clerk on the same day that they are delivered and marked. 164.22 Sec. 40. Minnesota Statutes 2002, section 203B.12, 164.23 subdivision 2, is amended to read: 164.24 Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more 164.25 election judges shall examine each return envelope and shall 164.26 mark it accepted or rejected in the manner provided in this 164.27 subdivision. If a ballot has been prepared under section 164.28 204B.12, subdivision 2a, or 204B.41, the election judges shall 164.29 not begin removing ballot envelopes from the return envelopes 164.30 until 8:00 p.m. on election day, either in the polling place or 164.31 at an absentee ballot board established under section 203B.13. 164.32 The election judges shall mark the return envelope 164.33 "Accepted" and initial or sign the return envelope below the 164.34 word "Accepted" if the election judges or a majority of them are 164.35 satisfied that: 164.36 (1) the voter's name and address on the return envelope are 165.1 the same as the information provided on the absentee ballot 165.2 application; 165.3 (2) the voter's signature on the return envelope is the 165.4 genuine signature of the individual who made the application for 165.5 ballots and the certificate has been completed as prescribed in 165.6 the directions for casting an absentee ballot; 165.7 (3) the voter is registered and eligible to vote in the 165.8 precinct or has included a properly completed registration card 165.9 in the return envelope; and 165.10 (4) the voter has not already voted at that election, 165.11 either in person or by absentee ballot. 165.12 The return envelope from accepted ballots must be preserved 165.13 and returned to the county auditor. 165.14 If all or a majority of the election judges examining 165.15 return envelopes find that an absent voter has failed to meet 165.16 one of the requirements prescribed in clauses (1) to (4), they 165.17 shall mark the return envelope "Rejected," initial or sign it 165.18 below the word "Rejected," and return it to the county auditor. 165.19 If more than one return envelope is received from a voter, 165.20 the ballots in the return envelope bearing the latest date must 165.21 be counted and all other return envelopes received from that 165.22 voter must be returned with the rejected ballots. 165.23 Sec. 41. Minnesota Statutes 2002, section 203B.20, is 165.24 amended to read: 165.25 203B.20 [CHALLENGES.] 165.26 Except as provided in this section, the eligibility or 165.27 residence of a voter whose application for absentee ballots is 165.28 recorded under section 203B.19 may be challenged in the manner 165.29 set forth by section 201.195. The county auditor or municipal 165.30 clerk shall not be required to serve a copy of the petition and 165.31 notice of hearing on the challenged voter. If the absentee 165.32 ballot application was submitted on behalf of the voter by an 165.33 individual authorized under section 203B.17, subdivision 1, 165.34 paragraph (a), the county auditor must attempt to notify the 165.35 individual who submitted the application that the voter's 165.36 eligibility has been challenged. All reasonable doubt shall be 166.1 resolved in favor of the validity of the application. If the 166.2 voter's challenge is affirmed, the county auditor shall provide 166.3 the challenged voter with a copy of the petition and the 166.4 decision and shall inform the voter of the right to appeal as 166.5 provided in section 201.195. 166.6 Sec. 42. Minnesota Statutes 2002, section 203B.21, 166.7 subdivision 3, is amended to read: 166.8 Subd. 3. [BACK OF RETURN ENVELOPE.] On the back of the 166.9 return envelope an affidavit form shall appear with space for: 166.10(a)(1) the voter's address of present or former residence 166.11 in Minnesota; 166.12(b) A statement indicating the category described in166.13section 203B.16 to which the voter belongs;166.14(c)(2) a statement that the voter has not cast and will 166.15 not cast another absentee ballot in the same election or 166.16 elections; 166.17(d)(3) a statement that the voter personally marked the 166.18 ballots without showing them to anyone, or if physically unable 166.19 to mark them, that the voter directed another individual to mark 166.20 them;and166.21(e)(4) the voter's military identification card number, 166.22 passport number, or, if the voter does not have a valid passport 166.23 or identification card, the signature and certification ofan166.24individual authorized to administer oaths ora commissionedor166.25noncommissionedofficer of themilitary not below the rank of166.26sergeant or its equivalent.armed forces or any official 166.27 authorized to administer oaths under federal law or state law or 166.28 the law of the place where the oath is administered; 166.29 (5) the federal oath. The federal oath prescribed by the 166.30 federal Help America Vote Act is as follows: 166.31 "I swear or affirm, under penalty of perjury, that: 166.32 I am a member of the uniformed services or merchant marine 166.33 on active duty or an eligible spouse or dependent of such a 166.34 member; a United States citizen temporarily residing outside the 166.35 United States; or other United States citizen residing outside 166.36 the United States; and 167.1 I am a United States citizen, at least 18 years of age (or 167.2 will be by the date of the election,) and I am eligible to vote 167.3 in the requested jurisdiction; 167.4 I have not been convicted of a felony, or other 167.5 disqualifying offense, or been adjudicated mentally incompetent, 167.6 or, if so, my voting rights have been reinstated; and 167.7 I am not registering, requesting a ballot, or voting in any 167.8 other jurisdiction in the United States except the jurisdiction 167.9 cited in this voting form. 167.10 In voting, I have marked and sealed my ballot in private 167.11 and have not allowed any person to observe the marking of the 167.12 ballot, except for those authorized to assist voters under state 167.13 or federal law. I have not been influenced. 167.14 My signature and date below indicate when I completed this 167.15 document. 167.16 The information on this form is true, accurate, and 167.17 complete to the best of my knowledge. I understand that a 167.18 material misstatement of fact in completion of this document may 167.19 constitute grounds for a conviction for perjury."; and 167.20 (6) the signature of the voter and the date the affidavit 167.21 was signed. 167.22 Sec. 43. Minnesota Statutes 2002, section 203B.22, is 167.23 amended to read: 167.24 203B.22 [MAILING BALLOTS.] 167.25 The county auditor shall mail the appropriate ballots, as 167.26 promptly as possible, to an absent voter whose application has 167.27 been recorded under section 203B.19. If the county auditor 167.28 determines that a voter is not eligible to vote at the primary 167.29 but will be eligible to vote at the general election, only 167.30 general election ballots shall be mailed. Only one set of 167.31 ballots shall be mailed to any applicant for any election unless 167.32 a set of ballots is spoiled or lost in transit. Ballots to be 167.33 sent outside the United States shall be given priority in 167.34 mailing. A county auditor may make use of any special service 167.35 provided by the United States government for the mailing of 167.36 voting materials under sections 203B.16 to 203B.27. A county 168.1 auditor may use envelopes prepaid by applicants for express or 168.2 similar delivery service. 168.3 Sec. 44. Minnesota Statutes 2002, section 203B.24, is 168.4 amended to read: 168.5 203B.24 [DUTIES OF ELECTION JUDGES.] 168.6 Subdivision 1. [CHECK OF VOTER ELIGIBILITY; PROPER 168.7 EXECUTION OF AFFIDAVIT.] Upon receipt of an absentee ballot 168.8 returned as provided in sections 203B.16 to 203B.27, the 168.9 election judges shall compare the voter's name with the names 168.10 appearing on their copy of the application records compiled 168.11 under section 203B.19 to insure that the ballot is from a voter 168.12 eligible to cast an absentee ballot under sections 203B.16 to 168.13 203B.27.Any discrepancy or disqualifying fact shall be noted168.14on the envelope by the election judges.If a voter whose name 168.15 is not on the list submits a ballot, the ballot must be rejected 168.16 and the judge must write the reason for the rejection on the 168.17 envelope. Failure to return unused ballots shall not invalidate 168.18 a marked ballot, but a ballot shall not be counted if the 168.19 affidavit on the return envelopeisdoes notproperly168.20executed.contain the following information: the voter's name, 168.21 signature, current or former address in the precinct, military 168.22 identification number or passport number or signature and 168.23 certification of a commissioned officer of the armed forces or 168.24 any official authorized to administer oaths under federal law or 168.25 state law or other place where the oath is administered. In all 168.26 other respects the provisions of the Minnesota Election Law 168.27 governing deposit and counting of ballots shall apply. 168.28 Subd. 2. [VOTING MORE THAN ONCE.] The election judges 168.29 shall compare the voter's name with the names appearing on their 168.30 copy of the list of persons prepared under section 203B.26 who 168.31 have submitted an applicationrecordsto insure that the voter 168.32 has not already returned a ballot in the election. The election 168.33 judges must indicate on the record whether an absentee ballot 168.34 was accepted for each applicant whose name appears on the 168.35 record. If a voter whose application has been recorded under 168.36 section 203B.19 casts a ballot in person on election day, no 169.1 absentee ballot shall be counted for that voter. If more than 169.2 one return envelope is received from a voter whose application 169.3 has been recorded under section 203B.19, the ballots in the 169.4 return envelope bearing the latest date shall be counted and the 169.5 uncounted ballots shall be returned by the election judges with 169.6 the rejected ballots. The election judges must preserve the 169.7 record and return it to the county auditor or municipal clerk 169.8 with the election day materials. 169.9 Sec. 45. Minnesota Statutes 2002, section 204B.14, 169.10 subdivision 2, is amended to read: 169.11 Subd. 2. [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) 169.12 The following shall constitute at least one election precinct: 169.13 (1) each city ward; and 169.14 (2) each town and each statutory city. 169.15 (b) A single, accessible, combined polling place may be 169.16 established no later than June 1 of any year: 169.17 (1) for any city of the third or fourth class, any town, or 169.18 any city having territory in more than one county, in which all 169.19 the voters of the city or town shall cast their ballots; 169.20 (2) for two contiguous precincts in the same municipality 169.21thatif either of them has fewer than 100 registered voters or 169.22 if they have a combined total of fewer than 500 registered 169.23 voters; or 169.24 (3) for up to four contiguous municipalities located 169.25 entirely outside the metropolitan area, as defined by section 169.26 473.121, subdivision 2, that are contained in the same county. 169.27 A copy of the ordinance or resolution establishing a 169.28 combined polling place must be filed with the county auditor 169.29 within 30 days after approval by the governing body. A polling 169.30 place combined under clause (3) must be approved by the 169.31 governing body of each participating municipality. A 169.32 municipality withdrawing from participation in a combined 169.33 polling place must do so by filing a resolution of withdrawal 169.34 with the county auditor no later than May 1 of any year. 169.35 The secretary of state shall provide a separate polling 169.36 place roster for each precinct served by the combined polling 170.1 place. A single set of election judges may be appointed to 170.2 serve at a combined polling place. The number of election 170.3 judges required must be based on the total number of persons 170.4 voting at the last similar election in all precincts to be 170.5 voting at the combined polling place. Separate ballot boxes 170.6 must be provided for the ballots from each precinct except that 170.7 if a single electronic precinct tabulator is used to count 170.8 ballots in the polling place for multiple precincts, the ballots 170.9 for all precincts may be deposited into the single ballot box of 170.10 the precinct tabulator. The results of the election must be 170.11 reported separately for each precinct served by the combined 170.12 polling place, except in a polling place established under 170.13 clause (2) where one of the precincts has fewer than ten 170.14 registered voters, in which case the results of that precinct 170.15 must be reported in the manner specified by the secretary of 170.16 state. 170.17 Sec. 46. Minnesota Statutes 2002, section 204B.16, 170.18 subdivision 5, is amended to read: 170.19 Subd. 5. [ACCESS BY ELDERLY AND HANDICAPPED.] Each polling 170.20 place shall be accessible to and usable by elderly and 170.21 physically handicapped individuals. A polling place is deemed 170.22 to be accessible and usable if it complies with the standards in 170.23 paragraphs (a) to (f). 170.24 (a) At least one set of doors must have a minimum width of 170.253132 inches if the doors must be used to enter or leave the 170.26 polling place. 170.27 (b) Any curb adjacent to the main entrance to a polling 170.28 place must have curb cuts or temporary ramps. Where the main 170.29 entrance is not the accessible entrance, any curb adjacent to 170.30 the accessible entrance must also have curb cuts or temporary 170.31 ramps. 170.32 (c) Where the main entrance is not the accessible entrance, 170.33 a sign shall be posted at the main entrance giving directions to 170.34 the accessible entrance. 170.35 (d) At least one set of stairs must have a temporary 170.36 handrail and ramp if stairs must be used to enter or leave the 171.1 polling place. 171.2 (e) No barrier in the polling place may impede the path of 171.3 the physically handicapped to the voting booth. 171.4 (f) At least one handicapped parking space, which may be 171.5 temporarily so designated by the municipality for the day of the 171.6 election, must be available near the accessible entrance. 171.7 The doorway, handrails, ramps, and handicapped parking 171.8 provided pursuant to this subdivision must conform to the 171.9 standards specified in the State Building Code for accessibility 171.10 by handicapped persons. 171.11 A governing body shall designate as polling places only 171.12 those places which meet the standards prescribed in this 171.13 subdivision unless no available place within a precinct is 171.14 accessible or can be made accessible. 171.15 Sec. 47. Minnesota Statutes 2002, section 204B.18, is 171.16 amended to read: 171.17 204B.18 [POLLING PLACES; EQUIPMENT.] 171.18 Subdivision 1. [BOOTHS.] Each polling place must contain a 171.19 number of voting booths in proportion to the number of 171.20 individuals eligible to vote in the precinct. Each booth must 171.21 be at least six feet high, three feet deep and two feet wide 171.22 with a shelf at least two feet long and one foot wide placed at 171.23 a convenient height for writing.The booth shall be provided171.24with a door or curtains.Each accessible polling place must 171.25 have at least one accessible voting booth or other accessible 171.26 voting station. All booths or stations must be constructed so 171.27 that a voter is free from observation while marking ballots. In 171.28 all other polling placesevery effort must be made to provideat 171.29 least one accessible voting booth or other accessible voting 171.30 station must be provided. During the hours of voting, the 171.31 booths or stations must have instructions, a pencil, and other 171.32 supplies needed to mark the ballots.If needed,A chair must be 171.33 provided for elderly and handicapped voters to use while 171.34 voting or waiting to vote. A writing surface must be available 171.35 for voters to use while filling out forms. All ballot boxes, 171.36 voting booths, voting stations, and election judges must be in 172.1 open public view in the polling place. 172.2 Subd. 2. [BALLOT BOXES FOR PAPER BALLOTS.] Each polling 172.3 place shall be provided with one ballot box for each kind 172.4 of paper ballot to be cast at the election. The boxes shall be 172.5 substantially the same color as the ballots to be deposited in 172.6 them. Each box shall be of sufficient size and shall have a 172.7 sufficient opening to receive and contain all the ballots likely 172.8 to be deposited in it. When buff or goldenrod ballot boxes are 172.9 required, a separate box must be provided for each school 172.10 district for which ballots are to be cast at that polling 172.11 place. The number and name of the school district must appear 172.12 conspicuously on the top of each buff or goldenrod ballot box. 172.13 Sec. 48. Minnesota Statutes 2002, section 204B.25, 172.14 subdivision 3, is amended to read: 172.15 Subd. 3. [TRAINED ELECTION JUDGES; NUMBER REQUIRED.] Each 172.16 election precinct in which less than 100 individuals voted at 172.17 the last state general election shall have at least two election 172.18 judges who are members of different major political parties who 172.19 have received training as required in this section. An election 172.20 judge who has not been trained under subdivision 1 must be 172.21 trained by the head election judge. In every other election 172.22 precinct, no individual may serve as an election judge who has 172.23 not received training as required by subdivision 1. 172.24 Sec. 49. Minnesota Statutes 2002, section 204B.27, 172.25 subdivision 3, is amended to read: 172.26 Subd. 3. [INSTRUCTION POSTERS.] At least 25 days before 172.27 every state election the secretary of state shall prepare and 172.28 furnish to the county auditor of each countyin which paper172.29ballots are used,voter instruction posters printed in large 172.30 typeupon cards oron heavy paper. The instruction posters must 172.31 contain the information needed to enable the voters to cast 172.32 theirpaperballots quickly and correctly and indicate the types 172.33 of assistance available for elderly and handicapped voters. Two 172.34 instruction postersshallmust be furnished for each precinctin172.35which paper ballots are used. The secretary of state shall also 172.36 provide posters informing voters of eligibility requirements to 173.1 vote and of identification and proofs accepted for election day 173.2 registration. Posters furnished by the secretary of state must 173.3 also include all information required to be posted by the Help 173.4 America Vote Act, including: instructions on how to vote, 173.5 including how to cast a vote, instructions for mail-in 173.6 registrants and first-time voters, general information on voting 173.7 rights under applicable federal and state laws and instructions 173.8 on how to contact the appropriate officials if these rights are 173.9 alleged to have been violated, and general information on 173.10 federal and state laws regarding prohibitions on acts of fraud 173.11 and misrepresentation. 173.12 Sec. 50. Minnesota Statutes 2002, section 204B.45, 173.13 subdivision 2, is amended to read: 173.14 Subd. 2. [PROCEDURE.] Notice of the election and the 173.15 special mail procedure must be given at least six weeks prior to 173.16 the election. No earlier than 20 days or later than 14 days 173.17 prior to the election, the auditor shall mail ballots by 173.18 nonforwardable mail to all voters registered in the town or 173.19 unorganized territory. Eligible voters not registered at the 173.20 time the ballots are mailed may apply for ballots as provided in 173.21 chapter 203B. Ballot return envelopes, with return postage 173.22 provided, must be preaddressed to the auditor or clerk and the 173.23 voter may return the ballot by mail or in person to the office 173.24 of the auditor or clerk. The costs of the mailing shall be paid 173.25 by the election jurisdiction in which the voter resides. A 173.26 voter who has been challenged or whose registration is deficient 173.27 under section 201.071, subdivision 4a, must be sent a voter 173.28 registration application along with the ballot materials and a 173.29 notice that the voter must reregister in order to vote. Any 173.30 ballot received by 8:00 p.m. on the day of the election must be 173.31 counted. 173.32 Sec. 51. [204B.461] [MAIL BALLOTING.] 173.33 Subdivision 1. [SCOPE.] This section applies to mail 173.34 balloting conducted under sections 204B.45 and 204B.46. Except 173.35 as otherwise provided in this section, sections 203B.001 to 173.36 203B.15 also apply to mail balloting. In unorganized territory, 174.1 the county auditor shall perform the duties specified for the 174.2 municipal clerk. 174.3 Subd. 2. [AUTHORIZATION.] The municipal governing body, 174.4 school board, or county board may authorize mail balloting by 174.5 resolution adopted no later than 45 days prior to the first 174.6 election at which mail balloting will be used. If mail 174.7 balloting is adopted pursuant to section 204B.45, the resolution 174.8 remains in effect for all subsequent state and county elections 174.9 until revoked. Revocation of the resolution may occur no later 174.10 than 45 days before the next affected election. Authorization 174.11 to conduct a special election pursuant to section 204B.46 174.12 expires after completion of the election. 174.13 Subd. 3. [NOTICE.] The municipal clerk or school district 174.14 clerk shall notify the county auditor of the adoption or 174.15 discontinuance of mail balloting no later than two weeks after 174.16 adoption or revocation of the resolution. The county auditor 174.17 shall send a similar notice to the secretary of state for 174.18 elections authorized pursuant to section 204B.45. The county 174.19 auditor, municipal clerk, or school district clerk shall post 174.20 notice of mail ballot procedures at least six weeks before each 174.21 election. Notice of mail ballot procedures must include: 174.22 (1) the name or description of the municipality or 174.23 unorganized territory; 174.24 (2) the date of the election and the dates that ballots 174.25 will be mailed; 174.26 (3) a statement that each voter registered by the 21st day 174.27 before the election will be mailed a ballot; 174.28 (4) the times, places, and manner in which voted ballots 174.29 can be returned; 174.30 (5) an explanation of how an eligible voter who is not 174.31 registered may apply for a ballot and how a registered voter who 174.32 will be absent from the precinct may apply to receive the ballot 174.33 at a temporary address; 174.34 (6) the place and time for counting of ballots; and 174.35 (7) the name and address or telephone number of the 174.36 official or office where additional information can be obtained. 175.1 Before the first election at which mail balloting will be 175.2 used or discontinued, notice must also be given by one or more 175.3 of the following means: publication in a newspaper of general 175.4 circulation, posting of notice at public locations within each 175.5 precinct, dissemination of information through the media or at 175.6 public meetings, or mailed notice to registered voters. 175.7 Subd. 4. [MAILING BALLOTS.] The county auditor, municipal 175.8 clerk, or school district clerk shall mail ballots to the voters 175.9 registered in the municipality or unorganized territory. A 175.10 ballot mailing must be sent to each registered voter no earlier 175.11 than 20 or later than 14 days prior to the election. A 175.12 challenged voter must be sent nonregistered materials. 175.13 Ballots must be sent by nonforwardable mail. Ballots for 175.14 eligible voters who reside in health care facilities may be 175.15 delivered as provided in section 203B.11. The ballot mailing 175.16 must be addressed to the voter at the voter's residence address 175.17 as shown on the registration file unless the voter completes an 175.18 absentee ballot request as provided in section 203B.04 or 175.19 203B.16. 175.20 A return envelope, a ballot secrecy envelope, and 175.21 instructions for marking and returning mail ballots must be 175.22 included with the ballots. The instructions may include a 175.23 telephone number or electronic mail address which voters can 175.24 call or write for help in mail voting. At the request of the 175.25 secretary of state, a survey card that the voter can return to 175.26 the secretary of state must also be included. The ballot return 175.27 envelope must be printed with the mail voter's certificate. The 175.28 ballot return envelope must be addressed for return to the 175.29 county auditor, municipal clerk, or school district clerk that 175.30 is conducting the election. First class postage must be affixed 175.31 to the return envelope. 175.32 Subd. 5. [FORM OF INSTRUCTIONS TO MAIL VOTERS.] Mail 175.33 ballots must include the following instructions: 175.34 "INSTRUCTIONS TO MAIL BALLOT VOTERS 175.35 Follow these instructions carefully. 175.36 Before you vote you must have a witness. 176.1 Step 1. Locate one of the following individuals to serve 176.2 as your witness: 176.3 a. anyone who is registered to vote in Minnesota including 176.4 your spouse or another relative who meets this qualification; 176.5 b. a notary public; or 176.6 c. any person having authority to administer oaths. 176.7 Step 2. Show your witness the unmarked ballots. 176.8 Step 3. Mark the ballots in secrecy. If you are disabled 176.9 or otherwise unable to mark the ballots, you may ask your 176.10 witness to assist you. Mark your votes in the manner shown or 176.11 explained at the top of the ballots. Follow the instructions 176.12 under each office that tell you how many votes can be cast and 176.13 do not cast more votes than instructed. Casting more votes than 176.14 instructed for an office will prevent your votes from being 176.15 counted for that office. 176.16 FOR PRIMARY VOTERS ONLY: Carefully follow the instructions 176.17 on the ballot. If your are voting in a partisan primary, you 176.18 may only vote for candidates of one party. Voting for 176.19 candidates in more than one party will prevent your partisan 176.20 ballot from being counted. 176.21 If your make an error when marking your ballot you may 176.22 request a new ballot from the election official from whom you 176.23 received your ballot. If you cannot request a new ballot for 176.24 any reason, completely erase any errors and remark your ballot. 176.25 Step 4. Fold each ballot. Do not put any identifying 176.26 marks on the ballot. 176.27 Step 5. Place all voted ballots in the tan colored Ballot 176.28 Secrecy Envelope and seal the envelope. Do not write on this 176.29 envelope. 176.30 Step 6. Place the tan colored ballot secrecy envelope into 176.31 the white ballot return envelope and seal the envelope. 176.32 Step 7. Print your name and address and sign your name on 176.33 the back of the white ballot return envelope. The name, 176.34 address, and signature of your witness are required as well. 176.35 Step 8. Return your ballot to the address on the white 176.36 ballot return envelope by mail so it will be delivered by 177.1 election day or in person or through your designated agent no 177.2 later than 8:00 p.m. on election day. 177.3 If you have questions, please call (...) ...-.... ." 177.4 Subd. 6. [FORM OF MAIL VOTER'S CERTIFICATE.] The mail 177.5 voter's certificate must be as follows: 177.6 "TO BE COMPLETED BY VOTER 177.7 VOTER'S NAME (PLEASE PRINT) 177.8 ___________________________________________ 177.9 VOTER'S ADDRESS (PLEASE PRINT) 177.10 ___________________________________________ 177.11 I certify that on election day I will meet all the legal 177.12 requirements to vote. 177.13 VOTER'S SIGNATURE DATE 177.14 ________________________ _____________ 177.15 TO BE COMPLETED BY WITNESS 177.16 I certify that the voter 177.17 * showed me the blank ballots before voting; 177.18 * marked the ballots in secrecy or, if physically unable to 177.19 mark the ballots, the ballots were marked as directed by the 177.20 voter; and 177.21 * enclosed and sealed the ballots in the secrecy envelope. 177.22 NAME OF WITNESS (PLEASE PRINT) 177.23 ________________________________________ 177.24 ADDRESS OF WITNESS (PLEASE PRINT) 177.25 ________________________________________ 177.26 SIGNATURE OF WITNESS DATE 177.27 _________________________ __________ 177.28 TITLE OF WITNESS (IF AN OFFICIAL) 177.29 ________________________________________" 177.30 Subd. 7. [NONREGISTERED ELIGIBLE VOTERS.] An eligible 177.31 voter who was not registered on the 21st day prior to the 177.32 election may apply for and receive an absentee ballot. Absentee 177.33 voting in precincts using mail balloting must be conducted under 177.34 chapter 203B, except that the time for applying for, receiving, 177.35 and returning absentee ballots is extended until 8:00 p.m. on 177.36 the day of the election. The instructions to absentee voters 178.1 must be those specified in section 203B.21. The statement of 178.2 absentee voter must be that specified in section 203B.072. The 178.3 absentee ballot return envelope must be as specified in section 178.4 203B.073. 178.5 Subd. 8. [REPLACEMENT BALLOTS.] A voter who has spoiled a 178.6 ballot may request a replacement ballot from the official 178.7 conducting the election by completing a replacement mail ballot 178.8 affidavit. The spoiled ballot must be returned to the official 178.9 who issued the ballot, either by mail or in person, before a 178.10 replacement ballot can be issued. The election official must 178.11 put the returned ballot in a spoiled ballot envelope. A 178.12 replacement ballot may also be issued to a voter who signs an 178.13 affidavit stating that the voter did not receive or lost the 178.14 ballot mailed to the voter. The election official shall stamp 178.15 or mark on all replacement ballot return envelopes the words 178.16 "REPLACEMENT BALLOT" and shall maintain a record of all 178.17 replacement ballots issued. 178.18 Subd. 9. [FORM OF REPLACEMENT MAIL BALLOT AFFIDAVIT.] The 178.19 replacement mail ballot affidavit must be as follows: 178.20 "REPLACEMENT MAIL BALLOT AFFIDAVIT OF 178.21 _____________________________________ 178.22 (print or type legal name of voter) 178.23 _____________________________________ 178.24 (print or type legal address) 178.25 I certify that 178.26 - I am a resident and eligible voter in 178.27 _____________________________________ 178.28 (name of township or territory) 178.29 - I am requesting a replacement ballot because I spoiled, 178.30 lost, or did not receive the ballot mailed to me; 178.31 - if I spoiled the ballot, I have returned the spoiled 178.32 ballot to the official who issued the ballot or it is enclosed 178.33 with this affidavit; 178.34 - if I receive both ballots or find the first ballot, I 178.35 will destroy the unused ballot and will vote only once; and 178.36 - I understand that voting twice is a felony punishable by 179.1 not more than five years imprisonment and a fine of not more 179.2 than $10,000, or both. 179.3 _____________ ____________________________ 179.4 (date) (legal signature of voter)" 179.5 Subd. 10. [UNDELIVERABLE BALLOTS.] Ballots returned by the 179.6 post office as undeliverable to the voter at the address of 179.7 registration must be securely retained. If the auditor, 179.8 municipal clerk, or school district clerk is able to verify the 179.9 voter's residence at that address, the ballot may be reissued. 179.10 A ballot undeliverable to the voter at the address of 179.11 registration must be considered a returned notice of 179.12 verification as provided in section 201.12, and the voter's 179.13 registration must be challenged. The official conducting the 179.14 election shall maintain a record of all undeliverable ballots. 179.15 If the ballot is returned by the post office with 179.16 notification of the voter's new address within the county, 179.17 municipality, school district, or unorganized territory holding 179.18 the mail election, the auditor or clerk shall resend a ballot to 179.19 the voter along with a voter registration application, an 179.20 absentee ballot return envelope as provided in section 203.073, 179.21 subdivision 1, and a notice explaining the need and the 179.22 procedure to register at the voter's new address. The auditor 179.23 or clerk shall keep a list of individuals who are sent the 179.24 second mailing and will provide a copy of that list to the 179.25 election judges for use in processing the returned ballots. The 179.26 list of voters sent the second mailing will take the place of 179.27 the absentee ballot request form specified in section 203B.041. 179.28 Subd. 11. [RETURNING BALLOTS.] Mail ballots may be 179.29 returned to the official conducting the election by mail, in 179.30 person, or by designated agent. The official conducting the 179.31 election must accept ballots returned in person, or by 179.32 designated agent, until 8:00 p.m. on the day of the election. 179.33 An individual may not be the designated agent of more than three 179.34 voters in one election. 179.35 Subd. 12. [POLLING PLACE AND ELECTION JUDGES.] The only 179.36 polling place required for mail balloting is the office of the 180.1 election official conducting the election. The number of voting 180.2 stations set up in the office of the official conducting the 180.3 election must be sufficient to accommodate the number of voters 180.4 expected to vote in person on election day. On election day, 180.5 the official conducting the election shall provide one or more 180.6 secure drop boxes where voters can deposit return envelopes 180.7 containing ballots. The governing body of the jurisdiction 180.8 conducting the election shall designate a suitable location 180.9 where the election judges can meet on election day to receive 180.10 and count ballots. The location must be open for public 180.11 observation of the counting of ballots. The governing body of 180.12 the jurisdiction conducting the election shall appoint election 180.13 judges as provided in sections 204B.19 to 204B.21. For state 180.14 elections, the county auditor shall appoint election judges for 180.15 mail ballot precincts and shall apportion the cost of the 180.16 election judges among the precincts voting by mail in that 180.17 election. The county auditor may delegate the authority to 180.18 appoint election judges for precincts voting by mail in state 180.19 elections to the municipal clerk. During the day of the 180.20 election at least two election judges must be present at the 180.21 office of the official conducting the election to accept mail 180.22 ballots delivered in person and to process persons registering 180.23 on election day. Additional judges may be appointed as needed. 180.24 If the ballots are to be counted by hand and there are more than 180.25 two questions or one office to be voted on, at least one judge 180.26 must be appointed for the counting of ballots for every 500 180.27 persons from whom ballots are expected to be returned. 180.28 Subd. 13. [RECEIVING AND COUNTING BALLOTS.] On or before 180.29 election day, the election judges shall receive from the county 180.30 auditor, municipal clerk, or school district clerk, returned 180.31 ballots, applications for absentee ballots, affidavits for 180.32 replacement ballots, and the list of voters sent a second 180.33 mailing of the ballot. The judges shall arrange to receive from 180.34 the election official any additional ballots received in the 180.35 mail or returned by a voter prior to 8:00 p.m. on election day. 180.36 Ballots must be transported to the location where ballot 181.1 processing and counting will occur in a sealed transfer case by 181.2 two or more election judges. During the receiving and counting 181.3 of ballots, the ballots must at all times remain in the custody 181.4 of two or more election judges. 181.5 Prior to 8:00 p.m. on election day, the election judges may 181.6 examine the return envelopes, mark them "accepted" or "rejected" 181.7 and remove the ballot envelopes from the "accepted" return 181.8 envelopes. The election judges may check any list of registered 181.9 voters provided by the county auditor or contact the county 181.10 auditor to determine whether a witness who did not provide an 181.11 address is a registered voter and therefore an eligible voter. 181.12 The ballot envelopes must be placed unopened in a locked ballot 181.13 box or other sealed container. At 8:00 p.m. on election day, 181.14 the election judges shall open the ballot box, remove the 181.15 ballots from the ballot envelopes, and count the ballots. 181.16 Subd. 14. [CHALLENGES.] Challengers appointed under 181.17 section 204C.07 may be present while the election judges are 181.18 examining and accepting or rejecting the return envelopes. 181.19 Challenges must be made and determined as provided in section 181.20 204C.13, subdivision 6. 181.21 Subd. 15. [COSTS.] The governing body authorizing mail 181.22 balloting shall pay the costs of the mailing. Costs of mailing 181.23 include postage costs and the costs of printing required 181.24 envelopes, instructions, affidavits, and mailing labels. Other 181.25 expenses must be paid as provided in section 204B.32. 181.26 Subd. 16. [ALTERNATE FORMS.] The secretary of state may 181.27 authorize the alternate use of envelopes and other forms related 181.28 to mail elections. 181.29 Sec. 52. Minnesota Statutes 2002, section 204C.06, 181.30 subdivision 2, is amended to read: 181.31 Subd. 2. [INDIVIDUALS ALLOWED IN POLLING PLACE.] (a) 181.32 Representatives of the secretary of state's office, the county 181.33 auditor's office, and the municipal or school district clerk's 181.34 office may be present at the polling place to observe election 181.35 procedures. Except for these representatives, election judges, 181.36 sergeants-at-arms, and challengers, an individual may remain 182.1 inside the polling place during voting hours only while voting 182.2 or registering to vote, completing a form pursuant to section 182.3 200.04, providing proof of residence for an individual who is 182.4 registering to vote, or assisting a handicapped voter or a voter 182.5 who is unable to read English. During voting hours no one 182.6 except individuals receiving, marking, or depositing ballots 182.7 shall approach within six feet of a voting booth, unless 182.8 lawfully authorized to do so by an election judge. 182.9 (b) Teachers and elementary or secondary school students 182.10 participating in an educational activity authorized by section 182.11 204B.27, subdivision 7, may be present at the polling place 182.12 during voting hours. 182.13 Sec. 53. Minnesota Statutes 2002, section 204C.10, is 182.14 amended to read: 182.15 204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 182.16 REGISTRATION.] 182.17 (a) An individual seeking to vote shall sign a polling 182.18 place roster which states that the individual is at least 18 182.19 years of age, a citizen of the United States, has resided in 182.20 Minnesota for 20 days immediately preceding the 182.21 election,certifiesmaintains residence at the address shown, is 182.22 not under a guardianshipof the personin which the individual 182.23 has not retained the right to vote, has not been found by a 182.24 court of law to be legally incompetent to vote or convicted of a 182.25 felony without having civil rights restored, is registered and 182.26 has not already voted in the election. The roster must also 182.27 state: "I understand that deliberately providing false 182.28 information is a felony punishable by not more than five years 182.29 imprisonment and a fine of not more than $10,000, or both." 182.30 (b) A judge may, before the applicant signs the roster, 182.31 confirm the applicant's name, address, and date of birth. 182.32 (c) After the applicant signs the roster, the judge shall 182.33 give the applicant a voter's receipt. The voter shall deliver 182.34 the voter's receipt to the judge in charge of ballots as proof 182.35 of the voter's right to vote, and thereupon the judge shall hand 182.36 to the voter the ballot. The voters' receipts must be 183.1 maintained during the time for notice of filing an election 183.2 contest. 183.3 Sec. 54. Minnesota Statutes 2002, section 204C.12, 183.4 subdivision 4, is amended to read: 183.5 Subd. 4. [REFUSAL TO ANSWER QUESTIONS OR SIGN A POLLING 183.6 PLACE ROSTER; CONSEQUENCES OF SUCCESSFUL CHALLENGE.] A 183.7 challenged individual who is found to be ineligible to vote in 183.8 that precinct or who refuses to answer questions or sign a 183.9 polling place roster as required by this section must not be 183.10 allowed to vote and the county auditor must reclassify as 183.11 inactive the record of the challenged individual within 14 days 183.12 following the challenge.A challenged individual who leaves the183.13polling place and returns later willing to answer questions or183.14sign a polling place roster must not be allowed to vote.183.15 Sec. 55. Minnesota Statutes 2002, section 204C.24, 183.16 subdivision 1, is amended to read: 183.17 Subdivision 1. [INFORMATION REQUIREMENTS.] Precinct 183.18 summary statementsshallmust be submitted by the election 183.19 judges in every precinct.For state elections, the election183.20judges shall complete three or more copies of the summary183.21statements, andIn a central counting center, the election 183.22 official in charge shall prepare the summary statements. The 183.23 summary statement must state the name of the county; the name of 183.24 the municipality, school district, or special district; the 183.25 precinct name and code; offices; names of candidates; number of 183.26 persons registered at 7:00 a.m. on election day; number of 183.27 ballots counted; vote totals; and any other data required by the 183.28 secretary of state. Eachcopy shallsummary statement must 183.29 contain the following information for each kind of ballot: 183.30 (a) the number of votes each candidate received, including 183.31 write-in candidates for state or federal office who have 183.32 requested under section 204B.09 that votes for those candidates 183.33 be tallied, or the number of yes and no votes on each question, 183.34 the number of undervotes or partially blank ballots, and the 183.35 number of overvotes or partially defective ballots with respect 183.36 to each office or question; 184.1 (b) the number of totally blank ballots, the number of 184.2 totally defective ballots, the number of spoiled ballots, and184.3the number of unused ballots; 184.4 (c) the number of individuals who voted at the election in 184.5 the precinct; 184.6 (d) the number of voters registering on election day in 184.7 that precinct;and184.8 (e) the number of regular absentee ballots; 184.9 (f) the number of military and overseas absentee ballots; 184.10 (g) the number of registered voters in the precinct as of 184.11 7:00 a.m. on election day; 184.12 (h) the number of ballots on hand as of 7:00 a.m., the 184.13 number of spoiled ballots, the number of unused ballots, the 184.14 number of ballots in the envelope marked "ballots for which 184.15 duplicates were made," and the number of ballots that were 184.16 printed at or delivered to the precinct during election day; and 184.17 (i) the signatures of the election judges who counted the 184.18 ballots certifying that all of the ballots cast were properly 184.19 piled, checked, and counted; and that the numbers entered by the 184.20 election judges on the summary statements correctly show the 184.21 number of votes cast for each candidate and for and against each 184.22 question. The summary statement may be a computer printout, a 184.23 tape produced by a vote tabulator, or a form designated by the 184.24 secretary of state. The summary statement must include the 184.25 tally of write-in votes counted under section 204B.09. 184.26 For state elections, the election judges shall complete 184.27 three or more copies of the summary statement. At least two 184.28 copies of the summary statement must be prepared for elections 184.29 not held on the same day as the state elections. The summary 184.30 statements must be certified to the official conducting the 184.31 election. The official conducting the election shall prepare 184.32 one summary statement for each jurisdiction canvassing the 184.33 results of the election. For state elections, the county 184.34 auditor shall forward a summary statement to the secretary of 184.35 state together with two copies of the county canvassing board 184.36 report. The official conducting the election may authorize the 185.1 printing of copies of the summary statement for public 185.2 information purposes. The official conducting the election 185.3 shall prepare copies of any additional forms required by the 185.4 secretary of state. 185.5 Authorized personnel in each county must enter data 185.6 contained on the summary statements into the election reporting 185.7 system for the purpose of state reporting of the election 185.8 results. 185.9 Sec. 56. [204C.275] [INSPECTION OF POLLING PLACE ROSTERS.] 185.10 An individual who asks to inspect a polling place roster 185.11 used on election day must provide the county auditor with 185.12 identification and a written request stating the information 185.13 required by section 201.091, subdivision 4. Before fulfilling 185.14 the request for inspection, the auditor must conceal the month 185.15 and day of birth of each person on the roster. Before 185.16 fulfilling the request for inspection, the auditor must conceal 185.17 the address of any voter whose registration is under 185.18 court-ordered protection pursuant to section 201.091. 185.19 Sec. 57. [204C.255] [PROCEDURES FOLLOWING CLOSE OF POLLS.] 185.20 Subdivision 1. [BALLOTS NOT ISSUED, SECURED.] All ballots 185.21 that are not issued to voters must be secured for return to the 185.22 official in charge of the election for the election jurisdiction. 185.23 Subd. 2. [TOTAL NUMBER OF VOTERS.] The total number of 185.24 voters, determined pursuant to section 204C.20, subdivision 1, 185.25 must be entered on the summary statement. 185.26 Sec. 58. [204C.305] [DISTRIBUTION OF SUMMARY STATEMENTS.] 185.27 The summary statements referred to in section 204C.24 must 185.28 be certified to the official conducting the election. The 185.29 official conducting the election shall prepare one summary 185.30 statement for each jurisdiction canvassing the results of the 185.31 election. For state elections, the county auditor shall forward 185.32 a summary statement to the secretary of state together with two 185.33 copies of the county canvassing board report. The official 185.34 conducting the election may authorize the printing of copies of 185.35 the summary statement for public information purposes. The 185.36 official conducting the election shall prepare copies of any 186.1 additional forms required by the secretary of state. 186.2 Sec. 59. [204C.245] [CERTIFICATE OF ELECTION JUDGES.] 186.3 The election judges shall sign a "certificate of election 186.4 judges." The certificate must state: 186.5 (1) the number of persons voting as shown on the summary 186.6 statement; 186.7 (2) that the order of the offices and questions to be voted 186.8 on and the candidates' names on the ballots were the same as on 186.9 the sample ballot; 186.10 (3) the number of ballots being submitted for tabulation; 186.11 (4) that the ballots have been counted and agree with the 186.12 number of names as shown on the summary statement; 186.13 (5) the number of excess ballots, if any; 186.14 (6) that all ballots requiring duplication are in the 186.15 proper envelope; 186.16 (7) that all write-in votes have been properly recorded, if 186.17 this process was done on election night; 186.18 (8) that all ballots used in the election and all ballots 186.19 that have been or need to be duplicated have been placed in the 186.20 transfer case and that the case was securely sealed in such a 186.21 manner as to render it impossible to open the case without 186.22 breaking the seal; and 186.23 (9) the numbers of any seals used to seal the transfer case 186.24 or cases, boxes, or envelopes containing ballots. 186.25 Sec. 60. [204C.125] [EMERGENCY VOTING CARD.] 186.26 If a voter who has registered prior to an election day is 186.27 challenged because the voter's name does not appear on the 186.28 polling place roster of the precinct in which the voter desires 186.29 to vote, the voter may register on that election day by 186.30 following the election day registration procedures in section 186.31 201.061. Or, if it appears upon examination that the voter's 186.32 name was erroneously omitted from the roster, the voter must be 186.33 permitted to vote in the precinct after completing the required 186.34 name and address information and signing the oath on the polling 186.35 place roster. The judges shall note on the list that the voter 186.36 was permitted to vote pursuant to instructions from the county 187.1 auditor and two judges shall initial the entry. 187.2 Sec. 61. Minnesota Statutes 2002, section 204C.28, 187.3 subdivision 1, is amended to read: 187.4 Subdivision 1. [COUNTY AUDITOR.] Every county auditor 187.5 shall remain at the auditor's office to receive delivery of the 187.6 returns, to permit public inspection of the summary statements, 187.7 and to tabulate the votes until all have been tabulated and the 187.8 results made known, or until 24 hours have elapsed since the end 187.9 of the hours for voting, whichever occurs first. Every county 187.10 auditor shall keep a book in which, in the presence of the 187.11 municipal clerk or the election judges who deliver the returns, 187.12 the auditor shall make a record of all materials delivered, the 187.13 time of delivery, and the names of the municipal clerk or 187.14 election judges who made delivery. The county auditor shall 187.15 file the book and all envelopes containing ballots in a safe and 187.16 secure place with envelope seals unbroken. Access to the book 187.17 and ballots shall be strictly controlled. Accountability and a 187.18 record of access shall be maintained by the county auditor 187.19 during the period for contesting elections, or, if a contest is 187.20 filed, until the contest has been finally determined. 187.21 Thereafter, the book shall be retained in the auditor's office 187.22 for the same period as the ballots as provided in section 187.23 204B.40. 187.24 The county auditor shall file all envelopes containing 187.25 ballots in a safe place with seals unbroken. If the envelopes 187.26 were previously opened by proper authority for examination or 187.27 recount, the county auditor shall have the envelopes sealed 187.28 again and signed by the individuals who made the inspection or 187.29 recount. The envelopes may be opened by the county canvassing 187.30 board if necessary to procure election returns that the election 187.31 judges inadvertently may have sealed in the envelopes with the 187.32 ballots. In that case, the envelopes shall be sealed again and 187.33 signed in the same manner as otherwise provided in this 187.34 subdivision. 187.35 Sec. 62. Minnesota Statutes 2002, section 204D.06, is 187.36 amended to read: 188.1 204D.06 [CERTIFICATION OF NAMES BY SECRETARY OF STATE.] 188.2 At least 42 days before a state primary, the secretary of 188.3 state shall certify to the county auditors the names of all 188.4 candidates who have properly filed affidavits of candidacy with 188.5 the secretary of state and who will be voted for in their 188.6 respective counties at that primary. The secretary of state may 188.7 comply with this requirement electronically. 188.8 Sec. 63. Minnesota Statutes 2002, section 204D.23, 188.9 subdivision 4, is amended to read: 188.10 Subd. 4. [FILING WITH THE SECRETARY OF STATE; 188.11 CERTIFICATION.] Within 24 hours after the filings have closed, 188.12 the secretary of state shall certify to the county auditors the 188.13 names of the candidates who have filed with the secretary of 188.14 state and who will be voted for in those counties at the special 188.15 primary. The secretary of state may comply with this 188.16 requirement electronically. 188.17 Sec. 64. [205.135] [ELECTION RESULTS REPORTING SYSTEM; 188.18 CANDIDATE FILING.] 188.19 Subdivision 1. [EVEN-NUMBERED YEAR.] For regularly 188.20 scheduled municipal elections held in an even-numbered year, the 188.21 municipal clerk must provide the offices and questions to be 188.22 voted on in the municipality and the list of candidates for each 188.23 office to the county auditor for entry into the election results 188.24 reporting system provided by the secretary of state no later 188.25 than 46 days prior to the election. The county auditor may 188.26 delegate at the request of the municipality the duty to enter 188.27 the information into the system to the municipal clerk. 188.28 Subd. 2. [ODD-NUMBERED YEAR.] For regularly scheduled 188.29 municipal elections held in an odd-numbered year, the municipal 188.30 clerk or county auditor must enter the offices and questions to 188.31 be voted on in the municipality and the list of candidates for 188.32 each office into the election results reporting system no later 188.33 than 46 days prior to the election if the county auditor or 188.34 municipal clerk has notified the secretary of state of intent to 188.35 use the election results reporting system for the election. 188.36 Sec. 65. [205.187] [ELECTION RESULTS REPORTING SYSTEM; 189.1 PRECINCT VOTES.] 189.2 For regularly scheduled municipal elections held in 189.3 November of an even-numbered year, the county auditor shall 189.4 enter the votes in each precinct for the questions and offices 189.5 voted on in the municipal election into the election results 189.6 reporting system provided by the secretary of state. 189.7 For regularly scheduled municipal elections held in an 189.8 odd-numbered year, the municipal clerk or county auditor must 189.9 enter the votes in each precinct for the offices and questions 189.10 voted on in the municipality into the election results reporting 189.11 system provided by the secretary of state if the county auditor 189.12 or municipal clerk has notified the secretary of state of intent 189.13 to use the election results reporting system for the election. 189.14 Sec. 66. [205A.075] [ELECTION RESULTS REPORTING SYSTEM; 189.15 CANDIDATE FILING.] 189.16 Subdivision 1. [EVEN-NUMBERED YEAR.] For regularly 189.17 scheduled school district elections held in an even-numbered 189.18 year, the school district clerk must provide the offices and 189.19 questions to be voted on in the school district and the list of 189.20 candidates for each office to the county auditor for entry into 189.21 the election results reporting system provided by the secretary 189.22 of state no later than 46 days prior to the election. 189.23 Subd. 2. [ODD-NUMBERED YEAR.] For regularly scheduled 189.24 school district elections held in an odd-numbered year, the 189.25 school district clerk or county auditor must enter the offices 189.26 and questions to be voted on in the school district and the list 189.27 of candidates for each office into the election results 189.28 reporting system no later than 46 days prior to the election if 189.29 the county auditor or school district has notified the secretary 189.30 of state of intent to use the election results reporting system 189.31 for the election. 189.32 Sec. 67. [205A.076] [ELECTION RESULTS REPORTING SYSTEM; 189.33 PRECINCT VOTES.] 189.34 For regularly scheduled school district elections held in 189.35 an even-numbered year, the county auditor shall enter the votes 189.36 in each precinct for the questions and offices voted on in the 190.1 school district election into the election results reporting 190.2 system provided by the secretary of state. 190.3 For regularly scheduled school district elections held in 190.4 an odd-numbered year, the school district clerk or county 190.5 auditor must enter the votes in each precinct for the offices 190.6 and questions voted on in the school district into the election 190.7 results reporting system if the county auditor or municipal 190.8 clerk has notified the secretary of state of intent to use the 190.9 election results reporting system for the election. 190.10 Sec. 68. Minnesota Statutes 2002, section 204C.13, is 190.11 amended by adding a subdivision to read: 190.12 Subd. 8. [SPOILED BALLOTS.] If a voter spoils a ballot by 190.13 inadvertently defacing it or requests a new ballot, the voter 190.14 shall hand the ballot to the election judge. The election judge 190.15 may only look at the portion of the ballot containing precinct 190.16 information in order to determine what style of replacement 190.17 ballot to give the voter. The election judge shall place the 190.18 ballot in the spoiled ballot envelope and give the voter another 190.19 ballot. 190.20 Sec. 69. Minnesota Statutes 2002, section 206.56, 190.21 subdivision 7, is amended to read: 190.22 Subd. 7. [COUNTING CENTER.] "Counting center" meansa190.23place selected by the governing body of a municipalitythe area 190.24 in a polling place where an electronic voting system is used for 190.25 the automatic processing and counting of ballots cast in that 190.26 polling place. For ballots cast pursuant to section 204B.45 or 190.27 204B.46, "counting center" means a place selected by the 190.28 governing body of a municipality where an electronic voting 190.29 system is used for the automatic processing and counting of 190.30 ballots. 190.31 Sec. 70. Minnesota Statutes 2002, section 206.64, 190.32 subdivision 1, is amended to read: 190.33 Subdivision 1. [GENERAL PROVISIONS FOR ELECTRONIC SYSTEM 190.34 VOTING.] Each electronic voting system booth must be placed and 190.35 protected so that it is accessible to only one voter at a time 190.36 and is in full view of all the election judges and challengers 191.1 at the polling place. The election judges shall admit one 191.2 individual at a time to each booth after determining that the 191.3 individual is eligible to vote. Voting by electronic voting 191.4 system must be secret, except for voters who need assistance. A 191.5 voter may remain inside the voting booth forthree minutesa 191.6 reasonable time. A voter who refuses to leave the voting booth 191.7 afterthree minutesa reasonable time must be removed by the 191.8 election judges. In no case may the time limit be construed to 191.9 be less than three minutes. No time limit applies to a voter 191.10 using assistive voting technology. 191.11 Sec. 71. Minnesota Statutes 2002, section 375.101, is 191.12 amended by adding a subdivision to read: 191.13 Subd. 1a. [APPOINTMENTS TO FILL VACANCIES.] In addition to 191.14 the events set forth in subdivision 3, a vacancy in the office 191.15 of county commissioner occurring as a result of the death of the 191.16 commissioner may be filled by board appointment at a regular or 191.17 special meeting. The appointment shall be evidenced by a 191.18 resolution entered in the minutes and shall continue until an 191.19 election is held under this subdivision. All elections to fill 191.20 vacancies shall be for the unexpired term. If the vacancy 191.21 occurs before the first day to file affidavits of candidacy for 191.22 the next county general election and more than two years remain 191.23 in the unexpired term, a special election shall be held in 191.24 conjunction with the county general election. The appointed 191.25 person shall serve until the qualification of the successor 191.26 elected to fill the unexpired part of the term at that special 191.27 election. If the vacancy occurs on or after the first day to 191.28 file affidavits of candidacy for the county general election, or 191.29 when less than two years remain in the unexpired term, there 191.30 shall be no special election to fill the vacancy and the 191.31 appointed person shall serve the remainder of the unexpired term 191.32 and until a successor is elected and qualifies at the county 191.33 general election. 191.34 Sec. 72. [REPEALER.] 191.35 (a) Minnesota Statutes 2002, section 203B.02, subdivision 191.36 1a, is repealed. 192.1 (b) Minnesota Rules, parts 8200.1200; 8200.2600; 8200.2700; 192.2 8200.2900; 8200.3550; 8200.3600; 8200.3700; 8200.3800; 192.3 8200.3900; 8200.6200; 8200.9120; 8200.9315; 8200.9320; 192.4 8210.0200; 8210.0225; 8210.0500; 8210.0600; 8210.0700; 192.5 8210.0800; 8210.2300; 8210.2400; 8210.3000; 8230.3950; and 192.6 8230.4050, are repealed. 192.7 Sec. 73. [EFFECTIVE DATE.] 192.8 Sections 1 to 68, 71, and 72 are effective the day 192.9 following final enactment. 192.10 Section 69 is effective July 1, 2006. 192.11 ARTICLE 9 192.12 ELECTRONIC REAL ESTATE RECORDING TASK FORCE 192.13 Section 1. Laws 2000, chapter 391, section 1, subdivision 192.14 1, is amended to read: 192.15 Subdivision 1. [TASK FORCE; MEMBERSHIP.] (a) The secretary 192.16 of state shallestablishserve as the chair of a task force of 192.17 15 members to study and make recommendations for the 192.18 establishment of a system for the electronic filing and 192.19 recording of real estate documents. Members who are appointed 192.20 under this section shall serve for a term of two years 192.21 commencing on June 30, 2004. Upon expiration of their term, 192.22 members may be reappointed for an additional year by their 192.23 appointing authority. Two county board members to be appointed 192.24 by the Association of Minnesota Counties, including one board 192.25 member from within the seven-county metropolitan area, as 192.26 designated under Minnesota Statutes, section 16E.02, shall serve 192.27 as the vice chairs of the task force. The task force must 192.28 include: 192.29 (1)two members of the senate appointed by the subcommittee192.30on committees of the committee on rules and administration and192.31two members of the house appointed by the speaker of the house;192.32(2) representatives of county recorders and otherthree 192.33 county government officials appointed by the association of 192.34 county officers, including one county recorder, one county 192.35 auditor, and one county treasurer; 192.36 (2) the commissioner of administration or the designee of 193.1 the commissioner; 193.2 (3) seven members from the private sector appointed by the 193.3 chair, including representatives of: 193.4 (i) real estate attorneys, real estate agents, and public 193.5 and private land surveyors; 193.6(4) representatives of(ii) title companies, mortgage 193.7 companies, and other real estate lenders; and 193.8(5) a representative of the Minnesota historical society193.9and other state and local government archivists;193.10(6)(iii) technical and industry experts in electronic 193.11 commerce and electronic records management and preservation; and 193.12(7) representatives of federal government-sponsored193.13enterprises active in the real estate industry;193.14(8) the commissioner of revenue; and193.15(9) other members appointed by the secretary of state193.16 (4) a representative selected by the Minnesota Historical 193.17 Society. 193.18 (b) The task force may refer items to subcommittees. The 193.19 chair shall appoint the membership of a subcommittee. An 193.20 individual may be appointed to serve on a subcommittee without 193.21 serving on the task force. 193.22 (c) Any member of the task force representing a 193.23 jurisdiction or private interest receiving funding from the task 193.24 force in any way must resign from the task force and be replaced 193.25 by the member's appointing authority. 193.26 Sec. 2. Laws 2000, chapter 391, section 1, subdivision 2, 193.27 is amended to read: 193.28 Subd. 2. [STUDY AND RECOMMENDATIONS.] The task force shall 193.29 study and make recommendations regarding implementation of a 193.30 system for electronic filing and recording of real estate 193.31 documents and shall consider: 193.32 (1) technology and computer needs; 193.33 (2) legal issues such as authenticity, security, timing and 193.34 priority of recordings, and the relationship between electronic 193.35 and paper recording systems; 193.36 (3) cost-effectiveness of electronic recording systems; 194.1 (4) timetable and plan for implementing an electronic 194.2 recording system, considering types of documents and entities 194.3 using the system and volume of recordings; 194.4 (5) permissive versus mandatory systems; and 194.5 (6) other relevant issues identified by the task force. 194.6 The task force shall submit a report to the legislature by 194.7 January 15, 2001, outlining a proposed work plan and budget for 194.8 consideration by the legislature. By January 15, 2005, the task 194.9 force shall provide an updated report to the legislature 194.10 containing a revised work plan and budget. The task force 194.11 expires June 30,20032007. 194.12 Sec. 3. Laws 2001, First Special Session chapter 10, 194.13 article 2, section 77, the effective date, is amended to read: 194.14 [EFFECTIVE DATE.] This section is effective only between 194.15 August 1, 2001, and June 30,20032007. 194.16 Sec. 4. Laws 2002, chapter 365, section 9, is amended to 194.17 read: 194.18 Sec. 9. [EFFECTIVE DATES AND APPLICATION.] 194.19 The amendments made by sections 3 and 4 are effective until 194.20 June 30,20042007, for documents last acknowledged ten or more 194.21 days after the date of final enactment of this act; or filed 45 194.22 days or more after the date of final enactment. Sections 6 to 8 194.23 are effective the day following final enactment. 194.24 Sec. 5. Laws 2003, First Special Session chapter 1, 194.25 article 2, section 123, is amended to read: 194.26 Sec. 123. [REAL ESTATE FILING SURCHARGE.] 194.27 All funds collected during the fiscal year ending June 30, 194.28 2007, the fiscal year ending June 30, 2006, the fiscal year 194.29 ending June 30, 2005, the fiscal year ending June 30, 2004, and 194.30 funds collected in the fiscal year ending June 30, 2003, that 194.31 carry forward into the fiscal year ending June 30, 2004, 194.32 pursuant to the additional 50-cent surcharges imposed by Laws 194.33 2001, First Special Session chapter 10, article 2, section 77, 194.34 and Laws 2002, chapter 365, as amended by this act, are 194.35 appropriated to the legislative coordinating commission for the 194.36 real estate task force established by Laws 2000, chapter 391, 195.1 for the purposes set forth in Laws 2001, First Special Session 195.2 chapter 10, article 2, sections 98 to 101. $25,000 in each 195.3 fiscal year from those funds are to be retained by the 195.4 legislative coordinating commission for the services described 195.5 in Laws 2001, First Special Session chapter 10, article 2, 195.6 section 99. 195.7 Sec. 6. [TASK FORCE TRANSITION.] 195.8 The members of the electronic real estate document task 195.9 force created in Laws 2000, chapter 391, section 1, who are 195.10 serving on the task force on the effective date of this act 195.11 shall end their service on that date unless reappointed or 195.12 designated under section 1. 195.13 Sec. 7. [EFFECTIVE DATE.] 195.14 Sections 1 to 6 are effective the day following final 195.15 enactment.