HF 2764

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             proposing an amendment to the Minnesota Constitution 
  1.3             to provide for a unicameral legislature; changing 
  1.4             article IV; article V, sections 3, 5; article VIII, 
  1.5             section 1; article IX, sections 1, 2; article XI, 
  1.6             section 5; providing by law for a unicameral 
  1.7             legislature of 134 members; requiring a voter guide; 
  1.8             proposing an amendment to the Minnesota Constitution; 
  1.9             adding a section to article IV to provide for 
  1.10            initiative and referendum; providing procedures for 
  1.11            initiative and referendum; providing penalties; 
  1.12            amending Minnesota Statutes 2000, sections 2.021; 
  1.13            2.031, subdivision 1; 204C.33, subdivisions 1, 3; 
  1.14            204D.11, by adding a subdivision; proposing coding for 
  1.15            new law in Minnesota Statutes, chapter 3B. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17                             ARTICLE 1 
  1.18                       UNICAMERAL LEGISLATURE
  1.19     Section 1.  [CONSTITUTIONAL AMENDMENTS PROPOSED.] 
  1.20     An amendment to the Minnesota Constitution is proposed to 
  1.21  the people. 
  1.22     If the amendment is adopted, article IV will read: 
  1.23     Section 1.  The legislature consists of the senate and 
  1.24  house of representatives one house. 
  1.25     Sec. 2.  The number of members who compose the senate and 
  1.26  house of representatives legislature shall be prescribed by law. 
  1.27  The representation in both houses shall be apportioned equally 
  1.28  throughout the different sections of the state in proportion to 
  1.29  the population thereof. 
  1.30     Sec. 3.  At its first session after each enumeration of the 
  2.1   inhabitants of this state made by the authority of the United 
  2.2   States, the legislature shall have the power to prescribe the 
  2.3   bounds of congressional and legislative districts.  Senators 
  2.4   Members shall be chosen by single districts of convenient 
  2.5   contiguous territory.  No representative district shall be 
  2.6   divided in the formation of a senate district.  The senate 
  2.7   districts shall be numbered in a regular series. 
  2.8      Sec. 4.  Representatives shall be chosen for a term of two 
  2.9   years, except to fill a vacancy.  Senators Members shall be 
  2.10  chosen for a term of four two years, except to fill a vacancy 
  2.11  and except there shall be an entire new election of all the 
  2.12  senators at the first election of representatives after each new 
  2.13  legislative apportionment provided for in this article.  The 
  2.14  governor shall call elections to fill vacancies in either house 
  2.15  of the legislature. 
  2.16     Sec. 5.  No senator or representative member shall hold any 
  2.17  other office under the authority of the United States or the 
  2.18  state of Minnesota, except that of postmaster or of notary 
  2.19  public.  If elected or appointed to another office, a legislator 
  2.20  may resign from the legislature by tendering his resignation to 
  2.21  the governor. 
  2.22     Sec. 6.  Senators and representatives Members shall be 
  2.23  qualified voters of the state, and shall have resided one year 
  2.24  in the state and six months immediately preceding the election 
  2.25  in the district from which elected.  Each house The legislature 
  2.26  shall be the judge of the election returns and eligibility of 
  2.27  its own members.  The legislature shall prescribe by law the 
  2.28  manner for taking evidence in cases of contested seats in either 
  2.29  house. 
  2.30     Sec. 7.  Each house The legislature may determine the rules 
  2.31  of its proceedings, sit upon its own adjournment, punish its 
  2.32  members for disorderly behavior, and with the concurrence of 
  2.33  two-thirds expel a member; but no member shall be expelled a 
  2.34  second time for the same offense. 
  2.35     Sec. 8.  Each member and officer of the legislature before 
  2.36  entering upon his duties shall take an oath or affirmation to 
  3.1   support the Constitution of the United States, the constitution 
  3.2   of this state, and to discharge faithfully the duties of his 
  3.3   office to the best of his judgment and ability. 
  3.4      Sec. 9.  The compensation of senators and representatives 
  3.5   members shall be prescribed by law.  No increase of compensation 
  3.6   shall take effect during the period for which the members of the 
  3.7   existing house of representatives legislature may have been 
  3.8   elected. 
  3.9      Sec. 10.  The members of each house the legislature in all 
  3.10  cases except treason, felony and breach of the peace, shall be 
  3.11  privileged from arrest during the session of their respective 
  3.12  houses and in going to or returning from the same.  For any 
  3.13  speech or debate in either house the legislature they shall not 
  3.14  be questioned in any other place. 
  3.15     Sec. 11.  Two or more members of either house the 
  3.16  legislature may dissent and protest against any act or 
  3.17  resolution which they think injurious to the public or to any 
  3.18  individual and have the reason of their dissent entered in the 
  3.19  journal. 
  3.20     Sec. 12.  The legislature shall meet at the seat of 
  3.21  government in regular session in each biennium at the times 
  3.22  prescribed by law for not exceeding a total of 120 legislative 
  3.23  days.  The legislature shall not meet in regular session, nor in 
  3.24  any adjournment thereof, after the first Monday following the 
  3.25  third Saturday in May of any year.  After meeting at a time 
  3.26  prescribed by law, the legislature may adjourn to another time.  
  3.27  "Legislative day" shall be defined by law.  A special session of 
  3.28  the legislature may be called by the governor on extraordinary 
  3.29  occasions. 
  3.30     Neither house during a session of the legislature shall 
  3.31  adjourn for more than three days (Sundays excepted) nor to any 
  3.32  other place than that in which the two houses shall be assembled 
  3.33  without the consent of the other house. 
  3.34     Sec. 13.  A majority of each house the legislature 
  3.35  constitutes a quorum to transact business, but a smaller number 
  3.36  may adjourn from day to day and compel the attendance of absent 
  4.1   members in the manner and under the penalties it may provide. 
  4.2      Sec. 14.  Each house The legislature shall be open to the 
  4.3   public during its sessions except in cases which in its opinion 
  4.4   require secrecy. 
  4.5      Sec. 15. Each house The legislature shall elect its 
  4.6   presiding officer and other officers as may be provided by law.  
  4.7   Both houses It shall keep journals of their its proceedings, and 
  4.8   from time to time publish the same, and the yeas and nays, when 
  4.9   taken on any question, shall be entered in the journals journal. 
  4.10     Sec. 16.  In all elections by the legislature members shall 
  4.11  vote viva voce and their votes shall be entered in the journal. 
  4.12     Sec. 17.  No law shall embrace more than one subject, which 
  4.13  shall be expressed in its title. 
  4.14     Sec. 18.  All bills for raising revenue shall originate in 
  4.15  the house of representatives, but the senate may propose and 
  4.16  concur with the amendments as on other bills. 
  4.17     Sec. 19.  Every bill shall be reported on three different 
  4.18  days in each house the legislature, unless, in case of urgency, 
  4.19  two-thirds of the house where the bill is pending legislature 
  4.20  deem it expedient to dispense with this rule. 
  4.21     Sec. 20.  Every bill passed by both houses the legislature 
  4.22  shall be enrolled and signed by the presiding officer of each 
  4.23  house.  Any presiding officer refusing to sign a bill passed by 
  4.24  both houses shall thereafter be disqualified from any office of 
  4.25  honor or profit in the state.  Each house The legislature by 
  4.26  rule shall provide the manner in which a bill shall be certified 
  4.27  for presentation to the governor in case of such refusal. 
  4.28     Sec. 21.  No bill shall be passed by either house upon the 
  4.29  day prescribed for adjournment.  This section shall not preclude 
  4.30  the enrollment of a bill or its transmittal from one house to 
  4.31  the other or to the executive for his signature. 
  4.32     Sec. 22.  The style of all laws of this state shall be: "Be 
  4.33  it enacted by the legislature of the state of Minnesota."  No 
  4.34  law shall be passed unless voted for by a majority of all the 
  4.35  members elected to each house of the legislature, and the vote 
  4.36  entered in the journal of each house. 
  5.1      Sec. 23.  Every bill passed in conformity to the rules of 
  5.2   each house and the joint rules of the two houses legislature 
  5.3   shall be presented to the governor.  If he approves a bill, he 
  5.4   shall sign it, deposit it in the office of the secretary of 
  5.5   state and notify the house in which it originated legislature of 
  5.6   that fact.  If he vetoes a bill, he shall return it with his 
  5.7   objections to the house in which it originated legislature.  His 
  5.8   objections shall be entered in the journal.  If, after 
  5.9   reconsideration, two-thirds of that house the legislature agree 
  5.10  to pass the bill, it shall be sent, together with the governor's 
  5.11  objections, to the other house, which shall likewise reconsider 
  5.12  it.  If approved by two-thirds of that house it becomes a law 
  5.13  and shall be deposited in the office of the secretary of state.  
  5.14  In such cases the votes of both houses shall be determined by 
  5.15  yeas and nays, and the names of the persons voting for or 
  5.16  against the bill shall be entered in the journal of each house.  
  5.17  Any bill not returned by the governor within three days (Sundays 
  5.18  excepted) after it is presented to him becomes a law as if he 
  5.19  had signed it, unless the legislature by adjournment within that 
  5.20  time prevents its return.  Any bill passed during the last three 
  5.21  days of a session may be presented to the governor during the 
  5.22  three days following the day of final adjournment and becomes 
  5.23  law if the governor signs and deposits it in the office of the 
  5.24  secretary of state within 14 days after the adjournment of the 
  5.25  legislature.  Any bill passed during the last three days of the 
  5.26  session which is not signed and deposited within 14 days after 
  5.27  adjournment does not become a law. 
  5.28     If a bill presented to the governor contains several items 
  5.29  of appropriation of money, he may veto one or more of the items 
  5.30  while approving the bill.  At the time he signs the bill the 
  5.31  governor shall append to it a statement of the items he vetoes 
  5.32  and the vetoed items shall not take effect.  If the legislature 
  5.33  is in session, he shall transmit to the house in which the bill 
  5.34  originated it a copy of the statement, and the items vetoed 
  5.35  shall be separately reconsidered.  If on reconsideration any 
  5.36  item is approved by two-thirds of the members elected to each 
  6.1   house, it is a part of the law notwithstanding the objections of 
  6.2   the governor. 
  6.3      Sec. 24.  Each order, resolution or vote requiring the 
  6.4   concurrence of the two houses except such as relate to the 
  6.5   business or adjournment of the legislature shall be presented to 
  6.6   the governor and is subject to his veto as prescribed in case of 
  6.7   a bill. 
  6.8      Sec. 25.  During a session each house the legislature may 
  6.9   punish by imprisonment for not more than 24 hours any person not 
  6.10  a member who is guilty of any disorderly or contemptuous 
  6.11  behavior in its presence. 
  6.12     Sec. 26.  Passage of a general banking law requires the 
  6.13  vote of two-thirds of the members of each house of the 
  6.14  legislature. 
  6.15     article V, section 3, will read: 
  6.16     Sec. 3.  The governor shall communicate by message to each 
  6.17  session of the legislature information touching the state and 
  6.18  country.  He is commander-in-chief of the military and naval 
  6.19  forces and may call them out to execute the laws, suppress 
  6.20  insurrection and repel invasion.  He may require the opinion in 
  6.21  writing of the principal officer in each of the executive 
  6.22  departments upon any subject relating to his duties.  With the 
  6.23  advice and consent of the senate legislature he may appoint 
  6.24  notaries public and other officers provided by law.  He may 
  6.25  appoint commissioners to take the acknowledgment of deeds or 
  6.26  other instruments in writing to be used in the state.  He shall 
  6.27  take care that the laws be faithfully executed.  He shall fill 
  6.28  any vacancy that may occur in the offices of secretary of state, 
  6.29  auditor, attorney general and the other state and district 
  6.30  offices hereafter created by law until the end of the term for 
  6.31  which the person who had vacated the office was elected or the 
  6.32  first Monday in January following the next general election, 
  6.33  whichever is sooner, and until a successor is chosen and 
  6.34  qualified. 
  6.35     article V, section 5, will read: 
  6.36     Sec. 5.  In case a vacancy occurs from any cause whatever 
  7.1   in the office of governor, the lieutenant governor shall be 
  7.2   governor during such vacancy.  The compensation of the 
  7.3   lieutenant governor shall be prescribed by law.  The last 
  7.4   elected presiding officer of the senate legislature shall become 
  7.5   lieutenant governor in case a vacancy occurs in that office. In 
  7.6   case the governor is unable to discharge the powers and duties 
  7.7   of his office, the same devolves on the lieutenant governor.  
  7.8   The legislature may provide by law for the case of the removal, 
  7.9   death, resignation, or inability both of the governor and 
  7.10  lieutenant governor to discharge the duties of governor and may 
  7.11  provide by law for continuity of government in periods of 
  7.12  emergency resulting from disasters caused by enemy attack in 
  7.13  this state, including but not limited to, succession to the 
  7.14  powers and duties of public office and change of the seat of 
  7.15  government. 
  7.16     article VIII, section 1, will read: 
  7.17     Section 1.  The house of representatives legislature has 
  7.18  the sole power of impeachment through a concurrence of a 
  7.19  majority of all its members.  All impeachments shall be tried by 
  7.20  the senate legislature.  When sitting for that purpose, senators 
  7.21  members shall be upon oath or affirmation to do justice 
  7.22  according to law and evidence.  No person shall be convicted 
  7.23  without the concurrence of two-thirds of the senators members 
  7.24  present. 
  7.25     article IX, section 1, will read: 
  7.26     Section 1.  A majority of the members elected to each house 
  7.27  of the legislature may propose amendments to this constitution.  
  7.28  Proposed amendments shall be published with the laws passed at 
  7.29  the same session and submitted to the people for their approval 
  7.30  or rejection at a general election.  If a majority of all the 
  7.31  electors voting at the election vote to ratify an amendment, it 
  7.32  becomes a part of this constitution.  If two or more amendments 
  7.33  are submitted at the same time, voters shall vote for or against 
  7.34  each separately. 
  7.35     article IX, section 2, will read: 
  7.36     Sec. 2.  Two-thirds of the members elected to each house of 
  8.1   the legislature may submit to the electors at the next general 
  8.2   election the question of calling a convention to revise this 
  8.3   constitution.  If a majority of all the electors voting at the 
  8.4   election vote for a convention, the legislature at its next 
  8.5   session, shall provide by law for calling the convention.  The 
  8.6   convention shall consist of as many delegates as there are 
  8.7   members of the house of representatives.  Delegates shall be 
  8.8   chosen in the same manner as members of the house of 
  8.9   representatives legislature and shall meet within three months 
  8.10  after their election.  Section 5 of Article IV of the 
  8.11  constitution does not apply to election to the convention. 
  8.12     article XI, section 5, will read: 
  8.13     Sec. 5.  Public debt may be contracted and works of 
  8.14  internal improvements carried on for the following purposes: 
  8.15     (a) to acquire and to better public land and buildings and 
  8.16  other public improvements of a capital nature and to provide 
  8.17  money to be appropriated or loaned to any agency or political 
  8.18  subdivision of the state for such purposes if the law 
  8.19  authorizing the debt is adopted by the vote of at least 
  8.20  three-fifths of the members of each house of the legislature; 
  8.21     (b) to repel invasion or suppress insurrection; 
  8.22     (c) to borrow temporarily as authorized in section 6; 
  8.23     (d) to refund outstanding bonds of the state or any of its 
  8.24  agencies whether or not the full faith and credit of the state 
  8.25  has been pledged for the payment of the bonds; 
  8.26     (e) to establish and maintain highways subject to the 
  8.27  limitations of article XIV; 
  8.28     (f) to promote forestation and prevent and abate forest 
  8.29  fires, including the compulsory clearing and improving of wild 
  8.30  lands whether public or private; 
  8.31     (g) to construct, improve and operate airports and other 
  8.32  air navigation facilities; 
  8.33     (h) to develop the state's agricultural resources by 
  8.34  extending credit on real estate security in the manner and on 
  8.35  the terms and conditions prescribed by law; 
  8.36     (i) to improve and rehabilitate railroad rights-of-way and 
  9.1   other rail facilities whether public or private, provided that 
  9.2   bonds issued and unpaid shall not at any time exceed 
  9.3   $200,000,000 par value; and 
  9.4      (j) as otherwise authorized in this constitution. 
  9.5      As authorized by law political subdivisions may engage in 
  9.6   the works permitted by (f), (g), and (i) and contract debt 
  9.7   therefor. 
  9.8      Sec. 2.  [BALLOT PROPOSITION; SCHEDULE.] 
  9.9      The proposed amendment shall be submitted to the people at 
  9.10  the 2002 general election.  If the amendment is adopted, it 
  9.11  shall apply to legislators whose terms begin in 2007 and 
  9.12  thereafter.  The question submitted shall be: 
  9.13     "Shall the Minnesota Constitution be amended to provide 
  9.14  that the Minnesota House of Representatives and Senate be 
  9.15  replaced by a single legislative body, beginning in 2007? 
  9.16                                     Yes .......
  9.17                                     No ........"
  9.18     Sec. 3.  Minnesota Statutes 2000, section 2.021, is amended 
  9.19  to read: 
  9.20     2.021 [NUMBER OF MEMBERS.] 
  9.21     For each legislature, until a new apportionment shall have 
  9.22  been made, The senate legislature is composed of 67 134 
  9.23  members and the house of representatives is composed of 134 
  9.24  members. 
  9.25     Sec. 4.  Minnesota Statutes 2000, section 2.031, 
  9.26  subdivision 1, is amended to read: 
  9.27     Subdivision 1.  [LEGISLATIVE DISTRICTS.] The 
  9.28  representatives representation in the senate and house of 
  9.29  representatives are legislature is apportioned throughout the 
  9.30  state in 67 senate 134 districts and 134 house districts.  
  9.31  Each senate district is entitled to elect one senator and each 
  9.32  house district is entitled to elect one representative member. 
  9.33     Sec. 5.  [NOTICE.] 
  9.34     In addition to the requirements of Minnesota Statutes, 
  9.35  section 3.21, the secretary of state, in consultation with the 
  9.36  attorney general, shall prepare a voter guide that summarizes 
 10.1   impartially the issues presented to the voters by the 
 10.2   constitutional amendment proposed by section 1 and the arguments 
 10.3   commonly advanced in support of and opposition to bicameral and 
 10.4   unicameral state legislatures.  Beginning at least three months 
 10.5   before the election, the secretary of state shall publish notice 
 10.6   of the availability of the guide in qualified newspapers of 
 10.7   general circulation in the state and of general circulation in 
 10.8   the various geographic regions of the state.  The secretary of 
 10.9   state shall make the guide available on the Internet, shall mail 
 10.10  a free copy of the guide to anyone on request, and shall 
 10.11  distribute free copies of the guide to all educational 
 10.12  institutions, local government offices, and public libraries 
 10.13  throughout the state in volumes sufficient to supply a free copy 
 10.14  to anyone wishing one.  In October, before the election, the 
 10.15  secretary of state shall publish the guide once in qualified 
 10.16  newspapers of general circulation in the state. 
 10.17     Sec. 6.  [EFFECTIVE DATE.] 
 10.18     If the amendment proposed by section 1 is adopted, sections 
 10.19  3 and 4 shall be effective for legislators whose terms begin in 
 10.20  2007 and thereafter. 
 10.21                             ARTICLE 2 
 10.22                     INITIATIVE AND REFERENDUM  
 10.23     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
 10.24     An amendment to the Minnesota Constitution, adding a 
 10.25  section to article IV, is proposed to the people.  If the 
 10.26  amendment is adopted the section will read as follows: 
 10.27     Sec. 27.  The enactment of a law may be initiated by the 
 10.28  petition of registered voters.  A referendum of the people to 
 10.29  repeal existing law may be proposed by petition of registered 
 10.30  voters. 
 10.31     An initiative of the people that proposes a law shall be 
 10.32  placed on the ballot at the state general election if petitions 
 10.33  for it are signed by registered voters in each of three-quarters 
 10.34  of the congressional districts of the state, and of the state as 
 10.35  a whole, in a number equal to or greater than five percent of 
 10.36  the number of persons who voted for governor at the last 
 11.1   election of a governor in each of such districts respectively 
 11.2   and in the state as a whole. 
 11.3      A referendum of the people whose purpose is only to repeal 
 11.4   existing law shall be placed on the ballot at the state general 
 11.5   election if petitions for it are signed by registered voters in 
 11.6   each of three-quarters of the congressional districts of the 
 11.7   state, and of the state as a whole, in a number not less than 
 11.8   five percent of the number of persons who voted for governor at 
 11.9   the last election of a governor.  If the law whose repeal is 
 11.10  proposed has not gone into effect at the time that completed 
 11.11  petitions are filed, the law shall remain suspended until the 
 11.12  question is voted on. 
 11.13     An initiated law or the repeal of a law by referendum of 
 11.14  the people shall be enacted 30 days after the affirmative vote 
 11.15  of a majority of those voting on the question.  An initiated law 
 11.16  may not be amended or repealed nor may a law repealed by 
 11.17  referendum be enacted again, either under this section or by 
 11.18  enactment by the legislature, before the next state general 
 11.19  election after the vote on the initiated or referred law.  The 
 11.20  governor may not veto an initiated law or a referendum of the 
 11.21  people.  If a law that is similar to a pending initiated law is 
 11.22  enacted by the legislature, the sponsor of the initiative may 
 11.23  abandon it.  The similar law may provide that, if the sponsor of 
 11.24  the initiative declines to abandon it, the similar law will also 
 11.25  be placed on the ballot to be voted on like the initiated law.  
 11.26  If both receive the affirmative vote of a majority, only that 
 11.27  which has the greater vote shall take effect. 
 11.28     An amendment to the constitution may be initiated by a 
 11.29  petition signed by registered voters in each of three-quarters 
 11.30  of the congressional districts of the state, and of the state as 
 11.31  a whole, in a number not less than eight percent of the number 
 11.32  of persons who voted for governor at the last election of a 
 11.33  governor in each of such districts respectively and in the state 
 11.34  as a whole.  The amendment shall be placed on the ballot at the 
 11.35  state general election and becomes part of this constitution 30 
 11.36  days after the affirmative vote of a majority of those voting at 
 12.1   the election. 
 12.2      The legislature may, by a law enacted under the other 
 12.3   provisions of article IV, refer a law to a vote of the people.  
 12.4   No more than three laws may be referred by the legislature to a 
 12.5   vote of the people at the same state general election.  A law 
 12.6   referred by the legislature shall be enacted 30 days after the 
 12.7   affirmative vote of a majority of those voting on the question.  
 12.8   The governor may not veto a law referred by the legislature. 
 12.9      No proposal for an initiated law, a referendum of the 
 12.10  people to repeal existing law, an amendment to the constitution 
 12.11  initiated by petition, or a law referred by the legislature to a 
 12.12  vote of the people may embrace more than one general subject. 
 12.13     The legislature shall, by law, provide procedures to 
 12.14  facilitate this section. 
 12.15     Sec. 2.  [QUESTION.] 
 12.16     The amendment must be submitted to the people at the 2002 
 12.17  general election.  The question proposed must be: 
 12.18     "Shall the Minnesota Constitution be amended to provide for 
 12.19  initiative and referendum? 
 12.20                                     Yes .......
 12.21                                     No ........"
 12.22     Sec. 3.  [3B.31] [CITATION.] 
 12.23     Sections 3B.31 to 3B.57 may be cited as the "Initiative and 
 12.24  Referendum Implementation Act." 
 12.25     Sec. 4.  [3B.32] [DEFINITIONS.] 
 12.26     Subdivision 1.  [SCOPE.] The definitions in this section 
 12.27  apply to sections 3B.31 to 3B.57. 
 12.28     Subd. 2.  [BALLOT MEASURE.] "Ballot measure" means a law 
 12.29  proposed by an initiative or a referendum of the people. 
 12.30     Ballot measure also includes a law referred by the 
 12.31  legislature for purposes of sections 3B.43, 3B.44, 3B.45, 3B.48, 
 12.32  3B.50, 3B.51, subdivision 1, clause (2), 3B.52, 3B.53, 
 12.33  subdivision 1, clauses (2), (3), and (7), and subdivision 2, 
 12.34  3B.55, 3B.56, and 3B.57. 
 12.35     Subd. 3.  [PETITION DRIVE.] "Petition drive" means the 
 12.36  organized process by which the sponsor and the authorized agents 
 13.1   solicit registered voters to sign ballot measure petitions. 
 13.2      Subd. 4.  [SPONSOR.] "Sponsor" means a political committee 
 13.3   as defined by section 10A.01, subdivision 27, whose major 
 13.4   purpose is to promote or defeat a ballot measure. 
 13.5      Sec. 5.  [3B.33] [PREPARATION FOR PETITIONING.] 
 13.6      Subdivision 1.  [FILING OF DECLARATION.] Before circulating 
 13.7   petitions to have a ballot measure placed on the ballot at the 
 13.8   state general election, the sponsor shall file a declaration 
 13.9   with the secretary of state not earlier than January 1 of an 
 13.10  odd-numbered year. 
 13.11     Subd. 2.  [CONTENTS.] The declaration must: 
 13.12     (1) state the name, mailing address, chair, and treasurer 
 13.13  of the sponsor; 
 13.14     (2) give a description of the intent or purpose of the 
 13.15  ballot measure; 
 13.16     (3) state a short title by which the sponsor wants the 
 13.17  ballot measure to be identified; and 
 13.18     (4) state the name, address, and telephone number of the 
 13.19  person who is designated by the sponsor to work on the final 
 13.20  form and wording of the ballot measure and is authorized to 
 13.21  approve its final form and wording. 
 13.22     Subd. 3.  [CHANGES.] Upon notification by the sponsor, the 
 13.23  secretary of state shall amend information listed in the 
 13.24  declaration. 
 13.25     Subd. 4.  [SAMPLE.] The secretary of state shall provide a 
 13.26  sample declaration form. 
 13.27     Subd. 5.  [FILING FEE.] The sponsor shall pay to the 
 13.28  secretary of state a filing fee of $100. 
 13.29     Sec. 6.  [3B.34] [ADVICE BY REVISOR OF STATUTES.] 
 13.30     Subdivision 1.  [SECRETARY OF STATE'S DUTIES.] The 
 13.31  secretary of state shall immediately forward one copy of each 
 13.32  declaration to the revisor of statutes.  The secretary of state 
 13.33  shall also advise the sponsor to consult with the revisor. 
 13.34     Subd. 2.  [REVISOR'S DUTIES.] The revisor of statutes 
 13.35  shall, within 14 days of the filing of a declaration, prepare a 
 13.36  final draft of a ballot measure.  The intent and purpose may be 
 14.1   amplified or refined by the person authorized by the declaration 
 14.2   to approve the form and wording of the measure.  The revisor 
 14.3   shall advise the sponsor as to the measure's constitutionality, 
 14.4   and the best form of the measure to accomplish the sponsor's 
 14.5   intent and purpose.  However, if the revisor and the sponsor 
 14.6   disagree as to the best form and content of the measure to 
 14.7   accomplish the sponsor's intent and purpose, or disagree as to 
 14.8   constitutionality, the directions of the sponsor must prevail.  
 14.9   All discussions by the revisor with the sponsor must be treated 
 14.10  by the revisor as confidential.  If, after consulting the 
 14.11  revisor, the sponsor does not desire the revisor's assistance, 
 14.12  the chair shall sign a written waiver of assistance.  The waiver 
 14.13  must then be filed with the secretary of state and the revisor, 
 14.14  together with a final draft of the ballot measure prepared by 
 14.15  the sponsor.  Together with the final draft prepared by the 
 14.16  revisor, or within seven days after receiving the waiver and 
 14.17  final draft prepared by the sponsor, the revisor shall furnish 
 14.18  the sponsor and the secretary of state with a summary of the 
 14.19  measure to be proposed to the people. 
 14.20     Subd. 3.  [FORM.] The form of ballot measures must conform 
 14.21  to the form of bills considered by the legislature.  The 
 14.22  enacting clause must be "BE IT ENACTED BY THE PEOPLE OF THE 
 14.23  STATE OF MINNESOTA:"  No ballot measure may embrace more than 
 14.24  one general subject.  The ballot measure may not provide for the 
 14.25  form of the ballot question by which it would be submitted to 
 14.26  the voters. 
 14.27     Within 14 days after receiving the final draft of the 
 14.28  ballot measure and the revisor's summary, the secretary of state 
 14.29  must state the wording of the question to be placed on the 
 14.30  ballot.  The ballot question must be a true and impartial 
 14.31  statement of the intent and purpose of the measure.  It must be 
 14.32  in similar form as a ballot question for a legislative proposal 
 14.33  of a constitutional amendment. 
 14.34     Sec. 7.  [3B.35] [PETITIONS FOR BALLOT MEASURE.] 
 14.35     Subdivision 1.  [CONTENTS.] Each official ballot measure 
 14.36  petition form must be printed on only one side of a sheet of 
 15.1   paper and contain the following: 
 15.2      (1) in not less than 24-point bold type at the top of the 
 15.3   front page, the printed words "OFFICIAL BALLOT MEASURE 
 15.4   PETITION"; 
 15.5      (2) the ballot question prepared by the secretary of state 
 15.6   and the name of the sponsor; 
 15.7      (3) the summary of the ballot measure prepared by the 
 15.8   revisor; 
 15.9      (4) a statement that a verbatim copy of the ballot measure 
 15.10  is available for public examination at the office of the 
 15.11  secretary of state or any county auditor and on the secretary of 
 15.12  state's Web site; 
 15.13     (5) space for registered voters to sign the petition 
 15.14  including space for the signature, printed name, telephone 
 15.15  number, mailing address, county of residence, and an indication 
 15.16  of status as a registered voter; and 
 15.17     (6) a statement that some of the circulators of the 
 15.18  petition may have been paid to circulate it. 
 15.19     Subd. 2.  [SECRETARY OF STATE TO PREPARE.] The secretary of 
 15.20  state shall prepare the official ballot measure petition form as 
 15.21  required by subdivision 1 and shall provide a copy to the 
 15.22  sponsor to duplicate and circulate within 14 days after 
 15.23  receiving the final draft of the ballot measure and the 
 15.24  revisor's summary. 
 15.25     Subd. 3.  [COPY TO COUNTY AUDITOR.] The secretary of state 
 15.26  shall, within seven calendar days after completing the official 
 15.27  ballot measure petition form, send to the county auditor in each 
 15.28  county a verbatim copy of the ballot measure as on file in the 
 15.29  secretary of state's office. 
 15.30     Sec. 8.  [3B.36] [INTERNET SITE.] 
 15.31     Upon preparing ballot measure petition forms under section 
 15.32  3B.35, the secretary of state shall maintain a Web site 
 15.33  containing information about the proposed ballot measure.  
 15.34     Sec. 9.  [3B.37] [TIME AND PLACE OF CIRCULATION OF 
 15.35  PETITIONS; VOLUNTARY ABANDONMENT.] 
 15.36     Subdivision 1.  [CIRCULATION DATES.] Ballot measure 
 16.1   petitions may be circulated upon receipt of the official ballot 
 16.2   measure petition form from the secretary of state.  
 16.3      Subd. 2.  [CIRCULATING PROHIBITED NEAR POLLING PLACE.] 
 16.4   Ballot measure petitions must not be circulated within a polling 
 16.5   place or within 100 feet of the building in which a polling 
 16.6   place is situated, or anywhere on public property on which a 
 16.7   polling place is situated, on primary or election day. 
 16.8      Subd. 3.  [ABANDONMENT OF PETITION DRIVE.] The sponsor may 
 16.9   abandon the petition drive at any time before the petition is 
 16.10  certified by the secretary of state as provided in section 
 16.11  3B.41.  To abandon the drive, a declaration to that effect must 
 16.12  be filed with the secretary of state.  The filing of the 
 16.13  declaration does not prevent another sponsor from beginning a 
 16.14  similar or identical petition drive.  All petitions signed 
 16.15  before the declaration are void upon the filing of the 
 16.16  declaration and may not subsequently be used by a new sponsor. 
 16.17     Subd. 4.  [VOID PETITIONS.] Petitions that are signed but 
 16.18  never filed or that are filed but have a number of signatures 
 16.19  that is later determined to be insufficient are void after the 
 16.20  deadline in section 3B.39, subdivision 4.  The petitions may not 
 16.21  be used for similar or identical petition circulation efforts in 
 16.22  subsequent years. 
 16.23     Sec. 10.  [3B.38] [PETITION FILING DEADLINE.] 
 16.24     The sponsor shall file the signed petitions with the 
 16.25  secretary of state not later than July 1 of an even-numbered 
 16.26  year. 
 16.27     Sec. 11.  [3B.39] [VERIFICATION OF PETITIONS.] 
 16.28     Subdivision 1.  [DEADLINE; METHODS; CHALLENGES.] Within 30 
 16.29  days after a petition is filed under section 3B.38 but not later 
 16.30  than July 31 of an even-numbered year, the secretary of state 
 16.31  shall determine whether a sufficient number of valid signatures 
 16.32  has been obtained.  The secretary of state may verify signatures 
 16.33  by the random sampling method provided in section 3B.40.  County 
 16.34  auditors, at the secretary of state's request, shall assist the 
 16.35  secretary of state in verifying signatures. 
 16.36     Subd. 2.  [VALIDITY.] A signature is valid if: 
 17.1      (1) it is voluntarily signed by the person named; 
 17.2      (2) the signatory is a registered voter; and 
 17.3      (3) the signature is identifiable. 
 17.4      Subd. 3.  [PROTEST; CONTEST.] Any eligible voter may 
 17.5   challenge the number or validity of signatures on the petition. 
 17.6   The secretary of state shall determine the contest of the number 
 17.7   or validity of signatures by an eligible voter.  An eligible 
 17.8   voter contesting the sufficiency or validity of signatures shall 
 17.9   file a protest within the time provided in subdivision 1 for the 
 17.10  secretary of state to verify the petitions or within seven days 
 17.11  of the determination of the secretary of state under subdivision 
 17.12  1, whichever occurs earlier.  The protest must include a brief 
 17.13  statement of the evidence of insufficiency or invalidity.  If an 
 17.14  eligible voter contests the sufficiency or validity of 
 17.15  signatures in bad faith, the voter may be assessed costs of the 
 17.16  contest up to a maximum of $2,000.  The secretary of state shall 
 17.17  hear evidence and determine contests within 14 days after the 
 17.18  protest is filed. 
 17.19     Subd. 4.  [INSUFFICIENT SIGNATURES.] If the secretary of 
 17.20  state determines that the number of valid signatures is fewer 
 17.21  than the number required, the secretary shall so notify the 
 17.22  sponsor, and petitions for additional signatures may be 
 17.23  circulated for an additional period of 14 days in the case of a 
 17.24  determination of an actual or estimated number deficiency, 
 17.25  commencing from the date of notification.  The secretary shall 
 17.26  verify a random sample of the additional signatures within ten 
 17.27  days of receiving them.  If the verification from the random 
 17.28  sample of the additional signatures does not show that the total 
 17.29  number of valid signatures on the additional petitions is 100 
 17.30  percent or more of the deficiency, the secretary shall notify 
 17.31  the sponsor.  No further action shall then be taken on the 
 17.32  petitions, and the petitions may not be used for similar or 
 17.33  identical petition circulation efforts in subsequent years. 
 17.34     Sec. 12.  [3B.40] [DETERMINATION OF SUFFICIENT VALID 
 17.35  SIGNATURES.] 
 17.36     Subdivision 1.  [RANDOM SAMPLING METHOD OF SIGNATURE 
 18.1   VERIFICATION.] A sample of signatures to be verified must be 
 18.2   drawn in such a manner that every signature filed with the 
 18.3   secretary of state is given an equal opportunity to be included 
 18.4   in the sample.  The sample must include five percent of the 
 18.5   signatures.  The number of valid signatures must be determined 
 18.6   by taking the total number of signatures filed and multiplying 
 18.7   it by the percentage of signatures in the statistical sample 
 18.8   which were found to be valid.  In calculating the number of 
 18.9   valid signatures, any fractions must be rounded up to one.  
 18.10     Subd. 2.  [SUFFICIENT VALID SIGNATURES.] If the 
 18.11  verification from the statistical sample shows that the total 
 18.12  number of valid signatures on all the petitions is 100 percent 
 18.13  or more of the minimum number of signatures needed to declare 
 18.14  the number of petition signatures to be sufficient, the 
 18.15  secretary of state shall certify the sufficiency of the 
 18.16  petitions under section 3B.41. 
 18.17     Subd. 3.  [INSUFFICIENT VALID SIGNATURES.] If the 
 18.18  verification from the statistical sample shows that the number 
 18.19  of valid signatures is less than 100 percent of the minimum 
 18.20  number of signatures needed to declare the number of petition 
 18.21  signatures to be sufficient, the secretary of state shall 
 18.22  determine that the number of petition signatures is 
 18.23  insufficient.  The secretary shall give the sponsor written 
 18.24  notice of what percentage of the signatures is valid. 
 18.25     Sec. 13.  [3B.41] [CERTIFICATION BY SECRETARY OF STATE.] 
 18.26     If the number of petition signatures meets the minimum 
 18.27  number required, the secretary of state shall promptly certify 
 18.28  the sufficiency of the petitions to the sponsor and all county 
 18.29  auditors.  The question of adoption or repeal of the law 
 18.30  proposed by a ballot measure proposed by the petition must then 
 18.31  be placed on the ballot for the state general election. 
 18.32     Sec. 14.  [3B.42] [PLACEMENT OF LAW ON BALLOT.] 
 18.33     If a petition has been certified so that a ballot measure 
 18.34  will appear on the ballot at the next state general election and 
 18.35  the legislature enacts a law with a scope and purpose similar to 
 18.36  that of the ballot measure during its regular session in that 
 19.1   state general election year, the legislature may place that law 
 19.2   on the ballot as well. 
 19.3      Sec. 15.  [3B.43] [NUMBERING OF BALLOT MEASURES.] 
 19.4      The secretary of state shall number in consecutive order 
 19.5   each initiative or referendum ballot measure with the wording 
 19.6   "INITIATIVE NUMBER ...." or "REFERENDUM NUMBER ...."  After the 
 19.7   effective date of this section, initiatives and referenda must 
 19.8   be numbered starting with the number one.  In subsequent years, 
 19.9   ballot measures must be numbered beginning with the first number 
 19.10  after the number of the last initiative or referendum at the 
 19.11  last state general election.  Their order on the ballot must be 
 19.12  assigned by the secretary of state. 
 19.13     Sec. 16.  [3B.44] [BALLOTS, VOTING, AND CANVASSING.] 
 19.14     For all ballot measures, the ballots must be prepared, 
 19.15  voting conducted, results canvassed, contests conducted, and 
 19.16  results certified as provided by chapters 200 to 211B. 
 19.17     Sec. 17.  [3B.45] [TIME OF VOTING.] 
 19.18     Ballot measures must be placed on the ballot only at a 
 19.19  state general election. 
 19.20     Sec. 18.  [3B.46] [SIMULTANEOUS PETITIONS FOR BALLOT 
 19.21  MEASURES.] 
 19.22     Nothing prevents multiple simultaneous petition drives 
 19.23  involving identical ballot measures by the same or a different 
 19.24  sponsor.  However, certification by the secretary of state of 
 19.25  the sufficiency of the signatures for one such measure 
 19.26  constitutes abandonment of the identical petition drives as of 
 19.27  the date of the secretary's certification. 
 19.28     Sec. 19.  [3B.47] [RESOLUTION OF CONFLICTS BETWEEN 
 19.29  MEASURES.] 
 19.30     Subdivision 1.  [CONFLICTING PETITIONS.] Nothing prevents 
 19.31  petitioning for measures which are apparently in substantial 
 19.32  conflict. 
 19.33     Subd. 2.  [NUMBER OF AFFIRMATIVE VOTES.] If two ballot 
 19.34  measures which substantially conflict are adopted by a vote of 
 19.35  the people, the one receiving the larger number of affirmative 
 19.36  votes is effective.  If it is finally determined that the 
 20.1   measures received an equal number of affirmative votes, neither 
 20.2   becomes effective, but they must again be placed on the ballot 
 20.3   at the next state general election.  Two or more measures 
 20.4   substantially conflict when any material provision in one 
 20.5   measure is irreconcilable with a material provision in another 
 20.6   measure.  The secretary of state shall determine whether two or 
 20.7   more measures substantially conflict. 
 20.8      Sec. 20.  [3B.48] [PUBLICATION.] 
 20.9      Ballot measures adopted by the people must be published by 
 20.10  the revisor of statutes in Laws of Minnesota and codified in the 
 20.11  same way as other laws. 
 20.12     Sec. 21.  [3B.49] [ORGANIZING GUIDE.] 
 20.13     The secretary of state shall prepare a comprehensive guide 
 20.14  to be made available to persons wishing to conduct an initiative 
 20.15  or referendum campaign. 
 20.16     Sec. 22.  [3B.50] [LITERATURE MUST INCLUDE NAMES.] 
 20.17     (a) Any person or committee who causes to be published, 
 20.18  issued, posted, or circulated, other than in a newspaper as 
 20.19  provided in section 3B.53, any literature, campaign material, or 
 20.20  publication, including cards, pamphlets, flyers, signs, banners, 
 20.21  leaflets, announcements, or other material tending to influence 
 20.22  persons to sign or refuse to sign a ballot measure petition or 
 20.23  to influence the voting at an election on a ballot measure, that 
 20.24  fails to prominently display the name and mailing address of the 
 20.25  person or committee causing the material to be published, 
 20.26  issued, posted, circulated, or broadcast, is guilty of a 
 20.27  misdemeanor.  
 20.28     (b) This section does not apply to an individual who acts 
 20.29  independently of an association, political committee, political 
 20.30  fund, or sponsor of a ballot measure and spends only from the 
 20.31  individual's own resources a sum that is less than $300 in the 
 20.32  aggregate to produce or distribute material described in this 
 20.33  section at least 14 days before the election at which the 
 20.34  proposed ballot measure would be voted on. 
 20.35     Sec. 23.  [3B.51] [PAID ADVERTISEMENTS IN NEWS.] 
 20.36     Subdivision 1.  [REQUIRED DISCLAIMER.] No publisher of a 
 21.1   newspaper, periodical, or magazine shall insert in that 
 21.2   newspaper, periodical, or magazine, and no radio or television 
 21.3   station shall broadcast, any matter paid or to be paid for which 
 21.4   tends or is intended to influence directly or indirectly: 
 21.5      (1) persons to sign or refuse to sign a ballot measure 
 21.6   petition; or 
 21.7      (2) voting at an election on a ballot issue unless it is 
 21.8   prominently indicated that it is a paid advertisement. 
 21.9      Subd. 2.  [CHARGES ALLOWED.] To the extent that any person 
 21.10  sells either advertising space or broadcast time used on behalf 
 21.11  of any measure, the charges made must not exceed the charges 
 21.12  made for any other comparable purpose or use according to the 
 21.13  seller's rate schedule. 
 21.14     Sec. 24.  [3B.52] [CAMPAIGN FINANCE AND PUBLIC DISCLOSURE 
 21.15  BOARD.] 
 21.16     The following are political committees for purposes of 
 21.17  chapter 10A: 
 21.18     (1) the sponsor of a ballot measure; and 
 21.19     (2) an association whose major purpose is to promote or 
 21.20  defeat a ballot measure. 
 21.21     Sec. 25.  [3B.53] [PROHIBITIONS.] 
 21.22     Subdivision 1.  [ACTS PROHIBITED.] No person may: 
 21.23     (1) be paid compensation for signing a ballot measure 
 21.24  petition; 
 21.25     (2) publish any literature, campaign material, or 
 21.26  publication including cards, pamphlets, flyers, signs, banners, 
 21.27  leaflets, announcements, or other material or any radio or 
 21.28  television broadcast regarding a ballot measure that does not 
 21.29  bear the identification required by law; 
 21.30     (3) publish in any newspaper, periodical, or magazine any 
 21.31  paid advertising matter relating to a ballot measure that does 
 21.32  not contain the identification required by law; 
 21.33     (4) file a petition for a ballot measure with the secretary 
 21.34  of state without the written authorization of the sponsor; 
 21.35     (5) induce a person to sign a petition by fraud, force, or 
 21.36  the threat of force; 
 22.1      (6) pay compensation for signing a ballot measure petition; 
 22.2      (7) publish or broadcast any information regarding a ballot 
 22.3   measure with knowledge that it is false and which tends to 
 22.4   substantially affect adoption or rejection of the measure when 
 22.5   the publication or broadcast is undertaken primarily for the 
 22.6   purpose of influencing adoption or rejection; 
 22.7      (8) sign a petition with a name other than the person's own 
 22.8   name; or 
 22.9      (9) intentionally sign the same petition more than once. 
 22.10     Subd. 2.  [PENALTY.] Any person violating any provision of 
 22.11  subdivision 1, clauses (1) to (4), is guilty of a misdemeanor.  
 22.12  Any person violating any provision of subdivision 1, clauses (5) 
 22.13  to (9), is guilty of a gross misdemeanor. 
 22.14     Sec. 26.  [3B.54] [ACTION BY AND NOTIFICATIONS TO 
 22.15  SPONSORS.] 
 22.16     Subdivision 1.  [AUTHORIZED FILERS.] Only the sponsor, or 
 22.17  those authorized by the sponsor in writing, may file any 
 22.18  required document or statement regarding ballot measure 
 22.19  petitions, measures, or campaigns including election contests or 
 22.20  petition signature count or validity contests. 
 22.21     Subd. 2.  [SUFFICIENCY OF AUTHORIZATION.] The signature of 
 22.22  the chair or a person authorized in writing by the chair is 
 22.23  sufficient to authorize the filing of any statement or document 
 22.24  required by law.  If the chair authorizes another person to file 
 22.25  any statement or document, a copy of the authorization must be 
 22.26  attached to the filed statement or document. 
 22.27     Subd. 3.  [RECIPIENTS OF NOTICE.] A notice required to be 
 22.28  given to the sponsor must be given to those persons in 
 22.29  subdivision 2 who may authorize any filing. 
 22.30     Sec. 27.  [3B.55] [JUDICIAL REVIEW.] 
 22.31     Subdivision 1.  [JURISDICTION.] The district court has 
 22.32  original jurisdiction of any suit involving: 
 22.33     (1) the sufficiency of the number or the validity of 
 22.34  signatures on petitions after the administrative determinations 
 22.35  by the secretary of state have been exhausted; 
 22.36     (2) resolution of conflicts between ballot measures as 
 23.1   provided by section 3B.49; or 
 23.2      (3) any suit alleging the unconstitutionality of an adopted 
 23.3   ballot measure. 
 23.4      Subd. 2.  [VENUE.] Venue for all suits and criminal 
 23.5   prosecutions involving ballot measures is in the district court 
 23.6   in Ramsey county. 
 23.7      Sec. 28.  [3B.56] [COPIES.] 
 23.8      The secretary of state shall provide the election officials 
 23.9   in each county with copies of each measure proposed by 
 23.10  initiative or referendum which must be made available to the 
 23.11  public. 
 23.12     Sec. 29.  [3B.57] [INTERNET VOTER GUIDE.] 
 23.13     Not later than 60 days before a state general election at 
 23.14  which a ballot measure will be voted on, the secretary of state 
 23.15  must publish on the secretary of state's official Web site an 
 23.16  electronic voter guide to each ballot measure.  The voter guide 
 23.17  must contain: 
 23.18     (1) the text and the ballot question for each ballot 
 23.19  measure certified under section 3.41 or referred by the 
 23.20  legislature under the Minnesota Constitution, article IV, 
 23.21  section 27; and 
 23.22     (2) the mailing address for the sponsor of each ballot 
 23.23  measure. 
 23.24  Upon the written request of a sponsor or of the chair of a 
 23.25  political committee registered under chapter 10A whose major 
 23.26  purpose is to promote or defeat a ballot measure that will be 
 23.27  voted on at the state general election, the voter guide also 
 23.28  must include links to Web sites maintained by the sponsor or by 
 23.29  such political committee. 
 23.30     Sec. 30.  Minnesota Statutes 2000, section 204C.33, 
 23.31  subdivision 1, is amended to read: 
 23.32     Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
 23.33  board shall meet at the county auditor's office on or before the 
 23.34  seventh day following the state general election.  After taking 
 23.35  the oath of office, the board shall promptly and publicly 
 23.36  canvass the general election returns delivered to the county 
 24.1   auditor.  Upon completion of the canvass, the board shall 
 24.2   promptly prepare and file with the county auditor a report which 
 24.3   states:  
 24.4      (a) (1) the number of individuals voting at the election in 
 24.5   the county and in each precinct; 
 24.6      (b) (2) the number of individuals registering to vote on 
 24.7   election day and the number of individuals registered before 
 24.8   election day in each precinct; 
 24.9      (c) (3) the names of the candidates for each office and the 
 24.10  number of votes received by each candidate in the county and in 
 24.11  each precinct; 
 24.12     (d) (4) the number of votes counted for and against a 
 24.13  proposed change of county lines or county seat; and 
 24.14     (e) (5) the number of votes counted for and against a 
 24.15  constitutional amendment or other question in the county and in 
 24.16  each precinct; and 
 24.17     (6) the number of votes counted for and against each 
 24.18  initiative and referendum. 
 24.19     The result of write-in votes cast on the general election 
 24.20  ballots must be compiled by the county auditor before the county 
 24.21  canvass, except that write-in votes for a candidate for state or 
 24.22  federal office must not be counted unless the candidate has 
 24.23  timely filed a request under section 204B.09, subdivision 3.  
 24.24  The county auditor shall arrange for each municipality to 
 24.25  provide an adequate number of election judges to perform this 
 24.26  duty or the county auditor may appoint additional election 
 24.27  judges for this purpose.  The county auditor may open the 
 24.28  envelopes or containers in which the voted ballots have been 
 24.29  sealed in order to count and record the write-in votes and must 
 24.30  reseal the voted ballots at the conclusion of this process. 
 24.31     Upon completion of the canvass, the county canvassing board 
 24.32  shall declare the candidate duly elected who received the 
 24.33  highest number of votes for each county and state office voted 
 24.34  for only within the county.  The county auditor shall transmit 
 24.35  one of the certified copies of the county canvassing board 
 24.36  report for state and federal offices to the secretary of state 
 25.1   by express mail or similar service immediately upon conclusion 
 25.2   of the county canvass. 
 25.3      Sec. 31.  Minnesota Statutes 2000, section 204C.33, 
 25.4   subdivision 3, is amended to read: 
 25.5      Subd. 3.  [STATE CANVASS.] The state canvassing board shall 
 25.6   meet at the secretary of state's office on the second Tuesday 
 25.7   following the state general election to canvass the certified 
 25.8   copies of the county canvassing board reports received from the 
 25.9   county auditors and shall prepare a report that states: 
 25.10     (a) (1) the number of individuals voting in the state and 
 25.11  in each county; 
 25.12     (b) (2) the number of votes received by each of the 
 25.13  candidates, specifying the counties in which they were cast; and 
 25.14     (c) (3) the number of votes counted for and against each 
 25.15  constitutional amendment, specifying the counties in which they 
 25.16  were cast; and 
 25.17     (4) the number of votes counted for and against each 
 25.18  initiative and referendum. 
 25.19     All members of the state canvassing board shall sign the 
 25.20  report and certify its correctness.  The state canvassing board 
 25.21  shall declare the result within three days after completing the 
 25.22  canvass.  
 25.23     Sec. 32.  Minnesota Statutes 2000, section 204D.11, is 
 25.24  amended by adding a subdivision to read: 
 25.25     Subd. 3a.  [INITIATIVE AND REFERENDUM BALLOT.] All 
 25.26  initiative or referendum ballot questions must be on the pink 
 25.27  ballot.  The order of the questions must be the order assigned 
 25.28  under section 3B.44. 
 25.29     Sec. 33.  [EFFECTIVE DATE.] 
 25.30     Sections 3 to 32 take effect the day after approval by the 
 25.31  people of the constitutional amendment proposed by section 1.