3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to elections; clarifying provisions and 1.3 conforming procedures under the Minnesota election law 1.4 and related provisions; amending Minnesota Statutes 1.5 1998, sections 103C.305, subdivision 6; 103C.315, 1.6 subdivision 2; 123B.09, subdivision 1; 201.061, 1.7 subdivision 4; 203B.06, subdivision 6; 204B.09, 1.8 subdivisions 1a, 2, and by adding a subdivision; 1.9 204B.12, subdivision 1; 204B.14, subdivisions 2, 5, 1.10 and 6; 204B.16, subdivision 1; 204B.18, subdivision 1; 1.11 204B.19, subdivision 6; 204B.40; 204C.32, subdivision 1.12 1; 204C.33, subdivision 1; 204C.37; 204D.13, 1.13 subdivision 1; 204D.25, subdivision 1; 204D.27, 1.14 subdivision 8; 205.13, subdivision 6, and by adding a 1.15 subdivision; 205.17, subdivision 1; 205A.06, 1.16 subdivision 5, and by adding a subdivision; 206.90, 1.17 subdivision 6; and 447.32, subdivision 1; Minnesota 1.18 Statutes 1999 Supplement, sections 10A.31, subdivision 1.19 3a; 203B.04, subdivision 1; 203B.085; 367.03, 1.20 subdivision 4; and 447.32, subdivision 4; repealing 1.21 Minnesota Statutes 1998, section 204B.45, subdivision 1.22 1a. 1.23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24 Section 1. Minnesota Statutes 1999 Supplement, section 1.25 10A.31, subdivision 3a, is amended to read: 1.26 Subd. 3a. [QUALIFICATION OF POLITICAL PARTIES.] (a) A 1.27 major political party qualifies for inclusion on the income tax 1.28 form and property tax refund return as provided in subdivision 3 1.29 if it qualifies as a major political party by July 1 of the 1.30 taxable year. 1.31 (b) A minor political party qualifies for inclusion on the 1.32 income tax form and property tax refund return as provided in 1.33 subdivision 3 if the secretary of state certifies to the 1.34 commissioner of revenue by July 1 of the taxable year that the 2.1 party satisfies the following conditions: 2.2 (1) in the last general election, the party ran a candidate 2.3 for the office of governor and lieutenant governor, secretary of 2.4 state, state auditor, or attorney general, who received votes in 2.5 each county that in the aggregate total at least one percent of 2.6 the total number of individuals who voted in the election; 2.7 (2) it is a political party, not a principal campaign 2.8 committee; and 2.9 (3) it has held a state convention in the last two years 2.10 and an officer of the party has filed with the secretary of 2.11 state a certification to that effect. 2.12 The secretary of state shall notify each minor political 2.13 party by the first Monday in January of each odd-numbered year 2.14 of the conditions necessary for the party to participate in 2.15 income tax form and property tax refund return programs. 2.16 Sec. 2. Minnesota Statutes 1998, section 103C.305, 2.17 subdivision 6, is amended to read: 2.18 Subd. 6. [VACANCY.] (a) If a vacancy occurs in the office 2.19 of an elected supervisor more than 56 days before the next state 2.20 primary, the district board shall fill the vacancy by 2.21 appointment. The supervisor appointed shall hold office until 2.22
December 31the first Monday in January following the next 2.23 general election. A successor shall be elected at the general 2.24 election following the appointment and hold office for the 2.25 remainder of the term or for the next regular term, whichever is 2.26 appropriate. 2.27 (b) If a vacancy occurs less than 56 days before the next 2.28 state primary, the district board shall fill the vacancy by 2.29 appointment. The appointed supervisor shall hold office until 2.30 the expiration of the term or until December 31the first Monday 2.31 in January following the second succeeding general election, 2.32 whichever is shorter. A successor shall be elected at the 2.33 general election preceding expiration of the appointed term and 2.34 hold office for the remainder of the term or for the next 2.35 regular term, whichever is appropriate. 2.36 (c) All terms under this subdivision continue until a 3.1 successor has been elected and has qualified. 3.2 Sec. 3. Minnesota Statutes 1998, section 103C.315, 3.3 subdivision 2, is amended to read: 3.4 Subd. 2. [TERMS.] The two supervisors appointed by the 3.5 state board upon the establishment of a district shallserve 3.6 terms ending on December 31the first Monday in January 3.7 following the next general election after their appointment. 3.8 Their successors shall be elected for terms of four years .3.9 A supervisor shall hold officecommencing on the first 3.10 Monday in January and until a successor is elected or appointed 3.11 and has qualified. Vacancies in the office of supervisor 3.12 appointed by the state board shall be filled by the state board. 3.13 Sec. 4. Minnesota Statutes 1998, section 123B.09, 3.14 subdivision 1, is amended to read: 3.15 Subdivision 1. [SCHOOL BOARD MEMBERSHIP.] The care, 3.16 management, and control of independent districts is vested in a 3.17 board of directors, to be known as the school board. The term 3.18 of office of a member shall be four years commencing on the 3.19 first Monday in January and until a successor qualifies. The 3.20 membership of the board shall consist of six elected directors 3.21 together with such ex officio member as may be provided by law. 3.22 The board may submit to the electors at any school election the 3.23 question whether the board shall consist of seven members. If a 3.24 majority of those voting on the proposition favor a seven-member 3.25 board, a seventh member shall be elected at the next election of 3.26 directors for a four-year term and thereafter the board shall 3.27 consist of seven members. 3.28 Those districts with a seven-member board may submit to the 3.29 electors at any school election at least 150 days before the 3.30 next election of three members of the board the question whether 3.31 the board shall consist of six members. If a majority of those 3.32 voting on the proposition favor a six-member board instead of a 3.33 seven-member board, two members instead of three members shall 3.34 be elected at the next election of the board of directors and 3.35 thereafter the board shall consist of six members. 3.36 Sec. 5. Minnesota Statutes 1998, section 201.061, 4.1 subdivision 4, is amended to read: 4.2 Subd. 4. [REGISTRATION BY ELECTION JUDGES; PROCEDURES.] 4.3 Registration at the polling place on election day shall be 4.4 conducted by the election judges. The election judge who 4.5 registers an individual at the polling place on election day 4.6 shall not handle that voter's ballots at any time prior to the 4.7 opening of the ballot box after the voting ends. Registration 4.8 cards and forms for oaths shall be available at each polling 4.9 place. If an individual who registers on election day proves 4.10 residence by oath of a registered voter, the form containing the 4.11 oath shall be attached to the individual's registration card 4.12 until the individual's address is verified by the county4.13 auditor. Registration cards completed on election day shall be 4.14 forwarded to the county auditor who shall add the name of each 4.15 voter to the registration system unless the information 4.16 forwarded is substantially deficient. A county auditor who 4.17 finds an election day registration substantially deficient shall 4.18 give written notice to the individual whose registration is 4.19 found deficient. An election day registration shall not be 4.20 found deficient solely because the individual who provided proof 4.21 of residence was ineligible to do so. 4.22 Sec. 6. Minnesota Statutes 1999 Supplement, section 4.23 203B.04, subdivision 1, is amended to read: 4.24 Subdivision 1. [APPLICATION PROCEDURES.] Except as 4.25 otherwise allowed by subdivision 2, an application for absentee 4.26 ballots for any election may be submitted at any time not less 4.27 than one day before the day of that election. The county 4.28 auditor shall prepare absentee ballot application forms in the 4.29 format provided in the rules of the secretary of state and shall 4.30 furnish them to any person on request. An application submitted 4.31 pursuant to this subdivision shall be in writing and shall be 4.32 submitted to: 4.33 (a) the county auditor of the county where the applicant 4.34 maintains residence; or 4.35 (b) the municipal clerk of the municipality, or school 4.36 district if applicable, where the applicant maintains residence. 5.1 An application shall be acceptedapproved if it is timely 5.2 received, signed and dated by the applicant, contains the 5.3 applicant's name and residence and mailing addresses, and states 5.4 that the applicant is eligible to vote by absentee ballot for 5.5 one of the reasons specified in section 203B.02. The 5.6 application may contain a request for the voter's date of birth, 5.7 which must not be made available for public inspection. An 5.8 application may be submitted to the county auditor or municipal 5.9 clerk by an electronic facsimile device, at the discretion of 5.10 the auditor or clerk. An application mailed or returned in 5.11 person to the county auditor or municipal clerk on behalf of a 5.12 voter by a person other than the voter must be deposited in the 5.13 mail or returned in person to the county auditor or municipal 5.14 clerk within ten days after it has been dated by the voter and 5.15 no later than six days before the election. The absentee ballot 5.16 applications or a list of persons applying for an absentee 5.17 ballot may not be made available for public inspection until the 5.18 close of voting on election day. 5.19 Sec. 7. Minnesota Statutes 1998, section 203B.06, 5.20 subdivision 6, is amended to read: 5.21 Subd. 6. [REQUESTS FROM ABROAD.] If an application for 5.22 absentee ballots requests delivery of absentee ballots to a 5.23 point outside the continental United States, the absentee 5.24 ballots shallmust be sent by air mail. The transmittal and 5.25 return envelopes shall be marked with the words "OFFICIAL5.26 ELECTION BALLOTING MATERIAL -- VIA AIR MAIL."must contain the 5.27 text or symbol or both prescribed by the United States Postal 5.28 Service for transmitting election mail outside the continental 5.29 United States. Priority in mailing shall be given to all 5.30 ballots sent by air mail. 5.31 Sec. 8. Minnesota Statutes 1999 Supplement, section 5.32 203B.085, is amended to read: 5.33 203B.085 [COUNTY AUDITOR'S OFFICE TO REMAIN OPEN DURING 5.34 CERTAIN HOURS PRECEDING ELECTION.] 5.35 The county auditor's office in each county must be open for 5.36 acceptance of absentee ballot applications and casting of 6.1 absentee ballots from 10:00 a.m. to 3:00 p.m. on Saturday and 6.2 until 5:00 p.m. on Monday immediately preceding a primary, 6.3 special, or general election. Town clerks' offices must be open 6.4 for absentee voting from 10:00 a.m. to 12:00 noon on the 6.5 Saturday before a town general election held in March. The 6.6 school district clerk, when performing the county auditor's 6.7 election duties, need not comply with this section. 6.8 Sec. 9. Minnesota Statutes 1998, section 204B.09, 6.9 subdivision 1a, is amended to read: 6.10 Subd. 1a. [ABSENT CANDIDATES.] A candidate for special 6.11 district, county, state, or federal office who will be absent 6.12 from the state during the filing period may submit a properly 6.13 executed affidavit of candidacy, the appropriate filing fee, and 6.14 any necessary petitions in person to the filing officer. The 6.15 candidate shall state in writing the reason for being unable to 6.16 submit the affidavit during the filing period. The affidavit, 6.17 filing fee, and petitions must be submitted to the filing 6.18 officer during the seven days immediately preceding the 6.19 candidate's absence from the state. Nominating petitions may be 6.20 signed during the 14 days immediately preceding the date when 6.21 the affidavit of candidacy is filed. 6.22 Sec. 10. Minnesota Statutes 1998, section 204B.09, 6.23 subdivision 2, is amended to read: 6.24 Subd. 2. [OTHER ELECTIONS.] Affidavits of candidacy and 6.25 nominating petitions for city, town or other elective offices 6.26 shall be filed during the time and with the official specified 6.27 in chapter 205 or other applicable law or charter, except as 6.28 provided for a special district candidate under subdivision 1a. 6.29 Affidavits of candidacy and applications filed on behalf of 6.30 eligible voters for school board office shall be filed during 6.31 the time and with the official specified in chapter 205A or 6.32 other applicable law. 6.33 Sec. 11. Minnesota Statutes 1998, section 204B.09, is 6.34 amended by adding a subdivision to read: 6.35 Subd. 3. [WRITE-IN CANDIDATES.] A candidate for state or 6.36 federal office who wants write-in votes for the candidate to be 7.1 counted must file a written request with the filing office for 7.2 the office sought no later than the day before the general 7.3 election. The filing officer shall provide copies of the form 7.4 to make the request. 7.5 Sec. 12. Minnesota Statutes 1998, section 204B.12, 7.6 subdivision 1, is amended to read: 7.7 Subdivision 1. [BEFORE PRIMARY.] A candidate may withdraw 7.8 from the primary ballot by filing an affidavit of withdrawal 7.9 with the same official who received the affidavit of candidacy. 7.10 The affidavit shall request that official to withdraw the 7.11 candidate's name from the ballot and shall be filed no later 7.12 than threetwo days after the last day for filing for the office. 7.13 Sec. 13. Minnesota Statutes 1998, section 204B.14, 7.14 subdivision 2, is amended to read: 7.15 Subd. 2. [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) 7.16 The following shall constitute at least one election precinct: 7.17 (1) each city ward; and 7.18 (2) each town and each statutory city. 7.19 (b) A single, accessible, combined polling place may be 7.20 established no later than June 1 of any year: 7.21 (1) for any city of the third or fourth class, any town, or 7.22 any city having territory in more than one county, in which all 7.23 the voters of the city or town shall cast their ballots; 7.24 (2) for two contiguous precincts in the same municipality 7.25 that have a combined total of fewer than 500 registered voters; 7.26 or 7.27 (3) for up to four contiguous municipalities located 7.28 entirely outside the metropolitan area, as defined by section 7.29 473.121, subdivision 2, that are contained in the same 7.30 congressional, legislative, andcounty commissioner district. 7.31 A copy of the ordinance or resolution establishing a 7.32 combined polling place must be filed with the county auditor 7.33 within 30 days after approval by the governing body. A polling 7.34 place combined under clause (3) must be approved by the 7.35 governing body of each participating municipality. A 7.36 municipality withdrawing from participation in a combined 8.1 polling place must do so by filing a resolution of withdrawal 8.2 with the county auditor no later than May 1 of any year. 8.3 The secretary of state shall provide a separate polling 8.4 place roster for each precinct served by the combined polling 8.5 place. A single set of election judges may be appointed to 8.6 serve at a combined polling place. The number of election 8.7 judges required must be based on the total number of persons 8.8 voting at the last similar election in all precincts to be 8.9 voting at the combined polling place. Separate ballot boxes 8.10 must be provided for the ballots from each precinct. The 8.11 results of the election must be reported separately for each 8.12 precinct served by the combined polling place, except in a 8.13 polling place established under clause (2) where one of the 8.14 precincts has fewer than ten registered voters, in which case 8.15 the results of that precinct must be reported in the manner 8.16 specified by the secretary of state. 8.17 Sec. 14. Minnesota Statutes 1998, section 204B.14, 8.18 subdivision 5, is amended to read: 8.19 Subd. 5. [PRECINCT BOUNDARIES; DESCRIPTION; MAPS.] When a 8.20 precinct boundary has been changed, the municipal clerk shall 8.21 immediately notify the secretary of state. Upon receipt of this8.22 notice or a notice of annexation from the Minnesota municipal8.23 board, the secretary of state shall provide the municipal clerk8.24 with a base map on which the clerk shall note the boundary8.25 change.The clerk shall return thefile a corrected base map to8.26 with the secretary of state within 30 days after the boundary 8.27 change was made. Upon request, the secretary of state shall 8.28 provide a base map to the municipal clerk. The secretary of 8.29 state shall update the precinct boundary database, prepare a 8.30 corrected precinct map, and provide the corrected precinct map 8.31 to the county auditor and the municipal clerk who shall make 8.32 them available for public inspection. The county auditor shall 8.33 prepare and file precinct boundary maps for precincts in 8.34 unorganized territories in the same manner as provided for 8.35 precincts in municipalities. For every election held in the 8.36 municipality the election judges shall be furnished precinct 9.1 maps as provided in section 201.061, subdivision 6. If a 9.2 municipality changes the boundary of an election precinct, the 9.3 county auditor shall notify each school district with territory 9.4 affected by the boundary change at least 30 days before the 9.5 effective date of the change. 9.6 Sec. 15. Minnesota Statutes 1998, section 204B.14, 9.7 subdivision 6, is amended to read: 9.8 Subd. 6. [PRECINCT BOUNDARIES TO FOLLOW PHYSICAL 9.9 FEATURES.] (a) Unless a precinct consists entirely of 9.10 unorganized territory or more than one precinct is entirely 9.11 included within one census block, for the first two years 9.12 following a decennial census an election precinct boundary must 9.13 follow a census block line. 9.14 (b) The boundaries of election precincts shallmust follow 9.15 visible, clearly recognizable physical features. If it is not 9.16 possible to establish the boundary between any two adjacent 9.17 precincts along such features, the boundary around the two 9.18 precincts combined shall be established in the manner provided 9.19 in the rules of the secretary of state to comply with the 9.20 provisions of this subdivision. The maps required by 9.21 subdivision 5 shall clearly indicate which boundaries do not 9.22 follow visible, clearly recognizable physical features. 9.23 (c) For the purposes of this subdivision, "visible, clearly 9.24 recognizable physical feature" means a street, road, boulevard, 9.25 parkway, river, stream, shoreline, drainage ditch, railway 9.26 right-of-way, or any other line which is clearly visible from 9.27 the ground. A street or other roadway which has been platted 9.28 but not graded is not a visible, clearly recognizable physical 9.29 feature for the purposes of this subdivision. 9.30 (d) If the secretary of state determines that a precinct 9.31 boundary does not comply with this subdivision, the secretary of 9.32 state shall send a notice to the county auditor or municipal 9.33 clerk specifying the action needed to correct the precinct 9.34 boundary. If, after 60 days, the county or municipal governing 9.35 body has not taken action to correct the precinct boundary, the 9.36 secretary of state shall correct the precinct boundary and 10.1 notify the county auditor or municipal clerk of the action taken. 10.2 (e) If a visible, clearly recognizable physical feature is 10.3 not available for use as a precinct boundary, an alternate 10.4 boundary used by the United States Bureau of the Census may be 10.5 authorized by the secretary of state. 10.6 Sec. 16. Minnesota Statutes 1998, section 204B.16, 10.7 subdivision 1, is amended to read: 10.8 Subdivision 1. [AUTHORITY; LOCATION.] The governing body 10.9 of each municipality and of each county with precincts in 10.10 unorganized territory shall designate by ordinance or resolution 10.11 a polling place for each election precinct. Polling places must 10.12 be designated and ballots must be distributed so that no one is 10.13 required to go to more than one polling place to vote in a 10.14 school district and municipal election held on the same day. 10.15 The polling place for a precinct in a city or in a school 10.16 district located in whole or in part in the metropolitan area 10.17 defined by section 473.121 shall be located within the 10.18 boundaries of the precinct or within 3,000 feet of one of those 10.19 boundaries unless a single polling place is designated for a 10.20 city pursuant to section 204B.14, subdivision 2, or a school 10.21 district pursuant to section 205A.11. The polling place for a 10.22 precinct in unorganized territory may be located outside the 10.23 precinct at a place which is convenient to the voters of the 10.24 precinct. If no suitable place is available within a town or 10.25 within a school district located outside the metropolitan area 10.26 defined by section 473.121, then the polling place for a town or 10.27 school district may be located outside the town or school 10.28 district within five miles of one of the boundaries of the town 10.29 or school district. 10.30 Sec. 17. Minnesota Statutes 1998, section 204B.18, 10.31 subdivision 1, is amended to read: 10.32 Subdivision 1. [BOOTHS.] Each polling place must contain a 10.33 number of voting booths in proportion to the number of 10.34 individuals eligible to vote in the precinct. Each booth must 10.35 be at least six feet high, three feet deep and two feet wide 10.36 with a shelf at least two feet long and one foot wide placed at 11.1 a convenient height for writing. The booth shall be provided 11.2 with a door or curtains. Each accessible polling place must 11.3 have at least one accessible voting booth or other accessible 11.4 voting station. All booths or stations must be constructed so 11.5 that a voter is free from observation while marking ballots. In 11.6 all other polling places every effort must be made to provide at 11.7 least one accessible voting booth or other accessible voting 11.8 station. During the hours of voting, the booths or stations 11.9 must have instructions, a pencil, and other supplies needed to 11.10 mark the ballots. If needed, a chair must be provided for 11.11 elderly and handicapped voters to use while in thevoting 11.12 booth. All ballot boxes, voting booths, voting stations, and 11.13 election judges must be in open public view in the polling place. 11.14 Sec. 18. Minnesota Statutes 1998, section 204B.19, 11.15 subdivision 6, is amended to read: 11.16 Subd. 6. [HIGH SCHOOL STUDENTS.] Notwithstanding any other 11.17 requirements of this section, a student enrolled in a high 11.18 school in Minnesota who has attained the age of 16 is eligible 11.19 to be appointed as a without party affiliation trainee election 11.20 judge in the municipalitycounty in which the student resides. 11.21 The student must meet qualifications for trainee election judges 11.22 specified in rules of the secretary of state. A student 11.23 appointed as a trainee election judge may be excused from school 11.24 attendance during the hours that the student is serving as a 11.25 trainee election judge if the student submits a written request 11.26 signed and approved by the student's parent or guardian to be 11.27 absent from school and a certificate from the appointing 11.28 authority stating the hours during which the student will serve 11.29 as a trainee election judge to the principal of the school at 11.30 least ten days prior to the election. Students shall not serve 11.31 as trainee election judges after 10:00 p.m. Notwithstanding 11.32 section 177.24 to the contrary, trainee election judges may be 11.33 paid not less than two-thirds of the minimum wage for a large 11.34 employer. The principal of the school may approve a request to 11.35 be absent from school conditioned on acceptable academic 11.36 performance and the requirement that the student must have 12.1 completed or be enrolled in a course of study in government at 12.2 the time of service as a trainee election judge. 12.3 Sec. 19. Minnesota Statutes 1998, section 204B.40, is 12.4 amended to read: 12.5 204B.40 [BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; 12.6 DISPOSITION; INSPECTION OF BALLOTS.] 12.7 The county auditors and, municipal clerks, and school 12.8 district clerks shall retain all election materials returned to 12.9 them after any election for at least one year22 months from the 12.10 date of that election. The county auditor may also retain12.11 election materials from school district elections.All election 12.12 materials involved in a contested election shallmust be 12.13 retained for one year22 months or until the contest has been 12.14 finally determined, whichever is later. Abstracts filed by 12.15 canvassing boards shall be retained permanently by any officer 12.16 with whom those abstracts are filed. Election materials no 12.17 longer required to be retained pursuant to this section shall be 12.18 disposed of in accordance with sections 138.163 to 138.21. 12.19 Sealed envelopes containing voted ballots must be retained 12.20 unopened, except as provided in this section, in a secure 12.21 location. The county auditor, municipal clerk, or school 12.22 district clerk shall not permit any voted ballots to be tampered 12.23 with or defaced. 12.24 After the time for filing a notice of contest for an 12.25 election has passed, the secretary of state may open the sealed 12.26 ballot envelopes and inspect the ballots for that election 12.27 maintained by the county auditors, municipal clerks, or school 12.28 district clerks for the purpose of monitoring and evaluating 12.29 election procedures. No inspected ballot may be marked or 12.30 identified in any manner. After inspection, all ballots must be 12.31 returned to the ballot envelope and the ballot envelope must be 12.32 securely resealed. 12.33 Sec. 20. Minnesota Statutes 1998, section 204C.32, 12.34 subdivision 1, is amended to read: 12.35 Subdivision 1. [COUNTY CANVASS.] The county canvassing 12.36 board shall meet at the county auditor's office on or before the 13.1 third day following the state primary. After taking the oath of 13.2 office, the canvassing board shall publicly canvass the election 13.3 returns delivered to the county auditor. The board shall 13.4 complete the canvass no later than the third day following the 13.5 state primary and shall promptly prepare and file with the 13.6 county auditor a report that states: 13.7 (a) The number of individuals voting at the election in the 13.8 county, and in each precinct; 13.9 (b) The number of individuals registering to vote on 13.10 election day and the number of individuals registered before 13.11 election day in each precinct; 13.12 (c) For each major political party, the names of the 13.13 candidates running for each partisan office and the number of 13.14 votes received by each candidate in the county and in each 13.15 precinct; 13.16 (d) The names of the candidates of each major political 13.17 party who are nominated; and 13.18 (e) The number of votes received by each of the candidates 13.19 for nonpartisan office in each precinct in the county and the 13.20 names of the candidates nominated for nonpartisan office. 13.21 Upon completion of the canvass, the county auditor shall 13.22 mail or deliver a notice of nomination to each nominee for 13.23 county office voted for only in that county. The county auditor 13.24 shall transmit one of the certified copies of the county 13.25 canvassing board report for state and federal offices to the 13.26 secretary of state by express mail or similar service 13.27 immediately upon conclusion of the county canvass. The 13.28 secretary of state shall mail a notice of nomination to each 13.29 nominee for state or federal office. 13.30 Sec. 21. Minnesota Statutes 1998, section 204C.33, 13.31 subdivision 1, is amended to read: 13.32 Subdivision 1. [COUNTY CANVASS.] The county canvassing 13.33 board shall meet at the county auditor's office on or before the 13.34 seventh day following the state general election. After taking 13.35 the oath of office, the board shall promptly and publicly 13.36 canvass the general election returns delivered to the county 14.1 auditor. Upon completion of the canvass, the board shall 14.2 promptly prepare and file with the county auditor a report which 14.3 states: 14.4 (a) The number of individuals voting at the election in the 14.5 county and in each precinct; 14.6 (b) The number of individuals registering to vote on 14.7 election day and the number of individuals registered before 14.8 election day in each precinct; 14.9 (c) The names of the candidates for each office and the 14.10 number of votes received by each candidate in the county and in 14.11 each precinct; 14.12 (d) The number of votes counted for and against a proposed 14.13 change of county lines or county seat; and 14.14 (e) The number of votes counted for and against a 14.15 constitutional amendment or other question in the county and in 14.16 each precinct. 14.17 The result of write-in votes cast on the general election 14.18 ballots must be compiled by the county auditor before the county 14.19 canvass, except that write-in votes for a candidate for state or 14.20 federal office must not be counted unless the candidate has 14.21 timely filed a request under section 204B.09, subdivision 3. 14.22 The county auditor shall arrange for each municipality to 14.23 provide an adequate number of election judges to perform this 14.24 duty or the county auditor may appoint additional election 14.25 judges for this purpose. The county auditor may open the 14.26 envelopes or containers in which the voted ballots have been 14.27 sealed in order to count and record the write-in votes and must 14.28 reseal the voted ballots at the conclusion of this process. 14.29 Upon completion of the canvass, the county canvassing board 14.30 shall declare the candidate duly elected who received the 14.31 highest number of votes for each county and state office voted 14.32 for only within the county. The county auditor shall transmit 14.33 one of the certified copies of the county canvassing board 14.34 report for state and federal offices to the secretary of state 14.35 by express mail or similar service immediately upon conclusion 14.36 of the county canvass. 15.1 Sec. 22. Minnesota Statutes 1998, section 204C.37, is 15.2 amended to read: 15.3 204C.37 [COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 15.4 STATE.] 15.5 Two copies of the reports required by sections 204C.32, 15.6 subdivision 1 and 204C.33, subdivision 1 shall be certified 15.7 under the official seal of the county auditor. Each copy shall 15.8 be enclosed in an envelope addressed to the secretary of state, 15.9 with the county auditor's name and official address and the 15.10 words "Election Returns" endorsed on the envelope. The copies15.11 shallcopy of the canvassing board report not sent by express 15.12 mail and the precinct summary statements must be mailed or 15.13 delivered to the secretary of state and, if mailed, shall be15.14 forwarded by different mails. If neither copy is received by 15.15 the secretary of state within ten days following the applicable 15.16 election, the secretary of state shall immediately notify the 15.17 county auditor, who shall deliver another copy to the secretary 15.18 of state by special messenger. 15.19 Sec. 23. Minnesota Statutes 1998, section 204D.13, 15.20 subdivision 1, is amended to read: 15.21 Subdivision 1. [ORDER OF OFFICES.] The candidates for 15.22 partisan offices shall be placed firston the white ballot and15.23 shall appearin the following order: senator in Congress shall 15.24 be first; representative in Congress, second; state senator, 15.25 third; and state representative, fourth. The candidates for 15.26 state offices shall follow in the order specified by the 15.27 secretary of state. Candidates for governor and lieutenant 15.28 governor shall appear so that a single vote may be cast for both 15.29 offices. 15.30 Sec. 24. Minnesota Statutes 1998, section 204D.25, 15.31 subdivision 1, is amended to read: 15.32 Subdivision 1. [FORM.] Except as provided in subdivision 15.33 2, the county auditor shall prepare separate ballots for a 15.34 special primary and special election as required by sections 15.35 204D.17 to 204D.27. The ballots shall be headed "Special 15.36 Primary Ballot" or "Special Election Ballot" as the case may be, 16.1 followed by the date of the special primary or special 16.2 election. Immediately below the title of each office to be 16.3 filled shall be printed the words "To fill vacancy in term 16.4 expiring ..........," with the date of expiration of the term 16.5 and any other information that is necessary to distinguish the 16.6 office from any other office to be voted upon at the same 16.7 election. For a special primary or special election, the 16.8 instructions to voters may use the singular tense when referring 16.9 to candidates and offices when only one office is to be filled 16.10 at the special election. Otherwise the form of the ballots 16.11 shall comply as far as practicable with the laws relating to 16.12 ballots for state primaries and state general elections. The 16.13 county auditor shall post a sample of each ballot in the 16.14 auditor's office as soon as prepared and not later than four 16.15 days before the special primary or special election. 16.16 Publication of the sample ballot for a special primary or 16.17 special election is not required. 16.18 Sec. 25. Minnesota Statutes 1998, section 204D.27, 16.19 subdivision 8, is amended to read: 16.20 Subd. 8. [CERTIFICATE OF CONGRESSIONAL ELECTION.] No 16.21 certificate of election in a special election for senator or 16.22 representative in Congress may be issued by the county auditor16.23 of any county or by thesecretary of state to any individual 16.24 declared elected by the county or state canvassing board until 16.25 seven days after the canvassing board has canvassed the returns 16.26 and declared the results of the election. In case of a contest 16.27 the certificate may not be issued until the district court 16.28 determines the contest. 16.29 Sec. 26. Minnesota Statutes 1998, section 205.13, is 16.30 amended by adding a subdivision to read: 16.31 Subd. 1b. [ABSENT CANDIDATES.] A candidate for municipal 16.32 office who will be absent from the state during the filing 16.33 period may submit a properly executed affidavit of candidacy, 16.34 the appropriate filing fee, and any necessary petitions in 16.35 person to the filing officer. The candidate shall state in 16.36 writing the reason for being unable to submit the affidavit 17.1 during the filing period. The affidavit, filing fee, and 17.2 petitions must be submitted to the filing officer during the 17.3 seven days immediately preceding the candidate's absence from 17.4 the state. In cities of the first class, and in any city where 17.5 the use of nominating petitions is permitted under the city's 17.6 charter, a nominating petition for a candidate who will be 17.7 absent from the state during the filing period may be signed 17.8 during the 14 days immediately preceding the date when the 17.9 affidavit of candidacy is filed. 17.10 Sec. 27. Minnesota Statutes 1998, section 205.13, 17.11 subdivision 6, is amended to read: 17.12 Subd. 6. [WITHDRAWAL.] A candidate for a municipal 17.13 elective office may withdraw from the election by filing an 17.14 affidavit of withdrawal with the municipal clerk by 12 o'clock17.15 noon of the dayno later than 5:00 p.m. two days after the last 17.16 day for filing affidavits of candidacy. Thereafter, no 17.17 candidate may file an affidavit of withdrawal. 17.18 Sec. 28. Minnesota Statutes 1998, section 205.17, 17.19 subdivision 1, is amended to read: 17.20 Subdivision 1. [SECOND, THIRD, AND FOURTH CLASS CITIES; 17.21 TOWNS.] In all statutory and home rule charter cities of the 17.22 second, third and fourth class, and in all towns, for the 17.23 municipal general election, the municipal clerk shall have 17.24 printed on light green paper the official ballot containing the 17.25 names of all candidates for municipal offices. The ballot shall 17.26 be printed in blocksquantities of 25, 50, or 100, shall be 17.27 headed "City or Town Election Ballot," shall state the name of 17.28 the city or town and the date of the election, and shall conform 17.29 in other respects to the white ballot used at the state general 17.30 election. The names shall be arranged on city ballots in the 17.31 manner provided for the state elections. On town ballots names 17.32 of the candidates for each office shall be arranged either: 17.33 (1) alphabetically according to the candidates' surnames; 17.34 or 17.35 (2) in the manner provided for state elections if the town 17.36 electors chose at the town's annual meeting to arrange the names 18.1 in that way for at least two consecutive years. 18.2 Sec. 29. Minnesota Statutes 1998, section 205A.06, is 18.3 amended by adding a subdivision to read: 18.4 Subd. 1c. [ABSENT CANDIDATES.] A candidate for the office 18.5 of school board member who will be absent from the state during 18.6 the filing period may submit a properly executed affidavit of 18.7 candidacy, the appropriate filing fee, and any necessary 18.8 petitions in person to the filing officer. The candidate shall 18.9 state in writing the reason for being unable to submit the 18.10 affidavit during the filing period. The affidavit, filing fee, 18.11 and petitions must be submitted to the filing officer during the 18.12 seven days immediately preceding the candidate's absence from 18.13 the state. 18.14 Sec. 30. Minnesota Statutes 1998, section 205A.06, 18.15 subdivision 5, is amended to read: 18.16 Subd. 5. [WITHDRAWAL.] A candidate for a school district 18.17 elective office may withdraw from the election by filing an 18.18 affidavit of withdrawal with the school district clerk by 12:0018.19 noon of the dayno later than 5:00 p.m. two days after the last 18.20 day for filing affidavits of candidacy. After that date, no 18.21 candidate may file an affidavit of withdrawal. 18.22 Sec. 31. Minnesota Statutes 1998, section 206.90, 18.23 subdivision 6, is amended to read: 18.24 Subd. 6. [BALLOTS.] In precincts using optical scan voting 18.25 systems, a single ballot card on which all ballot information is 18.26 included must be printed in black ink on white colored material 18.27 except that marks not to be read by the automatic tabulating 18.28 equipment may be printed in another color ink. 18.29 When optical scan ballots are used, the offices to be 18.30 elected must appear in the following order: federal offices; 18.31 state legislative offices; constitutional offices; proposed 18.32 constitutional amendments; county offices and questions; 18.33 municipal offices and questions; school district offices and 18.34 questions; special district offices and questions; and judicial 18.35 offices. 18.36 On optical scan ballots, the names of candidates and the 19.1 words "yes" and "no" for ballot questions must be printed as 19.2 close to their corresponding vote targets as possible. 19.3 The line on an optical scan ballot for write-in votes must 19.4 contain the words "write-in, if any." 19.5 If a primary ballot contains both a partisan ballot and a 19.6 nonpartisan ballot, the instructions to voters must include a 19.7 statement that reads substantially as follows: "THIS BALLOT 19.8 CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT. ON 19.9 THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF 19.10 ONE POLITICAL PARTY ONLY." If a primary ballot contains 19.11 political party columns on both sides of the ballot, the 19.12 instructions to voters must include a statement that reads 19.13 substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE 19.14 PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE 19.15 POLITICAL PARTY ONLY." At the bottom of each political party 19.16 column on the primary ballot, the ballot must contain a 19.17 statement that reads substantially as follows: "CONTINUE VOTING 19.18 ON THE NONPARTISAN BALLOT." The instructions in section 19.19 204D.08, subdivision 4, do not apply to optical scan partisan 19.20 primary ballots. 19.21 Sec. 32. Minnesota Statutes 1999 Supplement, section 19.22 367.03, subdivision 4, is amended to read: 19.23 Subd. 4. [OFFICERS; NOVEMBER ELECTION.] Supervisors and 19.24 other town officers in towns that hold the town general election 19.25 in November shall be elected for terms of four years commencing 19.26 on the first Monday in January and until their successors are 19.27 elected and qualified. The clerk and treasurer shall be elected 19.28 in alternate years. 19.29 Sec. 33. Minnesota Statutes 1998, section 447.32, 19.30 subdivision 1, is amended to read: 19.31 Subdivision 1. [TERMS OF OFFICE.] Each hospital district 19.32 shall be governed by a hospital board composed of one member 19.33 elected from each city and town in the district and one member 19.34 elected at large. A member's term of office is four 19.35 years commencing on the first Monday in January and until a 19.36 successor qualifies. At the first election, however, members 20.1 must be elected for terms set by the governing body calling the 20.2 election, so that half the terms, as nearly as may be, expire on 20.3 December 31the first Monday in January of the next 20.4 even-numberedodd-numbered year and the remaining terms expire 20.5 two years from that date. After that, before a member's term 20.6 expires, a new member shall be elected for a term of four years 20.7 from the expiration date. 20.8 If a member dies, resigns, fails to qualify, or moves from 20.9 the hospital district, a successor may be appointed by a 20.10 majority of the remaining members of the board. The successor 20.11 shall hold office until December 31the first Monday in January 20.12 after the next regular hospital district election. At the 20.13 election a successor must be elected to fill the unexpired term. 20.14 When an additional city or town is annexed to the district, 20.15 in accordance with section 447.36, its governing body shall by 20.16 resolution appoint a member to the board. The member shall hold 20.17 office until December 31the first Monday in January after the 20.18 next regular hospital district election. At the election a 20.19 successor must be elected for a term of either two or four 20.20 years, to be set by the hospital board so that the number of 20.21 members of the board whose terms expire in any later year will 20.22 not exceed one-half of the members plus one. 20.23 Sec. 34. Minnesota Statutes 1999 Supplement, section 20.24 447.32, subdivision 4, is amended to read: 20.25 Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A 20.26 person who wants to be a candidate for the hospital board shall 20.27 file an affidavit of candidacy for the election either as member 20.28 at large or as a member representing the city or town where the 20.29 candidate resides. The affidavit of candidacy must be filed 20.30 with the city or town clerk not more than ten weeks nor less 20.31 than eight weeks before the election. The city or town clerk 20.32 must forward the affidavits of candidacy to the clerk of the 20.33 hospital district or, for the first election, the clerk of the 20.34 most populous city or town immediately after the last day of the 20.35 filing period. A candidate may withdraw from the election by 20.36 filing an affidavit of withdrawal with the clerk of the district 21.1 no later than 12:00 p.m. on the day5:00 p.m. two days after the 21.2 last day to file affidavits of candidacy. 21.3 Voting must be by secret ballot. The clerk shall prepare, 21.4 at the expense of the district, necessary ballots for the 21.5 election of officers. Ballots must be printed on tan paper and 21.6 prepared as provided in the rules of the secretary of state. 21.7 The ballots must be marked and initialed by at least two judges 21.8 as official ballots and used exclusively at the election. Any 21.9 proposition to be voted on may be printed on the ballot provided 21.10 for the election of officers. The hospital board may also 21.11 authorize the use of voting systems subject to chapter 206. 21.12 Enough election judges may be appointed to receive the votes at 21.13 each polling place. The election judges shall act as clerks of 21.14 election, count the ballots cast, and submit them to the board 21.15 for canvass. 21.16 After canvassing the election, the board shall issue a 21.17 certificate of election to the candidate who received the 21.18 largest number of votes cast for each office. The clerk shall 21.19 deliver the certificate to the person entitled to it in person 21.20 or by certified mail. Each person certified shall file an 21.21 acceptance and oath of office in writing with the clerk within 21.22 30 days after the date of delivery or mailing of the 21.23 certificate. The board may fill any office as provided in 21.24 subdivision 1 if the person elected fails to qualify within 30 21.25 days, but qualification is effective if made before the board 21.26 acts to fill the vacancy. 21.27 Sec. 35. [REPEALER.] 21.28 Minnesota Statutes 1998, section 204B.45, subdivision 1a, 21.29 is repealed.