1st Unofficial 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; clarifying terminology and 1.5 procedures concerning vacancies in elective offices; 1.6 amending Minnesota Statutes 1998, sections 103C.305, 1.7 subdivision 6; 103C.315, subdivision 2; 123B.09, 1.8 subdivision 1; 201.061, subdivision 4; 202A.14, 1.9 subdivision 1; 202A.19, subdivisions 1, 3, 5, and 6; 1.10 203B.02, subdivision 1a; 203B.06, subdivision 6; 1.11 204B.09, subdivisions 1a, 2, and by adding a 1.12 subdivision; 204B.12, subdivision 1; 204B.14, 1.13 subdivisions 2, 5, and 6; 204B.16, subdivision 1; 1.14 204B.18, subdivision 1; 204B.19, subdivision 6; 1.15 204B.40; 204C.32, subdivision 1; 204C.33, subdivision 1.16 1; 204C.37; 204D.13, subdivision 1; 204D.25, 1.17 subdivision 1; 204D.27, subdivision 8; 205.13, 1.18 subdivision 6, and by adding a subdivision; 205.17, 1.19 subdivision 1; 205A.06, subdivision 5, and by adding a 1.20 subdivision; 206.90, subdivision 6; 351.02; and 1.21 447.32, subdivision 1; Minnesota Statutes 1999 1.22 Supplement, sections 10A.31, subdivision 3a; 203B.04, 1.23 subdivision 1; 203B.085; 367.03, subdivision 4; and 1.24 447.32, subdivision 4; repealing Minnesota Statutes 1.25 1998, section 204B.45, subdivision 1a. 1.26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.27 Section 1. Minnesota Statutes 1999 Supplement, section 1.28 10A.31, subdivision 3a, is amended to read: 1.29 Subd. 3a. [QUALIFICATION OF POLITICAL PARTIES.] (a) A 1.30 major political party qualifies for inclusion on the income tax 1.31 form and property tax refund return as provided in subdivision 3 1.32 if it qualifies as a major political party by July 1 of the 1.33 taxable year. 1.34 (b) A minor political party qualifies for inclusion on the 1.35 income tax form and property tax refund return as provided in 2.1 subdivision 3 if the secretary of state certifies to the 2.2 commissioner of revenue by July 1 of the taxable year that the 2.3 party satisfies the following conditions: 2.4 (1) in the last general election, the party ran a candidate 2.5 for the office of governor and lieutenant governor, secretary of 2.6 state, state auditor, or attorney general, who received votes in 2.7 each county that in the aggregate total at least one percent of 2.8 the total number of individuals who voted in the election; 2.9 (2) it is a political party, not a principal campaign 2.10 committee; and 2.11 (3) it has held a state convention in the last two years 2.12 and an officer of the party has filed with the secretary of 2.13 state a certification to that effect. 2.14 The secretary of state shall notify each minor political 2.15 party by the first Monday in January of each odd-numbered year 2.16 of the conditions necessary for the party to participate in 2.17 income tax form and property tax refund return programs. 2.18 Sec. 2. Minnesota Statutes 1998, section 103C.305, 2.19 subdivision 6, is amended to read: 2.20 Subd. 6. [VACANCY.] (a) If a vacancy occurs in the office 2.21 of an elected supervisor more than 56 days before the next state 2.22 primary, the district board shall fill the vacancy by 2.23 appointment. The supervisor appointed shall hold office until 2.24December 31the first Monday in January following the next 2.25 general election. A successor shall be elected at the general 2.26 election following the appointment and hold office for the 2.27 remainder of the term or for the next regular term, whichever is 2.28 appropriate. 2.29 (b) If a vacancy occurs less than 56 days before the next 2.30 state primary, the district board shall fill the vacancy by 2.31 appointment. The appointed supervisor shall hold office until 2.32 the expiration of the term or untilDecember 31the first Monday 2.33 in January following the second succeeding general election, 2.34 whichever is shorter. A successor shall be elected at the 2.35 general election preceding expiration of the appointed term and 2.36 hold office for the remainder of the term or for the next 3.1 regular term, whichever is appropriate. 3.2 (c) All terms under this subdivision continue until a 3.3 successor has been elected and has qualified. 3.4 Sec. 3. Minnesota Statutes 1998, section 103C.315, 3.5 subdivision 2, is amended to read: 3.6 Subd. 2. [TERMS.] The two supervisors appointed by the 3.7 state board upon the establishment of a districtshallserve 3.8 terms ending onDecember 31the first Monday in January 3.9 following the next general election after their appointment. 3.10 Their successors shall be elected for terms of four years.3.11A supervisor shall hold officecommencing on the first 3.12 Monday in January and until a successor is elected or appointed 3.13 and has qualified. Vacancies in the office of supervisor 3.14 appointed by the state board shall be filled by the state board. 3.15 Sec. 4. Minnesota Statutes 1998, section 123B.09, 3.16 subdivision 1, is amended to read: 3.17 Subdivision 1. [SCHOOL BOARD MEMBERSHIP.] The care, 3.18 management, and control of independent districts is vested in a 3.19 board of directors, to be known as the school board. The term 3.20 of office of a member shall be four years commencing on the 3.21 first Monday in January and until a successor qualifies. The 3.22 membership of the board shall consist of six elected directors 3.23 together with such ex officio member as may be provided by law. 3.24 The board may submit to the electors at any school election the 3.25 question whether the board shall consist of seven members. If a 3.26 majority of those voting on the proposition favor a seven-member 3.27 board, a seventh member shall be elected at the next election of 3.28 directors for a four-year term and thereafter the board shall 3.29 consist of seven members. 3.30 Those districts with a seven-member board may submit to the 3.31 electors at any school election at least 150 days before the 3.32 next election of three members of the board the question whether 3.33 the board shall consist of six members. If a majority of those 3.34 voting on the proposition favor a six-member board instead of a 3.35 seven-member board, two members instead of three members shall 3.36 be elected at the next election of the board of directors and 4.1 thereafter the board shall consist of six members. 4.2 Sec. 5. Minnesota Statutes 1998, section 201.061, 4.3 subdivision 4, is amended to read: 4.4 Subd. 4. [REGISTRATION BY ELECTION JUDGES; PROCEDURES.] 4.5 Registration at the polling place on election day shall be 4.6 conducted by the election judges. The election judge who 4.7 registers an individual at the polling place on election day 4.8 shall not handle that voter's ballots at any time prior to the 4.9 opening of the ballot box after the voting ends. Registration 4.10 cards and forms for oaths shall be available at each polling 4.11 place. If an individual who registers on election day proves 4.12 residence by oath of a registered voter, the form containing the 4.13 oath shall be attached to the individual's registration card 4.14until the individual's address is verified by the county4.15auditor. Registration cards completed on election day shall be 4.16 forwarded to the county auditor who shall add the name of each 4.17 voter to the registration system unless the information 4.18 forwarded is substantially deficient. A county auditor who 4.19 finds an election day registration substantially deficient shall 4.20 give written notice to the individual whose registration is 4.21 found deficient. An election day registration shall not be 4.22 found deficient solely because the individual who provided proof 4.23 of residence was ineligible to do so. 4.24 Sec. 6. Minnesota Statutes 1998, section 202A.14, 4.25 subdivision 1, is amended to read: 4.26 Subdivision 1. [TIME AND MANNER OF HOLDING; POSTPONEMENT.] 4.27At 7:00 p.m.On any day from the first Tuesday in March to the 4.28 end of March in every state general election year there shall be 4.29 held for every election precinct a party caucus in the manner 4.30 provided in sections 202A.14 to 202A.19, except that in the 4.31 event of severe weather a major political party may request the 4.32 secretary of state to postpone caucuses. If a major political 4.33 party makes a request, or upon the secretary of state's own 4.34 initiative, after consultation with all major political parties 4.35 and on the advice of the federal weather bureau and the 4.36 department of transportation, the secretary of state may declare 5.1 precinct caucuses to be postponed for a week in counties where 5.2 weather makes travel especially dangerous. The secretary of 5.3 state shall submit a notice of the postponement to news media 5.4 covering the affected counties by 6:00 p.m. on the scheduled day 5.5 of the caucus. A postponed caucus may also be postponed 5.6 pursuant to this subdivision. 5.7 Sec. 7. Minnesota Statutes 1998, section 202A.19, 5.8 subdivision 1, is amended to read: 5.9 Subdivision 1. No school board, county board of 5.10 commissioners, township board, or city council may conduct a 5.11 meeting after 6:00 p.m. on theday of a major political party5.12precinct caucusfirst Tuesday in March in a state general 5.13 election year. 5.14 Sec. 8. Minnesota Statutes 1998, section 202A.19, 5.15 subdivision 3, is amended to read: 5.16 Subd. 3. The University of Minnesota may not schedule an 5.17 event which will take place after 6:00 p.m. on theday of a5.18major political party precinct caucusfirst Tuesday in March in 5.19 a state general election year unless permission to do so has 5.20 been received from the board of regents. No Minnesota state 5.21 college or university may schedule an event which will take 5.22 place after 6:00 p.m. on theday of a major political party5.23precinct caucusfirst Tuesday in March in a state general 5.24 election year unless permission to do so has been received from 5.25 the board of trustees of the Minnesota state colleges and 5.26 universities. 5.27 Sec. 9. Minnesota Statutes 1998, section 202A.19, 5.28 subdivision 5, is amended to read: 5.29 Subd. 5. No public elementary or secondary school may hold 5.30 a school sponsored event after 6:00 p.m. on theday of a major5.31political party precinct caucusfirst Tuesday in March in a 5.32 state general election year. 5.33 Sec. 10. Minnesota Statutes 1998, section 202A.19, 5.34 subdivision 6, is amended to read: 5.35 Subd. 6. No state agency, board, commission, department or 5.36 committee shall conduct a public meeting after 6:00 p.m. on the 6.1day of a major political party precinct caucusfirst Tuesday in 6.2 March in a state general election year. 6.3 Sec. 11. Minnesota Statutes 1998, section 203B.02, 6.4 subdivision 1a, is amended to read: 6.5 Subd. 1a. [EXPERIMENTAL PROCEDURES.] A county board may 6.6 authorize any eligible voter in the county to vote by absentee 6.7 ballot without qualification by submitting a written request to 6.8 the county auditor between August 1,19912000, and November 30, 6.919922008, notwithstanding the provisions of subdivision 1. The 6.10 county auditor shall notify the secretary of state immediately 6.11 after the adoption of such a resolution of authorization by the 6.12 county board. 6.13 The application for absentee ballots must include the 6.14 voter's name, residence address in the county, address to which 6.15 the ballots are to be mailed, the date of the request, and the 6.16 voter's signature. 6.17 The county auditor shall maintain a record of the number of 6.18 applications for absentee ballots submitted under this 6.19 subdivision.No later than January 15, 1993, the secretary of6.20state shall prepare a report to the legislature on the6.21implementation of this subdivision.6.22 Assistance to voters in marking absentee ballots is subject 6.23 to section 204C.15, subdivision 1. 6.24 Sec. 12. Minnesota Statutes 1999 Supplement, section 6.25 203B.04, subdivision 1, is amended to read: 6.26 Subdivision 1. [APPLICATION PROCEDURES.] Except as 6.27 otherwise allowed by subdivision 2, an application for absentee 6.28 ballots for any election may be submitted at any time not less 6.29 than one day before the day of that election. The county 6.30 auditor shall prepare absentee ballot application forms in the 6.31 format provided in the rules of the secretary of state and shall 6.32 furnish them to any person on request. An application submitted 6.33 pursuant to this subdivision shall be in writing and shall be 6.34 submitted to: 6.35 (a) the county auditor of the county where the applicant 6.36 maintains residence; or 7.1 (b) the municipal clerk of the municipality, or school 7.2 district if applicable, where the applicant maintains residence. 7.3 An application shall beacceptedapproved if it is timely 7.4 received, signed and dated by the applicant, contains the 7.5 applicant's name and residence and mailing addresses, and states 7.6 that the applicant is eligible to vote by absentee ballot for 7.7 one of the reasons specified in section 203B.02. The 7.8 application may contain a request for the voter's date of birth, 7.9 which must not be made available for public inspection. An 7.10 application may be submitted to the county auditor or municipal 7.11 clerk by an electronic facsimile device, at the discretion of 7.12 the auditor or clerk. An application mailed or returned in 7.13 person to the county auditor or municipal clerk on behalf of a 7.14 voter by a person other than the voter must be deposited in the 7.15 mail or returned in person to the county auditor or municipal 7.16 clerk within ten days after it has been dated by the voter and 7.17 no later than six days before the election. The absentee ballot 7.18 applications or a list of persons applying for an absentee 7.19 ballot may not be made available for public inspection until the 7.20 close of voting on election day. 7.21 Sec. 13. Minnesota Statutes 1998, section 203B.06, 7.22 subdivision 6, is amended to read: 7.23 Subd. 6. [REQUESTS FROM ABROAD.] If an application for 7.24 absentee ballots requests delivery of absentee ballots to a 7.25 point outside the continental United States, the absentee 7.26 ballotsshallmust be sent by air mail. The transmittal and 7.27 return envelopesshall be marked with the words "OFFICIAL7.28ELECTION BALLOTING MATERIAL -- VIA AIR MAIL."must contain the 7.29 text or symbol or both prescribed by the United States Postal 7.30 Service for transmitting election mail outside the continental 7.31 United States. Priority in mailing shall be given to all 7.32 ballots sent by air mail. 7.33 Sec. 14. Minnesota Statutes 1999 Supplement, section 7.34 203B.085, is amended to read: 7.35 203B.085 [COUNTY AUDITOR'S OFFICE TO REMAIN OPEN DURING 7.36 CERTAIN HOURS PRECEDING ELECTION.] 8.1 The county auditor's office in each county must be open for 8.2 acceptance of absentee ballot applications and casting of 8.3 absentee ballots from 10:00 a.m. to 3:00 p.m. on Saturday and 8.4 until 5:00 p.m. on Monday immediately preceding a primary, 8.5 special, or general election. Town clerks' offices must be open 8.6 for absentee voting from 10:00 a.m. to 12:00 noon on the 8.7 Saturday before a town general election held in March. The 8.8 school district clerk, when performing the county auditor's 8.9 election duties, need not comply with this section. 8.10 Sec. 15. Minnesota Statutes 1998, section 204B.09, 8.11 subdivision 1a, is amended to read: 8.12 Subd. 1a. [ABSENT CANDIDATES.] A candidate for special 8.13 district, county, state, or federal office who will be absent 8.14 from the state during the filing period may submit a properly 8.15 executed affidavit of candidacy, the appropriate filing fee, and 8.16 any necessary petitions in person to the filing officer. The 8.17 candidate shall state in writing the reason for being unable to 8.18 submit the affidavit during the filing period. The affidavit, 8.19 filing fee, and petitions must be submitted to the filing 8.20 officer during the seven days immediately preceding the 8.21 candidate's absence from the state. Nominating petitions may be 8.22 signed during the 14 days immediately preceding the date when 8.23 the affidavit of candidacy is filed. 8.24 Sec. 16. Minnesota Statutes 1998, section 204B.09, 8.25 subdivision 2, is amended to read: 8.26 Subd. 2. [OTHER ELECTIONS.] Affidavits of candidacy and 8.27 nominating petitions for city, town or other elective offices 8.28 shall be filed during the time and with the official specified 8.29 in chapter 205 or other applicable law or charter, except as 8.30 provided for a special district candidate under subdivision 1a. 8.31 Affidavits of candidacy and applications filed on behalf of 8.32 eligible voters for school board office shall be filed during 8.33 the time and with the official specified in chapter 205A or 8.34 other applicable law. 8.35 Sec. 17. Minnesota Statutes 1998, section 204B.09, is 8.36 amended by adding a subdivision to read: 9.1 Subd. 3. [WRITE-IN CANDIDATES.] A candidate for state or 9.2 federal office who wants write-in votes for the candidate to be 9.3 counted must file a written request with the filing office for 9.4 the office sought no later than the day before the general 9.5 election. The filing officer shall provide copies of the form 9.6 to make the request. 9.7 Sec. 18. Minnesota Statutes 1998, section 204B.12, 9.8 subdivision 1, is amended to read: 9.9 Subdivision 1. [BEFORE PRIMARY.] A candidate may withdraw 9.10 from the primary ballot by filing an affidavit of withdrawal 9.11 with the same official who received the affidavit of candidacy. 9.12 The affidavit shall request that official to withdraw the 9.13 candidate's name from the ballot and shall be filed no later 9.14 thanthreetwo days after the last day for filing for the office. 9.15 Sec. 19. Minnesota Statutes 1998, section 204B.14, 9.16 subdivision 2, is amended to read: 9.17 Subd. 2. [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) 9.18 The following shall constitute at least one election precinct: 9.19 (1) each city ward; and 9.20 (2) each town and each statutory city. 9.21 (b) A single, accessible, combined polling place may be 9.22 established no later than June 1 of any year: 9.23 (1) for any city of the third or fourth class, any town, or 9.24 any city having territory in more than one county, in which all 9.25 the voters of the city or town shall cast their ballots; 9.26 (2) for two contiguous precincts in the same municipality 9.27 that have a combined total of fewer than 500 registered voters; 9.28 or 9.29 (3) for up to four contiguous municipalities located 9.30 entirely outside the metropolitan area, as defined by section 9.31 473.121, subdivision 2, that are contained in the same 9.32congressional, legislative, andcountycommissioner district. 9.33 A copy of the ordinance or resolution establishing a 9.34 combined polling place must be filed with the county auditor 9.35 within 30 days after approval by the governing body. A polling 9.36 place combined under clause (3) must be approved by the 10.1 governing body of each participating municipality. A 10.2 municipality withdrawing from participation in a combined 10.3 polling place must do so by filing a resolution of withdrawal 10.4 with the county auditor no later than May 1 of any year. 10.5 The secretary of state shall provide a separate polling 10.6 place roster for each precinct served by the combined polling 10.7 place. A single set of election judges may be appointed to 10.8 serve at a combined polling place. The number of election 10.9 judges required must be based on the total number of persons 10.10 voting at the last similar election in all precincts to be 10.11 voting at the combined polling place. Separate ballot boxes 10.12 must be provided for the ballots from each precinct. The 10.13 results of the election must be reported separately for each 10.14 precinct served by the combined polling place, except in a 10.15 polling place established under clause (2) where one of the 10.16 precincts has fewer than ten registered voters, in which case 10.17 the results of that precinct must be reported in the manner 10.18 specified by the secretary of state. 10.19 Sec. 20. Minnesota Statutes 1998, section 204B.14, 10.20 subdivision 5, is amended to read: 10.21 Subd. 5. [PRECINCT BOUNDARIES; DESCRIPTION; MAPS.] When a 10.22 precinct boundary has been changed, the municipal clerk shall 10.23 immediately notify the secretary of state.Upon receipt of this10.24notice or a notice of annexation from the Minnesota municipal10.25board, the secretary of state shall provide the municipal clerk10.26with a base map on which the clerk shall note the boundary10.27change.The clerk shallreturn thefile a corrected base mapto10.28 with the secretary of state within 30 days after the boundary 10.29 change was made. Upon request, the secretary of state shall 10.30 provide a base map to the municipal clerk. The secretary of 10.31 state shall update the precinct boundary database, prepare a 10.32 corrected precinct map, and provide the corrected precinct map 10.33 to the county auditor and the municipal clerk who shall make 10.34 them available for public inspection. The county auditor shall 10.35 prepare and file precinct boundary maps for precincts in 10.36 unorganized territories in the same manner as provided for 11.1 precincts in municipalities. For every election held in the 11.2 municipality the election judges shall be furnished precinct 11.3 maps as provided in section 201.061, subdivision 6. If a 11.4 municipality changes the boundary of an election precinct, the 11.5 county auditor shall notify each school district with territory 11.6 affected by the boundary change at least 30 days before the 11.7 effective date of the change. 11.8 Sec. 21. Minnesota Statutes 1998, section 204B.14, 11.9 subdivision 6, is amended to read: 11.10 Subd. 6. [PRECINCT BOUNDARIES TO FOLLOW PHYSICAL 11.11 FEATURES.] (a) Unless a precinct consists entirely of 11.12 unorganized territory or more than one precinct is entirely 11.13 included within one census block, for the first two years 11.14 following a decennial census an election precinct boundary must 11.15 follow a census block line. 11.16 (b) The boundaries of election precinctsshallmust follow 11.17 visible, clearly recognizable physical features. If it is not 11.18 possible to establish the boundary between any two adjacent 11.19 precincts along such features, the boundary around the two 11.20 precincts combined shall be established in the manner provided 11.21 in the rules of the secretary of state to comply with the 11.22 provisions of this subdivision. The maps required by 11.23 subdivision 5 shall clearly indicate which boundaries do not 11.24 follow visible, clearly recognizable physical features. 11.25 (c) For the purposes of this subdivision, "visible, clearly 11.26 recognizable physical feature" means a street, road, boulevard, 11.27 parkway, river, stream, shoreline, drainage ditch, railway 11.28 right-of-way, or any other line which is clearly visible from 11.29 the ground. A street or other roadway which has been platted 11.30 but not graded is not a visible, clearly recognizable physical 11.31 feature for the purposes of this subdivision. 11.32 (d) If the secretary of state determines that a precinct 11.33 boundary does not comply with this subdivision, the secretary of 11.34 state shall send a notice to the county auditor or municipal 11.35 clerk specifying the action needed to correct the precinct 11.36 boundary. If, after 60 days, the county or municipal governing 12.1 body has not taken action to correct the precinct boundary, the 12.2 secretary of state shall correct the precinct boundary and 12.3 notify the county auditor or municipal clerk of the action taken. 12.4 (e) If a visible, clearly recognizable physical feature is 12.5 not available for use as a precinct boundary, an alternate 12.6 boundary used by the United States Bureau of the Census may be 12.7 authorized by the secretary of state. 12.8 Sec. 22. Minnesota Statutes 1998, section 204B.16, 12.9 subdivision 1, is amended to read: 12.10 Subdivision 1. [AUTHORITY; LOCATION.] The governing body 12.11 of each municipality and of each county with precincts in 12.12 unorganized territory shall designate by ordinance or resolution 12.13 a polling place for each election precinct. Polling places must 12.14 be designated and ballots must be distributed so that no one is 12.15 required to go to more than one polling place to vote in a 12.16 school district and municipal election held on the same day. 12.17 The polling place for a precinct in a city or in a school 12.18 district located in whole or in part in the metropolitan area 12.19 defined by section 473.121 shall be located within the 12.20 boundaries of the precinct or within 3,000 feet of one of those 12.21 boundaries unless a single polling place is designated for a 12.22 city pursuant to section 204B.14, subdivision 2, or a school 12.23 district pursuant to section 205A.11. The polling place for a 12.24 precinct in unorganized territory may be located outside the 12.25 precinct at a place which is convenient to the voters of the 12.26 precinct. If no suitable place is available within a town or 12.27 within a school district located outside the metropolitan area 12.28 defined by section 473.121, then the polling place for a town or 12.29 school district may be located outside the town or school 12.30 district within five miles of one of the boundaries of the town 12.31 or school district. 12.32 Sec. 23. Minnesota Statutes 1998, section 204B.18, 12.33 subdivision 1, is amended to read: 12.34 Subdivision 1. [BOOTHS.] Each polling place must contain a 12.35 number of voting booths in proportion to the number of 12.36 individuals eligible to vote in the precinct. Each booth must 13.1 be at least six feet high, three feet deep and two feet wide 13.2 with a shelf at least two feet long and one foot wide placed at 13.3 a convenient height for writing. The booth shall be provided 13.4 with a door or curtains. Each accessible polling place must 13.5 have at least one accessible voting booth or other accessible 13.6 voting station. All booths or stations must be constructed so 13.7 that a voter is free from observation while marking ballots. In 13.8 all other polling places every effort must be made to provide at 13.9 least one accessible voting booth or other accessible voting 13.10 station. During the hours of voting, the booths or stations 13.11 must have instructions, a pencil, and other supplies needed to 13.12 mark the ballots. If needed, a chair must be provided for 13.13 elderly and handicapped voters to use whilein thevoting 13.14booth. All ballot boxes, voting booths, voting stations, and 13.15 election judges must be in open public view in the polling place. 13.16 Sec. 24. Minnesota Statutes 1998, section 204B.19, 13.17 subdivision 6, is amended to read: 13.18 Subd. 6. [HIGH SCHOOL STUDENTS.] Notwithstanding any other 13.19 requirements of this section, a student enrolled in a high 13.20 school in Minnesota who has attained the age of 16 is eligible 13.21 to be appointed as a without party affiliation trainee election 13.22 judge in themunicipalitycounty in which the student resides. 13.23 The student must meet qualifications for trainee election judges 13.24 specified in rules of the secretary of state. A student 13.25 appointed as a trainee election judge may be excused from school 13.26 attendance during the hours that the student is serving as a 13.27 trainee election judge if the student submits a written request 13.28 signed and approved by the student's parent or guardian to be 13.29 absent from school and a certificate from the appointing 13.30 authority stating the hours during which the student will serve 13.31 as a trainee election judge to the principal of the school at 13.32 least ten days prior to the election. Students shall not serve 13.33 as trainee election judges after 10:00 p.m. Notwithstanding 13.34 section 177.24 to the contrary, trainee election judges may be 13.35 paid not less than two-thirds of the minimum wage for a large 13.36 employer. The principal of the school may approve a request to 14.1 be absent from school conditioned on acceptable academic 14.2 performance and the requirement that the student must have 14.3 completed or be enrolled in a course of study in government at 14.4 the time of service as a trainee election judge. 14.5 Sec. 25. Minnesota Statutes 1998, section 204B.40, is 14.6 amended to read: 14.7 204B.40 [BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; 14.8 DISPOSITION; INSPECTION OF BALLOTS.] 14.9 The county auditorsand, municipal clerks, and school 14.10 district clerks shall retain all election materials returned to 14.11 them after any election for at leastone year22 months from the 14.12 date of that election.The county auditor may also retain14.13election materials from school district elections.All election 14.14 materials involved in a contested electionshallmust be 14.15 retained forone year22 months or until the contest has been 14.16 finally determined, whichever is later. Abstracts filed by 14.17 canvassing boards shall be retained permanently by any officer 14.18 with whom those abstracts are filed. Election materials no 14.19 longer required to be retained pursuant to this section shall be 14.20 disposed of in accordance with sections 138.163 to 138.21. 14.21 Sealed envelopes containing voted ballots must be retained 14.22 unopened, except as provided in this section, in a secure 14.23 location. The county auditor, municipal clerk, or school 14.24 district clerk shall not permit any voted ballots to be tampered 14.25 with or defaced. 14.26 After the time for filing a notice of contest for an 14.27 election has passed, the secretary of state may open the sealed 14.28 ballot envelopes and inspect the ballots for that election 14.29 maintained by the county auditors, municipal clerks, or school 14.30 district clerks for the purpose of monitoring and evaluating 14.31 election procedures. No inspected ballot may be marked or 14.32 identified in any manner. After inspection, all ballots must be 14.33 returned to the ballot envelope and the ballot envelope must be 14.34 securely resealed. 14.35 Sec. 26. Minnesota Statutes 1998, section 204C.32, 14.36 subdivision 1, is amended to read: 15.1 Subdivision 1. [COUNTY CANVASS.] The county canvassing 15.2 board shall meet at the county auditor's office on or before the 15.3 third day following the state primary. After taking the oath of 15.4 office, the canvassing board shall publicly canvass the election 15.5 returns delivered to the county auditor. The board shall 15.6 complete the canvass no later than the third day following the 15.7 state primary and shall promptly prepare and file with the 15.8 county auditor a report that states: 15.9 (a) The number of individuals voting at the election in the 15.10 county, and in each precinct; 15.11 (b) The number of individuals registering to vote on 15.12 election day and the number of individuals registered before 15.13 election day in each precinct; 15.14 (c) For each major political party, the names of the 15.15 candidates running for each partisan office and the number of 15.16 votes received by each candidate in the county and in each 15.17 precinct; 15.18 (d) The names of the candidates of each major political 15.19 party who are nominated; and 15.20 (e) The number of votes received by each of the candidates 15.21 for nonpartisan office in each precinct in the county and the 15.22 names of the candidates nominated for nonpartisan office. 15.23 Upon completion of the canvass, the county auditor shall 15.24 mail or deliver a notice of nomination to each nominee for 15.25 county office voted for only in that county. The county auditor 15.26 shall transmit one of the certified copies of the county 15.27 canvassing board report for state and federal offices to the 15.28 secretary of state by express mail or similar service 15.29 immediately upon conclusion of the county canvass. The 15.30 secretary of state shall mail a notice of nomination to each 15.31 nominee for state or federal office. 15.32 Sec. 27. Minnesota Statutes 1998, section 204C.33, 15.33 subdivision 1, is amended to read: 15.34 Subdivision 1. [COUNTY CANVASS.] The county canvassing 15.35 board shall meet at the county auditor's office on or before the 15.36 seventh day following the state general election. After taking 16.1 the oath of office, the board shall promptly and publicly 16.2 canvass the general election returns delivered to the county 16.3 auditor. Upon completion of the canvass, the board shall 16.4 promptly prepare and file with the county auditor a report which 16.5 states: 16.6 (a) The number of individuals voting at the election in the 16.7 county and in each precinct; 16.8 (b) The number of individuals registering to vote on 16.9 election day and the number of individuals registered before 16.10 election day in each precinct; 16.11 (c) The names of the candidates for each office and the 16.12 number of votes received by each candidate in the county and in 16.13 each precinct; 16.14 (d) The number of votes counted for and against a proposed 16.15 change of county lines or county seat; and 16.16 (e) The number of votes counted for and against a 16.17 constitutional amendment or other question in the county and in 16.18 each precinct. 16.19 The result of write-in votes cast on the general election 16.20 ballots must be compiled by the county auditor before the county 16.21 canvass, except that write-in votes for a candidate for state or 16.22 federal office must not be counted unless the candidate has 16.23 timely filed a request under section 204B.09, subdivision 3. 16.24 The county auditor shall arrange for each municipality to 16.25 provide an adequate number of election judges to perform this 16.26 duty or the county auditor may appoint additional election 16.27 judges for this purpose. The county auditor may open the 16.28 envelopes or containers in which the voted ballots have been 16.29 sealed in order to count and record the write-in votes and must 16.30 reseal the voted ballots at the conclusion of this process. 16.31 Upon completion of the canvass, the county canvassing board 16.32 shall declare the candidate duly elected who received the 16.33 highest number of votes for each county and state office voted 16.34 for only within the county. The county auditor shall transmit 16.35 one of the certified copies of the county canvassing board 16.36 report for state and federal offices to the secretary of state 17.1 by express mail or similar service immediately upon conclusion 17.2 of the county canvass. 17.3 Sec. 28. Minnesota Statutes 1998, section 204C.37, is 17.4 amended to read: 17.5 204C.37 [COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 17.6 STATE.] 17.7 Two copies of the reports required by sections 204C.32, 17.8 subdivision 1 and 204C.33, subdivision 1 shall be certified 17.9 under the official seal of the county auditor. Each copy shall 17.10 be enclosed in an envelope addressed to the secretary of state, 17.11 with the county auditor's name and official address and the 17.12 words "Election Returns" endorsed on the envelope. Thecopies17.13shallcopy of the canvassing board report not sent by express 17.14 mail and the precinct summary statements must be mailed or 17.15 delivered to the secretary of stateand, if mailed, shall be17.16forwarded by different mails. If neither copy is received by 17.17 the secretary of state within ten days following the applicable 17.18 election, the secretary of state shall immediately notify the 17.19 county auditor, who shall deliver another copy to the secretary 17.20 of state by special messenger. 17.21 Sec. 29. Minnesota Statutes 1998, section 204D.13, 17.22 subdivision 1, is amended to read: 17.23 Subdivision 1. [ORDER OF OFFICES.] The candidates for 17.24 partisan offices shall be placedfirston the white ballotand17.25shall appearin the following order: senator in Congress shall 17.26 be first; representative in Congress, second; state senator, 17.27 third; and state representative, fourth. The candidates for 17.28 state offices shall follow in the order specified by the 17.29 secretary of state. Candidates for governor and lieutenant 17.30 governor shall appear so that a single vote may be cast for both 17.31 offices. 17.32 Sec. 30. Minnesota Statutes 1998, section 204D.25, 17.33 subdivision 1, is amended to read: 17.34 Subdivision 1. [FORM.] Except as provided in subdivision 17.35 2, the county auditor shall prepare separate ballots for a 17.36 special primary and special election as required by sections 18.1 204D.17 to 204D.27. The ballots shall be headed "Special 18.2 Primary Ballot" or "Special Election Ballot" as the case may be, 18.3 followed by the date of the special primary or special 18.4 election. Immediately below the title of each office to be 18.5 filled shall be printed the words "To fill vacancy in term 18.6 expiring ..........," with the date of expiration of the term 18.7 and any other information that is necessary to distinguish the 18.8 office from any other office to be voted upon at the same 18.9 election. For a special primary or special election, the 18.10 instructions to voters may use the singular tense when referring 18.11 to candidates and offices when only one office is to be filled 18.12 at the special election. Otherwise the form of the ballots 18.13 shall comply as far as practicable with the laws relating to 18.14 ballots for state primaries and state general elections. The 18.15 county auditor shall post a sample of each ballot in the 18.16 auditor's office as soon as prepared and not later than four 18.17 days before the special primary or special election. 18.18 Publication of the sample ballot for a special primary or 18.19 special election is not required. 18.20 Sec. 31. Minnesota Statutes 1998, section 204D.27, 18.21 subdivision 8, is amended to read: 18.22 Subd. 8. [CERTIFICATE OF CONGRESSIONAL ELECTION.] No 18.23 certificate of election in a special election for senator or 18.24 representative in Congress may be issued by thecounty auditor18.25of any county or by thesecretary of state to any individual 18.26 declared elected by the county or state canvassing board until 18.27 seven days after the canvassing board has canvassed the returns 18.28 and declared the results of the election. In case of a contest 18.29 the certificate may not be issued until the district court 18.30 determines the contest. 18.31 Sec. 32. Minnesota Statutes 1998, section 205.13, is 18.32 amended by adding a subdivision to read: 18.33 Subd. 1b. [ABSENT CANDIDATES.] A candidate for municipal 18.34 office who will be absent from the state during the filing 18.35 period may submit a properly executed affidavit of candidacy, 18.36 the appropriate filing fee, and any necessary petitions in 19.1 person to the filing officer. The candidate shall state in 19.2 writing the reason for being unable to submit the affidavit 19.3 during the filing period. The affidavit, filing fee, and 19.4 petitions must be submitted to the filing officer during the 19.5 seven days immediately preceding the candidate's absence from 19.6 the state. 19.7 Sec. 33. Minnesota Statutes 1998, section 205.13, 19.8 subdivision 6, is amended to read: 19.9 Subd. 6. [WITHDRAWAL.] A candidate for a municipal 19.10 elective office may withdraw from the election by filing an 19.11 affidavit of withdrawal with the municipal clerkby 12 o'clock19.12noon of the dayno later than 5:00 p.m. two days after the last 19.13 day for filing affidavits of candidacy. Thereafter, no 19.14 candidate may file an affidavit of withdrawal. 19.15 Sec. 34. Minnesota Statutes 1998, section 205.17, 19.16 subdivision 1, is amended to read: 19.17 Subdivision 1. [SECOND, THIRD, AND FOURTH CLASS CITIES; 19.18 TOWNS.] In all statutory and home rule charter cities of the 19.19 second, third and fourth class, and in all towns, for the 19.20 municipal general election, the municipal clerk shall have 19.21 printed on light green paper the official ballot containing the 19.22 names of all candidates for municipal offices. The ballot shall 19.23 be printed inblocksquantities of 25, 50, or 100, shall be 19.24 headed "City or Town Election Ballot," shall state the name of 19.25 the city or town and the date of the election, and shall conform 19.26 in other respects to the white ballot used at the state general 19.27 election. The names shall be arranged on city ballots in the 19.28 manner provided for the state elections. On town ballots names 19.29 of the candidates for each office shall be arranged either: 19.30 (1) alphabetically according to the candidates' surnames; 19.31 or 19.32 (2) in the manner provided for state elections if the town 19.33 electors chose at the town's annual meeting to arrange the names 19.34 in that way for at least two consecutive years. 19.35 Sec. 35. Minnesota Statutes 1998, section 205A.06, is 19.36 amended by adding a subdivision to read: 20.1 Subd. 1c. [ABSENT CANDIDATES.] A candidate for the office 20.2 of school board member who will be absent from the state during 20.3 the filing period may submit a properly executed affidavit of 20.4 candidacy, the appropriate filing fee, and any necessary 20.5 petitions in person to the filing officer. The candidate shall 20.6 state in writing the reason for being unable to submit the 20.7 affidavit during the filing period. The affidavit, filing fee, 20.8 and petitions must be submitted to the filing officer during the 20.9 seven days immediately preceding the candidate's absence from 20.10 the state. 20.11 Sec. 36. Minnesota Statutes 1998, section 205A.06, 20.12 subdivision 5, is amended to read: 20.13 Subd. 5. [WITHDRAWAL.] A candidate for a school district 20.14 elective office may withdraw from the election by filing an 20.15 affidavit of withdrawal with the school district clerkby 12:0020.16noon of the dayno later than 5:00 p.m. two days after the last 20.17 day for filing affidavits of candidacy. After that date, no 20.18 candidate may file an affidavit of withdrawal. 20.19 Sec. 37. Minnesota Statutes 1998, section 206.90, 20.20 subdivision 6, is amended to read: 20.21 Subd. 6. [BALLOTS.] In precincts using optical scan voting 20.22 systems, a single ballot card on which all ballot information is 20.23 included must be printed in black ink on white colored material 20.24 except that marks not to be read by the automatic tabulating 20.25 equipment may be printed in another color ink. 20.26 When optical scan ballots are used, the offices to be 20.27 elected must appear in the following order: federal offices; 20.28 state legislative offices; constitutional offices; proposed 20.29 constitutional amendments; county offices and questions; 20.30 municipal offices and questions; school district offices and 20.31 questions; special district offices and questions; and judicial 20.32 offices. 20.33 On optical scan ballots, the names of candidates and the 20.34 words "yes" and "no" for ballot questions must be printed as 20.35 close to their corresponding vote targets as possible. 20.36 The line on an optical scan ballot for write-in votes must 21.1 contain the words "write-in, if any." 21.2 If a primary ballot contains both a partisan ballot and a 21.3 nonpartisan ballot, the instructions to voters must include a 21.4 statement that reads substantially as follows: "THIS BALLOT 21.5 CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT. ON 21.6 THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF 21.7 ONE POLITICAL PARTY ONLY." If a primary ballot contains 21.8 political party columns on both sides of the ballot, the 21.9 instructions to voters must include a statement that reads 21.10 substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE 21.11 PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE 21.12 POLITICAL PARTY ONLY." At the bottom of each political party 21.13 column on the primary ballot, the ballot must contain a 21.14 statement that reads substantially as follows: "CONTINUE VOTING 21.15 ON THE NONPARTISAN BALLOT." The instructions in section 21.16 204D.08, subdivision 4, do not apply to optical scan partisan 21.17 primary ballots. 21.18 Sec. 38. Minnesota Statutes 1998, section 351.02, is 21.19 amended to read: 21.20 351.02 [VACANCIES.] 21.21 Subdivision 1. [EVENTS CAUSING.] Every office shall become 21.22 vacant on the happening ofeitherany of the following events, 21.23 before the expiration of the term ofsuchoffice: 21.24 (1) The death of the incumbent; 21.25 (2) The incumbent's resignation; 21.26 (3) The incumbent's removal; 21.27 (4) The incumbent's ceasing to bean inhabitanta resident 21.28 of the state, or, if the office islocalnot statewide, of the 21.29 district, county or cityforfrom which the incumbent was 21.30 elected or appointed, or within which the duties of the office 21.31 are required to be discharged; 21.32 (5) The incumbent's conviction ofany infamous crimea 21.33 felony, or of any offense involving a violation of the official 21.34 oath; 21.35 (6) The incumbent's refusal or neglect to take the oath of 21.36 office, or to give or renew the official bond, or to deposit or 22.1 filesuchthe oath or bond within the time prescribed; 22.2 (7) The decision of a competent tribunal declaring the 22.3 incumbent's election or appointment void; 22.4 (8) The death of the person elected or appointed to fill a 22.5 vacancy, or for a full term, before the person qualifies, or 22.6 before the time when by law the person should enter upon the 22.7 duties of the office, in which case the vacancy shall be deemed 22.8 to take place at the time when the term of office would have 22.9 begun had the person lived. 22.10 Subd. 2. [DISPUTES.] When there is a dispute over whether 22.11 an office has become vacant, an individual who is eligible to 22.12 vote for the office may bring an action for a declaratory 22.13 judgment under chapter 555. If the dispute concerns an alleged 22.14 vacancy in the office of state senator or representative, the 22.15 trial court shall forward the record of the proceedings, 22.16 including the court's findings of fact and conclusions of law, 22.17 to the secretary of the senate or chief clerk of the house of 22.18 representatives, as appropriate, for final disposition. This 22.19 subdivision does not limit the constitutional power of the 22.20 senate or house of representatives to judge the eligibility of 22.21 its own members. 22.22 Sec. 39. Minnesota Statutes 1999 Supplement, section 22.23 367.03, subdivision 4, is amended to read: 22.24 Subd. 4. [OFFICERS; NOVEMBER ELECTION.] Supervisors and 22.25 other town officers in towns that hold the town general election 22.26 in November shall be elected for terms of four years commencing 22.27 on the first Monday in January and until their successors are 22.28 elected and qualified. The clerk and treasurer shall be elected 22.29 in alternate years. 22.30 Sec. 40. Minnesota Statutes 1998, section 447.32, 22.31 subdivision 1, is amended to read: 22.32 Subdivision 1. [TERMS OF OFFICE.] Each hospital district 22.33 shall be governed by a hospital board composed of one member 22.34 elected from each city and town in the district and one member 22.35 elected at large. A member's term of office is four 22.36 years commencing on the first Monday in January and until a 23.1 successor qualifies. At the first election, however, members 23.2 must be elected for terms set by the governing body calling the 23.3 election, so that half the terms, as nearly as may be, expire on 23.4December 31the first Monday in January of the next 23.5even-numberedodd-numbered year and the remaining terms expire 23.6 two years from that date. After that, before a member's term 23.7 expires, a new member shall be elected for a term of four years 23.8 from the expiration date. 23.9 If a member dies, resigns, fails to qualify, or moves from 23.10 the hospital district, a successor may be appointed by a 23.11 majority of the remaining members of the board. The successor 23.12 shall hold office untilDecember 31the first Monday in January 23.13 after the next regular hospital district election. At the 23.14 election a successor must be elected to fill the unexpired term. 23.15 When an additional city or town is annexed to the district, 23.16 in accordance with section 447.36, its governing body shall by 23.17 resolution appoint a member to the board. The member shall hold 23.18 office untilDecember 31the first Monday in January after the 23.19 next regular hospital district election. At the election a 23.20 successor must be elected for a term of either two or four 23.21 years, to be set by the hospital board so that the number of 23.22 members of the board whose terms expire in any later year will 23.23 not exceed one-half of the members plus one. 23.24 Sec. 41. Minnesota Statutes 1999 Supplement, section 23.25 447.32, subdivision 4, is amended to read: 23.26 Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A 23.27 person who wants to be a candidate for the hospital board shall 23.28 file an affidavit of candidacy for the election either as member 23.29 at large or as a member representing the city or town where the 23.30 candidate resides. The affidavit of candidacy must be filed 23.31 with the city or town clerk not more than ten weeks nor less 23.32 than eight weeks before the election. The city or town clerk 23.33 must forward the affidavits of candidacy to the clerk of the 23.34 hospital district or, for the first election, the clerk of the 23.35 most populous city or town immediately after the last day of the 23.36 filing period. A candidate may withdraw from the election by 24.1 filing an affidavit of withdrawal with the clerk of the district 24.2 no later than12:00 p.m. on the day5:00 p.m. two days after the 24.3 last day to file affidavits of candidacy. 24.4 Voting must be by secret ballot. The clerk shall prepare, 24.5 at the expense of the district, necessary ballots for the 24.6 election of officers. Ballots must be printed on tan paper and 24.7 prepared as provided in the rules of the secretary of state. 24.8 The ballots must be marked and initialed by at least two judges 24.9 as official ballots and used exclusively at the election. Any 24.10 proposition to be voted on may be printed on the ballot provided 24.11 for the election of officers. The hospital board may also 24.12 authorize the use of voting systems subject to chapter 206. 24.13 Enough election judges may be appointed to receive the votes at 24.14 each polling place. The election judges shall act as clerks of 24.15 election, count the ballots cast, and submit them to the board 24.16 for canvass. 24.17 After canvassing the election, the board shall issue a 24.18 certificate of election to the candidate who received the 24.19 largest number of votes cast for each office. The clerk shall 24.20 deliver the certificate to the person entitled to it in person 24.21 or by certified mail. Each person certified shall file an 24.22 acceptance and oath of office in writing with the clerk within 24.23 30 days after the date of delivery or mailing of the 24.24 certificate. The board may fill any office as provided in 24.25 subdivision 1 if the person elected fails to qualify within 30 24.26 days, but qualification is effective if made before the board 24.27 acts to fill the vacancy. 24.28 Sec. 42. [REPEALER.] 24.29 Minnesota Statutes 1998, section 204B.45, subdivision 1a, 24.30 is repealed. 24.31 Sec. 43. [EFFECTIVE DATE.] 24.32 Section 11 is effective the day following final enactment.