HF 289

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; changing and clarifying 
  1.3             provisions of the Minnesota election law; amending 
  1.4             Minnesota Statutes 1994, sections 201.071, subdivision 
  1.5             1; 203B.01, by adding a subdivision; 203B.11, 
  1.6             subdivision 1; 204B.06, by adding a subdivision; 
  1.7             204B.09, by adding a subdivision; 204B.15; 204B.27, by 
  1.8             adding a subdivision; 204B.31; 204B.32, subdivision 1; 
  1.9             204B.36, subdivision 2; 204B.45, subdivision 1; 
  1.10            204B.46; 204C.08, by adding a subdivision; 204C.31, 
  1.11            subdivision 2; 206.62; 206.90, subdivisions 4 and 6; 
  1.12            207A.03, subdivision 2; and 211A.02, subdivision 2; 
  1.13            repealing Minnesota Statutes 1994, sections 204D.15, 
  1.14            subdivision 2; and 211B.11, subdivision 2. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1994, section 201.071, 
  1.17  subdivision 1, is amended to read: 
  1.18     Subdivision 1.  [FORM.] A registration card must be of 
  1.19  suitable size and weight for mailing and contain spaces for the 
  1.20  following required information:  voter's first name, middle 
  1.21  name, and last name; voter's previous name, if any; voter's 
  1.22  current address; voter's previous address, if any; voter's date 
  1.23  of birth; voter's municipality and county of residence; voter's 
  1.24  telephone number; date of registration; and voter's signature.  
  1.25  The card must also contain the following certification:  I 
  1.26  certify that I will be at least 18 years old on election day and 
  1.27  am a citizen of the United States, that I reside at the address 
  1.28  shown and will have resided in Minnesota for 20 days immediately 
  1.29  preceding election day, and that I am not under guardianship of 
  1.30  the person, have not been found by a court to be legally 
  2.1   incompetent to vote, and have not been convicted of a felony 
  2.2   without having my civil rights restored.  I understand that 
  2.3   giving false information to procure a registration is a felony 
  2.4   punishable by not more than five years imprisonment and a fine 
  2.5   of not more than $10,000, or both. 
  2.6      The form of the voter registration card must be as provided 
  2.7   in the rules of the secretary of state.  Voter registration 
  2.8   forms authorized by the National Voter Registration Act may also 
  2.9   be accepted as valid. 
  2.10     Sec. 2.  Minnesota Statutes 1994, section 203B.01, is 
  2.11  amended by adding a subdivision to read: 
  2.12     Subd. 4.  [HEALTH CARE FACILITY.] "Health care facility" 
  2.13  means a hospital or other entity licensed under sections 144.50 
  2.14  to 144.58 or a nursing home licensed to serve adults under 
  2.15  section 144A.02. 
  2.16     Sec. 3.  Minnesota Statutes 1994, section 203B.11, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [GENERALLY.] Each full-time municipal clerk 
  2.19  who has authority under section 203B.05 to administer absentee 
  2.20  voting laws shall designate election judges to deliver absentee 
  2.21  ballots in accordance with this section.  The county auditor may 
  2.22  also designate election judges to perform the duties in this 
  2.23  section.  A ballot may be delivered only to an eligible voter 
  2.24  who is a temporary or permanent resident or patient in a health 
  2.25  care facility or hospital located in the municipality in which 
  2.26  the voter maintains residence.  The ballots shall be delivered 
  2.27  by two election judges, each of whom is affiliated with a 
  2.28  different major political party.  When the election judges 
  2.29  deliver or return ballots as provided in this section, they 
  2.30  shall travel together in the same vehicle.  Both election judges 
  2.31  shall be present when an applicant completes the certificate of 
  2.32  eligibility and marks the absentee ballots, and may assist an 
  2.33  applicant as provided in section 204C.15.  The election judges 
  2.34  shall deposit the return envelopes containing the marked 
  2.35  absentee ballots in a sealed container and return them to the 
  2.36  clerk on the same day that they are delivered and marked. 
  3.1      Sec. 4.  Minnesota Statutes 1994, section 204B.06, is 
  3.2   amended by adding a subdivision to read: 
  3.3      Subd. 8.  [PROOF OF ELIGIBILITY.] A candidate for judicial 
  3.4   office or for the office of county attorney shall submit with 
  3.5   the affidavit of candidacy proof that the candidate meets the 
  3.6   qualifications established by the supreme court for admission to 
  3.7   the practice of law in Minnesota. 
  3.8      A candidate for county sheriff shall submit with the 
  3.9   affidavit of candidacy proof of licensure or eligibility to be 
  3.10  licensed as a peace officer in Minnesota. 
  3.11     Sec. 5.  Minnesota Statutes 1994, section 204B.09, is 
  3.12  amended by adding a subdivision to read: 
  3.13     Subd. 3.  [FACSIMILE AFFIDAVITS.] Affidavits of candidacy 
  3.14  may be filed by transmitting facsimile affidavits to the filing 
  3.15  officer and are considered received on receipt of the 
  3.16  appropriate filing fee or petition in lieu of the filing fee. 
  3.17     Sec. 6.  Minnesota Statutes 1994, section 204B.15, is 
  3.18  amended to read: 
  3.19     204B.15 [UNORGANIZED TERRITORY; ELECTION PRECINCTS.] 
  3.20     A county board, at its meeting in either January or July, 
  3.21  upon the petition of not less than ten eligible voters residing 
  3.22  in unorganized territory more than ten miles from the polling 
  3.23  place in any established precinct, shall may establish a new 
  3.24  election precinct precincts to serve the residents of 
  3.25  unorganized territories.  The board shall designate a polling 
  3.26  place for the new precinct that is convenient for the 
  3.27  individuals residing in it or shall designate the precinct for 
  3.28  mail balloting as provided in section 204B.45.  No polling place 
  3.29  designated under this section shall be located within ten miles 
  3.30  of an existing polling place.  
  3.31     Sec. 7.  Minnesota Statutes 1994, section 204B.27, is 
  3.32  amended by adding a subdivision to read: 
  3.33     Subd. 9.  [ELECTION SUPPLY CONTRACT.] The secretary of 
  3.34  state may enter into a statewide contract from which any county 
  3.35  auditor may purchase ballots, forms, or other election supplies. 
  3.36     Sec. 8.  Minnesota Statutes 1994, section 204B.31, is 
  4.1   amended to read: 
  4.2      204B.31 [COMPENSATION FOR ELECTION SERVICES.] 
  4.3      Subdivision 1.  [COMPENSATION.] The compensation for 
  4.4   services performed under the Minnesota election law shall be as 
  4.5   follows: 
  4.6      (a) To presidential electors from funds appropriated to the 
  4.7   secretary of state for this purpose, $35 for each day of 
  4.8   attendance at the capitol and mileage for travel to and from the 
  4.9   capitol in the amount allowed for state employees in accordance 
  4.10  with section 43A.18, subdivision 2; 
  4.11     (b) To individuals, other than county, city, school 
  4.12  district, or town employees during their normal work day, who 
  4.13  are appointed by the county auditor to carry ballots to or from 
  4.14  the county auditor's office, a sum not less than the prevailing 
  4.15  Minnesota minimum wage for each hour spent in carrying ballots 
  4.16  and mileage in the amount allowed pursuant to section 471.665, 
  4.17  subdivision 1; 
  4.18     (c) To members of county canvassing boards, a sum not less 
  4.19  than the prevailing Minnesota minimum wage for each hour 
  4.20  necessarily spent and an amount for each mile of necessary 
  4.21  travel equal to the amount allowed pursuant to section 471.665, 
  4.22  subdivision 1; 
  4.23     (d) To election judges serving in any city, an amount fixed 
  4.24  by the governing body of the city; to election judges serving in 
  4.25  any school district election which is not held in conjunction 
  4.26  with a state election, an amount fixed by the school board of 
  4.27  the school district; to election judges serving in unorganized 
  4.28  territory, an amount fixed by the county board; and to election 
  4.29  judges serving in towns, an amount fixed by the town board.  
  4.30  Election judges shall receive at least the prevailing Minnesota 
  4.31  minimum wage for each hour spent carrying out their duties at 
  4.32  the polling places and in attending training sessions required 
  4.33  by section 204B.25, except as provided in subdivisions 2 and 3.  
  4.34  An election judge who travels to pick up election supplies or to 
  4.35  deliver election returns to the county auditor shall receive, in 
  4.36  addition to other compensation authorized by this section, a sum 
  5.1   not less than the prevailing Minnesota minimum wage for each 
  5.2   hour spent performing these duties, plus mileage in the same 
  5.3   amount as allowed pursuant to section 471.665, subdivision 1; 
  5.4   and 
  5.5      (e) To sergeants at arms, an amount for each hour of 
  5.6   service performed at the direction of the election judges, fixed 
  5.7   in the same manner as compensation for election judges. 
  5.8      Subd. 2.  [VOLUNTEER SERVICE.] Any person appointed to 
  5.9   serve as an election judge may elect to serve without payment by 
  5.10  submitting a written statement to the appropriate governing body 
  5.11  no later than ten days before the election. 
  5.12     Subd. 3.  [CONTRACT FOR ELECTION JUDGES.] Any governing 
  5.13  body responsible for appointment of election judges may enter 
  5.14  into a contract or agreement with a nonprofit organization for 
  5.15  the recruitment of election judges.  The contract or agreement 
  5.16  must state the hourly compensation of the election judges to be 
  5.17  provided to the governing body for appointment.  The governing 
  5.18  body may pay the nonprofit organization directly for the 
  5.19  services of the election judges provided by the organization. 
  5.20     Sec. 9.  Minnesota Statutes 1994, section 204B.32, 
  5.21  subdivision 1, is amended to read: 
  5.22     Subdivision 1.  [PAYMENT.] (a) The secretary of state shall 
  5.23  pay the compensation for presidential electors, the cost of 
  5.24  printing the pink paper ballots, and all necessary expenses 
  5.25  incurred by the secretary of state in connection with elections. 
  5.26     (b) The counties shall pay the compensation prescribed in 
  5.27  section 204B.31, clauses (b) and (c), the cost of printing the 
  5.28  canary ballots, the white ballots, the pink ballots when 
  5.29  machines are used, the state partisan primary ballots, and the 
  5.30  state and county nonpartisan primary ballots, all necessary 
  5.31  expenses incurred by county auditors in connection with 
  5.32  elections, and the expenses of special county elections.  
  5.33     (c) Subject to subdivision 2, the municipalities shall pay 
  5.34  the compensation prescribed for election judges and sergeants at 
  5.35  arms, the cost of printing the municipal ballots, providing 
  5.36  ballot boxes, providing and equipping polling places and all 
  6.1   necessary expenses of the municipal clerks in connection with 
  6.2   elections, except special county elections.  
  6.3      (d) The school districts shall pay the compensation 
  6.4   prescribed for election judges and sergeants-at-arms, the cost 
  6.5   of printing the school district ballots, providing ballot boxes, 
  6.6   providing and equipping polling places and all necessary 
  6.7   expenses of the school district clerks in connection with school 
  6.8   district elections not held in conjunction with state 
  6.9   elections.  When school district elections are held in 
  6.10  conjunction with state elections, the school district shall pay 
  6.11  the costs of printing the school district ballots, providing 
  6.12  ballot boxes and all necessary expenses of the school district 
  6.13  clerk.  
  6.14     All disbursements under this section shall be presented, 
  6.15  audited, and paid as in the case of other public expenses.  
  6.16     Sec. 10.  Minnesota Statutes 1994, section 204B.36, 
  6.17  subdivision 2, is amended to read: 
  6.18     Subd. 2.  [CANDIDATES AND OFFICES.] The name of each 
  6.19  candidate shall be printed at a right angle to the length of the 
  6.20  ballot.  At a general election the name of the political party 
  6.21  or the political principle of each candidate for partisan office 
  6.22  shall be printed above or below the name of the candidate.  The 
  6.23  name of a political party or a political principle shall be 
  6.24  printed in capital and lower case letters of the same type, with 
  6.25  the capital letters at least one-half the height of the capital 
  6.26  letters used for names of the candidates.  At a general 
  6.27  election, blank lines containing the words "write-in, if any" 
  6.28  shall be printed below the name of the last candidate for each 
  6.29  office, or below the title of the office if no candidate has 
  6.30  filed for that office, so that a voter may write in the names of 
  6.31  individuals whose names are not on the ballot.  One blank line 
  6.32  shall be printed for each officer of that kind to be elected.  
  6.33  At a primary election, no blank lines shall be provided for 
  6.34  writing in the names of individuals whose names do not appear on 
  6.35  the primary ballot.  
  6.36     On the left side of the ballot at the same level with the 
  7.1   name of each candidate and each blank line shall be printed a 
  7.2   square in which the voter may designate a vote by a mark (X). 
  7.3   Each square shall be the same size.  Above the first name on 
  7.4   each ballot shall be printed the words, "Put an (X) in the 
  7.5   square opposite the name of each candidate you wish to vote 
  7.6   for."  At the same level with these words and directly above the 
  7.7   squares shall be printed a small arrow pointing downward.  
  7.8   Directly underneath the official title of each office shall be 
  7.9   printed the words "Vote for one" or "Vote for up to ..." (any 
  7.10  greater number to be elected). 
  7.11     Sec. 11.  Minnesota Statutes 1994, section 204B.45, 
  7.12  subdivision 1, is amended to read: 
  7.13     Subdivision 1.  [AUTHORIZATION.] Any statutory or home rule 
  7.14  charter city or town municipality having fewer than 400 
  7.15  registered voters on June 1 of an election year and not located 
  7.16  in a metropolitan county as defined by section 473.121 may 
  7.17  provide balloting by mail at any city, county, or state election 
  7.18  with no polling place other than the office of the auditor or 
  7.19  clerk.  The governing body may apply to the county auditor for 
  7.20  permission to conduct balloting by mail, subject to the approval 
  7.21  of the county auditor.  The county board may provide for 
  7.22  balloting by mail in unorganized territory. 
  7.23     The governing body of any municipality may designate for 
  7.24  mail balloting any precinct having fewer than 400 registered 
  7.25  voters on June 1 of any election year, subject to the approval 
  7.26  of the county auditor. 
  7.27     Voted ballots may be returned in person to the county 
  7.28  auditor or to any other location designated by the county 
  7.29  auditor. 
  7.30     Sec. 12.  Minnesota Statutes 1994, section 204B.46, is 
  7.31  amended to read: 
  7.32     204B.46 [MAIL ELECTIONS; QUESTIONS.] 
  7.33     A county, municipality, or school district submitting 
  7.34  questions to the voters at a special election may apply to the 
  7.35  county auditor for approval of an election by mail with no 
  7.36  polling place other than the office of the auditor or 
  8.1   clerk.  Voted ballots may be returned in person to the county 
  8.2   auditor or any other location designated by the county auditor.  
  8.3   No more than two questions may be submitted at a mail election 
  8.4   and no offices may be voted on.  Notice of the election and the 
  8.5   special mail procedure must be given at least six weeks prior to 
  8.6   the election.  No earlier than 20 or later than 14 days prior to 
  8.7   the election, the auditor or clerk shall mail ballots by 
  8.8   nonforwardable mail to all voters registered in the county, 
  8.9   municipality, or school district.  Eligible voters not 
  8.10  registered at the time the ballots are mailed may apply for 
  8.11  ballots pursuant to chapter 203B.  
  8.12     Sec. 13.  Minnesota Statutes 1994, section 204C.08, is 
  8.13  amended by adding a subdivision to read: 
  8.14     Subd. 2a.  [SAMPLE BALLOTS.] A sample ballot must be posted 
  8.15  in a conspicuous location in the polling place.  The sample 
  8.16  ballot must accurately reflect the offices, candidates, and 
  8.17  rotation sequence on the ballots used in that polling place. 
  8.18     Sec. 14.  Minnesota Statutes 1994, section 204C.31, 
  8.19  subdivision 2, is amended to read: 
  8.20     Subd. 2.  [STATE CANVASSING BOARD.] The state canvassing 
  8.21  board shall consist of the secretary of state, two judges of the 
  8.22  supreme court or the court of appeals, and two judges of the 
  8.23  district court selected by the secretary of state.  None of the 
  8.24  judges shall be a candidate at the election.  If a judge fails 
  8.25  to appear at the meeting of the canvassing board, the secretary 
  8.26  of state shall fill the vacancy in membership by selecting 
  8.27  another judge who is not a candidate at the election.  Not more 
  8.28  than two judges of the supreme court shall serve on the 
  8.29  canvassing board at one time.  
  8.30     Sec. 15.  Minnesota Statutes 1994, section 206.62, is 
  8.31  amended to read: 
  8.32     206.62 [SAMPLE BALLOTS.] 
  8.33     The officials who prepare ballot strips or ballot booklets 
  8.34  shall provide each polling place with at least two a sample 
  8.35  ballots which are facsimiles of ballot that accurately reflects 
  8.36  the offices, candidates, and rotation sequence on the ballot 
  9.1   strip or ballot booklet card to be voted on in that precinct.  
  9.2   Candidates' names may not be rotated on the sample ballots but 
  9.3   must be arranged in alphabetical order for all offices where 
  9.4   rotation of names on the official ballots is required by law.  
  9.5   The sample ballots may be either in full or reduced size.  They 
  9.6   must contain suitable illustrated directions for voting on a 
  9.7   lever voting machine or for operating a marking device, or 
  9.8   illustrated instructions must be provided on a separate poster 
  9.9   placed adjacent to each sample ballot.  The sample ballots must 
  9.10  be posted prominently in the polling place and must remain open 
  9.11  to inspection by the voters throughout election day.  
  9.12     Sec. 16.  Minnesota Statutes 1994, section 206.90, 
  9.13  subdivision 4, is amended to read: 
  9.14     Subd. 4.  [ABSENTEE VOTING.] An optical scan voting system 
  9.15  may be used for absentee voting as long as.  The county auditor 
  9.16  may supply an appropriate marking instrument is supplied to the 
  9.17  voter along with the ballot. 
  9.18     Sec. 17.  Minnesota Statutes 1994, section 206.90, 
  9.19  subdivision 6, is amended to read: 
  9.20     Subd. 6.  [BALLOTS.] In precincts using optical scan voting 
  9.21  systems, a single ballot card on which all ballot information is 
  9.22  included must be printed in black ink on white colored material 
  9.23  except that marks not to be read by the automatic tabulating 
  9.24  equipment may be printed in another color ink.  
  9.25     When optical scan ballots are used, the offices to be 
  9.26  elected must appear in the following order:  federal offices; 
  9.27  state legislative offices; constitutional offices; proposed 
  9.28  constitutional amendments; county offices and questions; 
  9.29  municipal offices and questions; school district offices and 
  9.30  questions; special district offices and questions; and judicial 
  9.31  offices. 
  9.32     On optical scan ballots, the names of candidates and the 
  9.33  words "yes" and "no" for ballot questions must be printed as 
  9.34  close to their corresponding vote targets as possible. 
  9.35     The line on an optical scan ballot for write-in votes must 
  9.36  contain the words "write-in, if any." 
 10.1      Sec. 18.  Minnesota Statutes 1994, section 207A.03, 
 10.2   subdivision 2, is amended to read: 
 10.3      Subd. 2.  [VOTER CERTIFICATION; BALLOT.] An individual 
 10.4   seeking to vote at the presidential primary shall request the 
 10.5   ballot of the party for whose candidates the individual wishes 
 10.6   to vote.  The voter registration certificate or duplicate 
 10.7   registration file polling place roster for the presidential 
 10.8   primary must list the names of the political parties appearing 
 10.9   on the ballot at the presidential primary.  Before receiving a 
 10.10  ballot, a voter shall sign the voter's certificate or duplicate 
 10.11  registration file polling place roster and shall place a check 
 10.12  mark beside indicate the name of the political party whose 
 10.13  ballot the voter requested. 
 10.14     Sec. 19.  Minnesota Statutes 1994, section 211A.02, 
 10.15  subdivision 2, is amended to read: 
 10.16     Subd. 2.  [INFORMATION REQUIRED.] The report to be filed by 
 10.17  a candidate or committee must include:  
 10.18     (1) the name of the candidate or ballot question; 
 10.19     (2) the name and address of the person responsible for 
 10.20  filing the report; 
 10.21     (3) the total amount of receipts and expenditures for the 
 10.22  period from the last previous report to five days before the 
 10.23  current report is due; 
 10.24     (4) the purpose for each expenditure; and 
 10.25     (5) the name of any individual or committee that during the 
 10.26  year has made one or more contributions that in the aggregate 
 10.27  are equal to or greater than $500 $300.  
 10.28     Sec. 20.  [REPEALER.] 
 10.29     Minnesota Statutes 1994, sections 204D.15, subdivision 2; 
 10.30  and 211B.11, subdivision 2, are repealed.