HF 3110

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; setting the criteria for voting systems to be used in elections;
establishing a voting machines options working group; amending Minnesota
Statutes 2005 Supplement, sections 206.56, subdivisions 1b, 3, 7a, 7b, 8; 206.61,
subdivision 5; 206.80; 206.805, subdivision 1; 206.83; 206.90, subdivision 8;
proposing coding for new law in Minnesota Statutes, chapter 206.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2005 Supplement, section 206.56, subdivision 1b,
is amended to read:

Subd. 1b.

Audio ballot reader.

"Audio ballot reader" means an audio representation
of a ballot that can be used with other assistive voting technology to permit a voter to mark
votes on a nonelectronic ballot deleted text begin or to securely transmit a ballot electronically to automatic
tabulating equipment in the polling place deleted text end .

Sec. 2.

Minnesota Statutes 2005 Supplement, section 206.56, subdivision 3, is
amended to read:

Subd. 3.

Ballot.

"Ballot" includes paper ballots, ballot cards, new text begin and new text end the paper ballot
marked by an electronic marking device deleted text begin , and an electronic record of each vote cast by
a voter at an election and securely transmitted electronically to automatic tabulating
equipment in the polling place deleted text end .

Sec. 3.

Minnesota Statutes 2005 Supplement, section 206.56, subdivision 7a, is
amended to read:

Subd. 7a.

Electronic ballot display.

"Electronic ballot display" means a graphic
representation of a ballot on a computer monitor or screen on which a voter may make
vote choices for candidates and questions for the purpose of marking a nonelectronic
ballot deleted text begin or securely transmitting an electronic ballot to automatic tabulating equipment
in the polling place deleted text end .

Sec. 4.

Minnesota Statutes 2005 Supplement, section 206.56, subdivision 7b, is
amended to read:

Subd. 7b.

Electronic ballot marker.

"Electronic ballot marker" means equipment
that is part of an electronic voting system that uses an electronic ballot display or audio
ballot reader to deleted text begin :
deleted text end

deleted text begin (1) deleted text end mark a nonelectronic ballot with votes selected by a voter deleted text begin ; or
deleted text end

deleted text begin (2) securely transmit a ballot electronically to automatic tabulating equipment in the
polling place deleted text end .

Sec. 5.

Minnesota Statutes 2005 Supplement, section 206.56, subdivision 8, is
amended to read:

Subd. 8.

Electronic voting system.

"Electronic voting system" means a system
in which the voter records votes by means of marking deleted text begin or transmitting deleted text end a ballot, so that
votes may be counted by automatic tabulating equipment in the polling place where the
ballot is cast or at a counting center.

An electronic voting system includes automatic tabulating equipment; nonelectronic
ballot markers; electronic ballot markers, including electronic ballot display, audio ballot
reader, and devices by which the voter will register the voter's voting intent; software used
to program automatic tabulators and layout ballots; computer programs used to accumulate
precinct results; ballots; secrecy folders; system documentation; and system testing results.

Sec. 6.

Minnesota Statutes 2005 Supplement, section 206.61, subdivision 5, is
amended to read:

Subd. 5.

Alternation.

The provisions of the election laws requiring the alternation
of names of candidates must be observed as far as practicable by changing the order
of the names on an electronic voting system in the various precincts so that each name
appears on the machines or marking devices used in a municipality substantially an equal
number of times in the first, last, and in each intermediate place in the list or group in
which they belong. However, the arrangement of candidates' names must be the same
on all voting systems used in the same precinct. If the number of names to be alternated
exceeds the number of precincts, the election official responsible for providing the ballots,
in accordance with subdivision 1, shall determine by lot the alternation of names.

If an electronic ballot marker is used with a paper ballot that is not an optical scan
ballot card, the manner of alternation of candidate names on the paper ballot must be as
prescribed for optical scan ballots in this subdivision. deleted text begin If a machine is used to securely
transmit a ballot electronically to automatic tabulating equipment in the polling place,
the manner of alternation of candidate names on the transmitting machine must be as
prescribed for optical scan ballots in this subdivision.
deleted text end

Sec. 7.

Minnesota Statutes 2005 Supplement, section 206.80, is amended to read:

206.80 ELECTRONIC VOTING SYSTEMS.

(a) An electronic voting system may not be employed unless it:

(1) permits every voter to vote in secret;

(2) permits every voter to vote for all candidates and questions for whom or upon
which the voter is legally entitled to vote;

(3) provides for write-in voting when authorized;

(4) automatically rejects, except as provided in section 206.84 with respect to
write-in votes, all votes for an office or question when the number of votes cast on it
exceeds the number which the voter is entitled to cast;

(5) permits a voter at a primary election to select secretly the party for which the
voter wishes to vote;

(6) automatically rejects all votes cast in a primary election by a voter when the voter
votes for candidates of more than one party; and

(7) provides every voter an opportunity to verify votes recorded on the permanent
paper ballot deleted text begin or paper record deleted text end , either visually or using assistive voting technology, and to
change votes or correct any error before the voter's ballot is cast and counted, produces
an individual, discrete, permanent, paper ballot deleted text begin or paper record of the ballot deleted text end cast by the
voter, and preserves the paper ballot deleted text begin or paper record deleted text end as an official record available for
use in any recount.

(b) An electronic voting system purchased on or after June 4, 2005, may not be
employed unless it:

(1) accepts and tabulates, in the polling place or at a counting center, a marked
optical scan ballot; new text begin or
new text end

(2) creates a marked optical scan ballot that can be tabulated in the polling place or
at a counting center by automatic tabulating equipment certified for use in this state deleted text begin ; or
deleted text end

deleted text begin (3) securely transmits a ballot electronically to automatic tabulating equipment in
the polling place while creating an individual, discrete, permanent paper record of each
vote on the ballot deleted text end .

Sec. 8.

Minnesota Statutes 2005 Supplement, section 206.805, subdivision 1, is
amended to read:

Subdivision 1.

Contracts required.

(a) The secretary of state, with the assistance
of the commissioner of administration, shall establish one or more state voting systems
contracts. The contracts should, if practical, include provisions for maintenance of the
equipment purchased. The voting systems contracts must address precinct-based optical
scan voting equipment, new text begin and new text end ballot marking equipment for persons with disabilities and
other voters deleted text begin , and assistive voting machines that combine voting methods used for persons
with disabilities with precinct-based optical scan voting machines deleted text end . The contracts must
give the state a perpetual license to use and modify the software. The contracts must
include provisions to escrow the software source code, as provided in subdivision 2. Bids
for voting systems and related election services must be solicited from each vendor selling
or leasing voting systems that have been certified for use by the secretary of state. The
contracts must be renewed from time to time.

(b) The secretary of state shall appoint an advisory committee, including
representatives of the state chief information officer, county auditors, municipal clerks who
have had operational experience with the use of electronic voting systems, and members
of the disabilities community to advise the secretary of state in reviewing and evaluating
the merits of proposals submitted from voting equipment vendors for the state contracts.

(c) Counties and municipalities may purchase or lease voting systems and obtain
related election services from the state contracts.

Sec. 9.

Minnesota Statutes 2005 Supplement, section 206.83, is amended to read:

206.83 TESTING OF VOTING SYSTEMS.

Within 14 days before election day, the official in charge of elections shall have the
voting system tested to ascertain that the system will correctly mark deleted text begin or securely transmit
to automatic tabulating equipment in the polling place deleted text end ballots using all methods supported
by the system, including through assistive technology, and count the votes cast for all
candidates and on all questions. Public notice of the time and place of the test must be
given at least two days in advance by publication once in official newspapers. The test
must be observed by at least two election judges, who are not of the same major political
party, and must be open to representatives of the political parties, candidates, the press,
and the public. The test must be conducted by (1) processing a preaudited group of ballots
punched or marked to record a predetermined number of valid votes for each candidate
and on each question, and must include for each office one or more ballot cards which
have votes in excess of the number allowed by law in order to test the ability of the voting
system tabulator and electronic ballot marker to reject those votes; and (2) processing an
additional test deck of ballots marked using the electronic ballot marker for the precinct,
including ballots marked deleted text begin or ballots securely transmitted electronically to automatic
tabulating equipment in the polling place deleted text end using the electronic ballot display, audio ballot
reader, and any assistive voting technology used with the electronic ballot marker. If any
error is detected, the cause must be ascertained and corrected and an errorless count must
be made before the voting system may be used in the election. After the completion of
the test, the programs used and ballot cards must be sealed, retained, and disposed of as
provided for paper ballots.

Sec. 10.

Minnesota Statutes 2005 Supplement, section 206.90, subdivision 8, is
amended to read:

Subd. 8.

Duties of election officials.

The official in charge of elections in each
municipality where an optical scan voting system is used shall have the electronic ballot
marker that examines and marks votes on ballot cards deleted text begin or the machine that securely
transmits a ballot electronically to automatic tabulating equipment in the polling place deleted text end
and the automatic tabulating equipment that examines and counts votes as ballot cards
are deposited into ballot boxes put in order, set, adjusted, and made ready for voting
when delivered to the election precincts.

Sec. 11.

new text begin [206.91] VOTING MACHINES OPTIONS WORKING GROUP.
new text end

new text begin (a) A working group is hereby established to investigate and recommend to the
legislature requirements for additional options for voting equipment that complies with
the requirements of section 301 of the Help America Vote Act, Public Law 107-252, to
provide private and independent voting for individuals with disabilities.
new text end

new text begin The working group must be cochaired by representatives of the Minnesota Disability
Law Center and Citizens for Election Integrity - Minnesota.
new text end

new text begin (b) The working group must convene its first meeting by June 2006 and must report
to the legislature by February 15, 2007.
new text end

new text begin (c) The working group must include, but is not limited to:
new text end

new text begin (1) the disability community;
new text end

new text begin (2) the secretary of state;
new text end

new text begin (3) county and local election officials;
new text end

new text begin (4) major and minor political parties;
new text end

new text begin (5)(i) one member of the senate majority caucus and one member of the senate
minority caucus appointed by the Subcommittee on Committees of the Committee on
Rules and Administration; and
new text end

new text begin (ii) one member of the house majority caucus and one member of the house minority
caucus appointed by the speaker;
new text end

new text begin (6) nonpartisan organizations;
new text end

new text begin (7) at least one individual with computer security expertise and knowledge of
elections; and
new text end

new text begin (8) members of the public, other than vendors of election equipment, selected
by consensus of the other members, including representatives of language and other
minorities.
new text end

new text begin (d) Members of the working group will be selected by:
new text end

new text begin (1) a representative of the Office of the Secretary of State;
new text end

new text begin (2) a representative of the county election officials;
new text end

new text begin (3) the cochairs; and
new text end

new text begin (4) two legislators representing each party.
new text end

Sec. 12. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 11 are effective the day following final enactment.
new text end