Minnesota Legislature
HF 3609
as introduced - 90th Legislature (2017 - 2018) Posted on 03/12/2018 02:12pm
Current Version - as introduced
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A bill for an act
relating to local government; providing for alternative Web site publication;
providing for Web publication of sample ballots for the state primary and general
elections; amending Minnesota Statutes 2016, sections 204D.09, subdivision 2;
204D.16; 205.16, subdivision 2; 331A.12.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 204D.09, subdivision 2, is amended to read:
Subd. 2.
Sample ballot.
At least 46 days before the state primary the county auditor
shall prepare a sample ballot for each precinct for public inspection and transmit an electronic
copy of these sample ballots to the secretary of state. The names of the candidates to be
voted for in the county shall be placed on the sample ballots, with the names of the candidates
for each office arranged in the base rotation as determined by section 206.61, subdivision
5. The county auditor shall post the sample ballots in a conspicuous place in the auditor's
office and shall cause deleted text begin themdeleted text end new text begin a noticenew text end to be published at least one week before the state primary
in at least one newspaper of general circulation in the countydeleted text begin .deleted text end new text begin directing voters to a Web site
where a precinct-specific sample ballot can be obtained. The published notice must also:
(1) contain contact information for the county auditor from whom additional ballot
information can be obtained, and (2) inform potential voters that a copy of the sample ballot
can be obtained from the county auditor if access to the Web site is unavailable.
new text end
Sec. 2.
Minnesota Statutes 2016, section 204D.16, is amended to read:
204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING;
PUBLICATION.
At least 46 days before the state general election, the county auditor shall post sample
ballots for each precinct in the auditor's office for public inspection and transmit an electronic
copy of these sample ballots to the secretary of state. No earlier than 15 days and no later
than two days before the state general election the county auditor shall cause a deleted text begin sample state
general election ballotdeleted text end new text begin noticenew text end to be published in at least one newspaper of general circulation
in the countydeleted text begin .deleted text end new text begin directing voters to a Web site where a precinct-specific sample ballot can be
obtained. The published notice must also: (1) contain contact information for the county
auditor from whom additional ballot information can be obtained, and (2) inform potential
voters that a copy of the sample ballot can be obtained from the county auditor if access to
the Web site is unavailable.
new text end
Sec. 3.
Minnesota Statutes 2016, section 205.16, subdivision 2, is amended to read:
Subd. 2.
Sample ballot, publication.
For every municipal election, the municipal clerk
shall, at least two weeks before the election, publish a deleted text begin sample ballotdeleted text end new text begin noticenew text end in the official
newspaper of the municipalitydeleted text begin , except that thedeleted text end new text begin directing voters to a Web site where a
precinct-specific sample ballot can be obtained. The published notice must also: (1) contain
contact information for the municipal clerk from whom additional ballot information can
be obtained, and (2) inform potential voters that a copy of the sample ballot can be obtained
from the municipal clerk if access to the Web site is unavailable. Thenew text end governing body of a
fourth class city or a town not located within a metropolitan county as defined in section
473.121 may dispense with publication.
Sec. 4.
Minnesota Statutes 2016, section 331A.12, is amended to read:
331A.12 WEB SITE deleted text begin ADVERTISEMENT FOR TRANSPORTATION PROJECT
BIDSdeleted text end new text begin PUBLICATIONnew text end .
Subdivision 1.
Definitions.
(a) The terms defined in this subdivision and section 331A.01
apply to this section.
(b) "Web site" means a specific, addressable location provided on a server connected to
the Internet and hosting World Wide Web pages and other files that are generally accessible
on the Internet all or most of the day.
Subd. 2.
Designation.
At the meeting of the governing body of a political subdivision
at which the governing body designates its official newspaper for the year, the governing
body may designate in the same manner publication of transportation projectsnew text begin , proceedings,
official notices, and summariesnew text end on the political subdivision's Web site. Publication on the
Web site may be used in place of or in addition to any other required form of publication.
Each year after designating publication on the Web site for transportation projects,
new text begin proceedings, official notices, and summaries, new text end the political subdivision must publish, in a
qualified newspaper in the jurisdiction and on the Web site, notice that the political
subdivision will publish any advertisements for bidsnew text begin , proceedings, official notices, and
summariesnew text end on its Web site.
Subd. 3.
Form, time for publication same.
A political subdivision that publishes on
its Web site under this section must post the information in substantially the same format
and for the same period of time as required for publication in an official newspaper or other
print publication.
Subd. 4.
Record retention.
A political subdivision that publishes notice on its Web site
under this section must ensure that a permanent record of publication is maintained in a
form accessible by the public.
new text begin Subd. 5. new text end
new text begin Print copies. new text end
new text begin
When a political subdivision publishes exclusively on its Web
site, it must also make print copies of all published documents available at the main office
of the political subdivision, any other government offices designated by the political
subdivision, all public libraries within the political subdivision, and by mail upon request.
new text end
new text begin Subd. 6. new text end
new text begin Newspaper notice of Web site publication. new text end
new text begin
Each year after designating
alternative publication on the Web site, the political subdivision must publish notice of the
alternative means of publication in a qualified newspaper in the jurisdiction and on the Web
site.
new text end
new text begin Subd. 7. new text end
new text begin Accessibility. new text end
new text begin
A political subdivision must not publish exclusively on its Web
site unless the Web site is accessible to individuals with disabilities in compliance with
Code of Federal Regulations, title 28, section 35.149, of the Americans with Disabilities
Act.
new text end
new text begin Subd. 8. new text end
new text begin Affidavit required. new text end
new text begin
When a political subdivision publishes exclusively on its
Web site, the individual who posts the information must file an affidavit listing the name
of the individual who posted the information and the date and time of posting. The political
subdivision must retain affidavits prepared under this subdivision pursuant to the records
retention schedule adopted by the political subdivision under section 138.17, subdivision
7, and make the affidavits available to the public upon request.
new text end