HF 3699

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A bill for an act

1.2relating to elections; authorizing use of certain ballots; providing for discretionary
1.3partial recounts; specifying certain procedures; changing certain voting system
1.4requirements; transferring certain funds;amending Minnesota Statutes 2006,
1.5sections 203B.227, as added; 204C.35, subdivisions 1, 2; 204C.36, subdivision
1.62; 206.57, by adding subdivisions; 206.89, subdivision 2; Minnesota Statutes
1.72007 Supplement, section 206.57, subdivision 5; Laws 2007, chapter 148, article
1.81, section 7.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2006, section 203B.227, as added by Laws 2008, chapter
1.11190, section 9, is amended to read:
1.12203B.227 WRITE-IN ABSENTEE BALLOT.
1.13    An eligible A voter who will be outside the territorial limits of the United States
1.14during the 180 days prior to the state general election described in section 203B.16,
1.15subdivision 1, may use a state write-in absentee ballot or the federal write-in absentee
1.16ballot to vote in any federal, state, or local election. In a state or local election, a vote for a
1.17political party without specifying the name of a candidate must not be counted.
1.18EFFECTIVE DATE.This section is effective for elections held after June 1, 2008.

1.19    Sec. 2. Minnesota Statutes 2006, section 204C.35, subdivision 1, is amended to read:
1.20    Subdivision 1. Automatic recounts. (a) In a state primary when the difference
1.21between the votes cast for the candidates for nomination to a statewide federal office,
1.22state constitutional office, statewide judicial office, congressional office, state legislative
1.23office, or district judicial office:
2.1    (1) is less than one-half of one percent of the total number of votes counted for
2.2that nomination; or
2.3    (2) is ten votes or less and the total number of votes cast for the nomination is 400
2.4votes or less;
2.5and the difference determines the nomination, the canvassing board with responsibility for
2.6declaring the results for that office shall manually recount the vote.
2.7    (b) In a state general election when the difference between the votes of a candidate
2.8who would otherwise be declared elected to a statewide federal office, state constitutional
2.9office, statewide judicial office, congressional office, state legislative office, or district
2.10judicial office and the votes of any other candidate for that office:
2.11    (1) is less than one-half of one percent of the total number of votes counted for
2.12that office; or
2.13    (2) is ten votes or less if the total number of votes cast for the office is 400 votes or
2.14less,
2.15the canvassing board shall manually recount the votes.
2.16    (c) A recount must not delay any other part of the canvass. The results of the recount
2.17must be certified by the canvassing board as soon as possible.
2.18    (d) Time for notice of a contest for an office which is recounted pursuant to this
2.19section shall begin to run upon certification of the results of the recount by the canvassing
2.20board.
2.21    (e) A losing candidate may waive a recount required pursuant to this section by
2.22filing a written notice of waiver with the canvassing board.

2.23    Sec. 3. Minnesota Statutes 2006, section 204C.35, subdivision 2, is amended to read:
2.24    Subd. 2. Optional Discretionary candidate recount. (a) A losing candidate whose
2.25name was on the ballot for nomination or election to a statewide federal office, state
2.26constitutional office, statewide judicial office, congressional office, state legislative office,
2.27or district judicial office may request a recount in a manner provided in this section at the
2.28candidate's own expense when the vote difference is greater than the difference required
2.29by this section. The votes shall be manually recounted as provided in this section if the
2.30candidate files a request during the time for filing notice of contest of the primary or
2.31election for which a recount is sought.
2.32    (b) The requesting candidate shall file with the filing officer a bond, cash, or surety
2.33in an amount set by the filing officer for the payment of the recount expenses. The
2.34requesting candidate is responsible for the following expenses: the compensation of the
2.35secretary of state, or designees, and any election judge, municipal clerk, county auditor,
3.1administrator, or other personnel who participate in the recount; the costs of computer
3.2operation, preparation of ballot counting equipment, necessary supplies and travel
3.3related to the recount; the compensation of the appropriate canvassing board and costs of
3.4preparing for the canvass of recount results; and any attorney fees incurred in connection
3.5with the recount by the governing body responsible for the recount.
3.6    (c) The requesting candidate may provide the filing officer with a list of up to three
3.7precincts that are to be recounted first and may waive the balance of the recount after these
3.8precincts have been counted. If the candidate provides a list, the recount official must
3.9determine the expenses for those precincts in the manner provided by paragraph (b).
3.10    (d) If the winner of the race is changed by the optional recount, the cost of the
3.11recount must be paid by the jurisdiction conducting the recount.
3.12    (e) If a result of the vote counting in the manual recount is different from the result
3.13of the vote counting reported on election day by a margin greater than the standard for
3.14acceptable performance of voting systems provided in section 206.89, subdivision 4, the
3.15cost of the recount must be paid by the jurisdiction conducting the recount.

3.16    Sec. 4. Minnesota Statutes 2006, section 204C.36, subdivision 2, is amended to read:
3.17    Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination
3.18or election to a county, municipal, or school district office may request a recount in the
3.19manner provided in this section at the candidate's own expense when the vote difference is
3.20greater than the difference required by subdivision 1, clauses (a) to (e). The votes shall
3.21be manually recounted as provided in this section if the requesting candidate files with
3.22the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an
3.23amount set by the governing body of the jurisdiction or the school board of the school
3.24district for the payment of the recount expenses.
3.25    (b) The requesting candidate may provide the filing officer with a list of up to three
3.26precincts that are to be recounted first and may waive the balance of the recount after these
3.27precincts have been counted. If the candidate provides a list the recount official must
3.28determine the expenses for those precincts in the manner provided by paragraph (b).
3.29    (c) If the winner of the race is changed by the optional recount, the cost of the
3.30recount must be paid by the jurisdiction conducting the recount.
3.31    (d) If a result of the vote counting in the manual recount is different from the result
3.32of the vote counting reported on election day by a margin greater than the standard for
3.33acceptable performance of voting systems provided in section 206.89, subdivision 4, the
3.34cost of the recount must be paid by the jurisdiction conducting the recount.

4.1    Sec. 5. Minnesota Statutes 2007 Supplement, section 206.57, subdivision 5, is
4.2amended to read:
4.3    Subd. 5. Voting system for disabled voters. In federal and state elections held after
4.4December 31, 2005; in county, city, and school district elections held after December
4.531, 2007; and, except as provided in subdivision 5a, in township elections held after
4.6December 31, 2009, the voting method used in each polling place must include a voting
4.7system that is accessible for individuals with disabilities, including nonvisual accessibility
4.8for the blind and visually impaired in a manner that provides the same opportunity for
4.9access and participation, including privacy and independence, as for other voters.

4.10    Sec. 6. Minnesota Statutes 2006, section 206.57, is amended by adding a subdivision
4.11to read:
4.12    Subd. 5a. Limited town exemptions. (a) A town conducting an election not held
4.13in conjunction with any federal, state, county, or school district election is exempt from
4.14the requirements of subdivision 5 if the town has fewer than 500 registered voters, as
4.15determined by the secretary of state by June 1 of each year.
4.16    (b) A town that would otherwise satisfy the requirements of this subdivision is
4.17still required to comply with subdivision 5 at its next general town election if the voters
4.18at the preceding year's annual town meeting instruct the town to conduct elections in
4.19compliance with subdivision 5.
4.20    (c) If the secretary of state, after consultation with the Minnesota Association of
4.21Townships, county auditors, or other interested parties, determines that a town's share
4.22of the cost of compliance with subdivision 5 will not exceed $150 for an election, the
4.23town may not use the exemption under paragraph (a) and shall conduct elections under
4.24subdivision 5. In determining the town's cost of compliance, the secretary shall include
4.25any expense associated with programming, ballot preparation and printing, and the
4.26equipment costs directly related to compliance with subdivision 5.

4.27    Sec. 7. Minnesota Statutes 2006, section 206.57, is amended by adding a subdivision
4.28to read:
4.29    Subd. 5b. Township voting equipment study. (a) Beginning in 2009 and at least
4.30once every other year until 2016, the secretary of state shall consult with interested parties,
4.31including, but not limited to, members of the legislature, town officers, county election
4.32officials, the National Federation of the Blind, the Minnesota State Council on Disability,
4.33and the Disability Law Center regarding:
5.1    (1) options for full compliance with Minnesota Statutes, section 206.57, subdivision
5.25; and
5.3    (2) ongoing costs of compliance with Minnesota Statutes, section 206.57,
5.4subdivision 5, and methods of reducing those costs.
5.5    (b) Beginning January 15, 2010, and until January 15, 2017, the secretary of state
5.6shall report to the chairs and ranking minority members of the legislative committees
5.7and divisions with jurisdiction over elections policy and finance regarding the findings,
5.8discussions, and developments under paragraph (a).

5.9    Sec. 8. Minnesota Statutes 2006, section 206.89, subdivision 2, is amended to read:
5.10    Subd. 2. Selection for review; notice. At the canvass of the state primary, the
5.11county canvassing board in each county must set the date, time, and place for the
5.12postelection review of the state general election to be held under this section.
5.13    At the canvass of the state general election, the county canvassing boards must select
5.14the precincts to be reviewed by lot. The county canvassing board of a county with fewer
5.15than 50,000 registered voters must conduct a postelection review of a total of select at
5.16least two precincts for postelection review. The county canvassing board of a county with
5.17between 50,000 and 100,000 registered voters must conduct a review of a total of select
5.18at least three precincts for review. The county canvassing board of a county with over
5.19100,000 registered voters must conduct a review of a total of select at least four precincts,
5.20or three percent of the total number of precincts in the county, whichever is greater. The
5.21precincts must be selected by lot at a public meeting. At least one precinct selected in each
5.22county must have had more than 150 votes cast at the general election.
5.23    The county auditor must notify the secretary of state of the precincts that have been
5.24chosen for review and the time and place the postelection review for that county will be
5.25conducted, as soon as the decisions are made. If the selection of precincts has not resulted
5.26in the selection of at least four precincts in each congressional district, the secretary of state
5.27may require counties to select by lot additional precincts to meet the congressional district
5.28requirement. The secretary of state must post this information on the office Web site.

5.29    Sec. 9. Laws 2007, chapter 148, article 1, section 7, is amended to read:

5.30

Sec. 7. SECRETARY OF STATE

$

9,019,000

$

6,497,000

5.31	Appropriations by Fund
5.32		2008	2009
5.33	General	6,175,000	6,497,000
5.34	Special Revenue	2,844,000

6.1(a) $310,000 of this appropriation must be
6.2transferred to the Help America Vote Act
6.3account and is designated as a portion of the
6.4match required by section 253(b)(5) of the
6.5Help America Vote Act.
6.6(b) $2,844,000 the first year is appropriated
6.7from the Help America Vote Act account for
6.8the purposes and uses authorized by federal
6.9law. This appropriation is available until
6.10June 30, 2009.
6.11(c) Notwithstanding Laws 2005, chapter
6.12162, section 34, subdivision 7, any balance
6.13remaining in the Help America Vote Act
6.14account after previous appropriations and the
6.15appropriations in this section is appropriated
6.16to the secretary of state for the purposes of
6.17the account. This appropriation is available
6.18until June 30, 2011.
6.19(d) The amount necessary to meet federal
6.20requirements for interest payments and the
6.21additional match for the Help America Vote
6.22Act account is transferred from the general
6.23fund appropriation to the Help America Vote
6.24Act account.
6.25EFFECTIVE DATE.This section is effective the day following final enactment.