HF 874

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

  1.1                          A bill for an act 
  1.2             relating to elections; setting standards for and 
  1.3             providing for the acquisition of electronic voting 
  1.4             systems; appropriating money from the Help America 
  1.5             Vote Act account; amending Minnesota Statutes 2004, 
  1.6             sections 201.022, by adding a subdivision; 206.56, 
  1.7             subdivisions 2, 3, 7, 8, 9, by adding subdivisions; 
  1.8             206.57, subdivisions 1, 5; 206.61, subdivisions 4, 5; 
  1.9             206.80; 206.81; 206.82, subdivision 1; 206.83; 206.84, 
  1.10            subdivisions 1, 3, 6; 206.90, subdivisions 1, 5, 6, 8, 
  1.11            9; proposing coding for new law in Minnesota Statutes, 
  1.12            chapter 206. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2004, section 201.022, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 3.  [CONSULTATION WITH LOCAL OFFICIALS.] The 
  1.17  secretary of state must consult with representatives of local 
  1.18  election officials in the development of the statewide voter 
  1.19  registration system.  
  1.20     Sec. 2.  Minnesota Statutes 2004, section 206.56, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 1a.  [ASSISTIVE VOTING TECHNOLOGY.] "Assistive voting 
  1.23  technology" means touch-activated screen, buttons, keypad, 
  1.24  sip-and-puff input device, keyboard, earphones, or any other 
  1.25  device used with an electronic ballot marker that assists voters 
  1.26  to use an audio or electronic ballot display in order to cast 
  1.27  votes. 
  1.28     Sec. 3.  Minnesota Statutes 2004, section 206.56, is 
  1.29  amended by adding a subdivision to read: 
  2.1      Subd. 1b.  [AUDIO BALLOT READER.] "Audio ballot reader" 
  2.2   means an audio representation of a ballot that can be used with 
  2.3   other assistive voting technology to permit a voter to mark 
  2.4   votes on a nonelectronic ballot or to transmit a ballot 
  2.5   electronically to automatic tabulating equipment. 
  2.6      Sec. 4.  Minnesota Statutes 2004, section 206.56, 
  2.7   subdivision 2, is amended to read: 
  2.8      Subd. 2.  [AUTOMATIC TABULATING EQUIPMENT.] "Automatic 
  2.9   tabulating equipment" includes apparatus machines, resident 
  2.10  firmware, and programmable memory units necessary to 
  2.11  automatically examine and count votes designated on a 
  2.12  ballot cards, and data processing machines which can be used for 
  2.13  counting ballots and tabulating results.  
  2.14     Sec. 5.  Minnesota Statutes 2004, section 206.56, 
  2.15  subdivision 3, is amended to read: 
  2.16     Subd. 3.  [BALLOT.] "Ballot" includes ballot cards and 
  2.17  paper ballots; ballot cards; the paper ballot marked by an 
  2.18  electronic marking device; and an electronic record of each vote 
  2.19  choice made by a voter at an election and transmitted 
  2.20  electronically to automatic tabulating equipment.  
  2.21     Sec. 6.  Minnesota Statutes 2004, section 206.56, 
  2.22  subdivision 7, is amended to read: 
  2.23     Subd. 7.  [COUNTING CENTER.] "Counting center" means a 
  2.24  place selected by the governing body of a municipality where an 
  2.25  a central count electronic voting system is used for the 
  2.26  automatic processing and counting of ballots.  
  2.27     Sec. 7.  Minnesota Statutes 2004, section 206.56, is 
  2.28  amended by adding a subdivision to read: 
  2.29     Subd. 7a.  [ELECTRONIC BALLOT DISPLAY.] "Electronic ballot 
  2.30  display" means a graphic representation of a ballot on a 
  2.31  computer monitor or screen on which a voter may make vote 
  2.32  choices for candidates and questions for the purpose of marking 
  2.33  a nonelectronic ballot or transmitting an electronic ballot. 
  2.34     Sec. 8.  Minnesota Statutes 2004, section 206.56, is 
  2.35  amended by adding a subdivision to read: 
  2.36     Subd. 7b.  [ELECTRONIC BALLOT MARKER.] "Electronic ballot 
  3.1   marker" means equipment that is part of an electronic voting 
  3.2   system that uses an electronic ballot display or audio ballot 
  3.3   reader to:  
  3.4      (1) mark a nonelectronic ballot with votes selected by a 
  3.5   voter; or 
  3.6      (2) transmit a ballot electronically to automatic 
  3.7   tabulating equipment. 
  3.8      Sec. 9.  Minnesota Statutes 2004, section 206.56, 
  3.9   subdivision 8, is amended to read: 
  3.10     Subd. 8.  [ELECTRONIC VOTING SYSTEM.] "Electronic voting 
  3.11  system" means a system in which the voter records votes by means 
  3.12  of marking or transmitting a ballot, which is designed so that 
  3.13  votes may be counted by automatic tabulating equipment in the 
  3.14  precinct or polling place where the ballot is cast or at a 
  3.15  counting center. 
  3.16     An electronic voting system includes automatic tabulating 
  3.17  equipment; nonelectronic ballot markers; electronic ballot 
  3.18  markers, including electronic ballot display, audio ballot 
  3.19  reader, and devices by which the voter will register the voter's 
  3.20  voting intent; software used to program automatic tabulators and 
  3.21  layout ballots; computer programs used to accumulate precinct 
  3.22  results; ballots; secrecy folders; system documentation; and 
  3.23  system testing results.  
  3.24     Sec. 10.  Minnesota Statutes 2004, section 206.56, 
  3.25  subdivision 9, is amended to read: 
  3.26     Subd. 9.  [MANUAL MARKING DEVICE.] "Manual marking device" 
  3.27  means any approved device for directly marking a ballot by hand 
  3.28  with ink, pencil, or other substance which will enable the 
  3.29  ballot to be tabulated by means of automatic tabulating 
  3.30  equipment.  
  3.31     Sec. 11.  Minnesota Statutes 2004, section 206.57, 
  3.32  subdivision 1, is amended to read: 
  3.33     Subdivision 1.  [EXAMINATION AND REPORT BY SECRETARY OF 
  3.34  STATE; APPROVAL.] A vendor of an electronic voting system may 
  3.35  apply to the secretary of state to examine the system and to 
  3.36  report as to its compliance with the requirements of law and as 
  4.1   to its accuracy, durability, efficiency, and capacity to 
  4.2   register the will of voters.  The secretary of state or a 
  4.3   designee shall examine the system submitted and file a report on 
  4.4   it in the Office of the Secretary of State.  Examination is not 
  4.5   required of every individual machine or counting device, but 
  4.6   only of each type of electronic voting system before its 
  4.7   adoption, use, or purchase and before its continued use after 
  4.8   significant changes have been made in an approved system.  The 
  4.9   examination must include the ballot programming,; electronic 
  4.10  ballot marking, including all assistive technologies intended to 
  4.11  be used with the system; vote counting,; and vote accumulation 
  4.12  functions of each voting system. 
  4.13     If the report of the secretary of state or the secretary's 
  4.14  designee concludes that the kind of system examined complies 
  4.15  with the requirements of sections 206.55 to 206.90 and can be 
  4.16  used safely, the system shall be deemed approved by the 
  4.17  secretary of state, and may be adopted and purchased for use at 
  4.18  elections in this state.  A voting system not approved by the 
  4.19  secretary of state may not be used at an election in this 
  4.20  state.  The secretary of state may adopt permanent rules 
  4.21  consistent with sections 206.55 to 206.90 relating to the 
  4.22  examination and use of electronic voting systems.  
  4.23     Sec. 12.  Minnesota Statutes 2004, section 206.57, 
  4.24  subdivision 5, is amended to read: 
  4.25     Subd. 5.  [VOTING SYSTEM FOR DISABLED VOTERS.] In federal 
  4.26  and state elections held after December 31, 2005, and in county, 
  4.27  municipal, and school district elections held after December 31, 
  4.28  2007, the voting method used in each polling place must include 
  4.29  a voting system that is accessible for individuals with 
  4.30  disabilities, including nonvisual accessibility for the blind 
  4.31  and visually impaired in a manner that provides the same 
  4.32  opportunity for access and participation, including privacy and 
  4.33  independence, as for other voters. 
  4.34     Sec. 13.  Minnesota Statutes 2004, section 206.61, 
  4.35  subdivision 4, is amended to read: 
  4.36     Subd. 4.  [ORDER OF CANDIDATES.] On the "State Partisan 
  5.1   Primary Ballot" prepared for primary elections, and on the white 
  5.2   ballot prepared for the general election, the order of the names 
  5.3   of nominees or names of candidates for election shall be the 
  5.4   same as required for paper ballots.  More than one column or row 
  5.5   may be used for the same office or party.  Electronic ballot 
  5.6   display and audio ballot readers must conform to the candidate 
  5.7   order on the optical scan ballot used in the precinct. 
  5.8      Sec. 14.  Minnesota Statutes 2004, section 206.61, 
  5.9   subdivision 5, is amended to read: 
  5.10     Subd. 5.  [ALTERNATION.] The provisions of the election 
  5.11  laws requiring the alternation of names of candidates must be 
  5.12  observed as far as practicable by changing the order of the 
  5.13  names on an electronic voting system in the various precincts so 
  5.14  that each name appears on the machines or marking devices used 
  5.15  in a municipality substantially an equal number of times in the 
  5.16  first, last, and in each intermediate place in the list or group 
  5.17  in which they belong.  However, the arrangement of candidates' 
  5.18  names must be the same on all voting systems used in the same 
  5.19  precinct.  If the number of names to be alternated exceeds the 
  5.20  number of precincts, the election official responsible for 
  5.21  providing the ballots, in accordance with subdivision 1, shall 
  5.22  determine by lot the alternation of names. 
  5.23     If an electronic ballot marker is used with a paper ballot 
  5.24  that is not an optical scan ballot card, the manner of 
  5.25  alternation of candidate names on the paper ballot must be as 
  5.26  prescribed for optical scan ballots in this subdivision.  If a 
  5.27  machine is used to transmit a ballot electronically to automatic 
  5.28  tabulating equipment, the manner of alternation of candidate 
  5.29  names on the transmitting machine must be as prescribed for 
  5.30  optical scan ballots in this subdivision.  
  5.31     Sec. 15.  Minnesota Statutes 2004, section 206.80, is 
  5.32  amended to read: 
  5.33     206.80 [ELECTRONIC VOTING SYSTEMS.] 
  5.34     (a) An electronic voting system may not be employed unless 
  5.35  it: 
  5.36     (1) permits every voter to vote in secret; 
  6.1      (2) permits every voter to vote for all candidates and 
  6.2   questions for whom or upon which the voter is legally entitled 
  6.3   to vote; 
  6.4      (3) provides for write-in voting when authorized; 
  6.5      (4) automatically rejects by means of the automatic 
  6.6   tabulating equipment, except as provided in section 206.84 with 
  6.7   respect to write-in votes, all votes for an office or question 
  6.8   when the number of votes cast on it exceeds the number which the 
  6.9   voter is entitled to cast; 
  6.10     (5) permits a voter at a primary election to select 
  6.11  secretly the party for which the voter wishes to vote; and 
  6.12     (6) automatically rejects, by means of the automatic 
  6.13  tabulating equipment, all votes cast in a primary election by a 
  6.14  voter when the voter votes for candidates of more than one 
  6.15  party; and 
  6.16     (7) provides every voter an opportunity to verify votes 
  6.17  electronically and to change votes or correct any error before 
  6.18  the voter's ballot is cast and counted, produces a permanent 
  6.19  paper record of the ballot cast by the voter, and preserves the 
  6.20  paper record as an official record available for use in any 
  6.21  recount. 
  6.22     (b) An electronic voting system purchased on or after the 
  6.23  effective date of this section may not be employed unless it: 
  6.24     (1) accepts and tabulates, in the precinct or at a counting 
  6.25  center, a marked optical scan ballot; 
  6.26     (2) creates a marked optical scan ballot that can be 
  6.27  tabulated in the precinct or at a counting center by automatic 
  6.28  tabulating equipment certified for use in this state; or 
  6.29     (3) securely transmits a ballot electronically to automatic 
  6.30  tabulating equipment in the precinct or at a counting center 
  6.31  while creating an individual, discrete, permanent paper record 
  6.32  of all the votes on the ballot.  
  6.33     Sec. 16.  [206.805] [STATE VOTING SYSTEMS CONTRACTS.] 
  6.34     Subdivision 1.  [CONTRACTS REQUIRED.] (a) The secretary of 
  6.35  state, in cooperation with the commissioner of administration, 
  6.36  shall establish one or more state voting systems contracts.  The 
  7.1   contracts should, if practical, include provisions for 
  7.2   maintenance of the equipment purchased.  The contracts must give 
  7.3   the state a perpetual license to use and modify the software.  
  7.4   The contracts must include provisions to escrow the software 
  7.5   source code, as provided in subdivision 2.  The contracts must 
  7.6   provide that, if cumulative voting or ranked order voting is 
  7.7   authorized by law for use in a jurisdiction in this state, the 
  7.8   vendor will then provide any purchaser of equipment purchased 
  7.9   under the contract and used in that jurisdiction with the 
  7.10  necessary firmware to support the authorized methods of voting.  
  7.11  Bids for voting systems and related election services must be 
  7.12  solicited from each vendor selling or leasing voting systems 
  7.13  that have been certified for use by the secretary of state.  The 
  7.14  contracts must be renewed no later than July 1 of each 
  7.15  odd-numbered year.  
  7.16     (b) The secretary of state shall appoint an advisory 
  7.17  committee of county auditors, municipal clerks who have had 
  7.18  operational experience with the use of electronic voting 
  7.19  systems, and members of the disabilities community to assist the 
  7.20  commissioner of administration to review and evaluate the merits 
  7.21  of proposals submitted from voting equipment vendors for the 
  7.22  state contracts.  Appointments to the committee must be made in 
  7.23  the manner provided in section 15.0597. 
  7.24     (c) Counties and municipalities may purchase or lease 
  7.25  voting systems and obtain related election services from the 
  7.26  state contracts. 
  7.27     Subd. 2.  [ESCROW OF SOURCE CODE.] The contracts must 
  7.28  require the voting system vendor to provide a copy of the source 
  7.29  code for the voting system to an independent third-party 
  7.30  evaluator selected by the vendor, the secretary of state, and 
  7.31  the chairs of the major political parties.  The evaluator must 
  7.32  examine the source code and certify to the secretary of state 
  7.33  that the voting system will record and count votes as 
  7.34  represented by the vendor.  Source code that is trade secret 
  7.35  information must be treated as nonpublic information, in 
  7.36  accordance with section 13.37.  Each major political party may 
  8.1   designate an agent to examine the source code to verify that the 
  8.2   voting system will record and count votes as represented by the 
  8.3   vendor; the agent must not disclose the source code to anyone 
  8.4   else. 
  8.5      Sec. 17.  Minnesota Statutes 2004, section 206.81, is 
  8.6   amended to read: 
  8.7      206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 
  8.8      (a) The secretary of state may approve certify an 
  8.9   electronic voting system for experimental use at an election 
  8.10  prior to its approval for general use. 
  8.11     (b) The secretary of state must approve certify one or more 
  8.12  direct recording electronic voting systems for experimental use 
  8.13  at an election before their approval certification for general 
  8.14  use and may impose restrictions on their use.  At least one 
  8.15  voting system approved certified under this paragraph must 
  8.16  permit sighted persons to vote and at least one system must 
  8.17  permit a blind or visually impaired voter to cast a ballot 
  8.18  independently and privately.  
  8.19     (c) Experimental use must be observed by the secretary of 
  8.20  state or the secretary's designee and the results observed must 
  8.21  be considered at any subsequent proceedings for 
  8.22  approval certification for general use. 
  8.23     (d) The secretary of state may adopt rules consistent with 
  8.24  sections 206.55 to 206.90 relating to experimental use.  The 
  8.25  extent of experimental use must be determined by the secretary 
  8.26  of state. 
  8.27     Sec. 18.  Minnesota Statutes 2004, section 206.82, 
  8.28  subdivision 1, is amended to read: 
  8.29     Subdivision 1.  [PROGRAM.] A program or programs for use in 
  8.30  an election conducted by means of an electronic voting system or 
  8.31  using an electronic ballot marker shall be prepared at the 
  8.32  direction of the county auditor or municipal clerk who is 
  8.33  responsible for the conduct of the election and shall be 
  8.34  independently verified by a competent person designated by that 
  8.35  official.  The term "competent person" as used in this section 
  8.36  means a person who can demonstrate knowledge as a computer 
  9.1   programmer and who is other than and wholly independent of any 
  9.2   person operating or employed by the counting center or the 
  9.3   corporation or other preparer of the program.  A test deck 
  9.4   prepared by a competent person shall be used for independent 
  9.5   verification of the program; it shall test the maximum digits 
  9.6   used in totaling the returns and shall be usable by insertion 
  9.7   during the tabulation process as well as prior to tabulation.  A 
  9.8   test deck must also be prepared using the electronic ballot 
  9.9   marker program and must also be used to verify that all valid 
  9.10  votes counted by the vote tabulator may be selected using the 
  9.11  electronic ballot marker.  The secretary of state shall adopt 
  9.12  rules further specifying test procedures.  
  9.13     Sec. 19.  Minnesota Statutes 2004, section 206.83, is 
  9.14  amended to read: 
  9.15     206.83 [TESTING OF VOTING SYSTEMS.] 
  9.16     Within 14 days before election day, the official in charge 
  9.17  of elections shall have the voting system tested to ascertain 
  9.18  that the system will correctly mark or securely transmit to 
  9.19  automatic tabulating equipment in the precinct ballots using all 
  9.20  methods supported by the system, including through assistive 
  9.21  technology, and count the votes cast for all candidates and on 
  9.22  all questions within 14 days prior to election day.  Public 
  9.23  notice of the time and place of the test must be given at least 
  9.24  two days in advance by publication once in official newspapers.  
  9.25  The test must be observed by at least two election judges, who 
  9.26  are not of the same major political party, and must be open to 
  9.27  representatives of the political parties, candidates, the press, 
  9.28  and the public.  The test must be conducted by (1) processing a 
  9.29  preaudited group of ballots punched or marked to record a 
  9.30  predetermined number of valid votes for each candidate and on 
  9.31  each question, and must include for each office one or more 
  9.32  ballot cards which have votes in excess of the number allowed by 
  9.33  law in order to test the ability of the voting system tabulator 
  9.34  and electronic ballot marker to reject those votes; and (2) 
  9.35  processing an additional test deck of ballots marked using the 
  9.36  electronic ballot marker to be employed in the precinct, 
 10.1   including ballots marked or ballots transmitted electronically 
 10.2   to automatic tabulating equipment in the precinct using the 
 10.3   electronic ballot display, audio ballot reader, and each of the 
 10.4   assistive voting peripheral devices used with the electronic 
 10.5   ballot marker.  If any error is detected, the cause must be 
 10.6   ascertained and corrected and an errorless count must be made 
 10.7   before the voting system may be used in the election.  After the 
 10.8   completion of the test, the programs used and ballot cards must 
 10.9   be sealed, retained, and disposed of as provided for paper 
 10.10  ballots. 
 10.11     Sec. 20.  Minnesota Statutes 2004, section 206.84, 
 10.12  subdivision 1, is amended to read: 
 10.13     Subdivision 1.  [INSTRUCTION OF JUDGES, VOTERS.] The 
 10.14  officials in charge of elections shall determine procedures to 
 10.15  instruct election judges and voters in the use of electronic 
 10.16  voting system manual marking devices and the electronic ballot 
 10.17  marker, including assistive peripheral devices.  
 10.18     Sec. 21.  Minnesota Statutes 2004, section 206.84, 
 10.19  subdivision 3, is amended to read: 
 10.20     Subd. 3.  [BALLOTS.] The ballot information must be in the 
 10.21  same order provided for paper ballots, except that the 
 10.22  information may be in vertical or horizontal rows, or on a 
 10.23  number of separate pages.  The secretary of state shall provide 
 10.24  by rule for standard ballot formats for electronic voting 
 10.25  systems.  Electronic ballot displays and audio ballot readers 
 10.26  shall be in the order provided for on the optical scan ballot.  
 10.27  Electronic ballot displays may employ zooms or other devices as 
 10.28  assistive voting technology.  Audio ballot readers may employ 
 10.29  rewinds or audio cues as assistive voting technology.  
 10.30     Ballot cards may contain special printed marks and holes as 
 10.31  required for proper positioning and reading of the ballots by 
 10.32  electronic vote counting equipment.  Ballot cards must contain 
 10.33  an identification of the precinct for which they have been 
 10.34  prepared which can be read visually and which can be tabulated 
 10.35  by the automatic tabulating equipment. 
 10.36     Sec. 22.  Minnesota Statutes 2004, section 206.84, 
 11.1   subdivision 6, is amended to read: 
 11.2      Subd. 6.  [DUTIES OF OFFICIAL IN CHARGE.] The official in 
 11.3   charge of elections in each municipality where an electronic 
 11.4   voting system is used shall have the voting systems put in 
 11.5   order, set, adjusted, and made ready for voting when delivered 
 11.6   to the election precincts.  The official shall also provide each 
 11.7   precinct with a container for transporting ballot cards to the 
 11.8   counting location after the polls close.  The container shall be 
 11.9   of sturdy material to protect the ballots from all reasonably 
 11.10  foreseeable hazards including auto collisions.  The election 
 11.11  judges shall meet at the polling place at least one hour before 
 11.12  the time for opening the polls.  Before the polls open the 
 11.13  election judges shall compare the ballot cards used with the 
 11.14  sample ballots, electronic ballot displays, and audio ballot 
 11.15  reader furnished to see that the names, numbers, and letters on 
 11.16  both agree and shall certify to that fact on forms provided for 
 11.17  the purpose.  The certification must be filed with the election 
 11.18  returns.  
 11.19     Sec. 23.  [206.845] [BALLOT RECORDING AND COUNTING 
 11.20  SECURITY.] 
 11.21     Subdivision 1.  [PROHIBITED CONNECTIONS.] The county 
 11.22  auditor and municipal clerk must secure ballot recording and 
 11.23  tabulating systems physically and electronically against 
 11.24  unauthorized access.  Except for wired connections within the 
 11.25  polling place, ballot recording and tabulating systems must not 
 11.26  be connected to or operated on, directly or indirectly, any 
 11.27  electronic network, including a local area network, a wide-area 
 11.28  network, the Internet, or the World Wide Web.  Wireless 
 11.29  communications may not be used in any way in a vote recording or 
 11.30  vote tabulating system.  Wireless, device-to-device capability 
 11.31  is not permitted.  No connection by modem is permitted. 
 11.32     Transfer of information from the ballot recording or 
 11.33  tabulating system to another system for network distribution or 
 11.34  broadcast must be made by disk, tape, or other physical means of 
 11.35  communication, other than direct or indirect electronic 
 11.36  connection of the vote recording or vote tabulating system. 
 12.1      Subd. 2.  [TRANSMISSION TO CENTRAL REPORTING 
 12.2   LOCATION.] After the close of the polls, the head election judge 
 12.3   must create a printed record of the results of the election for 
 12.4   that precinct.  After the record has been printed, the head 
 12.5   election judge in a precinct that employs automatic tabulating 
 12.6   equipment may transmit the accumulated tally for each device to 
 12.7   a central reporting location using a telephone, modem, Internet, 
 12.8   or other electronic connection.  During the canvassing period, 
 12.9   the results transmitted electronically must be considered 
 12.10  unofficial until the canvassing board has performed a complete 
 12.11  reconciliation of the results. 
 12.12     Sec. 24.  Minnesota Statutes 2004, section 206.90, 
 12.13  subdivision 1, is amended to read: 
 12.14     Subdivision 1.  [DEFINITION.] For the purposes of this 
 12.15  section, "optical scan voting system" means an electronic voting 
 12.16  system approved for use under sections 206.80 to 206.81 in which 
 12.17  the voter records votes by marking with a pencil or other 
 12.18  writing instrument device, including an electronic ballot 
 12.19  marker, a ballot on which the names of candidates, office 
 12.20  titles, party designation in a partisan primary or election, and 
 12.21  a statement of any question accompanied by the words "Yes" and 
 12.22  "No" are printed. 
 12.23     Sec. 25.  Minnesota Statutes 2004, section 206.90, 
 12.24  subdivision 5, is amended to read: 
 12.25     Subd. 5.  [INSTRUCTION OF JUDGES, VOTERS.] In instructing 
 12.26  judges and voters under section 206.84, subdivision 1, officials 
 12.27  in charge of election precincts using optical scan voting 
 12.28  systems shall include instruction on the proper mark for 
 12.29  recording votes on ballot cards marked with a pencil or other 
 12.30  writing instrument and the insertion by the voter of the ballot 
 12.31  card into automatic tabulating equipment that examines and 
 12.32  counts votes as the ballot card is deposited into the ballot box.
 12.33     Officials shall include instruction on the insertion by the 
 12.34  voter of the ballot card into an electronic ballot marker that 
 12.35  can examine votes before the ballot card is deposited into the 
 12.36  ballot box. 
 13.1      Sec. 26.  Minnesota Statutes 2004, section 206.90, 
 13.2   subdivision 6, is amended to read: 
 13.3      Subd. 6.  [BALLOTS.] In precincts using optical scan voting 
 13.4   systems, a single ballot card on which all ballot information is 
 13.5   included must be printed in black ink on white colored material 
 13.6   except that marks not to be read by the automatic tabulating 
 13.7   equipment may be printed in another color ink.  
 13.8      On the front of the ballot must be printed the words 
 13.9   "Official Ballot" and the date of the election and lines for the 
 13.10  initials of at least two election judges. 
 13.11     When optical scan ballots are used, the offices to be 
 13.12  elected must appear in the following order:  federal offices; 
 13.13  state legislative offices; constitutional offices; proposed 
 13.14  constitutional amendments; county offices and questions; 
 13.15  municipal offices and questions; school district offices and 
 13.16  questions; special district offices and questions; and judicial 
 13.17  offices. 
 13.18     On optical scan ballots, the names of candidates and the 
 13.19  words "yes" and "no" for ballot questions must be printed as 
 13.20  close to their corresponding vote targets as possible. 
 13.21     The line on an optical scan ballot for write-in votes must 
 13.22  contain the words "write-in, if any." 
 13.23     If a primary ballot contains both a partisan ballot and a 
 13.24  nonpartisan ballot, the instructions to voters must include a 
 13.25  statement that reads substantially as follows:  "THIS BALLOT 
 13.26  CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT.  ON 
 13.27  THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF 
 13.28  ONE POLITICAL PARTY ONLY."  If a primary ballot contains 
 13.29  political party columns on both sides of the ballot, the 
 13.30  instructions to voters must include a statement that reads 
 13.31  substantially as follows:  "ADDITIONAL POLITICAL PARTIES ARE 
 13.32  PRINTED ON THE OTHER SIDE OF THIS BALLOT.  VOTE FOR ONE 
 13.33  POLITICAL PARTY ONLY."  At the bottom of each political party 
 13.34  column on the primary ballot, the ballot must contain a 
 13.35  statement that reads substantially as follows:  "CONTINUE VOTING 
 13.36  ON THE NONPARTISAN BALLOT."  The instructions in section 
 14.1   204D.08, subdivision 4, do not apply to optical scan partisan 
 14.2   primary ballots.  Electronic ballot displays and audio ballot 
 14.3   readers must follow the order of offices and questions on the 
 14.4   optical scan or paper ballot used in the same precinct, or the 
 14.5   sample ballot posted for that precinct. 
 14.6      Sec. 27.  Minnesota Statutes 2004, section 206.90, 
 14.7   subdivision 8, is amended to read: 
 14.8      Subd. 8.  [DUTIES OF ELECTION OFFICIALS.] The official in 
 14.9   charge of elections in each municipality where an optical scan 
 14.10  voting system is used shall have the electronic ballot marker 
 14.11  that examines and marks votes on ballot cards or the machine 
 14.12  that transmits a ballot electronically to automatic tabulating 
 14.13  equipment in the precinct and the automatic tabulating equipment 
 14.14  that examines and counts votes as ballot cards are deposited 
 14.15  into ballot boxes put in order, set, adjusted, and made ready 
 14.16  for voting when delivered to the election precincts. 
 14.17     Sec. 28.  Minnesota Statutes 2004, section 206.90, 
 14.18  subdivision 9, is amended to read: 
 14.19     Subd. 9.  [SPOILED BALLOT CARDS.] Automatic tabulating 
 14.20  equipment and electronic ballot markers must be capable of 
 14.21  examining a ballot card for defects and returning it to the 
 14.22  voter before it is counted and deposited into the ballot box and 
 14.23  must be programmed to return as a spoiled ballot a ballot card 
 14.24  with votes for an office or question which exceed the number 
 14.25  which the voter is entitled to cast and at a primary a ballot 
 14.26  card with votes for candidates of more than one party. 
 14.27     Sec. 29.  [APPROPRIATIONS.] 
 14.28     Subdivision 1.  [ASSISTIVE VOTING TECHNOLOGY.] (a) 
 14.29  $25,000,000 is appropriated from the Help America Vote Act 
 14.30  account to the secretary of state for grants to counties to 
 14.31  purchase electronic voting systems equipped for individuals with 
 14.32  disabilities that meet the requirements of Minnesota Statutes, 
 14.33  section 206.80, and have been certified by the secretary of 
 14.34  state under Minnesota Statutes, section 206.57.  This 
 14.35  appropriation is available until June 30, 2009.  
 14.36     (b) The secretary of state shall make a grant to each 
 15.1   county in the amount of $6,100 times the number of precincts in 
 15.2   the county as certified by the county, which must not be more 
 15.3   than the number of precincts used by the county in the state 
 15.4   general election of 2004, plus $6,100 to purchase an electronic 
 15.5   voting system to be used by the county auditor for absentee and 
 15.6   mail balloting, until the appropriation is exhausted.  The grant 
 15.7   may be used either to purchase ballot marking equipment for 
 15.8   persons with disabilities and other voters or to purchase 
 15.9   assistive voting machines that combine voting methods used for 
 15.10  persons with disabilities with precinct-based optical scan 
 15.11  voting machines.  
 15.12     Subd. 2.  [OPTICAL SCAN EQUIPMENT.] $6,000,000 is 
 15.13  appropriated from the Help America Vote Act account to the 
 15.14  secretary of state for grants to counties to purchase optical 
 15.15  scan voting equipment.  Counties are eligible for grants to the 
 15.16  extent that they decide to purchase ballot marking machines and 
 15.17  as a result do not have sufficient Help America Vote Act grant 
 15.18  money remaining to also purchase a compatible precinct-based 
 15.19  optical scan machine or central count machine.  These grants 
 15.20  must be allocated to counties at a rate of $3,000 per eligible 
 15.21  precinct until the appropriation is exhausted, with priority in 
 15.22  the payment of grants to be given to counties currently using 
 15.23  hand- and central-count voting systems and counties using 
 15.24  precinct-count optical scan voting systems incompatible with 
 15.25  assistive voting systems or ballot marking machines.  This 
 15.26  appropriation is available until June 30, 2009. 
 15.27     Subd. 3.  [ASSISTIVE VOTING TECHNOLOGY OPERATING COSTS.] 
 15.28  $7,500,000 is appropriated from the Help America Vote Act 
 15.29  account to the secretary of state for grants to counties to 
 15.30  defray the operating costs of assistive voting equipment.  
 15.31  "Operating costs" include actual county and municipal costs for 
 15.32  hardware maintenance, election day technical support, software 
 15.33  licensing, system programming, voting system testing, training 
 15.34  of county or municipal staff in the use of the assistive voting 
 15.35  system, transportation of the assistive voting systems to and 
 15.36  from the polling places, and storage of the assistive voting 
 16.1   systems between elections.  Each county may submit a request for 
 16.2   no more than $600 per polling place per year until the 
 16.3   appropriation is exhausted.  This appropriation is available 
 16.4   until June 30, 2009. 
 16.5      Subd. 4.  [GRANT APPLICATION.] To receive a grant under 
 16.6   subdivisions 1 to 3, a county must apply to the secretary of 
 16.7   state on forms prescribed by the secretary of state that set 
 16.8   forth how the grant money will be spent, which must be in 
 16.9   accordance with the plan adopted under section 29.  A county may 
 16.10  submit more than one grant application, so long as the 
 16.11  appropriation remains available and the total amount granted to 
 16.12  the county does not exceed the county's allocation. 
 16.13     Subd. 5.  [REPORT.] Each county receiving a grant under 
 16.14  subdivisions 1 to 3 must report to the secretary of state by 
 16.15  January 15, 2006, the amount spent for the purchase of each kind 
 16.16  of electronic voting system and for operating costs of the 
 16.17  systems purchased.  The secretary of state shall compile this 
 16.18  information and report it to the legislature by February 15, 
 16.19  2006.  
 16.20     Subd. 6.  [ACCESS TO POLLING PLACES.] $290,000 is 
 16.21  appropriated from the Help America Vote Act account to the 
 16.22  secretary of state to make grants to counties and municipalities 
 16.23  to improve access to polling places for individuals with 
 16.24  disabilities, to be available until June 30, 2007. 
 16.25     Subd. 7.  [ADMINISTRATIVE COSTS.] (a) $54,000 is 
 16.26  appropriated from the Help America Vote Act account to the 
 16.27  commissioner of administration to establish the state voting 
 16.28  systems contract required by new Minnesota Statutes, section 
 16.29  206.805.  $36,000 is available until June 30, 2006, and $18,000 
 16.30  is available for the fiscal year ending June 30, 2007. 
 16.31     (b) $50,000 is appropriated from the Help America Vote Act 
 16.32  account to the secretary of state to establish the state voting 
 16.33  systems contract required by new Minnesota Statutes, section 
 16.34  206.805, and to administer the grants to counties and 
 16.35  municipalities under this section, to be available until June 
 16.36  30, 2007. 
 17.1      Sec. 30.  [LOCAL EQUIPMENT PLANS.] 
 17.2      (a) The county auditor shall convene a working group of all 
 17.3   city, town, and school district election officials in each 
 17.4   county to create a local equipment plan.  The working group must 
 17.5   continue to meet until the plan is completed, which must be no 
 17.6   later than September 15, 2005, or 45 days after state 
 17.7   certification of assistive voting systems, whichever is later.  
 17.8   The plan must:  
 17.9      (1) contain procedures to implement voting systems as 
 17.10  defined in Minnesota Statutes, section 206.80, in each polling 
 17.11  location; 
 17.12     (2) define who is responsible for any capital or operating 
 17.13  costs related to election equipment not covered by federal money 
 17.14  from the Help America Vote Act account; and 
 17.15     (3) outline how the federal money from the Help America 
 17.16  Vote Act account will be spent. 
 17.17     (b) A county plan must provide funding to purchase either 
 17.18  precinct-based optical scan voting equipment or assistive voting 
 17.19  machines that combine voting methods used for persons with 
 17.20  disabilities with precinct-based optical scan voting machines 
 17.21  for any precinct whose city or town requests it, if the 
 17.22  requesting city or town agrees with the county on who will be 
 17.23  responsible for operating and replacement costs related to the 
 17.24  use of the precinct-based equipment. 
 17.25     (c) The plan must be submitted to the secretary of state 
 17.26  for review and comment.  
 17.27     (d) The county board of commissioners must adopt the local 
 17.28  equipment plan after a public hearing.  Money from the Help 
 17.29  America Vote Act account may not be expended until the plan is 
 17.30  adopted.  The county auditor shall file the adopted local 
 17.31  equipment plan with the secretary of state. 
 17.32     Sec. 31.  [MAIL BALLOTING.] 
 17.33     Nothing in this act is intended to preclude the use of mail 
 17.34  balloting in those precincts where it is allowed under state law.
 17.35     Sec. 32.  [EFFECTIVE DATE.] 
 17.36     This act is effective the day following final enactment.