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Minnesota Legislature

Office of the Revisor of Statutes

HF 894

6th Engrossment - 88th Legislature (2013 - 2014) Posted on 09/10/2013 02:29pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 6th Engrossment

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A bill for an act
relating to elections; making policy, technical, and clarifying changes to
various provisions related to election law, including provisions related to
absentee voting, redistricting, ballots, registration, voting, caucuses, candidates,
recounts, campaigns, voting rights, voting data, vacancies in nomination,
and election administration; providing an electronic roster pilot project and
task force; requiring reports; appropriating money; amending Minnesota
Statutes 2012, sections 5B.06; 13.851, subdivision 10; 103C.225, subdivision
3; 103C.305, subdivision 3; 103C.311, subdivision 2; 123A.48, subdivision
14; 201.061, subdivision 3; 201.071, subdivision 2; 201.091, subdivision 8;
201.12, subdivision 3; 201.13, subdivision 1a; 201.14; 201.157; 201.275;
202A.14, subdivision 1; 203B.02, subdivision 1; 203B.04, subdivisions 1, 5;
203B.05, subdivision 1; 203B.06, subdivisions 1, 3; 203B.08, subdivision 3;
203B.081; 203B.121, subdivisions 1, 2, 3, 4, 5; 203B.227; 203B.28; 204B.04,
by adding a subdivision; 204B.13, subdivisions 1, 2, 5, by adding subdivisions;
204B.18, subdivision 2; 204B.22, subdivision 1; 204B.28, subdivision 1;
204B.32, subdivision 1; 204B.33; 204B.35, subdivision 4; 204B.36, subdivision
1; 204B.45, subdivisions 1, 2; 204B.46; 204C.14; 204C.15, subdivision 1;
204C.19, subdivision 2; 204C.25; 204C.27; 204C.35, subdivision 1, by adding
a subdivision; 204C.36, subdivision 1; 204D.08, subdivision 6; 204D.09,
subdivision 2; 204D.11, subdivisions 1, 4, 5, 6; 204D.13, subdivision 3;
204D.14, subdivisions 1, 3; 204D.15, subdivision 3; 204D.16; 204D.165;
204D.19, subdivision 2, by adding a subdivision; 205.02, subdivision 2; 205.10,
subdivision 3; 205.13, subdivision 1a; 205.16, subdivisions 4, 5; 205.17,
subdivisions 1, 3; 205A.04, by adding a subdivision; 205A.05, subdivisions
1, 2; 205A.07, subdivisions 3, 3a, 3b; 205A.08, subdivision 1; 206.57, by
adding a subdivision; 206.61, subdivision 4; 206.89, subdivision 2, by adding
a subdivision; 206.90, subdivision 6; 208.04, subdivisions 1, 2; 211B.045;
211B.37; 241.065, subdivision 2; 340A.416, subdivisions 2, 3; 340A.602;
375.20; 447.32, subdivisions 2, 3, 4; Laws 1963, chapter 276, section 2,
subdivision 2, as amended; proposing coding for new law in Minnesota Statutes,
chapters 2; 204B; repealing Minnesota Statutes 2012, sections 2.444; 2.484;
203B.04, subdivision 6; 204B.12, subdivision 2a; 204B.13, subdivisions 4,
6; 204B.22, subdivision 2; 204B.42; 204D.11, subdivisions 2, 3; 205.17,
subdivisions 2, 4; 205A.08, subdivision 4.

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

ARTICLE 1

ABSENTEE VOTING

Section 1.

Minnesota Statutes 2012, section 5B.06, is amended to read:


5B.06 VOTING BY PROGRAM PARTICIPANT; ABSENTEE BALLOT.

A program participant who is otherwise eligible to vote may register with the secretary
of state as deleted text beginan ongoingdeleted text endnew text begin a permanentnew text end absentee voter. new text beginNotwithstanding section 203B.04,
subdivision 5, the secretary of state is not required to send an absentee ballot application
prior to each election to a program participant registered as a permanent absentee voter
under this section. As soon as practicable before each election,
new text endthe secretary of state
shall determine the precinct in which the residential address of the program participant is
located and shall request from and receive from the county auditor or other election official
the ballot for that precinct and shall forward the absentee ballot to the program participant
with the other materials for absentee balloting as required by Minnesota law. The program
participant shall complete the ballot and return it to the secretary of state, who shall review
the ballot in the manner provided by section 203B.24. If the ballot and ballot materials
comply with the requirements of that section, the ballot must be certified by the secretary
of state as the ballot of a program participant, and must be forwarded to the appropriate
electoral jurisdiction for tabulation along with all other ballots. The name and address of a
program participant must not be listed in the statewide voter registration system.

Sec. 2.

Minnesota Statutes 2012, section 203B.02, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginUnable to go to polling placedeleted text endnew text begin Absentee voting; eligibilitynew text end.

deleted text begin(a)deleted text end Any
eligible voter deleted text beginwho reasonably expects to be unable to go to the polling place on election
day in the precinct where the individual maintains residence because of absence from the
precinct; illness, including isolation or quarantine under sections 144.419 to 144.4196
or United States Code, title 42, sections 264 to 272; disability; religious discipline;
observance of a religious holiday; or service as an election judge in another precinct
deleted text end may
vote by absentee ballot as provided in sections 203B.04 to 203B.15.

deleted text begin (b) If the governor has declared an emergency and filed the declaration with the
secretary of state under section 12.31, and the declaration states that the emergency has
made it difficult for voters to go to the polling place on election day, any voter in a
precinct covered by the declaration may vote by absentee ballot as provided in sections
203B.04 to 203B.15.
deleted text end

Sec. 3.

Minnesota Statutes 2012, section 203B.04, subdivision 1, is amended to read:


Subdivision 1.

Application procedures.

(a) Except as otherwise allowed by
subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for
any election may be submitted at any time not less than one day before the day of that
election. The county auditor shall prepare absentee ballot application forms in the format
provided by the secretary of state and shall furnish them to any person on request. By
January 1 of each even-numbered year, the secretary of state shall make the forms to be
used available to auditors through electronic means. An application submitted pursuant to
this subdivision shall be in writing and shall be submitted to:

(1) the county auditor of the county where the applicant maintains residence; or

(2) the municipal clerk of the municipality, or school district if applicable, where
the applicant maintains residence.

(b) An application shall be approved if it is timely received, signed and dated by
the applicant, contains the applicant's name and residence and mailing addresses, date
of birth, and at least one of the following:

(1) the applicant's Minnesota driver's license number;

(2) Minnesota state identification card number;

(3) the last four digits of the applicant's Social Security number; or

(4) a statement that the applicant does not have any of these numbers.

(c) To be approved, the application deleted text beginmust state that the applicant is eligible to vote by
absentee ballot for one of the reasons specified in section 203B.02, and
deleted text end must contain an oath
that the information contained on the form is accurate, that the applicant is applying on the
applicant's own behalf, and that the applicant is signing the form under penalty of perjury.

(d) An applicant's full date of birth, Minnesota driver's license or state identification
number, and the last four digits of the applicant's Social Security number must not be
made available for public inspection. An application may be submitted to the county
auditor or municipal clerk by an electronic facsimile device. An application mailed or
returned in person to the county auditor or municipal clerk on behalf of a voter by a
person other than the voter must be deposited in the mail or returned in person to the
county auditor or municipal clerk within ten days after it has been dated by the voter and
no later than six days before the election. The absentee ballot applications or a list of
persons applying for an absentee ballot may not be made available for public inspection
until the close of voting on election day.

(e) An application under this subdivision may contain an application under
subdivision 5 to automatically receive an absentee ballot application.

Sec. 4.

Minnesota Statutes 2012, section 203B.04, subdivision 5, is amended to read:


Subd. 5.

Permanent deleted text beginillness or disabilitydeleted text endnew text begin absentee voter statusnew text end.

(a) An eligible
voter deleted text beginwho reasonably expects to be permanently unable to go to the polling place on
election day because of illness or disability
deleted text end may apply to a county auditor or municipal
clerk deleted text beginunder this sectiondeleted text end to automatically receive an absentee ballot application before each
election, other than an election by mail conducted under section 204B.45, and to have
the status as a permanent absentee voter indicated on the voter's registration record. new text beginAn
eligible voter listed as an ongoing absentee voter as of July 31, 2013, pursuant to laws
in effect on that date, shall be treated as if the voter applied for status as a permanent
absentee voter pursuant to this subdivision.
new text end

new text begin (b) A voter who applies under paragraph (a) must automatically be provided an
absentee ballot application for each eligible election. A voter's permanent absentee status
ends and automatic ballot application delivery must be terminated on:
new text end

new text begin (1) the voter's written request;
new text end

new text begin (2) the voter's death;
new text end

new text begin (3) return of an absentee ballot as undeliverable; or
new text end

new text begin (4) a change in the voter's status to "challenged" or "inactive" in the statewide voter
registration system.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end The secretary of state shall adopt rules governing procedures under this
subdivision.

Sec. 5.

Minnesota Statutes 2012, section 203B.06, subdivision 1, is amended to read:


Subdivision 1.

Printing and delivery of forms.

Each county auditor and municipal
clerk shall prepare and print a sufficient number of blank application forms for absentee
ballots. The county auditor or municipal clerk shall deliver a blank application form to
any voter who requests one pursuant to section 203B.04. Blank application forms must be
mailed to eligible voters who have requested an application pursuant to section 203B.04,
subdivision 5
deleted text beginor 6deleted text end, at least 60 days before:

(1) each regularly scheduled primary for federal, state, county, city, or school board
office;

(2) each regularly scheduled general election for city or school board office for
which a primary is not held; and

(3) a special primary to fill a federal or county office vacancy or special election to
fill a federal or county office vacancy, if a primary is not required to be held pursuant to
section 204D.03, subdivision 3, or 204D.07, subdivision 3; and

(4) any election held in conjunction with an election described in clauses (1) to (3);

or at least 45 days before any other primary or other election for which a primary is not held.

Sec. 6.

Minnesota Statutes 2012, section 203B.121, subdivision 2, is amended to read:


Subd. 2.

Duties of ballot board; absentee ballots.

(a) The members of the ballot
board shall take possession of all return envelopes delivered to them in accordance with
section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district
clerk, two or more members of the ballot board shall examine each return envelope and
shall mark it accepted or rejected in the manner provided in this subdivision. Election
judges performing the duties in this section must be of different major political parties,
unless they are exempt from that requirement under section 205.075, subdivision 4, or
section 205A.10, subdivision 2.

(b) The members of the ballot board shall mark the return envelope "Accepted" and
initial or sign the return envelope below the word "Accepted" if a majority of the members
of the ballot board examining the envelope are satisfied that:

(1) the voter's name and address on the return envelope are the same as the
information provided on the absentee ballot application;

(2) the voter signed the certification on the envelope;

(3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as the number provided on the
voter's application for ballots. If the number does not match the number as submitted on
the application, or if a number was not submitted on the application, the election judges
must compare the signature provided by the applicant to determine whether the ballots
were returned by the same person to whom they were transmitted;

(4) the voter is registered and eligible to vote in the precinct or has included a
properly completed voter registration application in the return envelope;

(5) the certificate has been completed as prescribed in the directions for casting an
absentee ballot; and

(6) the voter has not already voted at that election, either in person or, if it is after the
close of business on the deleted text beginfourthdeleted text endnew text begin seventhnew text end day before the election, by absentee ballot.

The return envelope from accepted ballots must be preserved and returned to the
county auditor.

(c)(1) If a majority of the members of the ballot board examining a return envelope
find that an absentee voter has failed to meet one of the requirements provided in
paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the
word "Rejected," list the reason for the rejection on the envelope, and return it to the
county auditor. There is no other reason for rejecting an absentee ballot beyond those
permitted by this section. Failure to place the ballot within the security envelope before
placing it in the outer white envelope is not a reason to reject an absentee ballot.

(2) If an envelope has been rejected at least five days before the election, the
envelope must remain sealed and the official in charge of the ballot board shall provide the
voter with a replacement absentee ballot and return envelope in place of the rejected ballot.

(3) If an envelope is rejected within five days of the election, the envelope must
remain sealed and the official in charge of the ballot board must attempt to contact the
voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
The official must document the attempts made to contact the voter.

(d) The official in charge of the absentee ballot board must mail the voter a written
notice of absentee ballot rejection between six and ten weeks following the election. If the
official determines that the voter has otherwise cast a ballot in the election, no notice is
required. If an absentee ballot arrives after the deadline for submission provided by this
chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A
notice of absentee ballot rejection must contain the following information:

(1) the date on which the absentee ballot was rejected or, if the ballot was received
after the required deadline for submission, the date on which the ballot was received;

(2) the reason for rejection; and

(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.

(e) An absentee ballot return envelope marked "Rejected" may not be opened or
subject to further review except in an election contest filed pursuant to chapter 209.

Sec. 7.

Minnesota Statutes 2012, section 203B.121, subdivision 3, is amended to read:


Subd. 3.

Record of voting.

(a) When applicable, the county auditor or municipal
clerk must immediately record that a voter's absentee ballot has been accepted. After the
close of business on the deleted text beginfourthdeleted text endnew text begin seventhnew text end day before the election, a voter whose record
indicates that an absentee ballot has been accepted must not be permitted to cast another
ballot at that election. In a state primary, general, or state special election for federal or
state office, the auditor or clerk must also record this information in the statewide voter
registration system.

(b) The roster must be marked, and a supplemental report of absentee voters who
submitted a voter registration application with their ballot must be created, no later than
the start of voting on election day to indicate the voters that have already cast a ballot at
the election. The roster may be marked either:

(1) by the county auditor or municipal clerk before election day;

(2) by the ballot board before election day; or

(3) by the election judges at the polling place on election day.

The record of a voter whose absentee ballot was received after the close of business
on the deleted text beginfourthdeleted text endnew text begin seventhnew text end day before the election is not required to be marked on the roster or
contained in a supplemental report as required by this paragraph.

Sec. 8.

Minnesota Statutes 2012, section 203B.121, subdivision 4, is amended to read:


Subd. 4.

Opening of envelopes.

After the close of business on the deleted text beginfourthdeleted text endnew text begin seventh
new text end day before the election, the ballots from return envelopes marked "Accepted" may be
opened, duplicated as needed in the manner provided in section 206.86, subdivision 5,
initialed by the members of the ballot board, and deposited in the appropriate ballot box. If
more than one ballot is enclosed in the ballot envelope, the ballots must be returned in the
manner provided by section 204C.25 for return of spoiled ballots, and may not be counted.

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 203B.04, subdivision 6, new text end new text begin is repealed.
new text end

Sec. 10. new text beginEFFECTIVE DATE; APPLICABILITY.
new text end

new text begin This article is effective January 1, 2014, and applies to voting at elections conducted
on the date of the state primary in 2014 and thereafter.
new text end

ARTICLE 2

ELECTION ADMINISTRATION

Section 1.

new text begin [2.395] THIRTY-NINTH DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Senate district. new text end

new text begin Senate District 39 consists of that district as
described in the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie,
No. A11-152 (February 21, 2012).
new text end

new text begin Subd. 2. new text end

new text begin House of representatives districts. new text end

new text begin Notwithstanding the order of the
Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February
21, 2012), Senate District 39, as described in that order, is divided into two house of
representatives districts as follows:
new text end

new text begin (a) House of Representatives District 39A consists of the district as described in
that order, with the modification contained in file L39A-1, on file with the Geographic
Information Systems Office of the Legislative Coordinating Commission and published on
its Web site on March 9, 2012.
new text end

new text begin (b) House of Representatives District 39B consists of that district as described in
that order, with the modification contained in file L39B-1, on file with the Geographic
Information Systems Office of the Legislative Coordinating Commission and published on
its Web site on March 9, 2012.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the state primary and state general
elections conducted in 2014 for terms of office beginning on the first Monday in January
2015, and for all elections held thereafter.
new text end

Sec. 2.

new text begin [2.495] FORTY-NINTH DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Senate district. new text end

new text begin Senate District 49 consists of that district as
described in the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie,
No. A11-152 (February 21, 2012).
new text end

new text begin Subd. 2. new text end

new text begin House of representatives districts. new text end

new text begin Notwithstanding the order of the
Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February 21,
2012), Senate District 49 is divided into two house of representatives districts as follows:
new text end

new text begin (a) House of Representatives District 49A consists of the district as described in
that order, with the modification contained in file L49A-2, on file with the Geographic
Information Systems Office of the Legislative Coordinating Commission and published on
its Web site on March 28, 2012.
new text end

new text begin (b) House of Representatives District 49B consists of the district as described in
that order, with the modification contained in file L49B-2, on file with the Geographic
Information Systems Office of the Legislative Coordinating Commission and published on
its Web site on March 28, 2012.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the state primary and state general
elections conducted in 2014 for terms of office beginning on the first Monday in January
2015, and for all elections held thereafter.
new text end

Sec. 3.

Minnesota Statutes 2012, section 103C.225, subdivision 3, is amended to read:


Subd. 3.

Referendum.

(a) deleted text beginWithin 60 days after the petition is received by the state
board, it shall give due notice of the holding of a referendum, schedule the referendum at
the next general election, and cooperate with county election officials to accomplish the
election in the most expedient manner.
deleted text end new text beginUpon receipt of a petition, the state board shall
provide written notice to the secretary of state and the county auditor of each county in
which the district is located no later than 74 days before the state general election. The
notice must include the date of the election and the title and text of the question to be
placed on the ballot.
new text endPrior to the referendum, the state board shall facilitate the preparation
of a plan to continue the administration of the powers, duties, and responsibilities of the
district, including the functions of the district board.

(b) The question shall deleted text beginbe submitted by ballots, upon which the words "For terminating
the existence of
deleted text end new text beginappear on the ballot in the following form: "Shall new text endthe .................. (name
of the soil and water conservation district to be here inserted)deleted text begin" and "Against terminating
the existence of the .................. (name of the soil and water conservation district to be here
inserted)" shall be printed, with a square before each proposition and a direction to insert
an X mark in the square before one or the other
deleted text endnew text begin be terminated?"new text end.

(c) Only eligible voters in the district may vote in the referendum.

(d) Informalities in the conduct of the referendum or matters relating to the
referendum do not invalidate the referendum, or result of the referendum, if due notice has
been given and the referendum has been fairly conducted.

(e) The state board shall publish the result of the referendum.

Sec. 4.

Minnesota Statutes 2012, section 103C.305, subdivision 3, is amended to read:


Subd. 3.

Ballots.

Ballots shall be prepared by the county auditor. The names of
candidates shall be placed on the deleted text begin"canary ballot" described in section 204D.11, subdivision
3
deleted text endnew text begin state general election ballotnew text end. The office title printed on the ballot must be either "Soil
and Water Conservation District Supervisor" or "Conservation District Supervisor," based
upon the district from which the supervisor is to be elected.

Sec. 5.

Minnesota Statutes 2012, section 103C.311, subdivision 2, is amended to read:


Subd. 2.

Supervisors elected by districts.

(a) The district board, with the approval
of the state board, may by resolution provide that supervisors will be elected by supervisor
districts as provided in this subdivision.

(b) The supervisor districts must be composed of precincts established by county and
municipal governing bodies under section 204B.14. The districts must be compact, include
only contiguous territory, and be substantially equal in population. The districts must be
numbered in a regular series. The districts must be drawn by the county board of the county
containing the largest area of the soil and water conservation district, in consultation with
the district board and with the approval of the state board. The boundaries of the districts
must be redrawn after each decennial federal census as provided in section 204B.135. A
certified copy of the resolution establishing supervisor districts must be filed by the chair
of the district board with the county auditor of the counties where the soil and water
conservation district is located, with the state board, and with the secretary of state deleted text beginat least
30 days before the first date candidates may file for the office of supervisor.
deleted text endnew text begin, and the filings
must occur within 80 days of the time when the legislature has been redistricted or at least
15 weeks before the state primary election in a year ending in two, whichever comes first.
new text end

(c) Each supervisor district is entitled to elect one supervisor. A supervisor must be a
resident of the district from which elected.

(d) The district board shall provide staggered terms for supervisors elected by
district. After each redistricting, there shall be a new election of supervisors in all the
districts at the next general election, except that if the change made in the boundaries of a
district is less than five percent of the average population of all the districts, the supervisor
in office at the time of the redistricting shall serve for the full term for which elected. The
district board shall determine by lot the seats to be filled for a two-year term, a four-year
term, and a six-year term.

Sec. 6.

Minnesota Statutes 2012, section 123A.48, subdivision 14, is amended to read:


Subd. 14.

Election.

The board shall determine the date of the election, the number
of boundaries of voting precincts, and the location of the polling places where voting shall
be conducted, and the hours the polls will be open. The board shall also provide official
ballots which must be used exclusively and shall be in the following form:new text begin "Shall the
(name of school district) and the (name of school district) be consolidated as proposed?
Yes .... No ...."
new text end

deleted text begin For consolidation ....
deleted text end

deleted text begin Against consolidation ....
deleted text end

The board must appoint election judges who shall act as clerks of election. The
ballots and results must be certified to the board who shall canvass and tabulate the total
vote cast for and against the proposal.

Sec. 7.

Minnesota Statutes 2012, section 201.061, subdivision 3, is amended to read:


Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a registration application, making
an oath in the form prescribed by the secretary of state and providing proof of residence.
An individual may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;

(2) presenting any document approved by the secretary of state as proper
identification;

(3) presenting one of the following:

(i) a current valid student identification card from a postsecondary educational
institution in Minnesota, if a list of students from that institution has been prepared under
section 135A.17 and certified to the county auditor in the manner provided in rules of
the secretary of state; or

(ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a resident
in the facility, sign an oath in the presence of the election judge vouching that the voter or
employee personally knows that the individual is a resident of the precinct. A voter who
has been vouched for on election day may not sign a proof of residence oath vouching for
any other individual on that election day. A voter who is registered to vote in the precinct
may sign up to deleted text begin15deleted text endnew text begin eightnew text end proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.

(b) The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.

(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1
; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5
; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section 245A.02, subdivision 14; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.

(d) For tribal band members, an individual may prove residence for purposes of
registering by:

(1) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, address, signature, and picture of the individual; or

(2) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, signature, and picture of the individual and also presenting one of the
documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 8.

Minnesota Statutes 2012, section 201.071, subdivision 2, is amended to read:


Subd. 2.

Instructions.

A registration application shall be accompanied by
instructions specifying the manner and method of registration, the qualifications for
voting, the penalties for false registration, and the availability of registration and voting
assistance for elderly and disabled individuals and residents of health care facilities and
hospitals. The instructions must indicate that if the voter does not have a valid Minnesota
driver's license or identification card, the last four digits of the voter's Social Security
number must be provided, unless the voter does not have a Social Security number. If,
prior to election day, a person requests the instructions in Braille, deleted text beginon cassette tapedeleted text endnew text begin audio
format
new text end, or in a version printed in 16-point bold type with 24-point leading, the county
auditor shall provide them in the form requested. The secretary of state shall prepare
Braille and deleted text begincassettedeleted text end new text beginaudio new text endcopies and make them available.

Sec. 9.

Minnesota Statutes 2012, section 201.091, subdivision 8, is amended to read:


Subd. 8.

Registration places.

Each county auditor shall designate a number of
public buildings in those political subdivisions of the county where preregistration of
voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may
register to vote. deleted text beginAt least one public building must be designated for each 30,000 residents
of the county. At least one telecommunications device for the deaf must be available for
voter registration information in each county seat and in every city of the first, second,
and third class.
deleted text end

An adequate supply of registration applications and instructions must be maintained
at each designated location, and a designated individual must be available there to accept
registration applications and transmit them to the county auditor.

A person who, because of disability, needs assistance in order to determine eligibility
or to register must be assisted by a designated individual. Assistance includes but is not
limited to reading the registration form and instructions and filling out the registration
form as directed by the eligible voter.

Sec. 10.

Minnesota Statutes 2012, section 201.12, subdivision 3, is amended to read:


Subd. 3.

Moved out of state.

If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address outside this
state, the county auditor shall promptly mail to the voter at the voter's new address a notice
advising the voter that the voter's status in the statewide voter registration system will be
changed to "inactive" unless the voter notifies the county auditor within 21 days that the
voter is retaining the former address as the voter's address of residence. new text beginIf the voter's
record is challenged due to a felony conviction, lack of United States citizenship, legal
incompetence, or court-ordered revocation of voting rights of persons under guardianship,
the county auditor must not mail this notice.
new text endIf the notice is not received by the deadline,
the county auditor shall change the voter's status to "inactive" in the statewide voter
registration system.

Sec. 11.

Minnesota Statutes 2012, section 201.13, subdivision 1a, is amended to read:


Subd. 1a.

Social Security Administration; new text beginother new text endreports of deceased residents.

The secretary of state deleted text beginshalldeleted text endnew text begin may new text end determine if any of the persons listed on the Social
Security Death Index new text beginor reported as deceased by the vital records department of another
state
new text endare registered to vote and prepare a list of those registrants for each county auditor.
The county auditor shall change the status of those registrants to "deceased" in the
statewide voter registration system.

Sec. 12.

Minnesota Statutes 2012, section 201.14, is amended to read:


201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT
CHANGES OF NAMES.

The state court administrator shall regularly report by electronic means to the
secretary of state the name, address, and, if available, driver's license or state identification
card number of each individual, 18 years of age or over, whose name was changed since
the last report, by marriage, divorce, or any order or decree of the court. The secretary of
state shall determine if any of the persons in the report are registered to vote under their
previous name and shall prepare a list of those registrants for each county auditor. Upon
receipt of the list, the county auditor shall make the change in the voter's record and mail
to the voter the notice of registration required by section 201.121, subdivision 2.new text begin A notice
must not be mailed if the voter's record is challenged due to a felony conviction, lack of
United States citizenship, legal incompetence, or court-ordered revocation of voting rights
of persons under guardianship.
new text end

Sec. 13.

Minnesota Statutes 2012, section 202A.14, subdivision 1, is amended to read:


Subdivision 1.

Time and manner of holding; postponement.

(a) In every state
general election year, beginning at 7:00 p.m. on the date established pursuant to paragraph
(b), there shall be held for every election precinct a party caucus in the manner provided
in sections 202A.14 to 202A.19.

(b)(1) The chairs of the two largest major political parties shall jointly submit to
the secretary of state, no later than March 1 of each odd-numbered year, the single date
on which the two parties have agreed to conduct their precinct caucuses in the next
even-numbered year.

(2) deleted text beginOn March 1 of each odd-numbered yeardeleted text endnew text begin Within two business days after the
parties have agreed on a single date on which to conduct their precinct caucuses
new text end, the
secretary of state shall publicly announce the official state precinct caucus date for the
following general election year.

(3) If the chairs of the two largest major political parties do not jointly submit a
single date for conducting their precinct caucuses as provided in this paragraph, then
for purposes of the next general election year, the first Tuesday in February shall be
considered the day of a major political party precinct caucus and sections 202A.19 and
202A.192 shall only apply on that date.

(4) For purposes of this paragraph, the two largest major political parties shall be the
parties whose candidates for governor received the greatest and second greatest number of
votes at the most recent gubernatorial election.

(c) In the event of severe weather a major political party may request the secretary of
state to postpone caucuses. If a major political party makes a request, or upon the secretary
of state's own initiative, after consultation with all major political parties and on the advice
of the federal Weather Bureau and the Department of Transportation, the secretary of state
may declare precinct caucuses to be postponed for a week in counties where weather
makes travel especially dangerous. The secretary of state shall submit a notice of the
postponement to news media covering the affected counties by 6:00 p.m. on the scheduled
day of the caucus. A postponed caucus may also be postponed pursuant to this subdivision.

Sec. 14.

Minnesota Statutes 2012, section 203B.05, subdivision 1, is amended to read:


Subdivision 1.

Generally.

The full-time clerk of any city or town shall administer
the provisions of sections 203B.04 to 203B.15 if:

(1) the county auditor of that county has designated the clerk to administer them; or

(2) the clerk has given the county auditor of that county notice of intention to
administer them.

new text begin The designation or notice must specify whether the clerk will be responsible for the
administration of a ballot board as provided in section 203B.121.
new text end

new text begin A clerk of a city that is located in more than one county may only administer the
provisions of sections 203B.04 to 203B.15 if the clerk has been designated by each of
the county auditors or has provided notice to each of the county auditors that the city will
administer absentee voting.
new text endA clerk may only administer the provisions of sections 203B.04
to 203B.15 if the clerk has technical capacity to access the statewide voter registration
system in the secure manner prescribed by the secretary of state. The secretary of state
must identify hardware, software, security, or other technical prerequisites necessary to
ensure the security, access controls, and performance of the statewide voter registration
system. A clerk must receive training approved by the secretary of state on the use of the
statewide voter registration system before administering this section. A clerk may not use
the statewide voter registration system until the clerk has received the required training.
new text begin The county auditor must notify the secretary of state of any municipal clerk who will be
administering the provisions of this section and the duties that the clerk will administer.
new text end

Sec. 15.

Minnesota Statutes 2012, section 203B.08, subdivision 3, is amended to read:


Subd. 3.

Procedures on receipt of ballots.

When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and date the return
envelope and place it in a secure location with other return envelopes received by that
office. Within five days after receipt, the county auditor or municipal clerk shall deliver to
the ballot board all ballots received, except that during the 14 days immediately preceding
an election, the county auditor or municipal clerk shall deliver all ballots received to
the ballot board within three days.new text begin Ballots received on election day either (1) after 3:00
p.m., if delivered by an agent; or (2) after the last mail delivery, if delivered by another
method, shall be marked as received late by the county auditor or municipal clerk, and
must not be delivered to the ballot board.
new text end

Sec. 16.

Minnesota Statutes 2012, section 203B.081, is amended to read:


203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.

An eligible voter may vote by absentee ballot in the office of the county auditor and
at any other polling place designated by the county auditor during the 46 days beforedeleted text begin:deleted text endnew text begin the
election, except as provided in this section.
new text end

deleted text begin (1) a regularly scheduled election for federal, state, county, city, or school board
office;
deleted text end

deleted text begin (2) a special election for a federal or county office; and
deleted text end

deleted text begin (3) an election held in conjunction with an election described in clauses (1) and (2),
deleted text end

deleted text begin anddeleted text end new text beginVoters casting absentee ballots in person for a town election held in March may
do so
new text endduring the 30 days before deleted text beginany otherdeleted text end new text beginthe new text endelection. The county auditor shall make
such designations at least 14 weeks before the election. At least one voting booth in each
polling place must be made available by the county auditor for this purpose. The county
auditor must also make available at least one electronic ballot marker in each polling place
that has implemented a voting system that is accessible for individuals with disabilities
pursuant to section 206.57, subdivision 5.

Sec. 17.

Minnesota Statutes 2012, section 203B.121, subdivision 1, is amended to read:


Subdivision 1.

Establishment; applicable laws.

(a) The governing body of each
county, municipality, and school district with responsibility to accept and reject absentee
ballots must, by ordinance or resolution, establish a ballot board. The board must consist
of a sufficient number of election judges trained in the handling of absentee ballots and
appointed as provided in sections 204B.19 to 204B.22. The board may include deleted text beginstaff
trained as election judges
deleted text endnew text begin deputy county auditors or deputy city clerks who have received
training in the processing and counting of absentee ballots
new text end.

(b) Each jurisdiction must pay a reasonable compensation to each member of that
jurisdiction's ballot board for services rendered during an election.

(c) Except as otherwise provided by this section, all provisions of the Minnesota
Election Law apply to a ballot board.

Sec. 18.

Minnesota Statutes 2012, section 203B.121, subdivision 5, is amended to read:


Subd. 5.

Storage and counting of absentee ballots.

(a) On a day on which absentee
ballots are inserted into a ballot box, two members of the ballot board must:

(1) remove the ballots from the ballot box at the end of the day;

(2) without inspecting the ballots, ensure that the number of ballots removed from
the ballot box is equal to the number of voters whose absentee ballots were accepted
that day; and

(3) seal and secure all voted and unvoted ballots present in that location at the end
of the day.

(b) After the polls have closed on election day, two members of the ballot board
must count the ballots, tabulating the vote in a manner that indicates each vote of the voter
and the total votes cast for each candidate or question. In state primary and state general
elections, the results must indicate the total votes cast for each candidate or question in each
precinct and report the vote totals tabulated for each precinct. The count deleted text beginshall be public.
No vote totals from ballots may be made public before the close of voting on election day
deleted text endnew text begin must be recorded on a summary statement in substantially the same format as provided in
section 204C.26. The ballot board shall submit at least one completed summary statement
to the county auditor or municipal clerk. The county auditor or municipal clerk may
require the ballot board to submit a sufficient number of completed summary statements to
comply with the provisions of section 204C.27, or the county auditor or municipal clerk
may certify reports containing the details of the ballot board summary statement to the
recipients of the summary statements designated in section 204C.27
new text end.

In state primary and state general elections, these vote totals shall be added to the
vote totals on the summary statements of the returns for the appropriate precinct. In other
elections, these vote totals may be added to the vote totals on the summary statement of
returns for the appropriate precinct or may be reported as a separate total.

new text begin The count shall be public. No vote totals from ballots may be made public before the
close of voting on election day.
new text end

(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
completed previously, the members of the ballot board must verify as soon as possible, but
no later than 24 hours after the end of the hours for voting, that voters whose absentee
ballots arrived after the rosters were marked or supplemental reports were generated
and whose ballots were accepted did not vote in person on election day. An absentee
ballot submitted by a voter who has voted in person on election day must be rejected. All
other accepted absentee ballots must be opened, duplicated if necessary, and counted by
members of the ballot board. The vote totals from these ballots must be incorporated into
the totals with the other absentee ballots and handled according to paragraph (b).

Sec. 19.

Minnesota Statutes 2012, section 203B.227, is amended to read:


203B.227 WRITE-IN ABSENTEE BALLOT.

(a) A voter described in section 203B.16, subdivision 1, may use deleted text begina state write-in
absentee ballot or
deleted text end the federal write-in absentee ballot to vote in any federal, state, or local
election. In a state or local election, a vote for a political party without specifying the
name of a candidate must not be counted.

(b) If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post
Card Application was not received, the Federal Write-in Absentee Ballot serves as a voter
registration, for voters who are eligible to register, in lieu of the voter's Federal Post Card
Application. If the voter has not already voted and the accompanying certificate is properly
completed, the absentee ballot board must accept the Federal Write-in Absentee Ballot.

Sec. 20.

Minnesota Statutes 2012, section 203B.28, is amended to read:


203B.28 POSTELECTION REPORT TO LEGISLATURE.

By deleted text beginMarch 1, 2011, and bydeleted text end January 15 of every odd-numbered year deleted text beginthereafterdeleted text end, the
secretary of state shall provide to the chair and ranking minority members of the legislative
committees with jurisdiction over elections a statistical report related to absentee voting
in the most recent general election cycle. The statistics must be organized by county
deleted text beginand precinctdeleted text end, and include:

(1) the number of absentee ballots transmitted to voters;

(2) the number of absentee ballots returned by voters;

(3) the number of absentee ballots that were rejected, categorized by the reason
for rejection;

(4) the number of absentee ballots submitted pursuant to sections 203B.16 to
203B.27, along with the number of returned ballots that were accepted, rejected, and
the reason for any rejections; and

(5) the number of absentee ballots that were not counted because the ballot return
envelope was received after the deadlines provided in this chapter.

Sec. 21.

Minnesota Statutes 2012, section 204B.04, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Prohibition on multiple candidacy. new text end

new text begin A candidate who files an affidavit
of candidacy for an office to be elected at the general election may not subsequently file
another affidavit of candidacy for any other office to be elected on the date of that general
election, unless the candidate withdraws the initial affidavit pursuant to section 204B.12.
The provisions in section 645.21 do not apply to this subdivision.
new text end

Sec. 22.

Minnesota Statutes 2012, section 204B.18, subdivision 2, is amended to read:


Subd. 2.

Ballot boxes.

deleted text beginEach polling place shall be provided with one ballot box for
each kind of ballot to be cast at the election. The boxes shall be substantially the same color
as the ballots to be deposited in them.
deleted text end Each box shall be of sufficient size and shall have a
sufficient opening to receive and contain all the ballots likely to be deposited in it. deleted text beginWhen
buff or goldenrod ballot boxes are required, a separate box must be provided for each school
district for which ballots are to be cast at that polling place. The number and name of the
school district must appear conspicuously on the top of each buff or goldenrod ballot box.
deleted text end

Sec. 23.

Minnesota Statutes 2012, section 204B.22, subdivision 1, is amended to read:


Subdivision 1.

Minimum number required.

(a) A minimum of four election
judges shall be appointed for each precinctdeleted text begin, except as provided by subdivision 2deleted text endnew text begin in the
state general election, provided that a minimum of three election judges shall be appointed
for each precinct with fewer than 500 registered voters as of 14 weeks before the state
primary. In all other elections, a minimum of three election judges shall be appointed
for each precinct
new text end. In a combined polling place under section 204B.14, subdivision 2, at
least one judge must be appointed from each municipality in the combined polling place,
provided that not less than three judges shall be appointed for each combined polling
place. The appointing authorities may appoint election judges for any precinct in addition
to the number required by this subdivision including additional election judges to count
ballots after voting has ended.

(b) An election judge may serve for all or part of election day, at the discretion of the
appointing authority, as long as the minimum number of judges required is always present.
The head election judge designated under section 204B.20 must serve for all of election day
and be present in the polling place unless another election judge has been designated by the
head election judge to perform the functions of the head election judge during any absence.

Sec. 24.

Minnesota Statutes 2012, section 204B.28, subdivision 1, is amended to read:


Subdivision 1.

Meeting with election officials.

At least 12 weeks before each
regularly scheduled new text begintown new text endgeneral electionnew text begin conducted in March, and at least 18 weeks
before all other general elections
new text end, each county auditor shall conduct a meeting new text beginor otherwise
communicate
new text endwith local election officials to review the procedures for the election. The
county auditor may require the head election judges in the county to attend this meeting.

Sec. 25.

Minnesota Statutes 2012, section 204B.32, subdivision 1, is amended to read:


Subdivision 1.

Payment.

(a) The secretary of state shall pay the compensation for
presidential electorsdeleted text begin, the cost of printing the pink paper ballots,deleted text end and all necessary expenses
incurred by the secretary of state in connection with elections.

(b) The counties shall pay the compensation prescribed in section 204B.31, clauses
(b) and (c), the cost of printing the deleted text begincanary ballots, the white ballots, the pinkdeleted text endnew text begin state general
election
new text end ballots when machines are used, the state partisan primary ballots, and the
state and county nonpartisan primary ballots, all necessary expenses incurred by county
auditors in connection with elections, and the expenses of special county elections.

(c) Subject to subdivision 2, the municipalities shall pay the compensation prescribed
for election judges and sergeants at arms, the cost of printing the municipal ballots,
providing ballot boxes, providing and equipping polling places and all necessary expenses
of the municipal clerks in connection with elections, except special county elections.

(d) The school districts shall pay the compensation prescribed for election judges
and sergeants-at-arms, the cost of printing the school district ballots, providing ballot
boxes, providing and equipping polling places and all necessary expenses of the school
district clerks in connection with school district elections not held in conjunction with
state elections. When school district elections are held in conjunction with state elections,
the school district shall pay the costs of printing the school district ballots, providing ballot
boxes and all necessary expenses of the school district clerk.

All disbursements under this section shall be presented, audited, and paid as in
the case of other public expenses.

Sec. 26.

Minnesota Statutes 2012, section 204B.33, is amended to read:


204B.33 NOTICE OF FILING.

(a) At least deleted text begin15deleted text end new text begin16 new text endweeks before the state primary, the secretary of state shall notify
each county auditor of the offices to be voted for in that county at the next state general
election for which candidates file with the secretary of state. The notice shall include
the time and place of filing for those offices. Within ten days after notification by the
secretary of state, each county auditor shall notify each municipal clerk in the county of
all the offices to be voted for in the county at that election and the time and place for
filing for those offices. The county auditors and municipal clerks shall promptly post a
copy of that notice in their offices.

(b) At least deleted text begintwo weeksdeleted text end new text beginone week new text endbefore the first day to file an affidavit of candidacy,
the county auditor shall publish a notice stating the first and last dates on which affidavits
of candidacy may be filed in the county auditor's office and the closing time for filing on
the last day for filing. The county auditor shall post a similar notice at least ten days before
the first day to file affidavits of candidacy.

Sec. 27.

Minnesota Statutes 2012, section 204B.35, subdivision 4, is amended to read:


Subd. 4.

Absentee ballots; preparation; delivery.

At least 46 days before deleted text begina
regularly scheduled
deleted text end new text beginan new text endelection deleted text beginfor federal, state, county, city, or school board office
or a special election for federal office, and at least 30 days before any other election
deleted text end,
ballots necessary to fill applications of absentee voters shall be prepared and delivered to
the officials who administer the provisions of chapter 203Bnew text begin, except as provided in this
subdivision. Ballots necessary to fill applications of absentee voters for a town general
election held in March shall be prepared and delivered to the town clerk at least 30 days
before the election
new text end.

This section applies to school district elections held on the same day as a statewide
election or an election for a county or municipality located partially or wholly within
the school district.

Sec. 28.

Minnesota Statutes 2012, section 204B.36, subdivision 1, is amended to read:


Subdivision 1.

Type.

All ballots shall be printed with black ink on paper of sufficient
thickness to prevent the printing from being discernible from the back. deleted text beginAll ballots of the
same color shall be substantially uniform in style of printing, size, thickness and shade of
color. When the ballots of a particular color vary in shade, those used in any one precinct
shall be of the same shade.
deleted text end All ballots shall be printed in easily readable type with suitable
lines dividing candidates, offices, instructions and other matter printed on ballots. The
name of each candidate shall be printed in capital letters. The same type shall be used for
the names of all candidates on the same ballot.

Sec. 29.

Minnesota Statutes 2012, section 204B.45, subdivision 1, is amended to read:


Subdivision 1.

Authorization.

A deleted text beginmunicipalitydeleted text endnew text begin town of any size not located in
a metropolitan county as defined by section 473.121, or a city
new text end having fewer than 400
registered voters on June 1 of an election year and not located in a metropolitan county as
defined by section 473.121new text begin,new text end may provide balloting by mail at any municipal, county, or
state election with no polling place other than the office of the auditor or clerk or other
locations designated by the auditor or clerk. The governing body may apply to the county
auditor for permission to conduct balloting by mail. The county board may provide for
balloting by mail in unorganized territory. The governing body of any municipality may
designate for mail balloting any precinct having fewer than deleted text begin50deleted text endnew text begin 100new text end registered voters,
subject to the approval of the county auditor.

Voted ballots may be returned in person to any location designated by the county
auditor or municipal clerk.

Sec. 30.

Minnesota Statutes 2012, section 204B.45, subdivision 2, is amended to read:


Subd. 2.

Procedure.

Notice of the election and the special mail procedure must be
given at least deleted text beginsixdeleted text end new text beginten new text endweeks prior to the election. Not more than 46 days nor later than 14
days before a regularly scheduled election deleted text beginfor federal, state, county, city, or school board
office or a special election for federal office
deleted text end and not more than 30 days nor later than 14
days before any other election, the auditor shall mail ballots by nonforwardable mail to
all voters registered in the town or unorganized territory. No later than 14 days before
the election, the auditor must make a subsequent mailing of ballots to those voters who
register to vote after the initial mailing but before the 20th day before the election. Eligible
voters not registered at the time the ballots are mailed may apply for ballots as provided in
chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed
to the auditor or clerk and the voter may return the ballot by mail or in person to the office
of the auditor or clerk. The auditor or clerk must appoint a ballot board to examine the
mail and absentee ballot return envelopes and mark them "accepted" or "rejected" within
three days of receipt if there are 14 or fewer days before election day, or within five days
of receipt if there are more than 14 days before election day. The board may consist of
deleted text beginstaff trained as election judgesdeleted text end new text begindeputy county auditors or deputy municipal clerks who
have received training in the processing and counting of mail ballots, who need not be
affiliated with a major political party
new text end. Election judges performing the duties in this section
must be of different major political parties, unless they are exempt from that requirement
under section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected
at least five days before the election, the ballots in the envelope must remain sealed and
the auditor or clerk shall provide the voter with a replacement ballot and return envelope
in place of the spoiled ballot. If the ballot is rejected within five days of the election, the
envelope must remain sealed and the official in charge of the ballot board must attempt to
contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
rejected. The official must document the attempts made to contact the voter.

If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. After the close of business
on the fourth day before the election, the ballots from return envelopes marked "Accepted"
may be opened, duplicated as needed in the manner provided by section 206.86,
subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.

In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.

The mail and absentee ballots for a precinct must be counted together and reported
as one vote total. No vote totals from mail or absentee ballots may be made public before
the close of voting on election day.

The costs of the mailing shall be paid by the election jurisdiction in which the voter
resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

Sec. 31.

Minnesota Statutes 2012, section 204B.46, is amended to read:


204B.46 MAIL ELECTIONS; QUESTIONS.

A county, municipality, or school district submitting questions to the voters at a
special election may conduct an election by mail with no polling place other than the
office of the auditor or clerk. No offices may be voted on at a mail election. Notice of
the election must be given to the county auditor at least deleted text begin53deleted text end new text begin74 new text enddays prior to the election.
This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The
special mail ballot procedures must be posted at least six weeks prior to the election. Not
more than deleted text begin30deleted text end new text begin46 new text endnor later than 14 days prior to the election, the auditor or clerk shall mail
ballots by nonforwardable mail to all voters registered in the county, municipality, or
school district. No later than 14 days before the election, the auditor or clerk must make a
subsequent mailing of ballots to those voters who register to vote after the initial mailing
but before the 20th day before the election. Eligible voters not registered at the time the
ballots are mailed may apply for ballots pursuant to chapter 203B. The auditor or clerk
must appoint a ballot board to examine the mail and absentee ballot return envelopes
and mark them "Accepted" or "Rejected" within three days of receipt if there are 14 or
fewer days before election day, or within five days of receipt if there are more than 14
days before election day. The board may consist of deleted text beginstaff trained as election judgesdeleted text end new text begindeputy
county auditors, deputy municipal clerks, or deputy school district clerks who have
received training in the processing and counting of mail ballots, who need not be affiliated
with a major political party
new text end. Election judges performing the duties in this section must be
of different major political parties, unless they are exempt from that requirement under
section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at
least five days before the election, the ballots in the envelope must remain sealed and the
auditor or clerk must provide the voter with a replacement ballot and return envelope in
place of the spoiled ballot. If the ballot is rejected within five days of the election, the
envelope must remain sealed and the official in charge of the ballot board must attempt to
contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
rejected. The official must document the attempts made to contact the voter.

If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. After the close of business
on the fourth day before the election, the ballots from return envelopes marked "Accepted"
may be opened, duplicated as needed in the manner provided by section 206.86,
subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.

In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.

The mail and absentee ballots for a precinct must be counted together and reported
as one vote total. No vote totals from ballots may be made public before the close of
voting on election day.

Sec. 32.

Minnesota Statutes 2012, section 204C.14, is amended to read:


204C.14 UNLAWFUL VOTING; PENALTY.

No individual shall intentionally:

(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in
a ballot box or attempting to vote by means of a voting machine or electronic voting system;

(b) vote more than once at the same election;

(c) put a ballot in a ballot box for any illegal purpose;

(d) give more than one ballot of the same kind deleted text beginand colordeleted text end to an election judge to
be placed in a ballot box;

(e) aid, abet, counsel or procure another to go into any precinct for the purpose
of voting in that precinct, knowing that the other individual is not eligible to vote in
that precinct; or

(f) aid, abet, counsel or procure another to do any act in violation of this section.

A violation of this section is a felony.

Sec. 33.

Minnesota Statutes 2012, section 204C.15, subdivision 1, is amended to read:


Subdivision 1.

Physical assistance in marking ballots.

A voter who claims a need
for assistance because of inability to read English or physical inability to mark a ballot may
obtain the aid of two election judges who are members of different major political parties.
The election judges shall mark the ballots as directed by the voter and in as secret a manner
as circumstances permit. deleted text beginIf the voter is deaf or cannot speak English or understand it when
it is spoken, the election judges may select two individuals who are members of different
major political parties to provide assistance. The individuals shall assist the voter in
marking the ballots.
deleted text end A voter in need of assistance may alternatively obtain the assistance of
any individual the voter chooses. Only the following persons may not provide assistance
to a voter: the voter's employer, an agent of the voter's employer, an officer or agent of
the voter's union, or a candidate for election. The person who assists the voter shall,
unaccompanied by an election judge, retire with that voter to a booth and mark the ballot
as directed by the voter. No person who assists another voter as provided in the preceding
sentence shall mark the ballots of more than three voters at one election. Before the ballots
are deposited, the voter may show them privately to an election judge to ascertain that they
are marked as the voter directed. An election judge or other individual assisting a voter
shall not in any manner request, persuade, induce, or attempt to persuade or induce the
voter to vote for any particular political party or candidate. The election judges or other
individuals who assist the voter shall not reveal to anyone the name of any candidate for
whom the voter has voted or anything that took place while assisting the voter.

Sec. 34.

Minnesota Statutes 2012, section 204C.19, subdivision 2, is amended to read:


Subd. 2.

Ballots; order of counting.

Except as otherwise provided in this
subdivision, the ballot boxes shall be opened, the votes counted, and the total declared deleted text beginone
box at a time in the following order: the white box, the pink box, the canary box, the light
green box, the blue box, the buff box, the goldenrod box, the gray box, and then the other
kinds of ballots voted at the election. If enough election judges are available to provide
counting teams of four or more election judges for each box, more than one box may be
opened and counted at the same time
deleted text end. The election judges on each counting team shall be
evenly divided between the major political parties. The numbers entered on the summary
sheet shall not be considered final until the ballots in all the boxes have been counted and
corrections have been made if ballots have been deposited in the wrong boxes.

Sec. 35.

Minnesota Statutes 2012, section 204C.25, is amended to read:


204C.25 DISPOSITION OF BALLOTS.

After the count and the summary statements have been completed, in the presence
of all the election judges, the counted, defective, and blank ballots shall be placed in
envelopes deleted text beginmarked or printed to distinguish the color of the ballots containeddeleted text end, and the
envelopes shall be sealed. The election judges shall sign each envelope over the sealed part
so that the envelope cannot be opened without disturbing the continuity of the signatures.
The number deleted text beginand kinddeleted text end of ballots in each envelope, the name of the town or city, and the
name of the precinct shall be plainly written upon the envelopes. The number and name of
the district must be plainly written on envelopes containing school district ballots. The
spoiled ballots shall be placed in separate envelopes and returned with the unused ballots
to the county auditor or municipal or school district clerk from whom they were received.

Sec. 36.

Minnesota Statutes 2012, section 204C.27, is amended to read:


204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.

One or more of the election judges in each precinct shall deliver two sets of
summary statements; all spoiled deleted text beginwhite, pink, canary, and graydeleted text end ballots; and the envelopes
containing the deleted text beginwhite, pink, canary, and graydeleted text end ballots either directly to the municipal clerk
for transmittal to the county auditor's office or directly to the county auditor's office as
soon as possible after the vote counting is completed but no later than 24 hours after the
end of the hours for voting. One or more election judges shall deliver the remaining set
of summary statements and returns, all unused and spoiled municipal and school district
ballots, the envelopes containing municipal and school district ballots, and all other things
furnished by the municipal or school district clerk, to the municipal or school district
clerk's office within 24 hours after the end of the hours for voting. The municipal or school
district clerk shall return all polling place rosters and completed voter registration cards to
the county auditor within 48 hours after the end of the hours for voting.

Sec. 37.

Minnesota Statutes 2012, section 204C.35, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginAutomaticdeleted text end new text beginPublicly funded new text endrecounts.

(a) In a state primary when
the difference between the votes cast for the candidates for nomination tonew text begin:
new text end

new text begin (1) a state legislative office is less than one-half of one percent of the total number of
votes counted for that nomination or is ten votes or less and the total number of votes cast
for the nomination is 400 votes or less; or
new text end

new text begin (2)new text end a statewide federal office, state constitutional office, statewide judicial office,
congressional office, deleted text beginstate legislative office,deleted text end or district judicial officedeleted text begin:
deleted text end

deleted text begin (1)deleted text end is less than deleted text beginone-halfdeleted text endnew text begin one-quarternew text end of one percent of the total number of votes
counted for that nominationdeleted text begin;deleted text end or

deleted text begin (2)deleted text end is ten votes or less and the total number of votes cast for the nomination is 400
votes or less;

and the difference determines the nomination, the canvassing board with responsibility
for declaring the results for that office shall manually recount the votenew text begin upon receiving a
written request from the candidate whose nomination is in question
new text end.

new text begin Immediately following the meeting of the board that has responsibility for
canvassing the results of the nomination, the filing officer must notify the candidate that
the candidate has the option to request a recount of the votes at no cost to the candidate.
This written request must be received by the filing officer no later than 48 hours after the
canvass of the primary for which the recount is being sought.
new text end

(b) In a state general election when the difference between the votes of a candidate
who would otherwise be declared elected tonew text begin:
new text end

new text begin (1) a state legislative office is less than one-half of one percent of the total number of
votes counted for that office or is ten votes or less and the total number of votes cast for
the office is 400 votes or less; or
new text end

new text begin (2)new text end a statewide federal office, state constitutional office, statewide judicial office,
congressional office, deleted text beginstate legislative office,deleted text end or district judicial office and the votes of
any other candidate for that officedeleted text begin:
deleted text end

deleted text begin (1)deleted text end is less than deleted text beginone-halfdeleted text endnew text begin one-quarternew text end of one percent of the total number of votes
counted for that officedeleted text begin;deleted text end or

deleted text begin (2)deleted text end is ten votes or less if the total number of votes cast for the office is 400 votes or less,

the canvassing board shall manually recount the votesnew text begin upon receiving a written request
from the candidate whose election is in question
new text end.

new text begin Immediately following the meeting of the board that has responsibility for
canvassing the results of the general election, the filing officer must notify the candidate
that the candidate has the option to request a recount of the votes at no cost to the
candidate. This written request must be received by the filing officer no later than 48 hours
after the canvass of the election for which the recount is being sought.
new text end

(c) A recount must not delay any other part of the canvass. The results of the recount
must be certified by the canvassing board as soon as possible.

(d) Time for notice of a contest for an office which is recounted pursuant to this section
shall begin to run upon certification of the results of the recount by the canvassing board.

deleted text begin (e) A losing candidate may waive a recount required pursuant to this section by
filing a written notice of waiver with the canvassing board.
deleted text end

Sec. 38.

Minnesota Statutes 2012, section 204C.35, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Filing officer. new text end

new text begin For the purposes of this section, the secretary of state is
the filing officer for candidates for all federal offices and for state offices voted on in
more than one county. The county auditor is the filing officer for state offices voted on
in only one county.
new text end

Sec. 39.

Minnesota Statutes 2012, section 204C.36, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginRequireddeleted text end new text beginPublicly funded new text endrecounts.

(a) Except as provided in
deleted text beginparagraphdeleted text endnew text begin paragraphsnew text end (b)new text begin and (c)new text end, a losing candidate for nomination or election to a
county, municipal, or school district office may request a recount of the votes cast for
the nomination or election to that office if the difference between the vote cast for that
candidate and for a winning candidate for nomination or election is less than deleted text beginone-half
deleted text endnew text begin one-quarternew text end of one percent of the total votes counted for that office. In case of offices where
two or more seats are being filled from among all the candidates for the office, the deleted text beginone-half
deleted text endnew text begin one-quarternew text end of one percent difference is between the elected candidate with the fewest votes
and the candidate with the most votes from among the candidates who were not elected.

new text begin (b) A losing candidate for nomination or election to a county, municipal, or school
district office may request a recount of the votes cast for nomination or election to that
office if the difference between the votes cast for that candidate and for a winning
candidate for nomination or election is less than one-half of one percent, and the total
number of votes cast for the nomination or election of all candidates is more than 400
but less than 50,000. In cases of offices where two or more seats are being filled from
among all the candidates for the office, the one-half of one percent difference is between
the elected candidate with the fewest votes and the candidate with the most votes from
among the candidates who were not elected.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end A losing candidate for nomination or election to a county, municipal, or
school district office may request a recount of the votes cast for nomination or election
to that office if the difference between the vote cast for that candidate and for a winning
candidate for nomination or election is ten votes or less, and the total number of votes cast
for the nomination or election of all candidates is no more than 400. In cases of offices
where two or more seats are being filled from among all the candidates for the office,
the ten vote difference is between the elected candidate with the fewest votes and the
candidate with the most votes from among the candidates who were not elected.

deleted text begin (c)deleted text endnew text begin (d)new text end Candidates for county offices shall file a written request for the recount with
the county auditor. Candidates for municipal or school district offices shall file a written
request with the municipal or school district clerk as appropriate. All requests shall be filed
during the time for notice of contest of the primary or election for which a recount is sought.

deleted text begin (d)deleted text endnew text begin (e)new text end Upon receipt of a request made pursuant to this section, the county auditor
shall recount the votes for a county office at the expense of the county, the governing
body of the municipality shall recount the votes for a municipal office at the expense of
the municipality, and the school board of the school district shall recount the votes for a
school district office at the expense of the school district.

Sec. 40.

Minnesota Statutes 2012, section 204D.08, subdivision 6, is amended to read:


Subd. 6.

State and county nonpartisan primary ballot.

The state and county
nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary
Ballot." It shall be printed deleted text beginon canary paperdeleted text endnew text begin in the manner provided in the rules of the
secretary of state
new text end. The names of candidates for nomination to the Supreme Court, Court of
Appeals, district court, and all county offices shall be placed on this ballot.

No candidate whose name is placed on the state and county nonpartisan primary
ballot shall be designated or identified as the candidate of any political party or in any
other manner except as expressly provided by law.

Sec. 41.

Minnesota Statutes 2012, section 204D.09, subdivision 2, is amended to read:


Subd. 2.

Sample ballot.

At least deleted text begintwo weeksdeleted text endnew text begin 46 daysnew text end before the state primary the
county auditor shall prepare a sample deleted text beginstate partisan primary ballot and a sample state and
county nonpartisan primary
deleted text end ballot for new text begineach precinct for new text endpublic inspectionnew text begin and transmit an
electronic copy of these sample ballots to the secretary of state
new text end. The names of deleted text beginall ofdeleted text end 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. deleted text beginOnly one sample state partisan primary ballot and one
sample state and county nonpartisan ballot shall be prepared for any county.
deleted text end The county
auditor shall post the sample ballots in a conspicuous place in the auditor's office and shall
cause them to be published at least one week before the state primary in at least one
newspaper of general circulation in the county.

Sec. 42.

Minnesota Statutes 2012, section 204D.11, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginWhitedeleted text end new text beginState general election new text endballot; rules.

The names of
the candidates for all deleted text beginpartisandeleted text end new text beginstate and federal new text endofficesnew text begin, all proposed constitutional
amendments, all county offices and questions, and all judicial offices
new text end voted on at the state
general election shall be placed on a single ballot deleted text beginprinted on white paper whichdeleted text endnew text begin that new text end shall
be known as the "deleted text beginwhitedeleted text end new text beginstate general election new text endballot." This ballot shall be prepared by the
county auditor subject to the rules of the secretary of state. The secretary of state shall
adopt rules for preparation and time of delivery of the deleted text beginwhitedeleted text end new text beginstate general election new text endballot.

Sec. 43.

Minnesota Statutes 2012, section 204D.11, subdivision 4, is amended to read:


Subd. 4.

Special federal deleted text beginwhitedeleted text end ballot.

(a) The names of all candidates for the
offices of president and vice-president of the United States and senator and representative
in Congress shall be placed on a ballot deleted text beginprinted on white paper whichdeleted text end new text beginthat new text endshall be known
as the "special federal deleted text beginwhitedeleted text end ballot."

(b) This ballot shall be prepared by the county auditor in the same manner as
the deleted text beginwhitedeleted text end new text beginstate general election new text endballot and shall be subject to the rules adopted by the
secretary of state pursuant to subdivision 1. This ballot must be prepared and furnished
in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act,
United States Code, title 42, section 1973ff.

(c) The special federal deleted text beginwhitedeleted text end ballot shall be the only ballot sent to citizens of
the United States who are eligible to vote by absentee ballot for federal candidates in
Minnesota.

Sec. 44.

Minnesota Statutes 2012, section 204D.11, subdivision 5, is amended to read:


Subd. 5.

Ballot headings.

The deleted text beginwhite, pink, and special federal whitedeleted text end ballot
new text begincontaining the offices and questions in subdivisions 1 and 4, new text endshall be headed with the
words "State General Election Ballot." deleted text beginThe canary ballot shall be headed with the words
"County and Judicial Nonpartisan General Election Ballot."
deleted text end

Sec. 45.

Minnesota Statutes 2012, section 204D.11, subdivision 6, is amended to read:


Subd. 6.

deleted text beginGraydeleted text end new text beginJudicial new text endballot.

When deleted text beginthe canary ballot would be longer than 30
inches or when
deleted text end it would not be possible to place all offices on a single ballot cardnew text begin for the
state general election
new text end, the judicial offices deleted text beginthat should be placed on the canary ballotdeleted text end may be
placed instead on a separate deleted text begingraydeleted text end new text beginjudicial new text endballot. The deleted text begingraydeleted text end new text beginjudicial new text endballot shall be prepared
by the county auditor in the manner provided in the rules of the secretary of state.

The deleted text begingraydeleted text end new text beginjudicial new text endballot must be headed with the words: "Judicial Nonpartisan
General Election Ballot." Separate ballot boxes must be provided for these deleted text begingraydeleted text end new text beginjudicial
new text endballots.

Sec. 46.

Minnesota Statutes 2012, section 204D.13, subdivision 3, is amended to read:


Subd. 3.

Nominees by petition; placement on ballot.

The names of candidates
nominated by petition for a partisan office voted on at the state general election shall be
placed on the deleted text beginwhitedeleted text end new text beginstate general election new text endballot after the names of the candidates for that
office who were nominated at the state primary. deleted text beginPrior to the state primarydeleted text endnew text begin No later than
11 weeks before the state general election
new text end, the secretary of state shall determine by lot
the order of candidates nominated by petition. The drawing of lots must be by political
party or principle. The political party or political principle of the candidate as stated on
the petition shall be placed after the name of a candidate nominated by petition. The word
"nonpartisan" shall not be used to designate any partisan candidate whose name is placed
on the deleted text beginwhitedeleted text end new text beginstate general election new text endballot by nominating petition.

Sec. 47.

Minnesota Statutes 2012, section 204D.14, subdivision 1, is amended to read:


Subdivision 1.

Rotation of names.

The names of candidates for nonpartisan offices
on the deleted text begincanarydeleted text end new text beginstate general election ballot and the judicial nonpartisan general election
new text endballot shall be rotated in the manner provided for rotation of names on state partisan
primary ballots by section 204D.08, subdivision 3.

Sec. 48.

Minnesota Statutes 2012, section 204D.14, subdivision 3, is amended to read:


Subd. 3.

Uncontested judicial offices.

Judicial offices for a specific court for
which there is only one candidate filed must appear after all other judicial offices for that
same court on the deleted text begincanarydeleted text end ballot.

Sec. 49.

Minnesota Statutes 2012, section 204D.15, subdivision 3, is amended to read:


Subd. 3.

Sample deleted text beginpinkdeleted text end ballotnew text begin; constitutional amendmentsnew text end.

Four weeks before the
state general election the secretary of state shall file sample copies of the deleted text beginpink ballot
deleted text end new text beginportion of the state general election ballot that contains the proposed constitutional
amendments
new text endin the Secretary of State's Office for public inspection. Three weeks before
the state general election the secretary of state shall deleted text beginmaildeleted text end new text begintransmit new text endsample copies of the
deleted text beginpinkdeleted text end new text beginsample new text endballot to each county auditor. Each auditor shall post the sample ballot in a
conspicuous place in the auditor's office.

Sec. 50.

Minnesota Statutes 2012, section 204D.16, is amended to read:


204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING;
PUBLICATION.

deleted text begin Two weeks before the state general election the county auditor shall prepare sample
copies of the white and canary ballots and
deleted text endnew text begin At least 46 days before the state general
election, the county auditor
new text end shall post deleted text begincopies of thesedeleted text end sample ballots deleted text beginand a sample of the
pink ballot
deleted text endnew text begin for each precinctnew text end in the auditor's office for public inspectionnew text begin and transmit an
electronic copy of these sample ballots to the secretary of state
new text end. No earlier than 15 days
and no later than two days before the state general election the county auditor shall cause
deleted text beginthedeleted text endnew text begin anew text end sample deleted text beginwhite and canary ballotsdeleted text endnew text begin state general election ballotnew text end to be published in at
least one newspaper of general circulation in the county.

Sec. 51.

Minnesota Statutes 2012, section 204D.165, is amended to read:


204D.165 SAMPLE BALLOTS TO SCHOOLS.

deleted text begin Notwithstanding any contrary provisions in section 204D.09 or 204D.16,deleted text end The county
auditor, two weeks before the applicable primary or general election, shall provide one
copy of deleted text beginthedeleted text end new text beginan appropriate new text endsample deleted text beginpartisan primary, nonpartisan primary, canary, white,
or pink
deleted text end ballot to a school district upon request. The school district may have the sample
ballots reproduced at its expense for classroom educational purposes and for educational
activities authorized under section 204B.27, subdivision 7.

Sec. 52.

Minnesota Statutes 2012, section 204D.19, subdivision 2, is amended to read:


Subd. 2.

Special election when legislature will be in session.

Except for
vacancies in the legislature which occur at any time between the last day of session in an
odd-numbered year and the 40th day prior to the opening day of session in the succeeding
even-numbered year, when a vacancy occurs and the legislature will be in session so
that the individual elected as provided by this section could take office and exercise the
duties of the office immediately upon election, the governor shall issue within five days
after the vacancy occurs a writ calling for a special election. The special election shall
be held as soon as possible, consistent with the notice requirements of section 204D.22,
subdivision 3
, but in no event more than 35 days after the issuance of the writ.new text begin A special
election must not be held during the four days before or the four days after a holiday as
defined in section 645.44, subdivision 5.
new text end

Sec. 53.

Minnesota Statutes 2012, section 205.02, subdivision 2, is amended to read:


Subd. 2.

City elections.

In all statutory and home rule charter cities, the primary,
general and special elections held for choosing city officials and deciding public questions
relating to the city shall be held as provided in this chapter, except that sections 205.065,
subdivisions 4 to 6; 205.07, subdivision 3; 205.10; 205.121; and 205.17, deleted text beginsubdivisions 2
and
deleted text endnew text begin subdivisionnew text end 3, do not apply to a city whose charter provides the manner of holding
its primary, general or special elections.

Sec. 54.

Minnesota Statutes 2012, section 205.10, subdivision 3, is amended to read:


Subd. 3.

Prohibition.

No special election authorized under subdivision 1 may be
held within deleted text begin40deleted text endnew text begin 56 new text end days after the state general election.

Sec. 55.

Minnesota Statutes 2012, section 205.13, subdivision 1a, is amended to read:


Subd. 1a.

Filing period.

In a city nominating candidates at a primary, an affidavit of
candidacy for a city office voted on in November must be filed no more than 84 days nor
less than 70 days before the city primary. In municipalities that do not hold a primary, an
affidavit of candidacy must be filed no more than 70 days and not less than 56 days before
the municipal general election held in March in any year, or a special election not held in
conjunction with another election, and no more than 98 days nor less than 84 days before
the municipal general election held in November of any year.new text begin The municipal clerk's office
must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period.
new text end

Sec. 56.

Minnesota Statutes 2012, section 205.16, subdivision 4, is amended to read:


Subd. 4.

Notice to auditor.

At least deleted text begin67deleted text end new text begin74 new text enddays before every municipal election deleted text beginheld
in conjunction with a regularly scheduled primary for federal, state, county, city, or school
board office or a special primary for federal office, at least 74 days before every municipal
election held in connection with a regularly scheduled general election for federal, state,
county, city, or school board office or a special election for federal office, and at least 53
days before any other municipal election
deleted text end, the municipal clerk shall provide a written notice
to the county auditor, including the date of the election, the offices to be voted on at the
election, and the title and language for each ballot question to be voted on at the election.
At least deleted text begin67deleted text end new text begin74 new text enddays before every municipal election deleted text beginheld in conjunction with a regularly
scheduled primary for federal, state, county, city, or school board office or a special
primary for federal office, at least 74 days before a regularly scheduled general election for
federal, state, county, city, or school board office or a special election for federal office, and
at least 46 days before any other election
deleted text end, the municipal clerk must provide written notice
to the county auditor of any special election canceled under section 205.10, subdivision 6.

Sec. 57.

Minnesota Statutes 2012, section 205.16, subdivision 5, is amended to read:


Subd. 5.

Notice to secretary of state.

At least deleted text begin67deleted text endnew text begin 74new text end days before every municipal
election deleted text beginheld in conjunction with a regularly scheduled primary for federal, state, county,
city, or school board office or a special primary for federal office, at least 74 days before
every municipal election held in conjunction with a regularly scheduled general election
for federal, state, county, city, or school board office or a special election for federal office,
and at least 46 days before any other municipal election
deleted text end for which a notice is provided
to the county auditor under subdivision 4, the county auditor shall provide a notice of
the election to the secretary of state, in a manner and including information prescribed
by the secretary of state.

Sec. 58.

Minnesota Statutes 2012, section 205.17, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginSecond, third, and fourth class cities; townsdeleted text endnew text begin Municipal offices;
questions; general election ballot
new text end.

In all statutory and home rule charter cities deleted text beginof the
second, third, and fourth class
deleted text end, and in all towns, deleted text beginfor the municipal general election,deleted text end the
municipal clerk shall have printed deleted text beginon light green paperdeleted text end the official ballot containing the
names of all candidates for municipal officesnew text begin and municipal ballot questionsnew text end. The ballot
shall be printed in quantities of 25, 50, or 100, shall be headed "City or Town Election
Ballot," shall state the name of the city or town and the date of the election, and shall
conform in other respects to the deleted text beginwhite ballot used at thedeleted text end state general electionnew text begin ballotnew text end. The
names shall be arranged on city ballots in the manner provided for the state elections. On
town ballots names of the candidates for each office shall be arranged either:

(1) alphabetically according to the candidates' surnames; or

(2) in the manner provided for state elections if the town electors chose at the town's
annual meeting to arrange the names in that way for at least two consecutive years.

Sec. 59.

Minnesota Statutes 2012, section 205.17, subdivision 3, is amended to read:


Subd. 3.

Primary ballots.

The municipal primary ballot deleted text beginin cities of the second,
third, and fourth class and towns and the nonpartisan primary ballot in cities of the first
class
deleted text end shall conform as far as practicable with the municipal general election ballot deleted text beginexcept
that it shall be printed on light green paper
deleted text end. No blank spaces shall be provided for writing
in the names of candidates. deleted text beginThe partisan primary ballot in cities of the first class shall
conform as far as practicable with the state partisan primary ballot.
deleted text end

Sec. 60.

Minnesota Statutes 2012, section 205A.04, is amended by adding a
subdivision to read:


new text begin Subd. 3. new text end

new text begin Change in year of general election. new text end

new text begin The school board may, by resolution,
change the year in which the school district general election will be held. The resolution
must be approved no later than four weeks before the first day to file affidavits of
candidacy for the general election. A plan for the orderly transition to the new election
year must be included in the resolution. The terms of school board members may be
lengthened or shortened by one year as a part of the transition process.
new text end

Sec. 61.

Minnesota Statutes 2012, section 205A.05, subdivision 1, is amended to read:


Subdivision 1.

Questions.

Special elections must be held for a school district on a
question on which the voters are authorized by law to pass judgment. The school board
may on its own motion call a special election to vote on any matter requiring approval of
the voters of a district. Upon petition filed with the school board of 50 or more voters of
the school district or five percent of the number of voters voting at the preceding school
district general election, whichever is greater, the school board shall by resolution call
a special election to vote on any matter requiring approval of the voters of a district. A
question is carried only with the majority in its favor required by law. The election officials
for a special election are the same as for the most recent school district general election
unless changed according to law. Otherwise, special elections must be conducted and the
returns made in the manner provided for the school district general election. A special
election may not be held during the deleted text begin30deleted text end new text begin56 new text enddays before and the deleted text begin30deleted text end new text begin56 new text enddays after deleted text beginthe statedeleted text end new text begina
regularly scheduled
new text endprimarydeleted text begin, during the 30 days before and the 40 days after the statedeleted text end new text beginor
new text endgeneral electiondeleted text begin. In addition, a special election may not be held during the 20 days before
and the 20 days after any regularly scheduled election of a municipality
deleted text end new text beginconducted new text endwholly
or partially within the school district. Notwithstanding any other law to the contrary, the
time period in which a special election must be conducted under any other law may be
extended by the school board to conform with the requirements of this subdivision.

Sec. 62.

Minnesota Statutes 2012, section 205A.05, subdivision 2, is amended to read:


Subd. 2.

Vacancies in school district offices.

Special elections shall be held in
school districts in conjunction with school district primary and general elections to fill
vacancies in elective school district offices.new text begin When more than one vacancy exists in an
office elected at-large, voters must be instructed to vote for up to the number of vacancies
to be filled.
new text end

Sec. 63.

Minnesota Statutes 2012, section 205A.07, subdivision 3, is amended to read:


Subd. 3.

Notice to auditor.

At least deleted text begin67deleted text end new text begin74 new text enddays before every school district election
deleted text beginheld in conjunction with a regularly scheduled primary for federal, state, county, city, or
school board office or a special primary for federal office, at least 74 days before every
school district election held in conjunction with a regularly scheduled general election for
federal, state, county, city, or school board office or a special election for federal office,
and at least 53 days before any other school district election
deleted text end, the school district clerk shall
provide a written notice to the county auditor of each county in which the school district is
located. The notice must include the date of the election, the offices to be voted on at the
election, and the title and language for each ballot question to be voted on at the election.
For the purposes of meeting the timelines of this section, in a bond election, a notice,
including a proposed question, may be provided to the county auditor before receipt of a
review and comment from the commissioner of education and before actual initiation of
the election. At least deleted text begin67deleted text endnew text begin 74new text end days before every school district election deleted text beginheld in conjunction
with a regularly scheduled primary for federal, state, county, city, or school board office or
a special primary for federal office, at least 74 days before an election held in conjunction
with a regularly scheduled general election for federal, state, county, city, or school board
office or a special election for federal office, and at least 46 days before any other election
deleted text end,
the school district clerk must provide written notice to the county auditor of any special
election canceled under section 205A.05, subdivision 3.

Sec. 64.

Minnesota Statutes 2012, section 205A.07, subdivision 3a, is amended to read:


Subd. 3a.

Notice to commissioner of education.

At least deleted text begin67deleted text end new text begin74 new text enddays before every
school district election deleted text beginheld in conjunction with a regularly scheduled primary for federal,
state, county, city, or school board office or a special primary for federal office, at least 74
days before every school district election held in conjunction with a regularly scheduled
general election for federal, state, county, city, or school board office or a special election
for federal office, and at least 49 days before any other school district election,
deleted text end under
section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the school district clerk shall
provide a written notice to the commissioner of education. The notice must include the
date of the election and the title and language for each ballot question to be voted on at the
election. At least deleted text begin67deleted text endnew text begin 74new text end days before every school district election deleted text beginheld in conjunction with
a regularly scheduled primary for federal, state, county, city, or school board office or a
special primary for federal office, at least 74 days before every school district election
held in conjunction with a regularly scheduled general election for federal, state, county,
city, or school board office or a special election for federal office, and at least 46 days
before any other school district election
deleted text end, the school district clerk must provide a written
notice to the commissioner of education of any special election canceled under section
205A.05, subdivision 3. The certified vote totals for each ballot question shall be provided
in a written notice to the commissioner in a timely manner.

Sec. 65.

Minnesota Statutes 2012, section 205A.07, subdivision 3b, is amended to read:


Subd. 3b.

Notice to secretary of state.

At least deleted text begin67deleted text endnew text begin 74 new text end days before every school
district election deleted text beginheld in conjunction with a regularly scheduled primary for federal, state,
county, city, or school board office or a special primary for federal office, at least 74
days before every school district election held in conjunction with a regularly scheduled
general election for federal, state, county, city, or school board office or a special election
for federal office, and at least 46 days before any other school district election
deleted text end for which
a notice is provided to the county auditor under subdivision 3, the county auditor shall
provide a notice of the election to the secretary of state, in a manner and including
information prescribed by the secretary of state.

Sec. 66.

Minnesota Statutes 2012, section 205A.08, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginBuffdeleted text end new text beginGeneral election new text endballot.

The names of all candidates for offices
new text beginand all ballot questions new text endto be voted on at a school district general election must be placed
on a single ballot deleted text beginprinted on buff paper and known as the "buff ballot."deleted text endnew text begin.
new text end

Sec. 67.

Minnesota Statutes 2012, section 206.57, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Ballot boxes. new text end

new text begin Notwithstanding Minnesota Rules, part 8230.4355, ballot
boxes used with precinct count voting systems are not required to contain two separate
compartments to receive ballots.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 68.

Minnesota Statutes 2012, section 206.61, subdivision 4, is amended to read:


Subd. 4.

Order of candidates.

On the "State Partisan Primary Ballot" prepared for
primary elections, and on the deleted text beginwhitedeleted text end new text beginstate general election new text endballot prepared for the general
election, the order of the names of nominees or names of candidates for election shall be
the same as required for paper ballots. More than one column or row may be used for the
same office or party. Electronic ballot display and audio ballot readers must conform to
the candidate order on the optical scan ballot used in the precinct.

Sec. 69.

Minnesota Statutes 2012, section 206.89, subdivision 2, is amended to read:


Subd. 2.

Selection for review; notice.

At the canvass of the state primary, the
county canvassing board in each county must set the date, time, and place for the
postelection review of the state general election to be held under this section. new text beginThe
postelection review must not begin before the 11th day after the state general election and
must be complete no later than the 18th day after the state general election.
new text end

At the canvass of the state general election, the county canvassing boards must select
the precincts to be reviewed by lot. deleted text beginBallots counted centrally by a ballot board shall be
considered one precinct eligible to be selected for purposes of this subdivision.
deleted text end new text beginThe ballots
to be reviewed for a precinct include both the ballots counted at the polling place for that
precinct and the absentee ballots counted centrally by a ballot board for that precinct.
new text end The
county canvassing board of a county with fewer than 50,000 registered voters must conduct
a postelection review of a total of at least two precincts. The county canvassing board of a
county with between 50,000 and 100,000 registered voters must conduct a review of a total
of at least three precincts. The county canvassing board of a county with over 100,000
registered voters must conduct a review of a total of at least four precincts, or three percent
of the total number of precincts in the county, whichever is greater. At least one precinct
selected in each county must have had more than 150 votes cast at the general election.

The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will be
conducted, as soon as the decisions are made. If the selection of precincts has not resulted
in the selection of at least four precincts in each congressional district, the secretary of state
may require counties to select by lot additional precincts to meet the congressional district
requirement. The secretary of state must post this information on the office Web site.

Sec. 70.

Minnesota Statutes 2012, section 206.89, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Exception. new text end

new text begin No review is required under this section if the election for the
office will be subject to a recount as provided in section 204C.35, subdivision 1.
new text end

Sec. 71.

Minnesota Statutes 2012, section 206.90, subdivision 6, is amended to read:


Subd. 6.

Ballots.

In precincts using optical scan voting systems, a single ballot card
on which all ballot information is included must be printed in black ink on white colored
material except that marks not to be read by the automatic tabulating equipment may be
printed in another color ink.new text begin In state elections, a single ballot title must be used, as provided
in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. In odd-numbered years
when both municipal and school district offices or questions appear on the ballot, the
single ballot title "City (or Town) and School District Ballot" must be used.
new text end

On the front of the ballot must be printed the words "Official Ballot" and the date of
the election and lines for the initials of at least two election judges.

When optical scan ballots are used, the offices to be elected must appear in the
following order: federal offices; state legislative offices; constitutional offices; proposed
constitutional amendments; county offices and questions; municipal offices and questions;
school district offices and questions; special district offices and questions; and judicial
offices.

On optical scan ballots, the names of candidates and the words "yes" and "no" for
ballot questions must be printed as close to their corresponding vote targets as possible.

The line on an optical scan ballot for write-in votes must contain the words "write-in,
if any."

If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the
instructions to voters must include a statement that reads substantially as follows: "THIS
BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN
BALLOT. ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR
CANDIDATES OF ONE POLITICAL PARTY ONLY." If a primary ballot contains
political party columns on both sides of the ballot, the instructions to voters must include a
statement that reads substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE
PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE POLITICAL
PARTY ONLY." At the bottom of each political party column on the primary ballot, the
ballot must contain a statement that reads substantially as follows: "CONTINUE VOTING
ON THE NONPARTISAN BALLOT." The instructions in section 204D.08, subdivision 4,
do not apply to optical scan partisan primary ballots. Electronic ballot displays and audio
ballot readers must follow the order of offices and questions on the optical scan or paper
ballot used in the same precinct, or the sample ballot posted for that precinct.

Sec. 72.

Minnesota Statutes 2012, section 208.04, subdivision 1, is amended to read:


Subdivision 1.

Form of presidential ballots.

When presidential electors and
alternates are to be voted for, a vote cast for the party candidates for president and vice
president shall be deemed a vote for that party's electors and alternates as filed with the
secretary of state. The secretary of state shall certify the names of all duly nominated
presidential and vice presidential candidates to the county auditors of the counties of
the state. Each county auditor, subject to the rules of the secretary of state, shall cause
the names of the candidates of each major political party and the candidates nominated
by petition to be printed in capital letters, set in type of the same size and style as for
candidates on the state deleted text beginwhitedeleted text end new text begingeneral election new text endballot, before the party designation. To the
left of, and on the same line with the names of the candidates for president and vice
president, near the margin, shall be placed a square or box, in which the voters may
indicate their choice by marking an "X."

The form for the presidential ballot and the relative position of the several candidates
shall be determined by the rules applicable to other state officers. The state ballot, with
the required heading, shall be printed on the same piece of paper and shall be below the
presidential ballot with a blank space between one inch in width.

Sec. 73.

Minnesota Statutes 2012, section 208.04, subdivision 2, is amended to read:


Subd. 2.

Applicable rules.

The rules for preparation, state contribution to the cost
of printing, and delivery of presidential ballots are the same as the rules for deleted text beginwhitedeleted text end new text beginstate
general election
new text endballots under section 204D.11, subdivision 1.

Sec. 74.

Minnesota Statutes 2012, section 211B.045, is amended to read:


211B.045 NONCOMMERCIAL SIGNS EXEMPTION.

deleted text begin In any municipality, whether or not the municipality has an ordinance that regulates
the size or number of noncommercial signs,
deleted text end All noncommercial signs of any size may be
posted in any number deleted text beginfromdeleted text end new text beginbeginning new text end46 days before the state primary in a state general
election year until ten days following the state general election.new text begin Municipal ordinances
may regulate the size and number of noncommercial signs at other times.
new text end

Sec. 75.

Minnesota Statutes 2012, section 211B.37, is amended to read:


211B.37 COSTS ASSESSED.

Except as otherwise provided in section 211B.36, subdivision 3, the chief
administrative law judge shall assess the cost of considering complaints filed under
section 211B.32 as provided in this section. Costs of complaints relating to a statewide
ballot question or an election for a statewide or legislative office must be assessed against
the appropriation from the general fund to the general account of the state elections
campaign fund in section 10A.31, subdivision 4. Costs of complaints relating to any
other ballot question or elective office must be deleted text beginassessed against the county or counties in
which the election is held. Where the election is held in more than one county, the chief
administrative law judge shall apportion the assessment among the counties in proportion
to their respective populations within the election district to which the complaint relates
according to the most recent decennial federal census
deleted text endnew text begin paid from appropriations to the
office for this purpose
new text end.

Sec. 76.

Minnesota Statutes 2012, section 340A.416, subdivision 2, is amended to read:


Subd. 2.

Ballot question.

The new text beginform of the new text endquestion of the referendum under this
section must be deleted text beginon a separate ballot and must allow the voters to vote either "for license"
or "against license."
deleted text endnew text begin either "Shall the city issue ... intoxicating liquor licenses?" or "Shall
the city discontinue issuing intoxicating liquor licenses?".
new text end

Sec. 77.

Minnesota Statutes 2012, section 340A.416, subdivision 3, is amended to read:


Subd. 3.

Effect of election results.

If a majority of persons voting on the
referendum question vote deleted text begin"against license,"deleted text end new text beginto discontinue issuing licenses, new text endthe city may
not issue intoxicating liquor licenses until the results of the referendum have been reversed
at a subsequent election where the question has been submitted as provided in this section.

Sec. 78.

Minnesota Statutes 2012, section 340A.602, is amended to read:


340A.602 CONTINUATION.

In any city in which the report of the operations of a municipal liquor store has
shown a net loss prior to interfund transfer in any two of three consecutive years, the
city council shall, not more than 45 days prior to the end of the fiscal year following
the three-year period, hold a public hearing on the question of whether the city shall
continue to operate a municipal liquor store. Two weeks' notice, written in clear and easily
understandable language, of the hearing must be printed in the city's official newspaper.
Following the hearing the city council may on its own motion or shall upon petition of five
percent or more of the registered voters of the city, submit to the voters at a general or
special municipal election the question of whether the city shall continue or discontinue
municipal liquor store operations by a date which the city council shall designate. The
date designated by the city council must not be more than 30 months following the date
of the election.new text begin The form of the question shall be: "Shall the city of (name) discontinue
operating the municipal liquor store on (Month xx, 2xxx)?".
new text end

Sec. 79.

Minnesota Statutes 2012, section 375.20, is amended to read:


375.20 BALLOT QUESTIONS.

If the county board may do an act, incur a debt, appropriate money for a purpose,
or exercise any other power or authority, only if authorized by a vote of the people, the
question may be submitted at a special or general election, by a resolution specifying the
matter or question to be voted upon. If the question is to authorize the appropriation of
money, creation of a debt, or levy of a tax, it shall state the amount. Notice of the election
shall be given as in the case of special elections. If the question submitted is adopted, the
board shall pass an appropriate resolution to carry it into effect. In the election the form
of the ballot shall be: "deleted text beginIn favor ofdeleted text end new text beginShall new text end(here state the substance of the resolution to be
submitted)new text begin?new text end, Yes ...... No......," deleted text beginwith a square opposite each of the words "yes" and "no," in
one of which the voter shall mark an "X" to indicate a choice
deleted text end. The county board may call
a special county election upon a question to be held within deleted text begin60deleted text end new text begin74 new text enddays after a resolution to
that effect is adopted by the county board. Upon the adoption of the resolution the county
auditor shall post and publish notices of the election, as required by section 204D.22,
subdivisions 2 and 3. The election shall be conducted and the returns canvassed in the
manner prescribed by sections 204D.20 to 204D.27, so far as practicable.

Sec. 80.

Minnesota Statutes 2012, section 447.32, subdivision 2, is amended to read:


Subd. 2.

Elections.

Except as provided in this chapter, the Minnesota Election Law
applies to hospital district elections, as far as practicable. Regular elections must be held
in each hospital district at the same time, in the same election precincts, and at the same
polling places as general elections of state and county officers. It may establish the whole
district as a single election precinct or establish two or more different election precincts and
polling places for the elections. If there is more than one precinct, the boundaries of the
election precincts and the locations of the polling places must be defined in the notice of
election, either in full or by reference to a description or map on file in the office of the clerk.

Special elections may be called by the hospital board to vote on any matter required
by law to be submitted to the voters. A special election may not be conducted either
during the deleted text begin30deleted text endnew text begin 56new text end days before deleted text beginand the 30 days after the statedeleted text end new text beginor the 56 days after a regularly
scheduled
new text endprimary or deleted text beginstatedeleted text end general election, deleted text beginor during the 20 days before and the 20 days
after the regularly scheduled election of any municipality
deleted text end new text beginconducted new text endwholly or partially
within the hospital district. Special elections must be held within the election precinct or
precincts and at the polling place or places designated by the board. In the case of the
first election of officers of a new district, precincts and polling places must be set by the
governing body of the most populous city or town included in the district.

Advisory ballots may be submitted by the hospital board on any question it wishes,
concerning the affairs of the district, but only at a regular election or at a special election
required for another purpose.

Sec. 81.

Minnesota Statutes 2012, section 447.32, subdivision 3, is amended to read:


Subd. 3.

Election notices.

At least two weeks before the first day to file affidavits
of candidacy, the clerk of the district shall publish a notice stating the first and last day
on which affidavits of candidacy may be filed, the places for filing the affidavits and the
closing time of the last day for filing. The clerk shall post a similar notice in at least one
conspicuous place in each city and town in the district at least ten days before the first
day to file affidavits of candidacy.

At least deleted text begin53deleted text end new text begin74 new text enddays prior to every hospital district election, the hospital district clerk
shall provide a written notice to the county auditor of each county in which the hospital
district is located. The notice must include the date of the election, the offices to be voted
on at the election, and the title and language for each ballot question to be voted on at the
election. deleted text beginAt least 46 days before a hospital district election for which a notice is provided
to the county auditor under this subdivision,
deleted text end The county auditor shall new text beginimmediately new text endprovide
a notice to the secretary of state in a manner and including information prescribed by
the secretary of state.

The notice of each election must be posted in at least one public and conspicuous
place within each city and town included in the district at least deleted text beginten daysdeleted text end new text begintwo weeks new text endbefore
the election. It must be published in the official newspaper of the district or, if a paper has
not been designated, in a legal newspaper having general circulation within the district, at
least two weeks before the election. Failure to give notice does not invalidate the election
of an officer of the district. A voter may contest a hospital district election in accordance
with chapter 209. Chapter 209 applies to hospital district elections.

Sec. 82.

Minnesota Statutes 2012, section 447.32, subdivision 4, is amended to read:


Subd. 4.

Candidates; ballots; certifying election.

A person who wants to be a
candidate for the hospital board shall file an affidavit of candidacy for the election either as
member at large or as a member representing the city or town where the candidate resides.
The affidavit of candidacy must be filed with the city or town clerk not more than deleted text begin91deleted text end new text begin98 new text enddays
nor less than deleted text begin77deleted text end new text begin84 new text enddays before the first Tuesday after the first Monday in November of the
year in which the general election is held. The city or town clerk must forward the affidavits
of candidacy to the clerk of the hospital district or, for the first election, the clerk of the
most populous city or town immediately after the last day of the filing period. A candidate
may withdraw from the election by filing an affidavit of withdrawal with the clerk of the
district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy.

Voting must be by secret ballot. The clerk shall prepare, at the expense of the
district, necessary ballots for the election of officers. Ballots must be deleted text beginprinted on tan paper
and
deleted text end prepared as provided in the rules of the secretary of state. The ballots must be marked
and initialed by at least two judges as official ballots and used exclusively at the election.
Any proposition to be voted on may be printed on the ballot provided for the election
of officers. The hospital board may also authorize the use of voting systems subject to
chapter 206. Enough election judges may be appointed to receive the votes at each
polling place. The election judges shall act as clerks of election, count the ballots cast,
and submit them to the board for canvass.

After canvassing the election, the board shall issue a certificate of election to the
candidate who received the largest number of votes cast for each office. The clerk shall
deliver the certificate to the person entitled to it in person or by certified mail. Each person
certified shall file an acceptance and oath of office in writing with the clerk within 30
days after the date of delivery or mailing of the certificate. The board may fill any office
as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
qualification is effective if made before the board acts to fill the vacancy.

Sec. 83.

Laws 1963, chapter 276, section 2, subdivision 2, as amended by Laws 1992,
chapter 534, section 1, is amended to read:


Subd. 2.

deleted text beginOne third of the members of the first hospital board shall be appointed for a
term to expire one year from December 31 next following such appointment, one third
for a term to expire two years from such date, and one third for a term to expire three
years from such date. Successors to the original board members shall each be elected for
terms of three years, and all members shall hold office until their successors are elected
and qualify. Terms of all members shall expire on December 31. In case of a vacancy
on the hospital board, whether due to death, removal from the district, inability to serve,
resignation, or other cause the majority of the remaining members of the hospital board,
at its next regular or special meeting, shall make an appointment to fill such vacancy for
the then unexpired term. The election of successors to the original board members shall
be elected by popular vote of the qualified voters in the hospital district.
deleted text end new text beginHospital board
elections shall be conducted as provided in Minnesota Statutes, section 447.32. The
hospital board shall, by resolution, adopt a plan for the orderly transition to the new
election schedule. The resolution must be approved no later than four weeks before the
first day to file affidavits of candidacy for the general election. The terms of hospital board
members may be lengthened or shortened by one year as a part of the transition process.
new text end

Sec. 84. new text beginAPPROPRIATION.
new text end

new text begin $60,000 is appropriated from the general fund in fiscal year 2014 to the secretary of
state to develop functionality within the statewide voter registration system to facilitate
the processing and tracking of mail ballots.
new text end

Sec. 85. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 204B.22, subdivision 2; 204B.42; 204D.11,
subdivisions 2 and 3; 205.17, subdivisions 2 and 4; and 205A.08, subdivision 4,
new text end new text begin are
repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2012, sections 2.444; and 2.484, new text end new text begin are repealed.
new text end

ARTICLE 3

VOTING RIGHTS AND VOTING DATA

Section 1.

Minnesota Statutes 2012, section 13.851, subdivision 10, is amended to read:


Subd. 10.

Felony deleted text beginsentencedeleted text end new text beginoffender new text enddata; voter registration.

The use of felony
deleted text beginsentencedeleted text end new text beginoffender new text enddata made available to the secretary of state is governed by section
201.157.

Sec. 2.

Minnesota Statutes 2012, section 201.157, is amended to read:


201.157 USE OF DEPARTMENT OF CORRECTIONS DATA.

deleted text begin As required by the Help America Vote Act of 2002, Public Law 107-252,deleted text endnew text begin (a)new text end The
commissioner of corrections shall make electronic data available to the secretary of state
on individuals 18 years of age or older who are currentlynew text begin:
new text end

new text begin (1)new text end serving felony sentences under the commissioner's jurisdictionnew text begin; or
new text end

new text begin (2) on probation for felony offenses that would result in the loss of civil rights, as
indicated by the statewide supervision system established under section 241.065
new text end.

The data must include the name, date of birth, new text beginlast known residential address that is
not a correctional facility, and, if available,
new text endcorrections' state identification numberdeleted text begin, and if
available,
deleted text endnew text begin andnew text end the driver's license or state identification card number, and, if an individual
has completed the sentence, the date of discharge.

new text begin (b)new text end The secretary of state must determine if any data newly indicates that:

(1) an individual with an active voter registration in the statewide voter registration
system is currently serving a felony sentence under the commissioner's jurisdictionnew text begin or is on
probation for a felony offense that would result in the loss of civil rights
new text end and the individual's
voter record does not already have a challenged status due to a felony conviction;

(2) an individual with an active voter registration in the statewide voter registration
system who is currently serving a felony sentence under the commissioner's jurisdictionnew text begin or
who is on probation for a felony offense that would result in the loss of civil rights
new text end appears
to have registered to vote or to have voted during a period when the individual's civil
rights were revoked; and

(3) an individual with a voter record that has a challenged status due to a felony
conviction who was serving a felony sentence under the commissioner's jurisdiction
new text begin or who has been on probation for a felony offense that would result in the loss of civil
rights
new text end has been discharged from a sentence.

The secretary of state shall prepare a list of the registrants included under clause (1),
(2), or (3) for each county auditor. For individuals under clause (1), the county auditor
shall challenge the individual's record in the statewide voter registration system. The
county auditor must provide information to the county attorney about individuals under
clause (2) for the county attorney's investigation. For individuals under clause (3), the
county auditor must determine if the challenge status should be removed from the voter
record for the individual, and if so, must remove the challenge.

The secretary of state must make the required determinations and provide the
required lists to the county auditors at least monthly.

For each state general election that occurs prior to the statewide voter registration
system being programmed to generate lists as required by this section, the secretary of
state must make the determination and provide lists to the county auditors between 30 and
60 days before the election and again between six and ten weeks after the election. In the
year following that state election, the secretary of state must make this determination and
provide lists to the county auditors again as part of the annual list maintenance.

Sec. 3.

Minnesota Statutes 2012, section 201.275, is amended to read:


201.275 INVESTIGATIONS; PROSECUTIONS.

A deleted text begincounty attorney whodeleted text endnew text begin law enforcement agency thatnew text end is notified by affidavit of an
alleged violation of this chapter shall promptly investigate. new text beginUpon receiving an affidavit
alleging a violation of this chapter, a county attorney shall promptly forward it to a law
enforcement agency with jurisdiction for investigation.
new text endIf there is probable cause for
instituting a prosecution, the county attorney shall proceed by complaint or present the
charge, with whatever evidence has been found, to the grand jury. A county attorney who
refuses or intentionally fails to faithfully perform this or any other duty imposed by this
chapter is guilty of a misdemeanor and upon conviction shall forfeit office. The county
attorney, under the penalty of forfeiture of office, shall prosecute all violations of this
chapter except violations of this section; if, however, a complainant withdraws an allegation
under this chapter, the county attorney is not required to proceed with the prosecution.

Sec. 4.

Minnesota Statutes 2012, section 203B.06, subdivision 3, is amended to read:


Subd. 3.

Delivery of ballots.

(a) new text begin The commissioner of corrections must provide the
secretary of state with a list of the names and mailing addresses of state adult correctional
facilities. An application for an absentee ballot that provides an address included on the list
provided by the commissioner of corrections must not be accepted and an absentee ballot
must not be provided to the applicant. The county auditor or municipal clerk must promptly
transmit a copy of the application to the county attorney. The Department of Corrections
must implement procedures to ensure that absentee ballots issued under chapter 203B are
not received or mailed by offenders incarcerated at state adult correctional facilities.
new text end

new text begin (b) new text endIf an application for absentee ballots is accepted at a time when absentee ballots
are not yet available for distribution, the county auditor, or municipal clerk accepting the
application shall file it and as soon as absentee ballots are available for distribution shall
mail them to the address specified in the application. If an application for absentee ballots
is accepted when absentee ballots are available for distribution, the county auditor or
municipal clerk accepting the application shall promptly:

(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause (2);

(2) ship the ballots to the voter using a commercial shipper requested by the voter at
the voter's expense;

(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
voter who would have difficulty getting to the polls because of incapacitating health
reasons, or who is disabled, or who is a patient in a health care facility, a resident of
a facility providing assisted living services governed by chapter 144G, a participant in
a residential program for adults licensed under section 245A.02, subdivision 14, or a
resident of a shelter for battered women as defined in section 611A.37, subdivision 4.

deleted text begin (b)deleted text endnew text begin (c)new text end If an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
the next election occurring after receipt of the application. Only one set of ballots may
be mailed, shipped, or delivered to an applicant for any election, except as provided in
section 203B.121, subdivision 2, or when a replacement ballot has been requested by the
voter for a ballot that has been spoiled or lost in transit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 15, 2013.
new text end

Sec. 5.

Minnesota Statutes 2012, section 204C.14, is amended to read:


204C.14 UNLAWFUL VOTING; PENALTY.

new text begin Subdivision 1. new text end

new text begin Violations; penalty. new text end

No individual shall intentionally:

(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in
a ballot box or attempting to vote by means of a voting machine or electronic voting system;

(b) vote more than once at the same election;

(c) put a ballot in a ballot box for any illegal purpose;

(d) give more than one ballot of the same kind and color to an election judge to
be placed in a ballot box;

(e) aid, abet, counsel or procure another to go into any precinct for the purpose
of voting in that precinct, knowing that the other individual is not eligible to vote in
that precinct; or

(f) aid, abet, counsel or procure another to do any act in violation of this section.

A violation of this section is a felony.

new text begin Subd. 2. new text end

new text begin Signature on roster as evidence of intent. new text end

new text begin For purposes of proving a
violation of this section, the signature of an individual on a polling place roster is prima
facie evidence of the intent of the individual to vote at that election.
new text end

Sec. 6.

Minnesota Statutes 2012, section 241.065, subdivision 2, is amended to read:


Subd. 2.

Establishment.

The Department of Corrections shall administer and
maintain a computerized data system for the purpose of assisting criminal justice agencies
in monitoring and enforcing the conditions of conditional release imposed on criminal
offenders by a sentencing court or the commissioner of corrections. The adult data and
juvenile data as defined in section 260B.171 in the statewide supervision system are
private data as defined in section 13.02, subdivision 12, but are accessible to criminal
justice agencies as defined in section 13.02, subdivision 3a, to the Minnesota sex offender
program as provided in section 246B.04, subdivision 3, to public defenders as provided in
section 611.272, to all trial courts and appellate courts, and to criminal justice agencies in
other states in the conduct of their official duties.new text begin Adult data in the statewide supervision
system are accessible to the secretary of state for the purposes described in section 201.157.
new text end

Sec. 7. new text beginAPPROPRIATION.
new text end

new text begin $47,000 is appropriated in fiscal year 2014 and $48,000 is appropriated in fiscal year
2015 to the secretary of state to administer this article. Of these amounts, $48,000 is added
to the base budget of the secretary of state.
new text end

ARTICLE 4

ELECTRONIC ROSTERS

Section 1. new text beginELECTRONIC ROSTER PILOT PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Established. new text end

new text begin A pilot project is established to explore the use of
electronic rosters in conducting elections. Jurisdictions participating in the project may
use electronic rosters to process election day registration, to verify the registration status
of preregistered voters, or both. The pilot project shall apply to general elections for home
rule charter or statutory cities conducted in participating cities in 2013. The standards for
conducting the pilot project are provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Participating cities. new text end

new text begin Precincts located in Dilworth, Minnetonka,
Moorhead, Saint Anthony, and Saint Paul may participate in the project. In participating
cities, the head elections official may designate individual precincts in the jurisdiction to
participate. A city is not required to use electronic rosters in all precincts.
new text end

new text begin Subd. 3. new text end

new text begin Technology requirements. new text end

new text begin (a) In participating precincts, an electronic
poll book must:
new text end

new text begin (1) be able to be loaded with a data file that includes voter registration data in a file
format prescribed by the secretary of state, to the extent feasible;
new text end

new text begin (2) allow for data to be exported in a file format prescribed by the secretary of state;
new text end

new text begin (3) allow for data to be entered manually or by scanning a Minnesota driver's license
or identification card to populate a voter registration application that would be printed
and signed and dated by the voter;
new text end

new text begin (4) provide for a printed voter's signature certificate, containing the voter's name,
address of residence, date of birth, voter identification number, the oath required by
Minnesota Statutes, section 204C.10, and a space for the voter's original signature;
new text end

new text begin (5) immediately alert the election judge if the electronic poll book indicates that a
voter has already voted, the voter's registration status is challenged, or it appears the
voter resides in a different precinct;
new text end

new text begin (6) provide immediate instructions on how to resolve a particular type of challenge
when a voter's record is challenged; and
new text end

new text begin (7) perform any other functions necessary for the efficient and secure administration
of participating election, as determined by the secretary of state.
new text end

new text begin (b) In precincts using electronic rosters only for election day registration, the
technology does not need to comply with paragraph (a), clause (4), (5), or (6).
new text end

new text begin Subd. 4. new text end

new text begin Minnesota election law; other law. new text end

new text begin Except as provided in this section, the
provisions of the Minnesota Election Law apply to this pilot project, so far as practicable.
Voters participating in the safe at home program must be allowed to vote pursuant to
Minnesota Statutes, section 5B.06. Nothing in this section shall be construed to amend
absentee voting provisions in Minnesota Statutes, chapter 203B.
new text end

new text begin Subd. 5. new text end

new text begin Election records retention. new text end

new text begin All voter's signature certificates and voter
registration applications printed from an electronic poll book shall be retained pursuant to
Minnesota Statutes, section 204B.40. Data on election day registrants must be uploaded to
the statewide voter registration system for processing by county auditors.
new text end

new text begin Subd. 6. new text end

new text begin Election day. new text end

new text begin Participating precincts may use electronic rosters for
election day registration, to verify registration status of preregistered voters, or both. In
precincts using electronic rosters to verify registration status of preregistered voters, the
election judges shall also use a paper roster.
new text end

new text begin Subd. 7. new text end

new text begin Evaluation. new text end

new text begin The secretary of state must evaluate the pilot project and must
report to the legislative committees with jurisdiction over elections by January 31, 2014,
on the results of the evaluation. The report must include:
new text end

new text begin (1) a description of the technology that was used and explanation of how that
technology was selected;
new text end

new text begin (2) the process used for implementing electronic poll books;
new text end

new text begin (3) a description of training that was conducted for election judges and other election
officials in precincts that used electronic poll books;
new text end

new text begin (4) the number of voters who voted in each precinct using electronic poll books;
new text end

new text begin (5) comments, feedback, or recommendations from election judges and others in a
precinct using electronic poll books;
new text end

new text begin (6) the costs associated with the use of electronic poll books, broken down by precinct;
new text end

new text begin (7) comments, feedback, or recommendations from the participating cities and
counties regarding data transfers and other exchanges of information; and
new text end

new text begin (8) any other feedback or recommendations the secretary of state believes are
relevant to evaluating the pilot project.
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The authorization for this pilot project expires upon
submission of the report as provided in subdivision 7.
new text end

Sec. 2. new text beginELECTRONIC ROSTER TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The Electronic Roster Task Force consists of the
following 15 members:
new text end

new text begin (1) the director of the Department of Public Safety, Division of Vehicle Services, or
designee;
new text end

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

new text begin (3) an individual designated by the secretary of state, from the elections division in
the Office of the Secretary of State;
new text end

new text begin (4) the chief information officer of the state of Minnesota, or designee;
new text end

new text begin (5) one county auditor appointed by the Minnesota Association of County Officers;
new text end

new text begin (6) one town election official appointed by the Minnesota Association of Townships;
new text end

new text begin (7) one city election official appointed by the League of Minnesota Cities;
new text end

new text begin (8) one school district election official appointed by the Minnesota School Boards
Association;
new text end

new text begin (9) one representative appointed by the speaker of the house of representatives;
new text end

new text begin (10) one representative appointed by the minority leader of the house of
representatives;
new text end

new text begin (11) one senator appointed by the senate Subcommittee on the Committee of the
Committee on Rules and Administration;
new text end

new text begin (12) one senator appointed by the senate minority leader;
new text end

new text begin (13) one person appointed by the governor, familiar with electronic roster technology
but who does not represent a specific vendor of the technology; and
new text end

new text begin (14) two election judges appointed by the governor.
new text end

new text begin (b) Any vacancy shall be filled by appointment of the appointing authority for the
vacating member.
new text end

new text begin (c) Members shall be appointed by June 1, 2013.
new text end

new text begin Subd. 2. new text end

new text begin Conflict of interest. new text end

new text begin No member of the task force may have a financial
interest in a manufacturer or distributor of electronic roster technology.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The task force must research the following issues:
new text end

new text begin (1) electronic roster technology, including different types of electronic rosters;
new text end

new text begin (2) the ability to use photographs received from the Department of Vehicle Services;
new text end

new text begin (3) the ability to add photographs to the roster on election day;
new text end

new text begin (4) data security in electronic rosters, the statewide voter registration system, and the
Department of Vehicle Services;
new text end

new text begin (5) reliability of Department of Vehicle Services data, including the ability to match
names and photographs without duplication;
new text end

new text begin (6) ability of precincts across the state to connect an electronic roster to a secure
network to access the statewide voter registration system; and
new text end

new text begin (7) direct and indirect costs associated with using electronic rosters.
new text end

new text begin Subd. 4. new text end

new text begin First meeting. new text end

new text begin The secretary of state, or the secretary's designee, must
convene the initial meeting of the task force by July 1, 2013. The members of the task force
must elect a chair and a vice-chair from the members of the task force at the first meeting.
new text end

new text begin Subd. 5. new text end

new text begin Compensation. new text end

new text begin Public members of the task force shall be compensated
pursuant to Minnesota Statutes, section 15.059, subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Staff. new text end

new text begin The Legislative Coordinating Commission shall provide staff
support, as needed, to facilitate the task force's work.
new text end

new text begin Subd. 7. new text end

new text begin Report. new text end

new text begin The task force must submit a report by January 31, 2014, to
the chairs and ranking minority members of the committees in the senate and house of
representatives with primary jurisdiction over elections, summarizing its findings and
listing recommendations on the implementation of electronic rosters statewide. The report
shall include draft legislation to implement the recommendations of the task force.
new text end

new text begin Subd. 8. new text end

new text begin Sunset. new text end

new text begin The task force shall sunset the day following submission of the
report under subdivision 7, or January 31, 2014, whichever is earlier.
new text end

Sec. 3. new text beginAPPROPRIATIONS.
new text end

new text begin (a) $67,000 is appropriated from the general fund to the secretary of state in fiscal
year 2014 to implement this article.
new text end

new text begin (b) $21,000 is appropriated from the general fund to the Legislative Coordinating
Commission in fiscal year 2014 for the purposes of this article.
new text end

Sec. 4. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end

ARTICLE 5

VACANCIES IN NOMINATION

Section 1.

Minnesota Statutes 2012, section 204B.13, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginDeath or withdrawaldeleted text endnew text begin Partisan officenew text end.

new text begin(a) new text endA vacancy in nomination
deleted text beginmaydeleted text endnew text begin for a partisan office mustnew text end be filled in the manner provided by this section. A vacancy
in nomination existsnew text begin for a partisan officenew text end whendeleted text begin: (1)deleted text end a major political party candidate
deleted text beginor nonpartisan candidate who was nominated at a primary dies or files an affidavit of
withdrawal as provided in section 204B.12, subdivision 2a; or (2) a candidate for a
nonpartisan office, for which one or two candidates filed,
deleted text endnew text begin who has been nominated in
accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1:
new text end

new text begin (1) dies;
new text end

new text begin (2)new text end withdraws as provided in section 204B.12, subdivision 1deleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at
least one day prior to the general election with the same official who received the affidavit
of candidacy.
new text end

new text begin (b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that
the candidate has been diagnosed with a catastrophic illness that will permanently and
continuously incapacitate the candidate and prevent the candidate from performing the
duties of the office sought, if elected. The affidavit must be accompanied by a certificate
verifying the candidate's illness meets the requirements of this paragraph, signed by at
least two licensed physicians. The affidavit and certificate may be filed by the candidate
or the candidate's legal guardian.
new text end

Sec. 2.

Minnesota Statutes 2012, section 204B.13, subdivision 2, is amended to read:


Subd. 2.

Partisan office; nomination by partynew text begin; special electionnew text end.

(a) deleted text beginA vacancy in
nomination for partisan office shall be filled as provided in this subdivision.
deleted text endnew text begin Except as
provided in subdivision 5,
new text end a major political party deleted text beginhas the authority todeleted text endnew text begin maynew text end fill a vacancy
in nomination of that party's candidatenew text begin as defined in subdivision 1, clause (1) or (3),new text end by
filing deleted text beginadeleted text endnew text begin onenew text end nomination certificate with the same official who received the affidavits of
candidacy for that office.

deleted text begin (b)deleted text end A major political party may provide in its governing rules a procedure, including
designation of an appropriate committee, to fill deleted text beginvacanciesdeleted text endnew text begin a vacancynew text end in nomination for deleted text beginall
offices elected statewide
deleted text endnew text begin any federal or state partisan officenew text end. The nomination certificate
shall be prepared under the direction of and executed by the chair and secretary of the
political party and filed within deleted text beginseven days after the vacancy in nomination occurs or
before the 14th day before the general election, whichever is sooner. If the vacancy in
nomination occurs through the candidate's death or catastrophic illness, the nomination
certificate must be filed within seven days after the vacancy in nomination occurs but no
later than four days before the general election
deleted text endnew text begin the timelines established in this sectionnew text end.
new text begin When filing the certificatenew text end the chair and secretary deleted text beginwhen filing the certificatedeleted text end shall attach an
affidavit stating that the newly nominated candidate has been selected under the rules of
the party and that the individuals signing the certificate and making the affidavit are the
chair and secretary of the party.

new text begin (b) In the case of a vacancy in nomination for partisan office that occurs on or before
the 79th day before the general election, the major political party must file the nomination
certificate no later than 71 days before the general election. The name of the candidate
nominated by the party must appear on the general election ballot.
new text end

new text begin (c) Except as provided in subdivision 5, in the case of a vacancy in nomination for
a partisan office that occurs after the 79th day before the general election, the general
election ballot shall remain unchanged, but the county and state canvassing boards must
not certify the vote totals for that office from the general election, and the office must be
filled at a special election held in accordance with this section. Except for the vacancy
in nomination, all other candidates whose names appeared on the general election ballot
for the office must appear on the special election ballot for the office. New affidavits of
candidacy or nominating petitions may not be accepted, and there must not be a primary to
fill the vacancy in nomination. The major political party may file a nomination certificate
as provided in paragraph (a), no later than seven days after the general election. On the
date of the general election, the county auditor or municipal clerk shall post a notice in
each precinct affected by a vacancy in nomination under this paragraph, informing voters
of the reason for the vacancy in nomination and the procedures for filling the vacancy in
nomination and conducting a special election as required by this section. The secretary
of state shall prepare and electronically distribute the notice to county auditors in each
county affected by a vacancy in nomination.
new text end

Sec. 3.

Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Partisan office; filing period. new text end

new text begin A vacancy in nomination for a partisan
office due to a withdrawal of a candidate under section 204B.12, subdivision 1, may
be filled in the manner provided in sections 204B.06, 204B.09, and 204B.11, except
that all documents and fees required by those sections must be filed within five days
after the vacancy in nomination occurs. There must be a two-day period for withdrawal
of candidates after the last day for filing.
new text end

new text begin If there is more than one candidate at the end of the withdrawal period to fill
the vacancy in nomination, the candidates' names must appear on the primary ballot.
Otherwise, the candidate's name must appear on the general election ballot.
new text end

Sec. 4.

Minnesota Statutes 2012, section 204B.13, subdivision 5, is amended to read:


Subd. 5.

Candidates for governor and lieutenant governor.

(a) If a vacancy in
nominationnew text begin for a major political partynew text end occurs in the race for governor,new text begin the political party
must nominate the candidates for both governor and lieutenant governor. If a vacancy
in nomination for a major political party occurs in the race for lieutenant governor,
new text end the candidate for governor deleted text begindetermined under this sectiondeleted text end shall select the candidate for
lieutenant governor. deleted text beginIf a vacancy in nomination occurs in the race for lieutenant governor,
due to a vacancy in nomination for governor or due to the withdrawal or death of the
candidate for lieutenant governor, the candidate for governor shall select the candidate for
lieutenant governor as provided in this subdivision.
deleted text end

(b) For a vacancy in nominationnew text begin for lieutenant governornew text end that occursnew text begin on ornew text end before the
deleted text begin16thdeleted text endnew text begin 79thnew text end day before the general election, the name of the lieutenant governor candidate
must be submitted by the governor candidate to the filing officer deleted text beginwithin seven days after
the vacancy occurs, or before the 14th day before the general election, whichever is sooner
deleted text endnew text begin no later than 71 days before the general electionnew text end. If the vacancy in nomination deleted text beginoccurs
through the death or catastrophic illness of the candidate
deleted text end for lieutenant governornew text begin occurs
after the 79th day before the general election
new text end, the candidate for governor shall submit the
name of the new lieutenant governor candidate to the secretary of state within seven days
after the vacancy in nomination deleted text beginoccurs but no later than four days before the general
election. If the vacancy in nomination occurs through the death or catastrophic illness
of the candidate for governor, the new candidate for governor shall submit the name of
the lieutenant governor candidate within seven days after the vacancy in nomination for
governor is filled under section 204B.13, subdivision 2, but no later than four days before
the general election.
deleted text endnew text begin occurs, but no changes may be made to the general election ballots.
new text end

new text begin (c) When a vacancy in nomination for lieutenant governor occurs after the 79th day
before the general election, the county auditor or municipal clerk shall post a notice in
each precinct affected by the vacancy in nomination. The secretary of state shall prepare
and electronically distribute the notice to county auditors. The county auditor must ensure
that each precinct in the county receives the notice prior to the opening of the polls on
election day. The notice must include:
new text end

new text begin (1) a statement that there is a vacancy in nomination for lieutenant governor and the
statutory reason for the vacancy in nomination as provided in subdivision 1, paragraph
(a), clauses (1) and (3);
new text end

new text begin (2) a statement that the results for the governor and lieutenant governor will be
counted and that no special election will be held for that race; and
new text end

new text begin (3) a list of all candidates in the governor and lieutenant governor's race, listed in order
of the base rotation. The listing of candidates shall include the name of the candidate to
fill the vacancy in nomination for lieutenant governor. If the name of the candidate has not
yet been named, then the list must include the date by which the candidate will be named.
new text end

Sec. 5.

Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Date of special election. new text end

new text begin If a special election is required under this section,
the governor shall issue a writ calling for a special election to be conducted on the second
Tuesday in February of the year following the year the vacancy in nomination occurred.
Except where otherwise provided in this section, the writ shall be issued and the special
election conducted according to the requirements of sections 204D.22 to 204D.27.
new text end

Sec. 6.

Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Absentee voters. new text end

new text begin At least 46 days, but no more than 50 days, before a
special election conducted under this section, the county auditor shall transmit an absentee
ballot for the special election to each applicant for an absentee ballot whose application
for an absentee ballot for the preceding general election was recorded under section
203B.04 or 203B.17. New applicants for an absentee ballot may be provided a ballot
in the manner specified in chapter 203B.
new text end

Sec. 7.

Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Appropriation. new text end

new text begin In the case of a statewide special election under this
section, the amount necessary is appropriated to the secretary of state to cover costs
incurred by the state, county, and municipal governments to conduct the special election.
new text end

Sec. 8.

new text begin [204B.131] VACANCY IN NOMINATION; NONPARTISAN OFFICE.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin A vacancy in nomination for a nonpartisan office
must be filled in the manner provided by this section. A vacancy in nomination for a
nonpartisan office exists when:
new text end

new text begin (1) a candidate for any nonpartisan office, for which one or two candidates filed,
withdraws as provided in section 204B.12, subdivision 1; or
new text end

new text begin (2) a candidate for any nonjudicial nonpartisan office, for which only one or two
candidates filed or who was nominated at a primary, dies on or before the 79th day before
the date of the general election.
new text end

new text begin Subd. 2. new text end

new text begin Procedure for filling vacancy. new text end

new text begin A vacancy in nomination for a nonpartisan
office may be filled by filing an affidavit of candidacy and paying a filing fee, or by filing
an affidavit of candidacy and filing a petition in place of a filing fee, in the manner
provided in sections 204B.06, 204B.09, and 204B.11. All documents and fees required by
this subdivision must be filed within five days after the vacancy in nomination occurs.
There must be a two-day period for withdrawal of candidates after the last day for filing.
new text end

new text begin If the vacancy in nomination resulted from a withdrawal during the withdrawal
period held on the 68th to 69th day before the primary, and if, at the end of the withdrawal
period to fill the vacancy in nomination, there are more than two candidates, the
candidates' names must appear on the primary ballot. In all other cases, the candidates'
names must appear on the general election ballot.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2012, section 204D.19, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Writ when vacancy results from vacancy in nomination. new text end

new text begin If a vacancy in
office is due to a vacancy in nomination under section 204B.13, the governor shall issue a
writ in the manner provided in that section.
new text end

Sec. 10. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2012, sections 204B.12, subdivision 2a; and 204B.13,
subdivision 6,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2012, section 204B.13, subdivision 4, new text end new text begin is repealed.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment and applies to vacancies in
nomination occurring on or after that date.
new text end