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HF 894

4th Engrossment - 88th Legislature (2013 - 2014) Posted on 04/17/2013 10:17am

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

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1.1A bill for an act
1.2relating to elections; making policy, technical, and clarifying changes to various
1.3provisions related to election law, including provisions related to absentee
1.4voting, redistricting, ballots, registration, voting, caucuses, campaigns, the loss
1.5and restoration of voting rights, vacancies in nomination, county government
1.6structure, and election administration; providing an electronic roster pilot
1.7project and task force; establishing the National Popular Vote Interstate
1.8Compact; requiring reports; appropriating money;amending Minnesota
1.9Statutes 2012, sections 5B.06; 13.851, subdivision 10; 103C.225, subdivision
1.103; 103C.305, subdivision 3; 201.054, subdivision 2, by adding a subdivision;
1.11201.061, subdivision 3; 201.071, subdivision 2; 201.091, subdivision 8; 201.12,
1.12subdivision 3; 201.13, subdivision 1a; 201.14; 201.157; 201.275; 202A.14,
1.13subdivision 1; 203B.02, subdivision 1; 203B.04, subdivisions 1, 5; 203B.05,
1.14subdivision 1; 203B.06, subdivisions 1, 3; 203B.08, subdivision 3; 203B.081;
1.15203B.121, subdivisions 1, 2, 3, 4, 5; 203B.227; 203B.28; 204B.04, by adding
1.16a subdivision; 204B.13, subdivisions 1, 2, 5, by adding subdivisions; 204B.18,
1.17subdivision 2; 204B.22, subdivisions 1, 2; 204B.28, subdivision 1; 204B.32,
1.18subdivision 1; 204B.33; 204B.35, subdivision 4; 204B.36, subdivision 1;
1.19204B.45, subdivisions 1, 2; 204B.46; 204C.14; 204C.15, subdivision 1;
1.20204C.19, subdivision 2; 204C.25; 204C.27; 204C.35, subdivision 1, by adding
1.21a subdivision; 204C.36, subdivision 1; 204D.08, subdivision 6; 204D.09,
1.22subdivision 2; 204D.11, subdivisions 1, 4, 5, 6; 204D.13, subdivision 3; 204D.14,
1.23subdivisions 1, 3; 204D.15, subdivision 3; 204D.16; 204D.165; 204D.19,
1.24subdivision 2, by adding a subdivision; 205.02, subdivision 2; 205.10, subdivision
1.253; 205.13, subdivision 1a; 205.16, subdivisions 4, 5; 205.17, subdivisions 1,
1.263; 205A.04, by adding a subdivision; 205A.05, subdivisions 1, 2; 205A.07,
1.27subdivisions 3, 3a, 3b; 205A.08, subdivision 1; 206.57, by adding a subdivision;
1.28206.61, subdivision 4; 206.89, subdivision 2, by adding a subdivision; 206.895;
1.29206.90, subdivision 6; 208.04, subdivisions 1, 2; 211B.045; 211B.37; 241.065,
1.30subdivision 2; 340A.416, subdivisions 2, 3; 340A.602; 375.20; 447.32,
1.31subdivisions 2, 3, 4; Laws 1963, chapter 276, section 2, subdivision 2, as
1.32amended; proposing coding for new law in Minnesota Statutes, chapters 2;
1.33204B; 208; 244; repealing Minnesota Statutes 2012, sections 2.484; 203B.04,
1.34subdivision 6; 204B.12, subdivision 2a; 204B.13, subdivisions 4, 6; 204B.42;
1.35204D.11, subdivisions 2, 3; 205.17, subdivisions 2, 4; 205A.08, subdivision 4.
1.36BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1ARTICLE 1
2.2ABSENTEE VOTING

2.3    Section 1. Minnesota Statutes 2012, section 5B.06, is amended to read:
2.45B.06 VOTING BY PROGRAM PARTICIPANT; ABSENTEE BALLOT.
2.5A program participant who is otherwise eligible to vote may register with the secretary
2.6of state as an ongoing a permanent absentee voter. Notwithstanding section 203B.04,
2.7subdivision 5, the secretary of state is not required to send an absentee ballot application
2.8prior to each election to a program participant registered as a permanent absentee voter
2.9under this section. As soon as practicable before each election, the secretary of state
2.10shall determine the precinct in which the residential address of the program participant is
2.11located and shall request from and receive from the county auditor or other election official
2.12the ballot for that precinct and shall forward the absentee ballot to the program participant
2.13with the other materials for absentee balloting as required by Minnesota law. The program
2.14participant shall complete the ballot and return it to the secretary of state, who shall review
2.15the ballot in the manner provided by section 203B.24. If the ballot and ballot materials
2.16comply with the requirements of that section, the ballot must be certified by the secretary
2.17of state as the ballot of a program participant, and must be forwarded to the appropriate
2.18electoral jurisdiction for tabulation along with all other ballots. The name and address of a
2.19program participant must not be listed in the statewide voter registration system.

2.20    Sec. 2. Minnesota Statutes 2012, section 203B.02, subdivision 1, is amended to read:
2.21    Subdivision 1. Unable to go to polling place Absentee voting; eligibility. (a) Any
2.22eligible voter who reasonably expects to be unable to go to the polling place on election
2.23day in the precinct where the individual maintains residence because of absence from the
2.24precinct; illness, including isolation or quarantine under sections 144.419 to 144.4196
2.25 or United States Code, title 42, sections 264 to 272; disability; religious discipline;
2.26observance of a religious holiday; or service as an election judge in another precinct may
2.27vote by absentee ballot as provided in sections 203B.04 to 203B.15.
2.28(b) If the governor has declared an emergency and filed the declaration with the
2.29secretary of state under section 12.31, and the declaration states that the emergency has
2.30made it difficult for voters to go to the polling place on election day, any voter in a
2.31precinct covered by the declaration may vote by absentee ballot as provided in sections
2.32203B.04 to 203B.15.

2.33    Sec. 3. Minnesota Statutes 2012, section 203B.04, subdivision 1, is amended to read:
3.1    Subdivision 1. Application procedures. (a) Except as otherwise allowed by
3.2subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for
3.3any election may be submitted at any time not less than one day before the day of that
3.4election. The county auditor shall prepare absentee ballot application forms in the format
3.5provided by the secretary of state and shall furnish them to any person on request. By
3.6January 1 of each even-numbered year, the secretary of state shall make the forms to be
3.7used available to auditors through electronic means. An application submitted pursuant to
3.8this subdivision shall be in writing and shall be submitted to:
3.9    (1) the county auditor of the county where the applicant maintains residence; or
3.10    (2) the municipal clerk of the municipality, or school district if applicable, where
3.11the applicant maintains residence.
3.12    (b) An application shall be approved if it is timely received, signed and dated by
3.13the applicant, contains the applicant's name and residence and mailing addresses, date
3.14of birth, and at least one of the following:
3.15(1) the applicant's Minnesota driver's license number;
3.16(2) Minnesota state identification card number;
3.17(3) the last four digits of the applicant's Social Security number; or
3.18(4) a statement that the applicant does not have any of these numbers.
3.19(c) To be approved, the application must state that the applicant is eligible to vote by
3.20absentee ballot for one of the reasons specified in section 203B.02, and must contain an oath
3.21that the information contained on the form is accurate, that the applicant is applying on the
3.22applicant's own behalf, and that the applicant is signing the form under penalty of perjury.
3.23(d) An applicant's full date of birth, Minnesota driver's license or state identification
3.24number, and the last four digits of the applicant's Social Security number must not be
3.25made available for public inspection. An application may be submitted to the county
3.26auditor or municipal clerk by an electronic facsimile device. An application mailed or
3.27returned in person to the county auditor or municipal clerk on behalf of a voter by a
3.28person other than the voter must be deposited in the mail or returned in person to the
3.29county auditor or municipal clerk within ten days after it has been dated by the voter and
3.30no later than six days before the election. The absentee ballot applications or a list of
3.31persons applying for an absentee ballot may not be made available for public inspection
3.32until the close of voting on election day.
3.33    (e) An application under this subdivision may contain an application under
3.34subdivision 5 to automatically receive an absentee ballot application.

3.35    Sec. 4. Minnesota Statutes 2012, section 203B.04, subdivision 5, is amended to read:
4.1    Subd. 5. Permanent illness or disability absentee voter status. (a) An eligible
4.2voter who reasonably expects to be permanently unable to go to the polling place on
4.3election day because of illness or disability may apply to a county auditor or municipal
4.4clerk under this section to automatically receive an absentee ballot application before each
4.5election, other than an election by mail conducted under section 204B.45, and to have
4.6the status as a permanent absentee voter indicated on the voter's registration record. An
4.7eligible voter listed as an ongoing absentee voter as of July 31, 2013, pursuant to laws
4.8in effect on that date, shall be treated as if the voter applied for status as a permanent
4.9absentee voter pursuant to this subdivision.
4.10    (b) A voter who applies under paragraph (a) must automatically be provided an
4.11absentee ballot application for each eligible election. A voter's permanent absentee status
4.12ends and automatic ballot application delivery must be terminated on:
4.13    (1) the voter's written request;
4.14    (2) the voter's death;
4.15    (3) return of an absentee ballot as undeliverable; or
4.16    (4) a change in the voter's status to "challenged" or "inactive" in the statewide voter
4.17registration system.
4.18    (b) (c) The secretary of state shall adopt rules governing procedures under this
4.19subdivision.

4.20    Sec. 5. Minnesota Statutes 2012, section 203B.06, subdivision 1, is amended to read:
4.21    Subdivision 1. Printing and delivery of forms. Each county auditor and municipal
4.22clerk shall prepare and print a sufficient number of blank application forms for absentee
4.23ballots. The county auditor or municipal clerk shall deliver a blank application form to
4.24any voter who requests one pursuant to section 203B.04. Blank application forms must be
4.25mailed to eligible voters who have requested an application pursuant to section 203B.04,
4.26subdivision 5
or 6, at least 60 days before:
4.27(1) each regularly scheduled primary for federal, state, county, city, or school board
4.28office;
4.29(2) each regularly scheduled general election for city or school board office for
4.30which a primary is not held; and
4.31(3) a special primary to fill a federal or county office vacancy or special election to
4.32fill a federal or county office vacancy, if a primary is not required to be held pursuant to
4.33section 204D.03, subdivision 3, or 204D.07, subdivision 3; and
4.34(4) any election held in conjunction with an election described in clauses (1) to (3);
4.35or at least 45 days before any other primary or other election for which a primary is not held.

5.1    Sec. 6. Minnesota Statutes 2012, section 203B.121, subdivision 2, is amended to read:
5.2    Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot
5.3board shall take possession of all return envelopes delivered to them in accordance with
5.4section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district
5.5clerk, two or more members of the ballot board shall examine each return envelope and
5.6shall mark it accepted or rejected in the manner provided in this subdivision. Election
5.7judges performing the duties in this section must be of different major political parties,
5.8unless they are exempt from that requirement under section 205.075, subdivision 4, or
5.9section 205A.10, subdivision 2.
5.10(b) The members of the ballot board shall mark the return envelope "Accepted" and
5.11initial or sign the return envelope below the word "Accepted" if a majority of the members
5.12of the ballot board examining the envelope are satisfied that:
5.13(1) the voter's name and address on the return envelope are the same as the
5.14information provided on the absentee ballot application;
5.15(2) the voter signed the certification on the envelope;
5.16(3) the voter's Minnesota driver's license, state identification number, or the last four
5.17digits of the voter's Social Security number are the same as the number provided on the
5.18voter's application for ballots. If the number does not match the number as submitted on
5.19the application, or if a number was not submitted on the application, the election judges
5.20must compare the signature provided by the applicant to determine whether the ballots
5.21were returned by the same person to whom they were transmitted;
5.22(4) the voter is registered and eligible to vote in the precinct or has included a
5.23properly completed voter registration application in the return envelope;
5.24(5) the certificate has been completed as prescribed in the directions for casting an
5.25absentee ballot; and
5.26(6) the voter has not already voted at that election, either in person or, if it is after the
5.27close of business on the fourth seventh day before the election, by absentee ballot.
5.28The return envelope from accepted ballots must be preserved and returned to the
5.29county auditor.
5.30(c)(1) If a majority of the members of the ballot board examining a return envelope
5.31find that an absentee voter has failed to meet one of the requirements provided in
5.32paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the
5.33word "Rejected," list the reason for the rejection on the envelope, and return it to the
5.34county auditor. There is no other reason for rejecting an absentee ballot beyond those
5.35permitted by this section. Failure to place the ballot within the security envelope before
5.36placing it in the outer white envelope is not a reason to reject an absentee ballot.
6.1(2) If an envelope has been rejected at least five days before the election, the
6.2envelope must remain sealed and the official in charge of the ballot board shall provide the
6.3voter with a replacement absentee ballot and return envelope in place of the rejected ballot.
6.4(3) If an envelope is rejected within five days of the election, the envelope must
6.5remain sealed and the official in charge of the ballot board must attempt to contact the
6.6voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
6.7The official must document the attempts made to contact the voter.
6.8(d) The official in charge of the absentee ballot board must mail the voter a written
6.9notice of absentee ballot rejection between six and ten weeks following the election. If the
6.10official determines that the voter has otherwise cast a ballot in the election, no notice is
6.11required. If an absentee ballot arrives after the deadline for submission provided by this
6.12chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A
6.13notice of absentee ballot rejection must contain the following information:
6.14(1) the date on which the absentee ballot was rejected or, if the ballot was received
6.15after the required deadline for submission, the date on which the ballot was received;
6.16(2) the reason for rejection; and
6.17(3) the name of the appropriate election official to whom the voter may direct further
6.18questions, along with appropriate contact information.
6.19(e) An absentee ballot return envelope marked "Rejected" may not be opened or
6.20subject to further review except in an election contest filed pursuant to chapter 209.

6.21    Sec. 7. Minnesota Statutes 2012, section 203B.121, subdivision 3, is amended to read:
6.22    Subd. 3. Record of voting. (a) When applicable, the county auditor or municipal
6.23clerk must immediately record that a voter's absentee ballot has been accepted. After the
6.24close of business on the fourth seventh day before the election, a voter whose record
6.25indicates that an absentee ballot has been accepted must not be permitted to cast another
6.26ballot at that election. In a state primary, general, or state special election for federal or
6.27state office, the auditor or clerk must also record this information in the statewide voter
6.28registration system.
6.29(b) The roster must be marked, and a supplemental report of absentee voters who
6.30submitted a voter registration application with their ballot must be created, no later than
6.31the start of voting on election day to indicate the voters that have already cast a ballot at
6.32the election. The roster may be marked either:
6.33(1) by the county auditor or municipal clerk before election day;
6.34(2) by the ballot board before election day; or
6.35(3) by the election judges at the polling place on election day.
7.1The record of a voter whose absentee ballot was received after the close of business
7.2on the fourth seventh day before the election is not required to be marked on the roster or
7.3contained in a supplemental report as required by this paragraph.

7.4    Sec. 8. Minnesota Statutes 2012, section 203B.121, subdivision 4, is amended to read:
7.5    Subd. 4. Opening of envelopes. After the close of business on the fourth seventh
7.6 day before the election, the ballots from return envelopes marked "Accepted" may be
7.7opened, duplicated as needed in the manner provided in section 206.86, subdivision 5,
7.8initialed by the members of the ballot board, and deposited in the appropriate ballot box. If
7.9more than one ballot is enclosed in the ballot envelope, the ballots must be returned in the
7.10manner provided by section 204C.25 for return of spoiled ballots, and may not be counted.

7.11    Sec. 9. REPEALER.
7.12Minnesota Statutes 2012, section 203B.04, subdivision 6, is repealed.

7.13    Sec. 10. EFFECTIVE DATE; APPLICABILITY.
7.14    This article is effective January 1, 2014, and applies to voting at elections conducted
7.15on the date of the state primary in 2014 and thereafter.

7.16ARTICLE 2
7.17ELECTION ADMINISTRATION

7.18    Section 1. [2.495] FORTY-NINTH DISTRICT.
7.19    Subdivision 1. Senate district. Senate District 49 consists of that district as
7.20described in the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie,
7.21No. A11-152 (February 21, 2012).
7.22    Subd. 2. House of representatives districts. Notwithstanding the order of the
7.23Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February 21,
7.242012), Senate District 49 is divided into two house of representatives districts as follows:
7.25(a) House of Representatives District 49A consists of the district as described in
7.26that order, with the modification contained in file L49A-2, on file with the Geographic
7.27Information Systems Office of the Legislative Coordinating Commission and published on
7.28its Web site on March 28, 2012.
7.29(b) House of Representatives District 49B consists of the district as described in
7.30that order, with the modification contained in file L49B-2, on file with the Geographic
7.31Information Systems Office of the Legislative Coordinating Commission and published on
7.32its Web site on March 28, 2012.
8.1EFFECTIVE DATE.This section is effective the day following final enactment.

8.2    Sec. 2. Minnesota Statutes 2012, section 103C.225, subdivision 3, is amended to read:
8.3    Subd. 3. Referendum. (a) Within 60 days after the petition is received by the state
8.4board, it shall give due notice of the holding of a referendum, schedule the referendum at
8.5the next general election, and cooperate with county election officials to accomplish the
8.6election in the most expedient manner. Upon receipt of a petition, the state board shall
8.7provide written notice to the secretary of state and the county auditor of each county in
8.8which the district is located no later than 74 days before the state general election. The
8.9notice must include the date of the election and the title and text of the question to be
8.10placed on the ballot. Prior to the referendum, the state board shall facilitate the preparation
8.11of a plan to continue the administration of the powers, duties, and responsibilities of the
8.12district, including the functions of the district board.
8.13(b) The question shall be submitted by ballots, upon which the words "For terminating
8.14the existence of appear on the ballot in the following form: "Shall the .................. (name
8.15of the soil and water conservation district to be here inserted)" and "Against terminating
8.16the existence of the .................. (name of the soil and water conservation district to be here
8.17inserted)" shall be printed, with a square before each proposition and a direction to insert
8.18an X mark in the square before one or the other be terminated?".
8.19(c) Only eligible voters in the district may vote in the referendum.
8.20(d) Informalities in the conduct of the referendum or matters relating to the
8.21referendum do not invalidate the referendum, or result of the referendum, if due notice has
8.22been given and the referendum has been fairly conducted.
8.23(e) The state board shall publish the result of the referendum.

8.24    Sec. 3. Minnesota Statutes 2012, section 103C.305, subdivision 3, is amended to read:
8.25    Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
8.26candidates shall be placed on the "canary ballot" described in section 204D.11, subdivision
8.273
state general election ballot. The office title printed on the ballot must be either "Soil
8.28and Water Conservation District Supervisor" or "Conservation District Supervisor," based
8.29upon the district from which the supervisor is to be elected.

8.30    Sec. 4. Minnesota Statutes 2012, section 201.061, subdivision 3, is amended to read:
8.31    Subd. 3. Election day registration. (a) An individual who is eligible to vote may
8.32register on election day by appearing in person at the polling place for the precinct in
8.33which the individual maintains residence, by completing a registration application, making
9.1an oath in the form prescribed by the secretary of state and providing proof of residence.
9.2An individual may prove residence for purposes of registering by:
9.3    (1) presenting a driver's license or Minnesota identification card issued pursuant
9.4to section 171.07;
9.5    (2) presenting any document approved by the secretary of state as proper
9.6identification;
9.7    (3) presenting one of the following:
9.8    (i) a current valid student identification card from a postsecondary educational
9.9institution in Minnesota, if a list of students from that institution has been prepared under
9.10section 135A.17 and certified to the county auditor in the manner provided in rules of
9.11the secretary of state; or
9.12    (ii) a current student fee statement that contains the student's valid address in the
9.13precinct together with a picture identification card; or
9.14    (4) having a voter who is registered to vote in the precinct, or who is an employee
9.15employed by and working in a residential facility in the precinct and vouching for a resident
9.16in the facility, sign an oath in the presence of the election judge vouching that the voter or
9.17employee personally knows that the individual is a resident of the precinct. A voter who
9.18has been vouched for on election day may not sign a proof of residence oath vouching for
9.19any other individual on that election day. A voter who is registered to vote in the precinct
9.20may sign up to 15 eight proof-of-residence oaths on any election day. This limitation
9.21does not apply to an employee of a residential facility described in this clause. The
9.22secretary of state shall provide a form for election judges to use in recording the number
9.23of individuals for whom a voter signs proof-of-residence oaths on election day. The
9.24form must include space for the maximum number of individuals for whom a voter may
9.25sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
9.26a statement that the voter is registered to vote in the precinct, personally knows that the
9.27individual is a resident of the precinct, and is making the statement on oath. The form must
9.28include a space for the voter's printed name, signature, telephone number, and address.
9.29    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
9.30attached to the voter registration application.
9.31    (b) The operator of a residential facility shall prepare a list of the names of its
9.32employees currently working in the residential facility and the address of the residential
9.33facility. The operator shall certify the list and provide it to the appropriate county auditor
9.34no less than 20 days before each election for use in election day registration.
9.35    (c) "Residential facility" means transitional housing as defined in section 256E.33,
9.36subdivision 1
; a supervised living facility licensed by the commissioner of health under
10.1section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
10.25
; a residence registered with the commissioner of health as a housing with services
10.3establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
10.4the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
10.5licensed by the commissioner of human services to provide a residential program as
10.6defined in section 245A.02, subdivision 14; a residential facility for persons with a
10.7developmental disability licensed by the commissioner of human services under section
10.8252.28 ; group residential housing as defined in section 256I.03, subdivision 3; a shelter
10.9for battered women as defined in section 611A.37, subdivision 4; or a supervised
10.10publicly or privately operated shelter or dwelling designed to provide temporary living
10.11accommodations for the homeless.
10.12    (d) For tribal band members, an individual may prove residence for purposes of
10.13registering by:
10.14    (1) presenting an identification card issued by the tribal government of a tribe
10.15recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
10.16contains the name, address, signature, and picture of the individual; or
10.17    (2) presenting an identification card issued by the tribal government of a tribe
10.18recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
10.19contains the name, signature, and picture of the individual and also presenting one of the
10.20documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
10.21    (e) A county, school district, or municipality may require that an election judge
10.22responsible for election day registration initial each completed registration application.

10.23    Sec. 5. Minnesota Statutes 2012, section 201.071, subdivision 2, is amended to read:
10.24    Subd. 2. Instructions. A registration application shall be accompanied by
10.25instructions specifying the manner and method of registration, the qualifications for
10.26voting, the penalties for false registration, and the availability of registration and voting
10.27assistance for elderly and disabled individuals and residents of health care facilities and
10.28hospitals. The instructions must indicate that if the voter does not have a valid Minnesota
10.29driver's license or identification card, the last four digits of the voter's Social Security
10.30number must be provided, unless the voter does not have a Social Security number. If,
10.31prior to election day, a person requests the instructions in Braille, on cassette tape audio
10.32format, or in a version printed in 16-point bold type with 24-point leading, the county
10.33auditor shall provide them in the form requested. The secretary of state shall prepare
10.34Braille and cassette audio copies and make them available.

11.1    Sec. 6. Minnesota Statutes 2012, section 201.091, subdivision 8, is amended to read:
11.2    Subd. 8. Registration places. Each county auditor shall designate a number of
11.3public buildings in those political subdivisions of the county where preregistration of
11.4voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may
11.5register to vote. At least one public building must be designated for each 30,000 residents
11.6of the county. At least one telecommunications device for the deaf must be available for
11.7voter registration information in each county seat and in every city of the first, second,
11.8and third class.
11.9    An adequate supply of registration applications and instructions must be maintained
11.10at each designated location, and a designated individual must be available there to accept
11.11registration applications and transmit them to the county auditor.
11.12    A person who, because of disability, needs assistance in order to determine eligibility
11.13or to register must be assisted by a designated individual. Assistance includes but is not
11.14limited to reading the registration form and instructions and filling out the registration
11.15form as directed by the eligible voter.

11.16    Sec. 7. Minnesota Statutes 2012, section 201.12, subdivision 3, is amended to read:
11.17    Subd. 3. Moved out of state. If any nonforwardable mailing from an election
11.18official is returned as undeliverable but with a permanent forwarding address outside this
11.19state, the county auditor shall promptly mail to the voter at the voter's new address a notice
11.20advising the voter that the voter's status in the statewide voter registration system will be
11.21changed to "inactive" unless the voter notifies the county auditor within 21 days that the
11.22voter is retaining the former address as the voter's address of residence. If the voter's
11.23record is challenged due to a felony conviction, lack of United States citizenship, legal
11.24incompetence, or court-ordered revocation of voting rights of persons under guardianship,
11.25the county auditor must not mail this notice. If the notice is not received by the deadline,
11.26the county auditor shall change the voter's status to "inactive" in the statewide voter
11.27registration system.

11.28    Sec. 8. Minnesota Statutes 2012, section 201.13, subdivision 1a, is amended to read:
11.29    Subd. 1a. Social Security Administration; other reports of deceased residents.
11.30The secretary of state shall may determine if any of the persons listed on the Social
11.31Security Death Index or reported as deceased by the vital records department of another
11.32state are registered to vote and prepare a list of those registrants for each county auditor.
11.33The county auditor shall change the status of those registrants to "deceased" in the
11.34statewide voter registration system.

12.1    Sec. 9. Minnesota Statutes 2012, section 201.14, is amended to read:
12.2201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT
12.3CHANGES OF NAMES.
12.4The state court administrator shall regularly report by electronic means to the
12.5secretary of state the name, address, and, if available, driver's license or state identification
12.6card number of each individual, 18 years of age or over, whose name was changed since
12.7the last report, by marriage, divorce, or any order or decree of the court. The secretary of
12.8state shall determine if any of the persons in the report are registered to vote under their
12.9previous name and shall prepare a list of those registrants for each county auditor. Upon
12.10receipt of the list, the county auditor shall make the change in the voter's record and mail
12.11to the voter the notice of registration required by section 201.121, subdivision 2. A notice
12.12must not be mailed if the voter's record is challenged due to a felony conviction, lack of
12.13United States citizenship, legal incompetence, or court-ordered revocation of voting rights
12.14of persons under guardianship.

12.15    Sec. 10. Minnesota Statutes 2012, section 202A.14, subdivision 1, is amended to read:
12.16    Subdivision 1. Time and manner of holding; postponement. (a) In every state
12.17general election year, beginning at 7:00 p.m. on the date established pursuant to paragraph
12.18(b), there shall be held for every election precinct a party caucus in the manner provided
12.19in sections 202A.14 to 202A.19.
12.20    (b)(1) The chairs of the two largest major political parties shall jointly submit to
12.21the secretary of state, no later than March 1 of each odd-numbered year, the single date
12.22on which the two parties have agreed to conduct their precinct caucuses in the next
12.23even-numbered year.
12.24    (2) On March 1 of each odd-numbered year Within two business days after the
12.25parties have agreed on a single date on which to conduct their precinct caucuses, the
12.26secretary of state shall publicly announce the official state precinct caucus date for the
12.27following general election year.
12.28    (3) If the chairs of the two largest major political parties do not jointly submit a
12.29single date for conducting their precinct caucuses as provided in this paragraph, then
12.30for purposes of the next general election year, the first Tuesday in February shall be
12.31considered the day of a major political party precinct caucus and sections 202A.19 and
12.32202A.192 shall only apply on that date.
12.33    (4) For purposes of this paragraph, the two largest major political parties shall be the
12.34parties whose candidates for governor received the greatest and second greatest number of
12.35votes at the most recent gubernatorial election.
13.1    (c) In the event of severe weather a major political party may request the secretary of
13.2state to postpone caucuses. If a major political party makes a request, or upon the secretary
13.3of state's own initiative, after consultation with all major political parties and on the advice
13.4of the federal Weather Bureau and the Department of Transportation, the secretary of state
13.5may declare precinct caucuses to be postponed for a week in counties where weather
13.6makes travel especially dangerous. The secretary of state shall submit a notice of the
13.7postponement to news media covering the affected counties by 6:00 p.m. on the scheduled
13.8day of the caucus. A postponed caucus may also be postponed pursuant to this subdivision.

13.9    Sec. 11. Minnesota Statutes 2012, section 203B.05, subdivision 1, is amended to read:
13.10    Subdivision 1. Generally. The full-time clerk of any city or town shall administer
13.11the provisions of sections 203B.04 to 203B.15 if:
13.12(1) the county auditor of that county has designated the clerk to administer them; or
13.13(2) the clerk has given the county auditor of that county notice of intention to
13.14administer them.
13.15The designation or notice must specify whether the clerk will be responsible for the
13.16administration of a ballot board as provided in section 203B.121.
13.17A clerk of a city that is located in more than one county may only administer the
13.18provisions of sections 203B.04 to 203B.15 if the clerk has been designated by each of
13.19the county auditors or has provided notice to each of the county auditors that the city will
13.20administer absentee voting. A clerk may only administer the provisions of sections 203B.04
13.21to 203B.15 if the clerk has technical capacity to access the statewide voter registration
13.22system in the secure manner prescribed by the secretary of state. The secretary of state
13.23must identify hardware, software, security, or other technical prerequisites necessary to
13.24ensure the security, access controls, and performance of the statewide voter registration
13.25system. A clerk must receive training approved by the secretary of state on the use of the
13.26statewide voter registration system before administering this section. A clerk may not use
13.27the statewide voter registration system until the clerk has received the required training.
13.28 The county auditor must notify the secretary of state of any municipal clerk who will be
13.29administering the provisions of this section and the duties that the clerk will administer.

13.30    Sec. 12. Minnesota Statutes 2012, section 203B.08, subdivision 3, is amended to read:
13.31    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
13.32county auditor or municipal clerk, that official shall stamp or initial and date the return
13.33envelope and place it in a secure location with other return envelopes received by that
13.34office. Within five days after receipt, the county auditor or municipal clerk shall deliver to
14.1the ballot board all ballots received, except that during the 14 days immediately preceding
14.2an election, the county auditor or municipal clerk shall deliver all ballots received to
14.3the ballot board within three days. Ballots received on election day either (1) after 3:00
14.4p.m., if delivered by an agent; or (2) after the last mail delivery, if delivered by another
14.5method, shall be marked as received late by the county auditor or municipal clerk, and
14.6must not be delivered to the ballot board.

14.7    Sec. 13. Minnesota Statutes 2012, section 203B.081, is amended to read:
14.8203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
14.9    An eligible voter may vote by absentee ballot in the office of the county auditor and
14.10at any other polling place designated by the county auditor during the 46 days before: the
14.11election, except as provided in this subdivision.
14.12(1) a regularly scheduled election for federal, state, county, city, or school board
14.13office;
14.14(2) a special election for a federal or county office; and
14.15(3) an election held in conjunction with an election described in clauses (1) and (2),
14.16    and Voters casting absentee ballots in person for a town election held in March may
14.17do so during the 30 days before any other the election. The county auditor shall make
14.18such designations at least 14 weeks before the election. At least one voting booth in each
14.19polling place must be made available by the county auditor for this purpose. The county
14.20auditor must also make available at least one electronic ballot marker in each polling place
14.21that has implemented a voting system that is accessible for individuals with disabilities
14.22pursuant to section 206.57, subdivision 5.

14.23    Sec. 14. Minnesota Statutes 2012, section 203B.121, subdivision 1, is amended to read:
14.24    Subdivision 1. Establishment; applicable laws. (a) The governing body of each
14.25county, municipality, and school district with responsibility to accept and reject absentee
14.26ballots must, by ordinance or resolution, establish a ballot board. The board must consist
14.27of a sufficient number of election judges trained in the handling of absentee ballots and
14.28appointed as provided in sections 204B.19 to 204B.22. The board may include staff
14.29trained as election judges deputy county auditors or deputy city clerks who have received
14.30training in the processing and counting of absentee ballots.
14.31(b) Each jurisdiction must pay a reasonable compensation to each member of that
14.32jurisdiction's ballot board for services rendered during an election.
14.33(c) Except as otherwise provided by this section, all provisions of the Minnesota
14.34Election Law apply to a ballot board.

15.1    Sec. 15. Minnesota Statutes 2012, section 203B.121, subdivision 5, is amended to read:
15.2    Subd. 5. Storage and counting of absentee ballots. (a) On a day on which absentee
15.3ballots are inserted into a ballot box, two members of the ballot board must:
15.4(1) remove the ballots from the ballot box at the end of the day;
15.5(2) without inspecting the ballots, ensure that the number of ballots removed from
15.6the ballot box is equal to the number of voters whose absentee ballots were accepted
15.7that day; and
15.8(3) seal and secure all voted and unvoted ballots present in that location at the end
15.9of the day.
15.10(b) After the polls have closed on election day, two members of the ballot board
15.11must count the ballots, tabulating the vote in a manner that indicates each vote of the voter
15.12and the total votes cast for each candidate or question. In state primary and state general
15.13elections, the results must indicate the total votes cast for each candidate or question in each
15.14precinct and report the vote totals tabulated for each precinct. The count shall be public.
15.15No vote totals from ballots may be made public before the close of voting on election day
15.16 must be recorded on a summary statement in substantially the same format as provided in
15.17section 204C.26. The ballot board shall submit at least one completed summary statement
15.18to the county auditor or municipal clerk. The county auditor or municipal clerk may
15.19require the ballot board to submit a sufficient number of completed summary statements to
15.20comply with the provisions of section 204C.27, or the county auditor or municipal clerk
15.21may certify reports containing the details of the ballot board summary statement to the
15.22recipients of the summary statements designated in section 204C.27.
15.23In state primary and state general elections, these vote totals shall be added to the
15.24vote totals on the summary statements of the returns for the appropriate precinct. In other
15.25elections, these vote totals may be added to the vote totals on the summary statement of
15.26returns for the appropriate precinct or may be reported as a separate total.
15.27The count shall be public. No vote totals from ballots may be made public before the
15.28close of voting on election day.
15.29(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
15.30completed previously, the members of the ballot board must verify as soon as possible, but
15.31no later than 24 hours after the end of the hours for voting, that voters whose absentee
15.32ballots arrived after the rosters were marked or supplemental reports were generated
15.33and whose ballots were accepted did not vote in person on election day. An absentee
15.34ballot submitted by a voter who has voted in person on election day must be rejected. All
15.35other accepted absentee ballots must be opened, duplicated if necessary, and counted by
16.1members of the ballot board. The vote totals from these ballots must be incorporated into
16.2the totals with the other absentee ballots and handled according to paragraph (b).

16.3    Sec. 16. Minnesota Statutes 2012, section 203B.227, is amended to read:
16.4203B.227 WRITE-IN ABSENTEE BALLOT.
16.5    (a) A voter described in section 203B.16, subdivision 1, may use a state write-in
16.6absentee ballot or the federal write-in absentee ballot to vote in any federal, state, or local
16.7election. In a state or local election, a vote for a political party without specifying the
16.8name of a candidate must not be counted.
16.9(b) If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post
16.10Card Application was not received, the Federal Write-in Absentee Ballot serves as a voter
16.11registration, for voters who are eligible to register, in lieu of the voter's Federal Post Card
16.12Application. If the voter has not already voted and the accompanying certificate is properly
16.13completed, the absentee ballot board must accept the Federal Write-in Absentee Ballot.

16.14    Sec. 17. Minnesota Statutes 2012, section 203B.28, is amended to read:
16.15203B.28 POSTELECTION REPORT TO LEGISLATURE.
16.16By March 1, 2011, and by January 15 of every odd-numbered year thereafter, the
16.17secretary of state shall provide to the chair and ranking minority members of the legislative
16.18committees with jurisdiction over elections a statistical report related to absentee voting
16.19in the most recent general election cycle. The statistics must be organized by county
16.20and precinct, and include:
16.21(1) the number of absentee ballots transmitted to voters;
16.22(2) the number of absentee ballots returned by voters;
16.23(3) the number of absentee ballots that were rejected, categorized by the reason
16.24for rejection;
16.25(4) the number of absentee ballots submitted pursuant to sections 203B.16 to
16.26203B.27 , along with the number of returned ballots that were accepted, rejected, and
16.27the reason for any rejections; and
16.28(5) the number of absentee ballots that were not counted because the ballot return
16.29envelope was received after the deadlines provided in this chapter.

16.30    Sec. 18. Minnesota Statutes 2012, section 204B.04, is amended by adding a
16.31subdivision to read:
16.32    Subd. 4. Prohibition on multiple candidacy. A candidate who files an affidavit
16.33of candidacy for an office to be elected at the general election may not subsequently file
17.1another affidavit of candidacy for any other office to be elected on the date of that general
17.2election.

17.3    Sec. 19. Minnesota Statutes 2012, section 204B.18, subdivision 2, is amended to read:
17.4    Subd. 2. Ballot boxes. Each polling place shall be provided with one ballot box for
17.5each kind of ballot to be cast at the election. The boxes shall be substantially the same color
17.6as the ballots to be deposited in them. Each box shall be of sufficient size and shall have a
17.7sufficient opening to receive and contain all the ballots likely to be deposited in it. When
17.8buff or goldenrod ballot boxes are required, a separate box must be provided for each school
17.9district for which ballots are to be cast at that polling place. The number and name of the
17.10school district must appear conspicuously on the top of each buff or goldenrod ballot box.

17.11    Sec. 20. Minnesota Statutes 2012, section 204B.22, subdivision 1, is amended to read:
17.12    Subdivision 1. Minimum number required. (a) A minimum of four election
17.13judges shall be appointed for each precinct, except as provided by subdivision 2 in the
17.14state general election. In all other elections, a minimum of three election judges shall
17.15be appointed for each precinct. In a combined polling place under section 204B.14,
17.16subdivision 2
, at least one judge must be appointed from each municipality in the
17.17combined polling place, provided that not less than three judges shall be appointed for
17.18each combined polling place. The appointing authorities may appoint election judges for
17.19any precinct in addition to the number required by this subdivision including additional
17.20election judges to count ballots after voting has ended.
17.21(b) An election judge may serve for all or part of election day, at the discretion of the
17.22appointing authority, as long as the minimum number of judges required is always present.
17.23The head election judge designated under section 204B.20 must serve for all of election day
17.24and be present in the polling place unless another election judge has been designated by the
17.25head election judge to perform the functions of the head election judge during any absence.

17.26    Sec. 21. Minnesota Statutes 2012, section 204B.22, subdivision 2, is amended to read:
17.27    Subd. 2. Exception. A minimum of three election judges shall be appointed in
17.28precincts not using electronic voting equipment. One additional election judge shall
17.29be appointed for each 150 votes cast in that precinct at the last similar election and in
17.30precincts with fewer than 500 registered voters as of 14 weeks before the state primary.

17.31    Sec. 22. Minnesota Statutes 2012, section 204B.28, subdivision 1, is amended to read:
18.1    Subdivision 1. Meeting with election officials. At least 12 weeks before each
18.2regularly scheduled town general election conducted in March, and at least 18 weeks
18.3before all other general elections, each county auditor shall conduct a meeting or otherwise
18.4communicate with local election officials to review the procedures for the election. The
18.5county auditor may require the head election judges in the county to attend this meeting.

18.6    Sec. 23. Minnesota Statutes 2012, section 204B.32, subdivision 1, is amended to read:
18.7    Subdivision 1. Payment. (a) The secretary of state shall pay the compensation for
18.8presidential electors, the cost of printing the pink paper ballots, and all necessary expenses
18.9incurred by the secretary of state in connection with elections.
18.10(b) The counties shall pay the compensation prescribed in section 204B.31, clauses
18.11(b) and (c), the cost of printing the canary ballots, the white ballots, the pink state general
18.12election ballots when machines are used, the state partisan primary ballots, and the
18.13state and county nonpartisan primary ballots, all necessary expenses incurred by county
18.14auditors in connection with elections, and the expenses of special county elections.
18.15(c) Subject to subdivision 2, the municipalities shall pay the compensation prescribed
18.16for election judges and sergeants at arms, the cost of printing the municipal ballots,
18.17providing ballot boxes, providing and equipping polling places and all necessary expenses
18.18of the municipal clerks in connection with elections, except special county elections.
18.19(d) The school districts shall pay the compensation prescribed for election judges
18.20and sergeants-at-arms, the cost of printing the school district ballots, providing ballot
18.21boxes, providing and equipping polling places and all necessary expenses of the school
18.22district clerks in connection with school district elections not held in conjunction with
18.23state elections. When school district elections are held in conjunction with state elections,
18.24the school district shall pay the costs of printing the school district ballots, providing ballot
18.25boxes and all necessary expenses of the school district clerk.
18.26All disbursements under this section shall be presented, audited, and paid as in
18.27the case of other public expenses.

18.28    Sec. 24. Minnesota Statutes 2012, section 204B.33, is amended to read:
18.29204B.33 NOTICE OF FILING.
18.30(a) At least 15 16 weeks before the state primary, the secretary of state shall notify
18.31each county auditor of the offices to be voted for in that county at the next state general
18.32election for which candidates file with the secretary of state. The notice shall include
18.33the time and place of filing for those offices. Within ten days after notification by the
18.34secretary of state, each county auditor shall notify each municipal clerk in the county of
19.1all the offices to be voted for in the county at that election and the time and place for
19.2filing for those offices. The county auditors and municipal clerks shall promptly post a
19.3copy of that notice in their offices.
19.4(b) At least two weeks one week before the first day to file an affidavit of candidacy,
19.5the county auditor shall publish a notice stating the first and last dates on which affidavits
19.6of candidacy may be filed in the county auditor's office and the closing time for filing on
19.7the last day for filing. The county auditor shall post a similar notice at least ten days before
19.8the first day to file affidavits of candidacy.

19.9    Sec. 25. Minnesota Statutes 2012, section 204B.35, subdivision 4, is amended to read:
19.10    Subd. 4. Absentee ballots; preparation; delivery. At least 46 days before a
19.11regularly scheduled an election for federal, state, county, city, or school board office
19.12or a special election for federal office, and at least 30 days before any other election,
19.13ballots necessary to fill applications of absentee voters shall be prepared and delivered to
19.14the officials who administer the provisions of chapter 203B, except as provided in this
19.15subdivision. Ballots necessary to fill applications of absentee voters for a town general
19.16election held in March shall be prepared and delivered to the town clerk at least 30 days
19.17before the election.
19.18This section applies to school district elections held on the same day as a statewide
19.19election or an election for a county or municipality located partially or wholly within
19.20the school district.

19.21    Sec. 26. Minnesota Statutes 2012, section 204B.36, subdivision 1, is amended to read:
19.22    Subdivision 1. Type. All ballots shall be printed with black ink on paper of sufficient
19.23thickness to prevent the printing from being discernible from the back. All ballots of the
19.24same color shall be substantially uniform in style of printing, size, thickness and shade of
19.25color. When the ballots of a particular color vary in shade, those used in any one precinct
19.26shall be of the same shade. All ballots shall be printed in easily readable type with suitable
19.27lines dividing candidates, offices, instructions and other matter printed on ballots. The
19.28name of each candidate shall be printed in capital letters. The same type shall be used for
19.29the names of all candidates on the same ballot.

19.30    Sec. 27. Minnesota Statutes 2012, section 204B.45, subdivision 1, is amended to read:
19.31    Subdivision 1. Authorization. A municipality town of any size or a city having
19.32fewer than 400 registered voters on June 1 of an election year and, if the town or city is
19.33 not located in a metropolitan county as defined by section 473.121, may provide balloting
20.1by mail at any municipal, county, or state election with no polling place other than the
20.2office of the auditor or clerk or other locations designated by the auditor or clerk. The
20.3governing body may apply to the county auditor for permission to conduct balloting by
20.4mail. The county board may provide for balloting by mail in unorganized territory. The
20.5governing body of any municipality may designate for mail balloting any precinct having
20.6fewer than 50 100 registered voters, subject to the approval of the county auditor.
20.7Voted ballots may be returned in person to any location designated by the county
20.8auditor or municipal clerk.

20.9    Sec. 28. Minnesota Statutes 2012, section 204B.45, subdivision 2, is amended to read:
20.10    Subd. 2. Procedure. Notice of the election and the special mail procedure must be
20.11given at least six ten weeks prior to the election. Not more than 46 days nor later than 14
20.12days before a regularly scheduled election for federal, state, county, city, or school board
20.13office or a special election for federal office and not more than 30 days nor later than 14
20.14days before any other election, the auditor shall mail ballots by nonforwardable mail to
20.15all voters registered in the town or unorganized territory. No later than 14 days before
20.16the election, the auditor must make a subsequent mailing of ballots to those voters who
20.17register to vote after the initial mailing but before the 20th day before the election. Eligible
20.18voters not registered at the time the ballots are mailed may apply for ballots as provided in
20.19chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed
20.20to the auditor or clerk and the voter may return the ballot by mail or in person to the office
20.21of the auditor or clerk. The auditor or clerk must appoint a ballot board to examine the
20.22mail and absentee ballot return envelopes and mark them "accepted" or "rejected" within
20.23three days of receipt if there are 14 or fewer days before election day, or within five days
20.24of receipt if there are more than 14 days before election day. The board may consist of
20.25staff trained as election judges deputy county auditors or deputy municipal clerks who
20.26have received training in the processing and counting of mail ballots, who need not be
20.27affiliated with a major political party. Election judges performing the duties in this section
20.28must be of different major political parties, unless they are exempt from that requirement
20.29under section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected
20.30at least five days before the election, the ballots in the envelope must remain sealed and
20.31the auditor or clerk shall provide the voter with a replacement ballot and return envelope
20.32in place of the spoiled ballot. If the ballot is rejected within five days of the election, the
20.33envelope must remain sealed and the official in charge of the ballot board must attempt to
20.34contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
20.35rejected. The official must document the attempts made to contact the voter.
21.1If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
21.2indicate that the voter has already cast a ballot in that election. After the close of business
21.3on the fourth day before the election, the ballots from return envelopes marked "Accepted"
21.4may be opened, duplicated as needed in the manner provided by section 206.86,
21.5subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
21.6In all other respects, the provisions of the Minnesota Election Law governing
21.7deposit and counting of ballots apply.
21.8The mail and absentee ballots for a precinct must be counted together and reported
21.9as one vote total. No vote totals from mail or absentee ballots may be made public before
21.10the close of voting on election day.
21.11The costs of the mailing shall be paid by the election jurisdiction in which the voter
21.12resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

21.13    Sec. 29. Minnesota Statutes 2012, section 204B.46, is amended to read:
21.14204B.46 MAIL ELECTIONS; QUESTIONS.
21.15    A county, municipality, or school district submitting questions to the voters at a
21.16special election may conduct an election by mail with no polling place other than the
21.17office of the auditor or clerk. No offices may be voted on at a mail election. Notice of
21.18the election must be given to the county auditor at least 53 74 days prior to the election.
21.19This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The
21.20special mail ballot procedures must be posted at least six weeks prior to the election. Not
21.21more than 30 46 nor later than 14 days prior to the election, the auditor or clerk shall mail
21.22ballots by nonforwardable mail to all voters registered in the county, municipality, or
21.23school district. No later than 14 days before the election, the auditor or clerk must make a
21.24subsequent mailing of ballots to those voters who register to vote after the initial mailing
21.25but before the 20th day before the election. Eligible voters not registered at the time the
21.26ballots are mailed may apply for ballots pursuant to chapter 203B. The auditor or clerk
21.27must appoint a ballot board to examine the mail and absentee ballot return envelopes
21.28and mark them "Accepted" or "Rejected" within three days of receipt if there are 14 or
21.29fewer days before election day, or within five days of receipt if there are more than 14
21.30days before election day. The board may consist of staff trained as election judges deputy
21.31county auditors, deputy municipal clerks, or deputy school district clerks who have
21.32received training in the processing and counting of mail ballots, who need not be affiliated
21.33with a major political party. Election judges performing the duties in this section must be
21.34of different major political parties, unless they are exempt from that requirement under
21.35section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at
22.1least five days before the election, the ballots in the envelope must remain sealed and the
22.2auditor or clerk must provide the voter with a replacement ballot and return envelope in
22.3place of the spoiled ballot. If the ballot is rejected within five days of the election, the
22.4envelope must remain sealed and the official in charge of the ballot board must attempt to
22.5contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
22.6rejected. The official must document the attempts made to contact the voter.
22.7If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
22.8indicate that the voter has already cast a ballot in that election. After the close of business
22.9on the fourth day before the election, the ballots from return envelopes marked "Accepted"
22.10may be opened, duplicated as needed in the manner provided by section 206.86,
22.11subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.
22.12In all other respects, the provisions of the Minnesota Election Law governing
22.13deposit and counting of ballots apply.
22.14The mail and absentee ballots for a precinct must be counted together and reported
22.15as one vote total. No vote totals from ballots may be made public before the close of
22.16voting on election day.

22.17    Sec. 30. Minnesota Statutes 2012, section 204C.14, is amended to read:
22.18204C.14 UNLAWFUL VOTING; PENALTY.
22.19No individual shall intentionally:
22.20(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in
22.21a ballot box or attempting to vote by means of a voting machine or electronic voting system;
22.22(b) vote more than once at the same election;
22.23(c) put a ballot in a ballot box for any illegal purpose;
22.24(d) give more than one ballot of the same kind and color to an election judge to
22.25be placed in a ballot box;
22.26(e) aid, abet, counsel or procure another to go into any precinct for the purpose
22.27of voting in that precinct, knowing that the other individual is not eligible to vote in
22.28that precinct; or
22.29(f) aid, abet, counsel or procure another to do any act in violation of this section.
22.30A violation of this section is a felony.

22.31    Sec. 31. Minnesota Statutes 2012, section 204C.15, subdivision 1, is amended to read:
22.32    Subdivision 1. Physical assistance in marking ballots. A voter who claims a need
22.33for assistance because of inability to read English or physical inability to mark a ballot may
22.34obtain the aid of two election judges who are members of different major political parties.
23.1The election judges shall mark the ballots as directed by the voter and in as secret a manner
23.2as circumstances permit. If the voter is deaf or cannot speak English or understand it when
23.3it is spoken, the election judges may select two individuals who are members of different
23.4major political parties to provide assistance. The individuals shall assist the voter in
23.5marking the ballots. A voter in need of assistance may alternatively obtain the assistance of
23.6any individual the voter chooses. Only the following persons may not provide assistance
23.7to a voter: the voter's employer, an agent of the voter's employer, an officer or agent of
23.8the voter's union, or a candidate for election. The person who assists the voter shall,
23.9unaccompanied by an election judge, retire with that voter to a booth and mark the ballot
23.10as directed by the voter. No person who assists another voter as provided in the preceding
23.11sentence shall mark the ballots of more than three voters at one election. Before the ballots
23.12are deposited, the voter may show them privately to an election judge to ascertain that they
23.13are marked as the voter directed. An election judge or other individual assisting a voter
23.14shall not in any manner request, persuade, induce, or attempt to persuade or induce the
23.15voter to vote for any particular political party or candidate. The election judges or other
23.16individuals who assist the voter shall not reveal to anyone the name of any candidate for
23.17whom the voter has voted or anything that took place while assisting the voter.

23.18    Sec. 32. Minnesota Statutes 2012, section 204C.19, subdivision 2, is amended to read:
23.19    Subd. 2. Ballots; order of counting. Except as otherwise provided in this
23.20subdivision, the ballot boxes shall be opened, the votes counted, and the total declared one
23.21box at a time in the following order: the white box, the pink box, the canary box, the light
23.22green box, the blue box, the buff box, the goldenrod box, the gray box, and then the other
23.23kinds of ballots voted at the election. If enough election judges are available to provide
23.24counting teams of four or more election judges for each box, more than one box may be
23.25opened and counted at the same time. The election judges on each counting team shall be
23.26evenly divided between the major political parties. The numbers entered on the summary
23.27sheet shall not be considered final until the ballots in all the boxes have been counted and
23.28corrections have been made if ballots have been deposited in the wrong boxes.

23.29    Sec. 33. Minnesota Statutes 2012, section 204C.25, is amended to read:
23.30204C.25 DISPOSITION OF BALLOTS.
23.31After the count and the summary statements have been completed, in the presence
23.32of all the election judges, the counted, defective, and blank ballots shall be placed in
23.33envelopes marked or printed to distinguish the color of the ballots contained, and the
23.34envelopes shall be sealed. The election judges shall sign each envelope over the sealed part
24.1so that the envelope cannot be opened without disturbing the continuity of the signatures.
24.2The number and kind of ballots in each envelope, the name of the town or city, and the
24.3name of the precinct shall be plainly written upon the envelopes. The number and name of
24.4the district must be plainly written on envelopes containing school district ballots. The
24.5spoiled ballots shall be placed in separate envelopes and returned with the unused ballots
24.6to the county auditor or municipal or school district clerk from whom they were received.

24.7    Sec. 34. Minnesota Statutes 2012, section 204C.27, is amended to read:
24.8204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
24.9One or more of the election judges in each precinct shall deliver two sets of
24.10summary statements; all spoiled white, pink, canary, and gray ballots; and the envelopes
24.11containing the white, pink, canary, and gray ballots either directly to the municipal clerk
24.12for transmittal to the county auditor's office or directly to the county auditor's office as
24.13soon as possible after the vote counting is completed but no later than 24 hours after the
24.14end of the hours for voting. One or more election judges shall deliver the remaining set
24.15of summary statements and returns, all unused and spoiled municipal and school district
24.16ballots, the envelopes containing municipal and school district ballots, and all other things
24.17furnished by the municipal or school district clerk, to the municipal or school district
24.18clerk's office within 24 hours after the end of the hours for voting. The municipal or school
24.19district clerk shall return all polling place rosters and completed voter registration cards to
24.20the county auditor within 48 hours after the end of the hours for voting.

24.21    Sec. 35. Minnesota Statutes 2012, section 204C.35, subdivision 1, is amended to read:
24.22    Subdivision 1. Automatic Publicly funded recounts. (a) In a state primary when
24.23the difference between the votes cast for the candidates for nomination to:
24.24(1) a state legislative office is less than one-half of one percent of the total number of
24.25votes counted for that nomination or is ten votes or less and the total number of votes cast
24.26for the nomination is 400 votes or less; or
24.27(2) a statewide federal office, state constitutional office, statewide judicial office,
24.28congressional office, state legislative office, or district judicial office:
24.29    (1) is less than one-half one-quarter of one percent of the total number of votes
24.30counted for that nomination; or
24.31    (2) is ten votes or less and the total number of votes cast for the nomination is 400
24.32votes or less;
25.1and the difference determines the nomination, the canvassing board with responsibility
25.2for declaring the results for that office shall manually recount the vote upon receiving a
25.3written request from the candidate whose nomination is in question.
25.4Immediately following the meeting of the board that has responsibility for
25.5canvassing the results of the nomination, the filing officer must notify the candidate that
25.6the candidate has the option to request a recount of the votes at no cost to the candidate.
25.7This written request must be received by the filing officer no later than 48 hours after the
25.8canvass of the primary for which the recount is being sought.
25.9    (b) In a state general election when the difference between the votes of a candidate
25.10who would otherwise be declared elected to:
25.11(1) a state legislative office is less than one-half of one percent of the total number of
25.12votes counted for that office or is ten votes or less and the total number of votes cast for
25.13the office is 400 votes or less; or
25.14(2) a statewide federal office, state constitutional office, statewide judicial office,
25.15congressional office, state legislative office, or district judicial office and the votes of
25.16any other candidate for that office:
25.17    (1) is less than one-half one-quarter of one percent of the total number of votes
25.18counted for that office; or
25.19    (2) is ten votes or less if the total number of votes cast for the office is 400 votes or less,
25.20the canvassing board shall manually recount the votes upon receiving a written request
25.21from the candidate whose election is in question.
25.22Immediately following the meeting of the board that has responsibility for
25.23canvassing the results of the general election, the filing officer must notify the candidate
25.24that the candidate has the option to request a recount of the votes at no cost to the
25.25candidate. This written request must be received by the filing officer no later than 48 hours
25.26after the canvass of the election for which the recount is being sought.
25.27    (c) A recount must not delay any other part of the canvass. The results of the recount
25.28must be certified by the canvassing board as soon as possible.
25.29    (d) Time for notice of a contest for an office which is recounted pursuant to this section
25.30shall begin to run upon certification of the results of the recount by the canvassing board.
25.31    (e) A losing candidate may waive a recount required pursuant to this section by
25.32filing a written notice of waiver with the canvassing board.

25.33    Sec. 36. Minnesota Statutes 2012, section 204C.35, is amended by adding a
25.34subdivision to read:
26.1    Subd. 4. Filing officer. For the purposes of this section, the secretary of state is
26.2the filing officer for candidates for all federal offices and for state offices voted on in
26.3more than one county. The county auditor is the filing officer for state offices voted on
26.4in only one county.

26.5    Sec. 37. Minnesota Statutes 2012, section 204C.36, subdivision 1, is amended to read:
26.6    Subdivision 1. Required Publicly funded recounts. (a) Except as provided in
26.7paragraph paragraphs (b) and (c), a losing candidate for nomination or election to a
26.8county, municipal, or school district office may request a recount of the votes cast for
26.9the nomination or election to that office if the difference between the vote cast for that
26.10candidate and for a winning candidate for nomination or election is less than one-half
26.11 one-quarter of one percent of the total votes counted for that office. In case of offices where
26.12two or more seats are being filled from among all the candidates for the office, the one-half
26.13 one-quarter of one percent difference is between the elected candidate with the fewest votes
26.14and the candidate with the most votes from among the candidates who were not elected.
26.15(b) A losing candidate for nomination or election to a county, municipal, or school
26.16district office may request a recount of the votes cast for nomination or election to that
26.17office if the difference between the votes cast for that candidate and for a winning
26.18candidate for nomination or election is less than one-half of one percent, and the total
26.19number of votes cast for the nomination or election of all candidates is more than 400
26.20but less than 50,000. In cases of offices where two or more seats are being filled from
26.21among all the candidates for the office, the one-half of one percent difference is between
26.22the elected candidate with the fewest votes and the candidate with the most votes from
26.23among the candidates who were not elected.
26.24(b) (c) A losing candidate for nomination or election to a county, municipal, or
26.25school district office may request a recount of the votes cast for nomination or election
26.26to that office if the difference between the vote cast for that candidate and for a winning
26.27candidate for nomination or election is ten votes or less, and the total number of votes cast
26.28for the nomination or election of all candidates is no more than 400. In cases of offices
26.29where two or more seats are being filled from among all the candidates for the office,
26.30the ten vote difference is between the elected candidate with the fewest votes and the
26.31candidate with the most votes from among the candidates who were not elected.
26.32(c) (d) Candidates for county offices shall file a written request for the recount with
26.33the county auditor. Candidates for municipal or school district offices shall file a written
26.34request with the municipal or school district clerk as appropriate. All requests shall be filed
26.35during the time for notice of contest of the primary or election for which a recount is sought.
27.1(d) (e) Upon receipt of a request made pursuant to this section, the county auditor
27.2shall recount the votes for a county office at the expense of the county, the governing
27.3body of the municipality shall recount the votes for a municipal office at the expense of
27.4the municipality, and the school board of the school district shall recount the votes for a
27.5school district office at the expense of the school district.

27.6    Sec. 38. Minnesota Statutes 2012, section 204D.08, subdivision 6, is amended to read:
27.7    Subd. 6. State and county nonpartisan primary ballot. The state and county
27.8nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary
27.9Ballot." It shall be printed on canary paper in the manner provided in the rules of the
27.10secretary of state. The names of candidates for nomination to the Supreme Court, Court of
27.11Appeals, district court, and all county offices shall be placed on this ballot.
27.12No candidate whose name is placed on the state and county nonpartisan primary
27.13ballot shall be designated or identified as the candidate of any political party or in any
27.14other manner except as expressly provided by law.

27.15    Sec. 39. Minnesota Statutes 2012, section 204D.09, subdivision 2, is amended to read:
27.16    Subd. 2. Sample ballot. At least two weeks 46 days before the state primary the
27.17county auditor shall prepare a sample state partisan primary ballot and a sample state and
27.18county nonpartisan primary ballot for each precinct for public inspection and transmit an
27.19electronic copy of these sample ballots to the secretary of state. The names of all of the
27.20candidates to be voted for in the county shall be placed on the sample ballots, with the
27.21names of the candidates for each office arranged in the base rotation as determined by
27.22section 206.61, subdivision 5. Only one sample state partisan primary ballot and one
27.23sample state and county nonpartisan ballot shall be prepared for any county. The county
27.24auditor shall post the sample ballots in a conspicuous place in the auditor's office and shall
27.25cause them to be published at least one week before the state primary in at least one
27.26newspaper of general circulation in the county.

27.27    Sec. 40. Minnesota Statutes 2012, section 204D.11, subdivision 1, is amended to read:
27.28    Subdivision 1. White State general election ballot; rules. The names of
27.29the candidates for all partisan state and federal offices, all proposed constitutional
27.30amendments, all county offices and questions, and all judicial offices voted on at the state
27.31general election shall be placed on a single ballot printed on white paper which that shall
27.32be known as the "white state general election ballot." This ballot shall be prepared by the
28.1county auditor subject to the rules of the secretary of state. The secretary of state shall
28.2adopt rules for preparation and time of delivery of the white state general election ballot.

28.3    Sec. 41. Minnesota Statutes 2012, section 204D.11, subdivision 4, is amended to read:
28.4    Subd. 4. Special federal white ballot. (a) The names of all candidates for the
28.5offices of president and vice-president of the United States and senator and representative
28.6in Congress shall be placed on a ballot printed on white paper which that shall be known
28.7as the "special federal white ballot."
28.8(b) This ballot shall be prepared by the county auditor in the same manner as
28.9the white state general election ballot and shall be subject to the rules adopted by the
28.10secretary of state pursuant to subdivision 1. This ballot must be prepared and furnished
28.11in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act,
28.12United States Code, title 42, section 1973ff.
28.13(c) The special federal white ballot shall be the only ballot sent to citizens of
28.14the United States who are eligible to vote by absentee ballot for federal candidates in
28.15Minnesota.

28.16    Sec. 42. Minnesota Statutes 2012, section 204D.11, subdivision 5, is amended to read:
28.17    Subd. 5. Ballot headings. The white, pink, and special federal white ballot
28.18containing the offices and questions in subdivisions 1 and 4, shall be headed with the
28.19words "State General Election Ballot." The canary ballot shall be headed with the words
28.20"County and Judicial Nonpartisan General Election Ballot."

28.21    Sec. 43. Minnesota Statutes 2012, section 204D.11, subdivision 6, is amended to read:
28.22    Subd. 6. Gray Judicial ballot. When the canary ballot would be longer than 30
28.23inches or when it would not be possible to place all offices on a single ballot card for the
28.24state general election, the judicial offices that should be placed on the canary ballot may be
28.25placed instead on a separate gray judicial ballot. The gray judicial ballot shall be prepared
28.26by the county auditor in the manner provided in the rules of the secretary of state.
28.27The gray judicial ballot must be headed with the words: "Judicial Nonpartisan
28.28General Election Ballot." Separate ballot boxes must be provided for these gray judicial
28.29ballots.

28.30    Sec. 44. Minnesota Statutes 2012, section 204D.13, subdivision 3, is amended to read:
28.31    Subd. 3. Nominees by petition; placement on ballot. The names of candidates
28.32nominated by petition for a partisan office voted on at the state general election shall be
29.1placed on the white state general election ballot after the names of the candidates for that
29.2office who were nominated at the state primary. Prior to the state primary No later than
29.311 weeks before the state general election, the secretary of state shall determine by lot
29.4the order of candidates nominated by petition. The drawing of lots must be by political
29.5party or principle. The political party or political principle of the candidate as stated on
29.6the petition shall be placed after the name of a candidate nominated by petition. The word
29.7"nonpartisan" shall not be used to designate any partisan candidate whose name is placed
29.8on the white state general election ballot by nominating petition.

29.9    Sec. 45. Minnesota Statutes 2012, section 204D.14, subdivision 1, is amended to read:
29.10    Subdivision 1. Rotation of names. The names of candidates for nonpartisan offices
29.11on the canary state general election ballot and the judicial nonpartisan general election
29.12ballot shall be rotated in the manner provided for rotation of names on state partisan
29.13primary ballots by section 204D.08, subdivision 3.

29.14    Sec. 46. Minnesota Statutes 2012, section 204D.14, subdivision 3, is amended to read:
29.15    Subd. 3. Uncontested judicial offices. Judicial offices for a specific court for
29.16which there is only one candidate filed must appear after all other judicial offices for that
29.17same court on the canary ballot.

29.18    Sec. 47. Minnesota Statutes 2012, section 204D.15, subdivision 3, is amended to read:
29.19    Subd. 3. Sample pink ballot; constitutional amendments. Four weeks before the
29.20state general election the secretary of state shall file sample copies of the pink ballot
29.21 portion of the state general election ballot that contains the proposed constitutional
29.22amendments in the Secretary of State's Office for public inspection. Three weeks before
29.23the state general election the secretary of state shall mail transmit sample copies of the
29.24pink sample ballot to each county auditor. Each auditor shall post the sample ballot in a
29.25conspicuous place in the auditor's office.

29.26    Sec. 48. Minnesota Statutes 2012, section 204D.16, is amended to read:
29.27204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING;
29.28PUBLICATION.
29.29Two weeks before the state general election the county auditor shall prepare sample
29.30copies of the white and canary ballots and At least 46 days before the state general
29.31election, the county auditor shall post copies of these sample ballots and a sample of the
29.32pink ballot for each precinct in the auditor's office for public inspection and transmit an
30.1electronic copy of these sample ballots to the secretary of state. No earlier than 15 days
30.2and no later than two days before the state general election the county auditor shall cause
30.3the a sample white and canary ballots state general election ballot to be published in at
30.4least one newspaper of general circulation in the county.

30.5    Sec. 49. Minnesota Statutes 2012, section 204D.165, is amended to read:
30.6204D.165 SAMPLE BALLOTS TO SCHOOLS.
30.7Notwithstanding any contrary provisions in section 204D.09 or 204D.16, The county
30.8auditor, two weeks before the applicable primary or general election, shall provide one
30.9copy of the an appropriate sample partisan primary, nonpartisan primary, canary, white,
30.10or pink ballot to a school district upon request. The school district may have the sample
30.11ballots reproduced at its expense for classroom educational purposes and for educational
30.12activities authorized under section 204B.27, subdivision 7.

30.13    Sec. 50. Minnesota Statutes 2012, section 204D.19, subdivision 2, is amended to read:
30.14    Subd. 2. Special election when legislature will be in session. Except for
30.15vacancies in the legislature which occur at any time between the last day of session in an
30.16odd-numbered year and the 40th day prior to the opening day of session in the succeeding
30.17even-numbered year, when a vacancy occurs and the legislature will be in session so
30.18that the individual elected as provided by this section could take office and exercise the
30.19duties of the office immediately upon election, the governor shall issue within five days
30.20after the vacancy occurs a writ calling for a special election. The special election shall
30.21be held as soon as possible, consistent with the notice requirements of section 204D.22,
30.22subdivision 3
, but in no event more than 35 days after the issuance of the writ. A special
30.23election must not be held during the four days before or the four days after a holiday as
30.24defined in section 645.44, subdivision 5.

30.25    Sec. 51. Minnesota Statutes 2012, section 205.02, subdivision 2, is amended to read:
30.26    Subd. 2. City elections. In all statutory and home rule charter cities, the primary,
30.27general and special elections held for choosing city officials and deciding public questions
30.28relating to the city shall be held as provided in this chapter, except that sections 205.065,
30.29subdivisions 4 to 6; 205.07, subdivision 3; 205.10; 205.121; and 205.17, subdivisions 2
30.30and subdivision 3, do not apply to a city whose charter provides the manner of holding
30.31its primary, general or special elections.

30.32    Sec. 52. Minnesota Statutes 2012, section 205.10, subdivision 3, is amended to read:
31.1    Subd. 3. Prohibition. No special election authorized under subdivision 1 may be
31.2held within 40 56 days after the state general election.

31.3    Sec. 53. Minnesota Statutes 2012, section 205.13, subdivision 1a, is amended to read:
31.4    Subd. 1a. Filing period. In a city nominating candidates at a primary, an affidavit of
31.5candidacy for a city office voted on in November must be filed no more than 84 days nor
31.6less than 70 days before the city primary. In municipalities that do not hold a primary, an
31.7affidavit of candidacy must be filed no more than 70 days and not less than 56 days before
31.8the municipal general election held in March in any year, or a special election not held in
31.9conjunction with another election, and no more than 98 days nor less than 84 days before
31.10the municipal general election held in November of any year. The municipal clerk's office
31.11must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period.

31.12    Sec. 54. Minnesota Statutes 2012, section 205.16, subdivision 4, is amended to read:
31.13    Subd. 4. Notice to auditor. At least 67 74 days before every municipal election held
31.14in conjunction with a regularly scheduled primary for federal, state, county, city, or school
31.15board office or a special primary for federal office, at least 74 days before every municipal
31.16election held in connection with a regularly scheduled general election for federal, state,
31.17county, city, or school board office or a special election for federal office, and at least 53
31.18days before any other municipal election, the municipal clerk shall provide a written notice
31.19to the county auditor, including the date of the election, the offices to be voted on at the
31.20election, and the title and language for each ballot question to be voted on at the election.
31.21At least 67 74 days before every municipal election held in conjunction with a regularly
31.22scheduled primary for federal, state, county, city, or school board office or a special
31.23primary for federal office, at least 74 days before a regularly scheduled general election for
31.24federal, state, county, city, or school board office or a special election for federal office, and
31.25at least 46 days before any other election, the municipal clerk must provide written notice
31.26to the county auditor of any special election canceled under section 205.10, subdivision 6.

31.27    Sec. 55. Minnesota Statutes 2012, section 205.16, subdivision 5, is amended to read:
31.28    Subd. 5. Notice to secretary of state. At least 67 74 days before every municipal
31.29election held in conjunction with a regularly scheduled primary for federal, state, county,
31.30city, or school board office or a special primary for federal office, at least 74 days before
31.31every municipal election held in conjunction with a regularly scheduled general election
31.32for federal, state, county, city, or school board office or a special election for federal office,
31.33and at least 46 days before any other municipal election for which a notice is provided
32.1to the county auditor under subdivision 4, the county auditor shall provide a notice of
32.2the election to the secretary of state, in a manner and including information prescribed
32.3by the secretary of state.

32.4    Sec. 56. Minnesota Statutes 2012, section 205.17, subdivision 1, is amended to read:
32.5    Subdivision 1. Second, third, and fourth class cities; towns Municipal offices;
32.6questions; general election ballot. In all statutory and home rule charter cities of the
32.7second, third, and fourth class, and in all towns, for the municipal general election, the
32.8municipal clerk shall have printed on light green paper the official ballot containing the
32.9names of all candidates for municipal offices and municipal ballot questions. The ballot
32.10shall be printed in quantities of 25, 50, or 100, shall be headed "City or Town Election
32.11Ballot," shall state the name of the city or town and the date of the election, and shall
32.12conform in other respects to the white ballot used at the state general election ballot. The
32.13names shall be arranged on city ballots in the manner provided for the state elections. On
32.14town ballots names of the candidates for each office shall be arranged either:
32.15(1) alphabetically according to the candidates' surnames; or
32.16(2) in the manner provided for state elections if the town electors chose at the town's
32.17annual meeting to arrange the names in that way for at least two consecutive years.

32.18    Sec. 57. Minnesota Statutes 2012, section 205.17, subdivision 3, is amended to read:
32.19    Subd. 3. Primary ballots. The municipal primary ballot in cities of the second,
32.20third, and fourth class and towns and the nonpartisan primary ballot in cities of the first
32.21class shall conform as far as practicable with the municipal general election ballot except
32.22that it shall be printed on light green paper. No blank spaces shall be provided for writing
32.23in the names of candidates. The partisan primary ballot in cities of the first class shall
32.24conform as far as practicable with the state partisan primary ballot.

32.25    Sec. 58. Minnesota Statutes 2012, section 205A.04, is amended by adding a
32.26subdivision to read:
32.27    Subd. 3. Change in year of general election. The school board may, by resolution,
32.28change the year in which the school district general election will be held. The resolution
32.29must be approved no later than four weeks before the first day to file affidavits of
32.30candidacy for the general election. A plan for the orderly transition to the new election
32.31year must be included in the resolution. The terms of school board members may be
32.32lengthened or shortened by one year as a part of the transition process.

33.1    Sec. 59. Minnesota Statutes 2012, section 205A.05, subdivision 1, is amended to read:
33.2    Subdivision 1. Questions. Special elections must be held for a school district on a
33.3question on which the voters are authorized by law to pass judgment. The school board
33.4may on its own motion call a special election to vote on any matter requiring approval of
33.5the voters of a district. Upon petition filed with the school board of 50 or more voters of
33.6the school district or five percent of the number of voters voting at the preceding school
33.7district general election, whichever is greater, the school board shall by resolution call
33.8a special election to vote on any matter requiring approval of the voters of a district. A
33.9question is carried only with the majority in its favor required by law. The election officials
33.10for a special election are the same as for the most recent school district general election
33.11unless changed according to law. Otherwise, special elections must be conducted and the
33.12returns made in the manner provided for the school district general election. A special
33.13election may not be held during the 30 56 days before and the 30 56 days after the state a
33.14regularly scheduled primary, during the 30 days before and the 40 days after the state or
33.15general election. In addition, a special election may not be held during the 20 days before
33.16and the 20 days after any regularly scheduled election of a municipality conducted wholly
33.17or partially within the school district. Notwithstanding any other law to the contrary, the
33.18time period in which a special election must be conducted under any other law may be
33.19extended by the school board to conform with the requirements of this subdivision.

33.20    Sec. 60. Minnesota Statutes 2012, section 205A.05, subdivision 2, is amended to read:
33.21    Subd. 2. Vacancies in school district offices. Special elections shall be held in
33.22school districts in conjunction with school district primary and general elections to fill
33.23vacancies in elective school district offices. When more than one vacancy exists in an
33.24office elected at-large, voters must be instructed to vote for up to the number of vacancies
33.25to be filled.

33.26    Sec. 61. Minnesota Statutes 2012, section 205A.07, subdivision 3, is amended to read:
33.27    Subd. 3. Notice to auditor. At least 67 74 days before every school district election
33.28held in conjunction with a regularly scheduled primary for federal, state, county, city, or
33.29school board office or a special primary for federal office, at least 74 days before every
33.30school district election held in conjunction with a regularly scheduled general election for
33.31federal, state, county, city, or school board office or a special election for federal office,
33.32and at least 53 days before any other school district election, the school district clerk shall
33.33provide a written notice to the county auditor of each county in which the school district is
33.34located. The notice must include the date of the election, the offices to be voted on at the
34.1election, and the title and language for each ballot question to be voted on at the election.
34.2For the purposes of meeting the timelines of this section, in a bond election, a notice,
34.3including a proposed question, may be provided to the county auditor before receipt of a
34.4review and comment from the commissioner of education and before actual initiation of
34.5the election. At least 67 74 days before every school district election held in conjunction
34.6with a regularly scheduled primary for federal, state, county, city, or school board office or
34.7a special primary for federal office, at least 74 days before an election held in conjunction
34.8with a regularly scheduled general election for federal, state, county, city, or school board
34.9office or a special election for federal office, and at least 46 days before any other election,
34.10the school district clerk must provide written notice to the county auditor of any special
34.11election canceled under section 205A.05, subdivision 3.

34.12    Sec. 62. Minnesota Statutes 2012, section 205A.07, subdivision 3a, is amended to read:
34.13    Subd. 3a. Notice to commissioner of education. At least 67 74 days before every
34.14school district election held in conjunction with a regularly scheduled primary for federal,
34.15state, county, city, or school board office or a special primary for federal office, at least 74
34.16days before every school district election held in conjunction with a regularly scheduled
34.17general election for federal, state, county, city, or school board office or a special election
34.18for federal office, and at least 49 days before any other school district election, under
34.19section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the school district clerk shall
34.20provide a written notice to the commissioner of education. The notice must include the
34.21date of the election and the title and language for each ballot question to be voted on at the
34.22election. At least 67 74 days before every school district election held in conjunction with
34.23a regularly scheduled primary for federal, state, county, city, or school board office or a
34.24special primary for federal office, at least 74 days before every school district election
34.25held in conjunction with a regularly scheduled general election for federal, state, county,
34.26city, or school board office or a special election for federal office, and at least 46 days
34.27before any other school district election, the school district clerk must provide a written
34.28notice to the commissioner of education of any special election canceled under section
34.29205A.05, subdivision 3 . The certified vote totals for each ballot question shall be provided
34.30in a written notice to the commissioner in a timely manner.

34.31    Sec. 63. Minnesota Statutes 2012, section 205A.07, subdivision 3b, is amended to read:
34.32    Subd. 3b. Notice to secretary of state. At least 67 74 days before every school
34.33district election held in conjunction with a regularly scheduled primary for federal, state,
34.34county, city, or school board office or a special primary for federal office, at least 74
35.1days before every school district election held in conjunction with a regularly scheduled
35.2general election for federal, state, county, city, or school board office or a special election
35.3for federal office, and at least 46 days before any other school district election for which
35.4a notice is provided to the county auditor under subdivision 3, the county auditor shall
35.5provide a notice of the election to the secretary of state, in a manner and including
35.6information prescribed by the secretary of state.

35.7    Sec. 64. Minnesota Statutes 2012, section 205A.08, subdivision 1, is amended to read:
35.8    Subdivision 1. Buff General election ballot. The names of all candidates for offices
35.9and all ballot questions to be voted on at a school district general election must be placed
35.10on a single ballot printed on buff paper and known as the "buff ballot.".

35.11    Sec. 65. Minnesota Statutes 2012, section 206.57, is amended by adding a subdivision
35.12to read:
35.13    Subd. 8. Ballot boxes. Notwithstanding Minnesota Rules, part 8230.4355, ballot
35.14boxes used with precinct count voting systems are not required to contain two separate
35.15compartments to receive ballots.
35.16EFFECTIVE DATE.This section is effective the day following final enactment.

35.17    Sec. 66. Minnesota Statutes 2012, section 206.61, subdivision 4, is amended to read:
35.18    Subd. 4. Order of candidates. On the "State Partisan Primary Ballot" prepared for
35.19primary elections, and on the white state general election ballot prepared for the general
35.20election, the order of the names of nominees or names of candidates for election shall be
35.21the same as required for paper ballots. More than one column or row may be used for the
35.22same office or party. Electronic ballot display and audio ballot readers must conform to
35.23the candidate order on the optical scan ballot used in the precinct.

35.24    Sec. 67. Minnesota Statutes 2012, section 206.89, subdivision 2, is amended to read:
35.25    Subd. 2. Selection for review; notice. At the canvass of the state primary, the
35.26county canvassing board in each county must set the date, time, and place for the
35.27postelection review of the state general election to be held under this section. The
35.28postelection review must not begin before the 11th day after the state general election and
35.29must be complete no later than the 18th day after the state general election.
35.30    At the canvass of the state general election, the county canvassing boards must select
35.31the precincts to be reviewed by lot. Ballots counted centrally by a ballot board shall be
35.32considered one precinct eligible to be selected for purposes of this subdivision. The ballots
36.1to be reviewed for a precinct include both the ballots counted at the polling place for that
36.2precinct and the absentee ballots counted centrally by a ballot board for that precinct. The
36.3county canvassing board of a county with fewer than 50,000 registered voters must conduct
36.4a postelection review of a total of at least two precincts. The county canvassing board of a
36.5county with between 50,000 and 100,000 registered voters must conduct a review of a total
36.6of at least three precincts. The county canvassing board of a county with over 100,000
36.7registered voters must conduct a review of a total of at least four precincts, or three percent
36.8of the total number of precincts in the county, whichever is greater. At least one precinct
36.9selected in each county must have had more than 150 votes cast at the general election.
36.10    The county auditor must notify the secretary of state of the precincts that have been
36.11chosen for review and the time and place the postelection review for that county will be
36.12conducted, as soon as the decisions are made. If the selection of precincts has not resulted
36.13in the selection of at least four precincts in each congressional district, the secretary of state
36.14may require counties to select by lot additional precincts to meet the congressional district
36.15requirement. The secretary of state must post this information on the office Web site.

36.16    Sec. 68. Minnesota Statutes 2012, section 206.89, is amended by adding a subdivision
36.17to read:
36.18    Subd. 2a. Exception. No review is required under this section if the election for the
36.19office will be subject to a recount as provided in section 204C.35, subdivision 1.

36.20    Sec. 69. Minnesota Statutes 2012, section 206.895, is amended to read:
36.21206.895 SECRETARY OF STATE MONITOR.
36.22The secretary of state must monitor and evaluate election procedures in precincts
36.23subject to the audit provided for in section 206.89 in at least four precincts one precinct in
36.24each congressional district. The precincts must be chosen by lot by the State Canvassing
36.25Board at its meeting to canvass the state general election.

36.26    Sec. 70. Minnesota Statutes 2012, section 206.90, subdivision 6, is amended to read:
36.27    Subd. 6. Ballots. In precincts using optical scan voting systems, a single ballot card
36.28on which all ballot information is included must be printed in black ink on white colored
36.29material except that marks not to be read by the automatic tabulating equipment may be
36.30printed in another color ink. In state elections, a single ballot title must be used, as provided
36.31in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. In odd-numbered years
36.32when both municipal and school district offices or questions appear on the ballot, the
36.33single ballot title "City (or Town) and School District Ballot" must be used.
37.1On the front of the ballot must be printed the words "Official Ballot" and the date of
37.2the election and lines for the initials of at least two election judges.
37.3When optical scan ballots are used, the offices to be elected must appear in the
37.4following order: federal offices; state legislative offices; constitutional offices; proposed
37.5constitutional amendments; county offices and questions; municipal offices and questions;
37.6school district offices and questions; special district offices and questions; and judicial
37.7offices.
37.8On optical scan ballots, the names of candidates and the words "yes" and "no" for
37.9ballot questions must be printed as close to their corresponding vote targets as possible.
37.10The line on an optical scan ballot for write-in votes must contain the words "write-in,
37.11if any."
37.12If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the
37.13instructions to voters must include a statement that reads substantially as follows: "THIS
37.14BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN
37.15BALLOT. ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR
37.16CANDIDATES OF ONE POLITICAL PARTY ONLY." If a primary ballot contains
37.17political party columns on both sides of the ballot, the instructions to voters must include a
37.18statement that reads substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE
37.19PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE POLITICAL
37.20PARTY ONLY." At the bottom of each political party column on the primary ballot, the
37.21ballot must contain a statement that reads substantially as follows: "CONTINUE VOTING
37.22ON THE NONPARTISAN BALLOT." The instructions in section 204D.08, subdivision 4,
37.23do not apply to optical scan partisan primary ballots. Electronic ballot displays and audio
37.24ballot readers must follow the order of offices and questions on the optical scan or paper
37.25ballot used in the same precinct, or the sample ballot posted for that precinct.

37.26    Sec. 71. Minnesota Statutes 2012, section 208.04, subdivision 1, is amended to read:
37.27    Subdivision 1. Form of presidential ballots. When presidential electors and
37.28alternates are to be voted for, a vote cast for the party candidates for president and vice
37.29president shall be deemed a vote for that party's electors and alternates as filed with the
37.30secretary of state. The secretary of state shall certify the names of all duly nominated
37.31presidential and vice presidential candidates to the county auditors of the counties of
37.32the state. Each county auditor, subject to the rules of the secretary of state, shall cause
37.33the names of the candidates of each major political party and the candidates nominated
37.34by petition to be printed in capital letters, set in type of the same size and style as for
37.35candidates on the state white general election ballot, before the party designation. To the
38.1left of, and on the same line with the names of the candidates for president and vice
38.2president, near the margin, shall be placed a square or box, in which the voters may
38.3indicate their choice by marking an "X."
38.4The form for the presidential ballot and the relative position of the several candidates
38.5shall be determined by the rules applicable to other state officers. The state ballot, with
38.6the required heading, shall be printed on the same piece of paper and shall be below the
38.7presidential ballot with a blank space between one inch in width.

38.8    Sec. 72. Minnesota Statutes 2012, section 208.04, subdivision 2, is amended to read:
38.9    Subd. 2. Applicable rules. The rules for preparation, state contribution to the cost
38.10of printing, and delivery of presidential ballots are the same as the rules for white state
38.11general election ballots under section 204D.11, subdivision 1.

38.12    Sec. 73. Minnesota Statutes 2012, section 211B.045, is amended to read:
38.13211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
38.14In any municipality, whether or not the municipality has an ordinance that regulates
38.15the size or number of noncommercial signs, All noncommercial signs of any size may be
38.16posted in any number from beginning 46 days before the state primary in a state general
38.17election year until ten days following the state general election. Municipal ordinances
38.18may regulate the size and number of noncommercial signs at other times.

38.19    Sec. 74. Minnesota Statutes 2012, section 211B.37, is amended to read:
38.20211B.37 COSTS ASSESSED.
38.21Except as otherwise provided in section 211B.36, subdivision 3, the chief
38.22administrative law judge shall assess the cost of considering complaints filed under
38.23section 211B.32 as provided in this section. Costs of complaints relating to a statewide
38.24ballot question or an election for a statewide or legislative office must be assessed against
38.25the appropriation from the general fund to the general account of the state elections
38.26campaign fund in section 10A.31, subdivision 4. Costs of complaints relating to any
38.27other ballot question or elective office must be assessed against the county or counties in
38.28which the election is held. Where the election is held in more than one county, the chief
38.29administrative law judge shall apportion the assessment among the counties in proportion
38.30to their respective populations within the election district to which the complaint relates
38.31according to the most recent decennial federal census paid from appropriations to the
38.32office for this purpose.

39.1    Sec. 75. Minnesota Statutes 2012, section 340A.416, subdivision 2, is amended to read:
39.2    Subd. 2. Ballot question. The form of the question of the referendum under this
39.3section must be on a separate ballot and must allow the voters to vote either "for license"
39.4or "against license." either "Shall the city issue ... intoxicating liquor licenses?" or "Shall
39.5the city discontinue issuing intoxicating liquor licenses?".

39.6    Sec. 76. Minnesota Statutes 2012, section 340A.416, subdivision 3, is amended to read:
39.7    Subd. 3. Effect of election results. If a majority of persons voting on the
39.8referendum question vote "against license," to discontinue issuing licenses, the city may
39.9not issue intoxicating liquor licenses until the results of the referendum have been reversed
39.10at a subsequent election where the question has been submitted as provided in this section.

39.11    Sec. 77. Minnesota Statutes 2012, section 340A.602, is amended to read:
39.12340A.602 CONTINUATION.
39.13In any city in which the report of the operations of a municipal liquor store has
39.14shown a net loss prior to interfund transfer in any two of three consecutive years, the
39.15city council shall, not more than 45 days prior to the end of the fiscal year following
39.16the three-year period, hold a public hearing on the question of whether the city shall
39.17continue to operate a municipal liquor store. Two weeks' notice, written in clear and easily
39.18understandable language, of the hearing must be printed in the city's official newspaper.
39.19Following the hearing the city council may on its own motion or shall upon petition of five
39.20percent or more of the registered voters of the city, submit to the voters at a general or
39.21special municipal election the question of whether the city shall continue or discontinue
39.22municipal liquor store operations by a date which the city council shall designate. The
39.23date designated by the city council must not be more than 30 months following the date
39.24of the election. The form of the question shall be: "Shall the city of (name) discontinue
39.25operating the municipal liquor store on (Month xx, 2xxx)?".

39.26    Sec. 78. Minnesota Statutes 2012, section 375.20, is amended to read:
39.27375.20 BALLOT QUESTIONS.
39.28If the county board may do an act, incur a debt, appropriate money for a purpose,
39.29or exercise any other power or authority, only if authorized by a vote of the people, the
39.30question may be submitted at a special or general election, by a resolution specifying the
39.31matter or question to be voted upon. If the question is to authorize the appropriation of
39.32money, creation of a debt, or levy of a tax, it shall state the amount. Notice of the election
39.33shall be given as in the case of special elections. If the question submitted is adopted, the
40.1board shall pass an appropriate resolution to carry it into effect. In the election the form
40.2of the ballot shall be: "In favor of Shall (here state the substance of the resolution to be
40.3submitted)?, Yes ...... No......," with a square opposite each of the words "yes" and "no," in
40.4one of which the voter shall mark an "X" to indicate a choice. The county board may call
40.5a special county election upon a question to be held within 60 74 days after a resolution to
40.6that effect is adopted by the county board. Upon the adoption of the resolution the county
40.7auditor shall post and publish notices of the election, as required by section 204D.22,
40.8subdivisions 2 and 3. The election shall be conducted and the returns canvassed in the
40.9manner prescribed by sections 204D.20 to 204D.27, so far as practicable.

40.10    Sec. 79. Minnesota Statutes 2012, section 447.32, subdivision 2, is amended to read:
40.11    Subd. 2. Elections. Except as provided in this chapter, the Minnesota Election Law
40.12applies to hospital district elections, as far as practicable. Regular elections must be held
40.13in each hospital district at the same time, in the same election precincts, and at the same
40.14polling places as general elections of state and county officers. It may establish the whole
40.15district as a single election precinct or establish two or more different election precincts and
40.16polling places for the elections. If there is more than one precinct, the boundaries of the
40.17election precincts and the locations of the polling places must be defined in the notice of
40.18election, either in full or by reference to a description or map on file in the office of the clerk.
40.19Special elections may be called by the hospital board to vote on any matter required
40.20by law to be submitted to the voters. A special election may not be conducted either
40.21during the 30 56 days before and the 30 days after the state or the 56 days after a regularly
40.22scheduled primary or state general election, or during the 20 days before and the 20 days
40.23after the regularly scheduled election of any municipality conducted wholly or partially
40.24within the hospital district. Special elections must be held within the election precinct or
40.25precincts and at the polling place or places designated by the board. In the case of the
40.26first election of officers of a new district, precincts and polling places must be set by the
40.27governing body of the most populous city or town included in the district.
40.28Advisory ballots may be submitted by the hospital board on any question it wishes,
40.29concerning the affairs of the district, but only at a regular election or at a special election
40.30required for another purpose.

40.31    Sec. 80. Minnesota Statutes 2012, section 447.32, subdivision 3, is amended to read:
40.32    Subd. 3. Election notices. At least two weeks before the first day to file affidavits
40.33of candidacy, the clerk of the district shall publish a notice stating the first and last day
40.34on which affidavits of candidacy may be filed, the places for filing the affidavits and the
41.1closing time of the last day for filing. The clerk shall post a similar notice in at least one
41.2conspicuous place in each city and town in the district at least ten days before the first
41.3day to file affidavits of candidacy.
41.4At least 53 74 days prior to every hospital district election, the hospital district clerk
41.5shall provide a written notice to the county auditor of each county in which the hospital
41.6district is located. The notice must include the date of the election, the offices to be voted
41.7on at the election, and the title and language for each ballot question to be voted on at the
41.8election. At least 46 days before a hospital district election for which a notice is provided
41.9to the county auditor under this subdivision, The county auditor shall immediately provide
41.10a notice to the secretary of state in a manner and including information prescribed by
41.11the secretary of state.
41.12The notice of each election must be posted in at least one public and conspicuous
41.13place within each city and town included in the district at least ten days two weeks before
41.14the election. It must be published in the official newspaper of the district or, if a paper has
41.15not been designated, in a legal newspaper having general circulation within the district, at
41.16least two weeks before the election. Failure to give notice does not invalidate the election
41.17of an officer of the district. A voter may contest a hospital district election in accordance
41.18with chapter 209. Chapter 209 applies to hospital district elections.

41.19    Sec. 81. Minnesota Statutes 2012, section 447.32, subdivision 4, is amended to read:
41.20    Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
41.21candidate for the hospital board shall file an affidavit of candidacy for the election either as
41.22member at large or as a member representing the city or town where the candidate resides.
41.23The affidavit of candidacy must be filed with the city or town clerk not more than 91 98 days
41.24nor less than 77 84 days before the first Tuesday after the first Monday in November of the
41.25year in which the general election is held. The city or town clerk must forward the affidavits
41.26of candidacy to the clerk of the hospital district or, for the first election, the clerk of the
41.27most populous city or town immediately after the last day of the filing period. A candidate
41.28may withdraw from the election by filing an affidavit of withdrawal with the clerk of the
41.29district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy.
41.30Voting must be by secret ballot. The clerk shall prepare, at the expense of the
41.31district, necessary ballots for the election of officers. Ballots must be printed on tan paper
41.32and prepared as provided in the rules of the secretary of state. The ballots must be marked
41.33and initialed by at least two judges as official ballots and used exclusively at the election.
41.34Any proposition to be voted on may be printed on the ballot provided for the election
41.35of officers. The hospital board may also authorize the use of voting systems subject to
42.1chapter 206. Enough election judges may be appointed to receive the votes at each
42.2polling place. The election judges shall act as clerks of election, count the ballots cast,
42.3and submit them to the board for canvass.
42.4After canvassing the election, the board shall issue a certificate of election to the
42.5candidate who received the largest number of votes cast for each office. The clerk shall
42.6deliver the certificate to the person entitled to it in person or by certified mail. Each person
42.7certified shall file an acceptance and oath of office in writing with the clerk within 30
42.8days after the date of delivery or mailing of the certificate. The board may fill any office
42.9as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
42.10qualification is effective if made before the board acts to fill the vacancy.

42.11    Sec. 82. Laws 1963, chapter 276, section 2, subdivision 2, as amended by Laws 1992,
42.12chapter 534, section 1, is amended to read:
42.13    Subd. 2. One third of the members of the first hospital board shall be appointed for a
42.14term to expire one year from December 31 next following such appointment, one third
42.15for a term to expire two years from such date, and one third for a term to expire three
42.16years from such date. Successors to the original board members shall each be elected for
42.17terms of three years, and all members shall hold office until their successors are elected
42.18and qualify. Terms of all members shall expire on December 31. In case of a vacancy
42.19on the hospital board, whether due to death, removal from the district, inability to serve,
42.20resignation, or other cause the majority of the remaining members of the hospital board,
42.21at its next regular or special meeting, shall make an appointment to fill such vacancy for
42.22the then unexpired term. The election of successors to the original board members shall
42.23be elected by popular vote of the qualified voters in the hospital district. Hospital board
42.24elections shall be conducted as provided in Minnesota Statutes, section 447.32. The
42.25hospital board shall, by resolution, adopt a plan for the orderly transition to the new
42.26election schedule. The resolution must be approved no later than four weeks before the
42.27first day to file affidavits of candidacy for the general election. The terms of hospital board
42.28members may be lengthened or shortened by one year as a part of the transition process.

42.29    Sec. 83. APPROPRIATION.
42.30$60,000 is appropriated from the general fund in fiscal year 2014 to the secretary of
42.31state to develop functionality within the statewide voter registration system to facilitate
42.32the processing and tracking of mail ballots.

42.33    Sec. 84. REPEALER.
43.1(a) Minnesota Statutes 2012, sections 204B.42; 204D.11, subdivisions 2 and 3;
43.2205.17, subdivisions 2 and 4; and 205A.08, subdivision 4, are repealed.
43.3(b) Minnesota Statutes 2012, section 2.484, is repealed.

43.4ARTICLE 3
43.5LOSS AND RESTORATION OF VOTING RIGHTS

43.6    Section 1. Minnesota Statutes 2012, section 13.851, subdivision 10, is amended to read:
43.7    Subd. 10. Felony sentence offender data; voter registration. The use and
43.8classification of felony sentence offender data made available to the secretary of state
43.9is governed by section 201.157.

43.10    Sec. 2. Minnesota Statutes 2012, section 201.054, is amended by adding a subdivision
43.11to read:
43.12    Subd. 1a. Invalid registrations; notice to voter. If the county auditor has reason
43.13to believe based upon records provided by another public entity that an individual who
43.14has submitted a voter registration application is not eligible to vote, the county auditor
43.15must notify the individual of the reason that the individual's eligibility is in question
43.16and that the individual will not be registered to vote unless the individual reaffirms the
43.17individual's eligibility in writing.

43.18    Sec. 3. Minnesota Statutes 2012, section 201.054, subdivision 2, is amended to read:
43.19    Subd. 2. Prohibitions; penalty; affirmative defense. (a) No individual shall
43.20intentionally:
43.21(a) (1) cause or attempt to cause the individual's name to be registered in any
43.22precinct if the individual is not eligible to vote;
43.23(b) (2) cause or attempt to cause the individual's name to be registered for the
43.24purpose of voting in more than one precinct;
43.25(c) (3) misrepresent the individual's identity when attempting to register to vote; or
43.26(d) (4) aid, abet, counsel, or procure any other individual to violate this subdivision.
43.27A violation of this subdivision is a felony.
43.28(b) It is an affirmative defense to a prosecution for violation of paragraph (a), clause
43.29(1), if the individual:
43.30(1) requested, in writing, that the county auditor of the county where the individual
43.31resides withdraw the registration, and the request was made before any complaint was
43.32filed alleging a violation of paragraph (a), clause (1); and
44.1(2) did not vote at an election between the time the registration application was
44.2submitted and the time the individual requested the registration be withdrawn.

44.3    Sec. 4. Minnesota Statutes 2012, section 201.157, is amended to read:
44.4201.157 USE OF DEPARTMENT OF CORRECTIONS DATA.
44.5    Subdivision 1. Access to data. As required by the Help America Vote Act of 2002,
44.6Public Law 107-252, (a) The commissioner of corrections shall make electronic data
44.7available to the secretary of state on individuals 18 years of age or older who are currently:
44.8(1) serving felony sentences under the commissioner's jurisdiction; or
44.9(2) on probation for felony offenses that would result in the loss of civil rights, as
44.10indicated by the statewide supervision system established under section 241.065.
44.11The data must include the name, date of birth, last known residential address that is
44.12not a correctional facility, and, if available, corrections' state identification number, and if
44.13available, and the driver's license or state identification card number, and, if an individual
44.14has completed the sentence, the date of discharge.
44.15(b) The secretary of state must determine if any data newly indicates that:
44.16(1) an individual with an active voter registration in the statewide voter registration
44.17system is currently serving a felony sentence under the commissioner's jurisdiction or is on
44.18probation for a felony offense that would result in the loss of civil rights and the individual's
44.19voter record does not already have a challenged status due to a felony conviction;
44.20(2) an individual with an active voter registration in the statewide voter registration
44.21system who is currently serving a felony sentence under the commissioner's jurisdiction or
44.22who is on probation for a felony offense that would result in the loss of civil rights appears
44.23to have registered to vote or to have voted during a period when the individual's civil
44.24rights were revoked; and
44.25(3) an individual with a voter record that has a challenged status due to a felony
44.26conviction who was serving a felony sentence under the commissioner's jurisdiction
44.27 or who has been on probation for a felony offense that would result in the loss of civil
44.28rights has been discharged from a sentence.
44.29The secretary of state shall prepare a list of the registrants included under clause (1),
44.30(2), or (3) for each county auditor. For individuals under clause (1), the county auditor
44.31shall challenge the individual's record in the statewide voter registration system. The
44.32county auditor must provide information to the county attorney about individuals under
44.33clause (2) for the county attorney's investigation. For individuals under clause (3), the
44.34county auditor must determine if the challenge status should be removed from the voter
44.35record for the individual, and if so, must remove the challenge.
45.1The secretary of state must make the required determinations and provide the
45.2required lists to the county auditors at least monthly.
45.3For each state general election that occurs prior to the statewide voter registration
45.4system being programmed to generate lists as required by this section, the secretary of
45.5state must make the determination and provide lists to the county auditors between 30 and
45.660 days before the election and again between six and ten weeks after the election. In the
45.7year following that state election, the secretary of state must make this determination and
45.8provide lists to the county auditors again as part of the annual list maintenance.
45.9    Subd. 2. Notice to affected individuals. (a) Between 60 and 65 days prior to a state
45.10general election, the Department of Corrections shall provide to the secretary of state a list
45.11of offenders who, at the time the list is prepared, are on supervised release or probation for
45.12a felony offense that resulted in the loss of civil rights. The list shall also include former
45.13offenders who the data indicates were discharged from all felony-level sentences since the
45.14previous list was provided in accordance with this subdivision and who are not serving a
45.15felony-level sentence at the time the list is prepared. The data must include the offender's
45.16name; date of birth; last known residential address that is not a correctional facility; if
45.17available, corrections state identification number and driver's license or state identification
45.18card number; and if an offender has completed the sentence, the date the discharge occurred.
45.19(b) The secretary of state shall use the data provided in paragraph (a) to mail written
45.20notices at least one month prior to a state general election, as follows:
45.21(1) a notice to each individual on probation for a felony offense that would result
45.22in the loss of civil rights, informing the individual that registration or voting while on
45.23probation for the offense is itself a felony offense and may result in the loss of the
45.24individual's probation status; and
45.25(2) a notice to each individual who has completed a term of probation resulting in
45.26the loss of civil rights and who has no new felony conviction, that the individual's right
45.27to vote has been restored.
45.28    Subd. 3. Data. Data on offenders submitted to the secretary of state under this
45.29section are private data on individuals as defined in section 13.02, subdivision 12, and
45.30may be used or disseminated only for purposes authorized by this section.

45.31    Sec. 5. Minnesota Statutes 2012, section 201.275, is amended to read:
45.32201.275 INVESTIGATIONS; PROSECUTIONS.
45.33A county attorney who law enforcement agency that is notified by affidavit of an
45.34alleged violation of this chapter shall promptly investigate. Upon receiving an affidavit
45.35alleging a violation of this chapter, a county attorney shall promptly forward it to a law
46.1enforcement agency with jurisdiction for investigation. If there is probable cause for
46.2instituting a prosecution, the county attorney shall proceed by complaint or present
46.3the charge, with whatever evidence has been found, to the grand jury according to the
46.4generally applicable standards regarding the prosecutorial functions and duties of a
46.5county attorney, provided that the county attorney is not required to proceed with the
46.6prosecution if the complainant withdraws the allegation. A county attorney who refuses or
46.7intentionally fails to faithfully perform this or any other duty imposed by this chapter is
46.8guilty of a misdemeanor and upon conviction shall forfeit office. The county attorney,
46.9under the penalty of forfeiture of office, shall prosecute all violations of this chapter
46.10except violations of this section; if, however, a complainant withdraws an allegation under
46.11this chapter, the county attorney is not required to proceed with the prosecution. Willful
46.12violation of this chapter by any public employee constitutes just cause for suspension
46.13without pay or dismissal of the public employee.

46.14    Sec. 6. Minnesota Statutes 2012, section 203B.06, subdivision 3, is amended to read:
46.15    Subd. 3. Delivery of ballots. (a) The commissioner of corrections must provide the
46.16secretary of state with a list of the names and mailing addresses of state adult correctional
46.17facilities. An application for an absentee ballot that provides an address included on the list
46.18provided by the commissioner of corrections must not be accepted and an absentee ballot
46.19must not be provided to the applicant. The county auditor or municipal clerk must promptly
46.20transmit a copy of the application to the county attorney. The Department of Corrections
46.21must implement procedures to ensure that absentee ballots issued under chapter 203B are
46.22not received or mailed by offenders incarcerated at state adult correctional facilities.
46.23(b) If an application for absentee ballots is accepted at a time when absentee ballots
46.24are not yet available for distribution, the county auditor, or municipal clerk accepting the
46.25application shall file it and as soon as absentee ballots are available for distribution shall
46.26mail them to the address specified in the application. If an application for absentee ballots
46.27is accepted when absentee ballots are available for distribution, the county auditor or
46.28municipal clerk accepting the application shall promptly:
46.29    (1) mail the ballots to the voter whose signature appears on the application if the
46.30application is submitted by mail and does not request commercial shipping under clause (2);
46.31    (2) ship the ballots to the voter using a commercial shipper requested by the voter at
46.32the voter's expense;
46.33    (3) deliver the absentee ballots directly to the voter if the application is submitted in
46.34person; or
47.1    (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
47.2been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
47.3voter who would have difficulty getting to the polls because of incapacitating health
47.4reasons, or who is disabled, or who is a patient in a health care facility, a resident of
47.5a facility providing assisted living services governed by chapter 144G, a participant in
47.6a residential program for adults licensed under section 245A.02, subdivision 14, or a
47.7resident of a shelter for battered women as defined in section 611A.37, subdivision 4.
47.8    (b) (c) If an application does not indicate the election for which absentee ballots are
47.9sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
47.10the next election occurring after receipt of the application. Only one set of ballots may
47.11be mailed, shipped, or delivered to an applicant for any election, except as provided in
47.12section 203B.121, subdivision 2, or when a replacement ballot has been requested by the
47.13voter for a ballot that has been spoiled or lost in transit.
47.14EFFECTIVE DATE.This section is effective June 15, 2013.

47.15    Sec. 7. Minnesota Statutes 2012, section 204C.14, is amended to read:
47.16204C.14 UNLAWFUL VOTING; PENALTY.
47.17    Subdivision 1. Violations; penalty. No individual shall intentionally:
47.18(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in
47.19a ballot box or attempting to vote by means of a voting machine or electronic voting system;
47.20(b) vote more than once at the same election;
47.21(c) put a ballot in a ballot box for any illegal purpose;
47.22(d) give more than one ballot of the same kind and color to an election judge to
47.23be placed in a ballot box;
47.24(e) aid, abet, counsel or procure another to go into any precinct for the purpose
47.25of voting in that precinct, knowing that the other individual is not eligible to vote in
47.26that precinct; or
47.27(f) aid, abet, counsel or procure another to do any act in violation of this section.
47.28A violation of this section is a felony.
47.29    Subd. 2. Signature on roster as evidence of intent. For purposes of proving a
47.30violation of this section, the signature of an individual on a polling place roster is prima
47.31facie evidence of the intent of the individual to vote at that election.

47.32    Sec. 8. Minnesota Statutes 2012, section 241.065, subdivision 2, is amended to read:
48.1    Subd. 2. Establishment. The Department of Corrections shall administer and
48.2maintain a computerized data system for the purpose of assisting criminal justice agencies
48.3in monitoring and enforcing the conditions of conditional release imposed on criminal
48.4offenders by a sentencing court or the commissioner of corrections. The adult data and
48.5juvenile data as defined in section 260B.171 in the statewide supervision system are
48.6private data as defined in section 13.02, subdivision 12, but are accessible to criminal
48.7justice agencies as defined in section 13.02, subdivision 3a, to the Minnesota sex offender
48.8program as provided in section 246B.04, subdivision 3, to public defenders as provided in
48.9section 611.272, to all trial courts and appellate courts, and to criminal justice agencies in
48.10other states in the conduct of their official duties. Adult data in the statewide supervision
48.11system are accessible to the secretary of state for the purposes described in section 201.157.

48.12    Sec. 9. [244.25] NOTICE OF LOSS OF VOTING RIGHTS.
48.13Whenever an adult felon is placed on probation supervision, the individual must be
48.14provided a written notice, included in the probation agreement, that the individual may not
48.15register to vote or cast a ballot in any election during the period of felony supervision. The
48.16individual must acknowledge, by signature, receipt of the notice. A copy of the notice and
48.17signature must be placed in the felon's probation supervision file.

48.18    Sec. 10. APPROPRIATION.
48.19$47,000 is appropriated in fiscal year 2014 and $88,000 is appropriated in fiscal year
48.202015 to the secretary of state to administer this act. Of these amounts, $68,000 is added to
48.21the base budget of the secretary of state.

48.22ARTICLE 4
48.23ELECTRONIC ROSTERS

48.24    Section 1. ELECTRONIC ROSTER PILOT PROJECT.
48.25    Subdivision 1. Established. A pilot project is established to explore the use of
48.26electronic rosters in conducting elections. Jurisdictions participating in the project must
48.27use electronic rosters to process election day registration. The pilot project shall apply to
48.28general elections for home rule charter or statutory cities conducted in participating cities
48.29in 2013. The standards for conducting the pilot project are as provided in this section.
48.30    Subd. 2. Participating cities. Precincts located in Minnetonka, Moorhead, St.
48.31Anthony, St. Paul, and St. Peter may participate in the project. In participating cities,
48.32individual precincts shall be selected by the head elections official within each jurisdiction.
49.1    Subd. 3. Requirements of electronic roster technology. In participating cities, an
49.2electronic roster and the computer it is run on must:
49.3(1) allow for data to be exported in a file format prescribed by the secretary of state;
49.4(2) allow for data to be entered manually or by scanning a Minnesota driver's license
49.5or identification card to populate a voter registration application that would be printed
49.6and signed and dated by the voter;
49.7(3) provide for a printed voter's signature certificate, containing the voter's name,
49.8address of residence, date of birth, the oath required by Minnesota Statutes, section
49.9204C.10, and a space for the voter's original signature;
49.10(4) immediately alert the election judge if the electronic roster indicates that a voter
49.11has already voted, or it appears that the voter resides in a different precinct; and
49.12(5) perform any other functions necessary for the efficient and secure administration
49.13of the election, as determined by the secretary of state.
49.14    Subd. 4. Minnesota Election Law; other law. Except as provided in this section,
49.15the provisions of the Minnesota Election Law apply to this pilot project, so far as
49.16practicable. Voters participating in the safe at home program must be allowed to vote
49.17pursuant to Minnesota Statutes, section 5B.06. Nothing in this section shall be construed
49.18to amend absentee voting provisions in Minnesota Statutes, chapter 203B.
49.19    Subd. 5. Election records retention. All voter's signature certificates and voter
49.20registration applications printed from an electronic roster shall be retained pursuant to
49.21Minnesota Statutes, section 204B.40. Data on election day registrants must be uploaded to
49.22the statewide voter registration system for processing by county auditors.
49.23    Subd. 6. Evaluation. The secretary of state must provide for an evaluation of the
49.24pilot project and must report to the legislative committees with jurisdiction over elections
49.25by February 15, 2014. The report must include:
49.26(1) a description of the technology that was used and explanation of how that
49.27technology was selected;
49.28(2) the process used for implementing electronic poll books;
49.29(3) a description of training that was conducted for election judges and other election
49.30officials in precincts that used electronic poll books;
49.31(4) the number of voters who voted in each precinct using electronic poll books;
49.32(5) comments or feedback from election judges or others in a precinct using
49.33electronic poll books;
49.34(6) the costs associated with the use of electronic poll books, broken down by precinct;
49.35(7) comments or feedback from the participating cities and counties regarding data
49.36transfers and other exchanges of information; and
50.1(8) any other feedback or recommendations the secretary of state believes are
50.2relevant to evaluating the pilot project.

50.3    Sec. 2. USE OF ELECTRONIC ROSTERS FOR PREREGISTERED VOTERS;
50.4MOCK ELECTION.
50.5(a) No later than April 15, 2014, the secretary of state must conduct a mock election
50.6to demonstrate and test the use of electronic rosters that contain data on preregistered
50.7voters. The secretary of state must ensure that the list of preregistered voters used for the
50.8mock election includes the variety of types of voters that could appear in a polling place,
50.9including voters listed as "challenged" for different reasons, voters who are registered at a
50.10different address in the precinct, voters who have already voted in-person at the polling
50.11place, and voters who have already voted by absentee ballot. The mock election must test
50.12the ability of the electronic roster technology to upload data from the electronic roster
50.13into the statewide voter registration system. Prior to the mock election, the secretary of
50.14state, in consultation with local election officials, must develop a checklist of items that
50.15should be tested when using electronic rosters that contain data on preregistered voters
50.16and prepare specific instructions to be displayed on the electronic roster to the election
50.17judge for resolving a particular type of challenge when a voter's record is challenged. The
50.18secretary of state may adopt other procedures related to the conduct of the mock election
50.19as necessary to ensure the mock election resembles, to the extent practical, an actual
50.20election conducted according to the Minnesota Election Law.
50.21(b) On or before April 30, 2014, the secretary of state must report the results of the
50.22mock election to the chairs and ranking minority members of the legislative committees
50.23with jurisdiction over elections, including feedback on the process from local elections
50.24officials, and recommendations about the feasibility of using electronic rosters that contain
50.25data on preregistered voters at the 2014 state primary and state general election.

50.26    Sec. 3. ELECTRONIC ROSTER TASK FORCE.
50.27    Subdivision 1. Membership. (a) The Electronic Roster Task Force consists of the
50.28following 15 members:
50.29(1) the director of the Department of Public Safety, Division of Vehicle Services, or
50.30designee;
50.31(2) the secretary of state, or designee;
50.32(3) an individual designated by the secretary of state, from the elections division in
50.33the Office of the Secretary of State;
50.34(4) the chief information officer of the state of Minnesota, or designee;
51.1(5) one county auditor appointed by the Minnesota Association of County Officers;
51.2(6) one town election official appointed by the Minnesota Association of Townships;
51.3(7) one city election official appointed by the League of Minnesota Cities;
51.4(8) one school district election official appointed by the Minnesota School Boards
51.5Association;
51.6(9) one representative appointed by the speaker of the house;
51.7(10) one representative appointed by the minority leader of the house of
51.8representatives;
51.9(11) one senator appointed by the senate majority leader;
51.10(12) one senator appointed by the senate minority leader;
51.11(13) one individual, appointed by the governor, familiar with electronic roster
51.12technology but who does not represent a specific vendor of the technology; and
51.13(14) two election judges appointed by the governor.
51.14(b) Any vacancy shall be filled by appointment of the appointing authority for the
51.15vacating member.
51.16(c) Members shall be appointed by June 1, 2013.
51.17    Subd. 2. Duties. (a) The task force must research the following issues:
51.18(1) electronic roster technology, including different types of electronic rosters;
51.19(2) the ability to use photographs received from the Department of Public Safety,
51.20Division of Driver and Vehicle Services;
51.21(3) the ability to add photographs to the roster on election day;
51.22(4) data security in electronic rosters, the statewide voter registration system, and the
51.23Department of Public Safety, Division of Driver and Vehicle Services;
51.24(5) reliability of Department of Public Safety, Division of Driver and Vehicle
51.25Services data, including the ability to match names and photographs without duplication;
51.26(6) ability of precincts across the state to connect an electronic roster to a secure
51.27network to access the statewide voter registration system; and
51.28(7) direct and indirect costs associated with using electronic rosters.
51.29(b) The task force must prepare a report summarizing its findings and listing
51.30recommendations based on its research. The report shall include suggested legislation if
51.31the task force believes legislation is necessary.
51.32    Subd. 3. First meeting. (a) The secretary of state, or the secretary's designee, must
51.33convene the initial meeting of the task force by July 1, 2013. The members of the task force
51.34must elect a chair and a vice-chair from the members of the task force at the first meeting.
51.35(b) Members of the task force shall be compensated at the rate of $55 a day spent on
51.36task force activities, when authorized by the task force, plus expenses in the same manner
52.1and amount as authorized by the commissioner's plan adopted under Minnesota Statutes,
52.2section 43A.18, subdivision 2. Members who, as a result of time spent attending task force
52.3meetings, incur child care expenses that would not otherwise have been incurred, may
52.4be reimbursed for those expenses upon council or committee authorization. Legislative
52.5members of the task force shall receive compensation pursuant to Minnesota Statutes,
52.6section 3.099, for activities related to the task force. Members who are state employees,
52.7not including legislators, must not receive the daily compensation for activities that occur
52.8during working hours for which they are compensated by the state.
52.9(c) The Legislative Coordinating Commission shall provide staff support, as needed,
52.10to facilitate the task force's work.
52.11    Subd. 4. Report. The task force shall submit its report to the chairs and ranking
52.12minority members of the legislative committees with primary jurisdiction over elections
52.13by February 15, 2014.

52.14    Sec. 4. APPROPRIATION.
52.15(a) $59,000 is appropriated from the general fund to the secretary of state to carry
52.16out the requirements of sections 1 and 2. This is a onetime appropriation.
52.17(b) $8,000 in fiscal year 2014 and $8,000 in fiscal year 2015 are appropriated to the
52.18Legislative Coordinating Commission for the purposes of the task force established in
52.19section 3.

52.20    Sec. 5. EFFECTIVE DATE.
52.21This article is effective the day following final enactment.

52.22ARTICLE 5
52.23VACANCIES IN NOMINATION

52.24    Section 1. Minnesota Statutes 2012, section 204B.13, subdivision 1, is amended to read:
52.25    Subdivision 1. Death or withdrawal Partisan office. (a) A vacancy in nomination
52.26may for a partisan office must be filled in the manner provided by this section. A vacancy
52.27in nomination exists for a partisan office when: (1) a major political party candidate
52.28or nonpartisan candidate who was nominated at a primary dies or files an affidavit of
52.29withdrawal as provided in section 204B.12, subdivision 2a; or (2) a candidate for a
52.30nonpartisan office, for which one or two candidates filed, who has been nominated in
52.31accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1:
52.32(1) dies;
52.33(2) withdraws as provided in section 204B.12, subdivision 1.; or
53.1(3) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at
53.2least one day prior to the general election with the same official who received the affidavit
53.3of candidacy.
53.4(b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that
53.5the candidate has been diagnosed with a catastrophic illness that will permanently and
53.6continuously incapacitate the candidate and prevent the candidate from performing the
53.7duties of the office sought, if elected. The affidavit must be accompanied by a certificate
53.8verifying the candidate's illness meets the requirements of this paragraph, signed by at
53.9least two licensed physicians. The affidavit and certificate may be filed by the candidate
53.10or the candidate's legal guardian.

53.11    Sec. 2. Minnesota Statutes 2012, section 204B.13, subdivision 2, is amended to read:
53.12    Subd. 2. Partisan office; nomination by party; special election. (a) A vacancy in
53.13nomination for partisan office shall be filled as provided in this subdivision. Except as
53.14provided in subdivision 5, a major political party has the authority to may fill a vacancy
53.15in nomination of that party's candidate as defined in subdivision 1, clause (1) or (3), by
53.16filing a one nomination certificate with the same official who received the affidavits of
53.17candidacy for that office.
53.18(b) A major political party may provide in its governing rules a procedure, including
53.19designation of an appropriate committee, to fill vacancies a vacancy in nomination for all
53.20offices elected statewide any federal or state partisan office. The nomination certificate
53.21shall be prepared under the direction of and executed by the chair and secretary of the
53.22political party and filed within seven days after the vacancy in nomination occurs or
53.23before the 14th day before the general election, whichever is sooner. If the vacancy in
53.24nomination occurs through the candidate's death or catastrophic illness, the nomination
53.25certificate must be filed within seven days after the vacancy in nomination occurs but no
53.26later than four days before the general election the timelines established in this section.
53.27 When filing the certificate the chair and secretary when filing the certificate shall attach an
53.28affidavit stating that the newly nominated candidate has been selected under the rules of
53.29the party and that the individuals signing the certificate and making the affidavit are the
53.30chair and secretary of the party.
53.31(b) In the case of a vacancy in nomination for partisan office that occurs on or before
53.32the 79th day before the general election, the major political party must file the nomination
53.33certificate no later than 71 days before the general election. The name of the candidate
53.34nominated by the party must appear on the general election ballot.
54.1(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for
54.2a partisan office that occurs after the 79th day before the general election, the general
54.3election ballot shall remain unchanged, but the county and state canvassing boards must
54.4not certify the vote totals for that office from the general election, and the office must be
54.5filled at a special election held in accordance with this section. Except for the vacancy
54.6in nomination, all other candidates whose names appeared on the general election ballot
54.7for the office must appear on the special election ballot for the office. New affidavits of
54.8candidacy or nominating petitions may not be accepted, and there must not be a primary to
54.9fill the vacancy in nomination. The major political party may file a nomination certificate
54.10as provided in paragraph (a), no later than seven days after the general election. On the
54.11date of the general election, the county auditor or municipal clerk shall post a notice in
54.12each precinct affected by a vacancy in nomination under this paragraph, informing voters
54.13of the reason for the vacancy in nomination and the procedures for filling the vacancy in
54.14nomination and conducting a special election as required by this section.

54.15    Sec. 3. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
54.16to read:
54.17    Subd. 2a. Partisan office; filing period. A vacancy in nomination for a partisan
54.18office due to a withdrawal of a candidate under section 204B.12, subdivision 1, may
54.19be filled in the manner provided in sections 204B.06, 204B.09, and 204B.11, except
54.20that all documents and fees required by those sections must be filed within five days
54.21after the vacancy in nomination occurs. There must be a two-day period for withdrawal
54.22of candidates after the last day for filing.
54.23If there is more than one candidate at the end of the withdrawal period to fill
54.24the vacancy in nomination, the candidates' names must appear on the primary ballot.
54.25Otherwise, the candidate's name must appear on the general election ballot.

54.26    Sec. 4. Minnesota Statutes 2012, section 204B.13, subdivision 5, is amended to read:
54.27    Subd. 5. Candidates for governor and lieutenant governor. (a) If a vacancy in
54.28nomination for a major political party occurs in the race for governor, the political party
54.29must nominate the candidates for both governor and lieutenant governor. If a vacancy
54.30in nomination for a major political party occurs in the race for lieutenant governor,
54.31 the candidate for governor determined under this section shall select the candidate for
54.32lieutenant governor. If a vacancy in nomination occurs in the race for lieutenant governor,
54.33due to a vacancy in nomination for governor or due to the withdrawal or death of the
55.1candidate for lieutenant governor, the candidate for governor shall select the candidate for
55.2lieutenant governor as provided in this subdivision.
55.3(b) For a vacancy in nomination for lieutenant governor that occurs on or before the
55.416th 79th day before the general election, the name of the lieutenant governor candidate
55.5must be submitted by the governor candidate to the filing officer within seven days after
55.6the vacancy occurs, or before the 14th day before the general election, whichever is sooner
55.7 no later than 71 days before the general election. If the vacancy in nomination occurs
55.8through the death or catastrophic illness of the candidate for lieutenant governor occurs
55.9after the 79th day before the general election, the candidate for governor shall submit the
55.10name of the new lieutenant governor candidate to the secretary of state within seven days
55.11after the vacancy in nomination occurs but no later than four days before the general
55.12election. If the vacancy in nomination occurs through the death or catastrophic illness
55.13of the candidate for governor, the new candidate for governor shall submit the name of
55.14the lieutenant governor candidate within seven days after the vacancy in nomination for
55.15governor is filled under section 204B.13, subdivision 2, but no later than four days before
55.16the general election. occurs, but no changes may be made to the general election ballots.

55.17    Sec. 5. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
55.18to read:
55.19    Subd. 7. Date of special election. If a special election is required under this section,
55.20the governor shall issue a writ calling for a special election to be conducted on the second
55.21Tuesday in February of the year following the year the vacancy in nomination occurred.
55.22Except where otherwise provided in this section, the writ shall be issued and the special
55.23election conducted according to the requirements of sections 204D.22 to 204D.27.

55.24    Sec. 6. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
55.25to read:
55.26    Subd. 8. Absentee voters. At least 46 days, but no more than 50 days, before a
55.27special election conducted under this section, the county auditor shall transmit an absentee
55.28ballot for the special election to each applicant for an absentee ballot whose application
55.29for an absentee ballot for the preceding general election was recorded under section
55.30203B.04 or 203B.17. New applicants for an absentee ballot may be provided a ballot
55.31in the manner specified in chapter 203B.

55.32    Sec. 7. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
55.33to read:
56.1    Subd. 9. Appropriation. In the case of a statewide special election under this
56.2section, the amount necessary is appropriated to the secretary of state to cover costs
56.3incurred by the state, county, and municipal governments to conduct the special election.

56.4    Sec. 8. [204B.131] VACANCY IN NOMINATION; NONPARTISAN OFFICE.
56.5    Subdivision 1. Applicability. A vacancy in nomination for a nonpartisan office
56.6must be filled in the manner provided by this section. A vacancy in nomination for a
56.7nonpartisan office exists when:
56.8(1) a candidate for any nonpartisan office, for which one or two candidates filed,
56.9withdraws as provided in section 204B.12, subdivision 1; or
56.10(2) a candidate for any nonjudicial nonpartisan office, for which only one or two
56.11candidates filed or who was nominated at a primary, dies more than 79 days before the
56.12date of the general election.
56.13    Subd. 2. Procedure for filling vacancy. A vacancy in nomination for a nonpartisan
56.14office may be filled by filing an affidavit of candidacy and paying a filing fee, or by filing
56.15an affidavit of candidacy and filing a petition in place of a filing fee, in the manner
56.16provided in sections 204B.06, 204B.09, and 204B.11. All documents and fees required by
56.17this subdivision must be filed within five days after the vacancy in nomination occurs.
56.18There must be a two-day period for withdrawal of candidates after the last day for filing.
56.19If the vacancy in nomination resulted from a withdrawal during the withdrawal
56.20period held on the 68th to 69th day before the primary, and if, at the end of the withdrawal
56.21period to fill the vacancy in nomination, there are more than two candidates, the
56.22candidates' names must appear on the primary ballot. In all other cases, the candidates'
56.23names must appear on the general election ballot.
56.24EFFECTIVE DATE.This section is effective the day following final enactment.

56.25    Sec. 9. Minnesota Statutes 2012, section 204D.19, is amended by adding a subdivision
56.26to read:
56.27    Subd. 6. Writ when vacancy results from vacancy in nomination. If a vacancy in
56.28office is due to a vacancy in nomination under section 204B.13, the governor shall issue a
56.29writ in the manner provided in that section.

56.30    Sec. 10. REPEALER.
56.31(a) Minnesota Statutes 2012, sections 204B.12, subdivision 2a; and 204B.13,
56.32subdivision 6, are repealed.
56.33(b) Minnesota Statutes 2012, section 204B.13, subdivision 4, is repealed.

57.1    Sec. 11. EFFECTIVE DATE.
57.2This article is effective the day following final enactment.

57.3ARTICLE 6
57.4COUNTY GOVERNMENT STRUCTURE

57.5    Section 1. KANDIYOHI COUNTY AUDITOR-TREASURER AND RECORDER
57.6MAY BE APPOINTED.
57.7    Subdivision 1. Authorization to make office appointive. Notwithstanding
57.8Minnesota Statutes, section 382.01, upon adoption of a resolution by the Kandiyohi
57.9County Board of Commissioners, the offices of county auditor-treasurer and county
57.10recorder are not elective but must be filled by appointment by the county board as
57.11provided in the resolution.
57.12    Subd. 2. Board controls; may change as long as duties done. Upon adoption of
57.13a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
57.14the duties of an elected official required by statute whose office is made appointive as
57.15authorized by this section must be discharged by the county board of commissioners
57.16acting through a department head appointed by the board for that purpose. Reorganization,
57.17reallocation, delegation, or other administrative change or transfer does not diminish,
57.18prohibit, or avoid the discharge of duties required by statute.
57.19    Subd. 3. Incumbents to complete term. The person elected at the last general
57.20election to an office made appointive under this section must serve in that capacity and
57.21perform the duties, functions, and responsibilities required by statute until the completion
57.22of the term of office to which the person was elected or until a vacancy occurs in the
57.23office, whichever occurs earlier.
57.24    Subd. 4. Publishing resolution; petition; referendum. (a) Before the adoption
57.25of a resolution to provide for the appointment of the county auditor-treasurer and the
57.26county recorder, the county board must publish a proposed resolution notifying the
57.27public of its intent to consider the issue once each week for two consecutive weeks in the
57.28official publication of the county. Following publication and prior to formally adopting
57.29the resolution, the county board shall provide an opportunity at its next regular meeting
57.30for public comment relating to the issue. After the public comment opportunity, at the
57.31same meeting or a subsequent meeting, the county board of commissioners may adopt
57.32a resolution that provides for the appointment of the county auditor-treasurer and the
57.33county recorder as permitted in this section. The resolution must be approved by at least
57.3480 percent of the members of the county board. The resolution may take effect 60 days
58.1after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
58.2provided in paragraph (b).
58.3(b) Within 60 days after the county board adopts the resolution, a petition requesting
58.4a referendum may be filed with the county auditor-treasurer. The petition must be signed
58.5by at least ten percent of the registered voters of the county. The petition must meet
58.6the requirements of the secretary of state, as provided in Minnesota Statutes, section
58.7204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
58.8question of appointing the county auditor-treasurer and recorder must be placed on the
58.9ballot at a regular or special election. If a majority of the voters of the county voting on
58.10the question vote in favor of appointment, the resolution may be implemented.
58.11    Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
58.12to provide for the election of an office made an appointed position under this section, but
58.13not until at least three years after the office was made an appointed position. The county
58.14board must publish a proposed resolution notifying the public of its intent to consider the
58.15issue once each week for two consecutive weeks in the official publication of the county.
58.16Following publication and before formally adopting the resolution, the county board must
58.17provide an opportunity at its next regular meeting for public comment relating to the
58.18issue. After the public comment hearing, the county board may adopt the resolution. The
58.19resolution must be approved by at least 60 percent of the members of the county board and
58.20is effective August 1 following adoption of the resolution.
58.21(b) The question of whether an office made an appointed position under this section
58.22must be made an elected office must be placed on the ballot at the next general election if:
58.23(1) the position has been an appointed position for at least three years;
58.24(2) a petition signed by at least ten percent of the registered voters of the county
58.25is filed with the office of the county auditor-treasurer by August 1 of the year in which
58.26the general election is held; and
58.27(3) the petition meets the requirements of the secretary of state, as provided in
58.28Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
58.29If a majority of the voters of the county voting on the question vote in favor of making
58.30the office an elected position, the election for the office must be held at the next regular
58.31or special election.
58.32EFFECTIVE DATE.This section is effective the day after the Kandiyohi County
58.33Board of Commissioners and its chief clerical officer timely complete their compliance
58.34with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

59.1    Sec. 2. LAKE COUNTY AUDITOR-TREASURER AND RECORDER MAY
59.2BE APPOINTED.
59.3    Subdivision 1. Authorization to make office appointive. Notwithstanding
59.4Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lake County
59.5Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
59.6elective but must be filled by appointment by the county board as provided in the resolution.
59.7    Subd. 2. Board controls; may change as long as duties done. Upon adoption of
59.8a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
59.9the duties of an elected official required by statute whose office is made appointive as
59.10authorized by this section must be discharged by the county board of commissioners
59.11acting through a department head appointed by the board for that purpose. Reorganization,
59.12reallocation, delegation, or other administrative change or transfer does not diminish,
59.13prohibit, or avoid the discharge of duties required by statute.
59.14    Subd. 3. Incumbents to complete term. The person elected at the last general
59.15election to an office made appointive under this section must serve in that capacity and
59.16perform the duties, functions, and responsibilities required by statute until the completion
59.17of the term of office to which the person was elected or until a vacancy occurs in the
59.18office, whichever occurs earlier.
59.19    Subd. 4. Publishing resolution; petition; referendum. (a) Before the adoption
59.20of a resolution to provide for the appointment of the county auditor-treasurer and the
59.21county recorder, the county board must publish a proposed resolution notifying the
59.22public of its intent to consider the issue once each week for two consecutive weeks in the
59.23official publication of the county. Following publication and prior to formally adopting
59.24the resolution, the county board shall provide an opportunity at its next regular meeting
59.25for public comment relating to the issue. After the public comment opportunity, at the
59.26same meeting or a subsequent meeting, the county board of commissioners may adopt
59.27a resolution that provides for the appointment of the county auditor-treasurer and the
59.28county recorder as permitted in this section. The resolution must be approved by at least
59.2980 percent of the members of the county board. The resolution may take effect 60 days
59.30after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
59.31provided in paragraph (b).
59.32(b) Within 60 days after the county board adopts the resolution, a petition requesting
59.33a referendum may be filed with the county auditor-treasurer. The petition must be signed
59.34by at least ten percent of the registered voters of the county. The petition must meet
59.35the requirements of the secretary of state, as provided in Minnesota Statutes, section
59.36204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
60.1question of appointing the county auditor-treasurer and recorder must be placed on the
60.2ballot at a regular or special election. If a majority of the voters of the county voting on
60.3the question vote in favor of appointment, the resolution may be implemented.
60.4    Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
60.5to provide for the election of an office made an appointed position under this section, but
60.6not until at least three years after the office was made an appointed position. The county
60.7board must publish a proposed resolution notifying the public of its intent to consider the
60.8issue once each week for two consecutive weeks in the official publication of the county.
60.9Following publication and before formally adopting the resolution, the county board must
60.10provide an opportunity at its next regular meeting for public comment relating to the
60.11issue. After the public comment hearing, the county board may adopt the resolution. The
60.12resolution must be approved by at least 60 percent of the members of the county board and
60.13is effective August 1 following adoption of the resolution.
60.14(b) The question of whether an office made an appointed position under this section
60.15must be made an elected office must be placed on the ballot at the next general election if:
60.16(1) the position has been an appointed position for at least three years;
60.17(2) a petition signed by at least ten percent of the registered voters of the county
60.18is filed with the office of the county auditor-treasurer by August 1 of the year in which
60.19the general election is held; and
60.20(3) the petition meets the requirements of the secretary of state, as provided in
60.21Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
60.22If a majority of the voters of the county voting on the question vote in favor of making
60.23the office an elected position, the election for the office must be held at the next regular
60.24or special election.
60.25EFFECTIVE DATE.This section is effective the day after the Lake County Board
60.26of Commissioners and its chief clerical officer timely complete their compliance with
60.27Minnesota Statutes, section 645.021, subdivisions 2 and 3.

60.28    Sec. 3. CLAY COUNTY AUDITOR-TREASURER AND RECORDER MAY
60.29BE APPOINTED.
60.30    Subdivision 1. Authorization to make office appointive. Notwithstanding
60.31Minnesota Statutes, section 382.01, upon adoption of a resolution by the Clay County
60.32Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
60.33elective but must be filled by appointment by the county board as provided in the resolution.
60.34    Subd. 2. Board controls; may change as long as duties done. Upon adoption of
60.35a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
61.1the duties of an elected official required by statute whose office is made appointive as
61.2authorized by this section must be discharged by the county board of commissioners
61.3acting through a department head appointed by the board for that purpose. Reorganization,
61.4reallocation, delegation, or other administrative change or transfer does not diminish,
61.5prohibit, or avoid the discharge of duties required by statute.
61.6    Subd. 3. Incumbents to complete term. The person elected at the last general
61.7election to an office made appointive under this section must serve in that capacity and
61.8perform the duties, functions, and responsibilities required by statute until the completion
61.9of the term of office to which the person was elected or until a vacancy occurs in the
61.10office, whichever occurs earlier.
61.11    Subd. 4. Publishing resolution; petition; referendum. (a) Before the adoption
61.12of a resolution to provide for the appointment of the county auditor-treasurer and the
61.13county recorder, the county board must publish a proposed resolution notifying the
61.14public of its intent to consider the issue once each week for two consecutive weeks in the
61.15official publication of the county. Following publication and prior to formally adopting
61.16the resolution, the county board shall provide an opportunity at its next regular meeting
61.17for public comment relating to the issue. After the public comment opportunity, at the
61.18same meeting or a subsequent meeting, the county board of commissioners may adopt
61.19a resolution that provides for the appointment of the county auditor-treasurer and the
61.20county recorder as permitted in this section. The resolution must be approved by at least
61.2180 percent of the members of the county board. The resolution may take effect 60 days
61.22after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
61.23provided in paragraph (b).
61.24(b) Within 60 days after the county board adopts the resolution, a petition requesting
61.25a referendum may be filed with the county auditor-treasurer. The petition must be signed
61.26by at least ten percent of the registered voters of the county. The petition must meet
61.27the requirements of the secretary of state, as provided in Minnesota Statutes, section
61.28204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
61.29question of appointing the county auditor-treasurer and recorder must be placed on the
61.30ballot at a regular or special election. If a majority of the voters of the county voting on
61.31the question vote in favor of appointment, the resolution may be implemented.
61.32    Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
61.33to provide for the election of an office made an appointed position under this section, but
61.34not until at least three years after the office was made an appointed position. The county
61.35board must publish a proposed resolution notifying the public of its intent to consider the
61.36issue once each week for two consecutive weeks in the official publication of the county.
62.1Following publication and before formally adopting the resolution, the county board must
62.2provide an opportunity at its next regular meeting for public comment relating to the
62.3issue. After the public comment hearing, the county board may adopt the resolution. The
62.4resolution must be approved by at least 60 percent of the members of the county board and
62.5is effective August 1 following adoption of the resolution.
62.6(b) The question of whether an office made an appointed position under this section
62.7must be made an elected office must be placed on the ballot at the next general election if:
62.8(1) the position has been an appointed position for at least three years;
62.9(2) a petition signed by at least ten percent of the registered voters of the county
62.10is filed with the office of the county auditor-treasurer by August 1 of the year in which
62.11the general election is held; and
62.12(3) the petition meets the requirements of the secretary of state, as provided in
62.13Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
62.14If a majority of the voters of the county voting on the question vote in favor of making
62.15the office an elected position, the election for the office must be held at the next regular
62.16or special election.
62.17EFFECTIVE DATE.This section is effective the day after the Clay County Board
62.18of Commissioners and its chief clerical officer timely complete their compliance with
62.19Minnesota Statutes, section 645.021, subdivisions 2 and 3.

62.20    Sec. 4. JACKSON COUNTY AUDITOR-TREASURER MAY BE APPOINTED.
62.21    Subdivision 1. Authorization to make office appointive. Notwithstanding
62.22Minnesota Statutes, section 382.01, upon adoption of a resolution by the Jackson County
62.23Board of Commissioners, the office of county auditor-treasurer is not elective but must be
62.24filled by appointment by the county board as provided in the resolution.
62.25    Subd. 2. Board controls; may change as long as duties done. Upon adoption of
62.26a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
62.27the duties of an elected official required by statute whose office is made appointive as
62.28authorized by this section must be discharged by the county board of commissioners
62.29acting through a department head appointed by the board for that purpose. Reorganization,
62.30reallocation, delegation, or other administrative change or transfer does not diminish,
62.31prohibit, or avoid the discharge of duties required by statute.
62.32    Subd. 3. Incumbents to complete term. The person elected at the last general
62.33election to an office made appointive under this section must serve in that capacity and
62.34perform the duties, functions, and responsibilities required by statute until the completion
63.1of the term of office to which the person was elected or until a vacancy occurs in the
63.2office, whichever occurs earlier.
63.3    Subd. 4. Publishing resolution; petition; referendum. (a) Before the adoption
63.4of a resolution to provide for the appointment of the county auditor-treasurer, the county
63.5board must publish a proposed resolution notifying the public of its intent to consider the
63.6issue once each week for two consecutive weeks in the official publication of the county.
63.7Following publication and prior to formally adopting the resolution, the county board shall
63.8provide an opportunity at its next regular meeting for public comment relating to the issue.
63.9After the public comment opportunity, at the same meeting or a subsequent meeting, the
63.10county board of commissioners may adopt a resolution that provides for the appointment
63.11of the county auditor-treasurer as permitted in this section. The resolution must be
63.12approved by at least 80 percent of the members of the county board. The resolution may
63.13take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a
63.14petition is filed as provided in paragraph (b).
63.15(b) Within 60 days after the county board adopts the resolution, a petition requesting
63.16a referendum may be filed with the county auditor-treasurer. The petition must be signed
63.17by at least ten percent of the registered voters of the county. The petition must meet
63.18the requirements of the secretary of state, as provided in Minnesota Statutes, section
63.19204B.071, and any rules adopted to implement that section. If the petition is sufficient,
63.20the question of appointing the county auditor-treasurer must be placed on the ballot at a
63.21regular or special election. If a majority of the voters of the county voting on the question
63.22vote in favor of appointment, the resolution may be implemented.
63.23    Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
63.24to provide for the election of an office made an appointed position under this section, but
63.25not until at least three years after the office was made an appointed position. The county
63.26board must publish a proposed resolution notifying the public of its intent to consider the
63.27issue once each week for two consecutive weeks in the official publication of the county.
63.28Following publication and before formally adopting the resolution, the county board must
63.29provide an opportunity at its next regular meeting for public comment relating to the
63.30issue. After the public comment hearing, the county board may adopt the resolution. The
63.31resolution must be approved by at least 60 percent of the members of the county board and
63.32is effective August 1 following adoption of the resolution.
63.33(b) The question of whether an office made an appointed position under this section
63.34must be made an elected office must be placed on the ballot at the next general election if:
63.35(1) the position has been an appointed position for at least three years;
64.1(2) a petition signed by at least ten percent of the registered voters of the county
64.2is filed with the office of the county auditor-treasurer by August 1 of the year in which
64.3the general election is held; and
64.4(3) the petition meets the requirements of the secretary of state, as provided in
64.5Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
64.6If a majority of the voters of the county voting on the question vote in favor of making
64.7the office an elected position, the election for the office must be held at the next regular
64.8or special election.
64.9EFFECTIVE DATE.This section is effective the day after the Jackson County
64.10Board of Commissioners and its chief clerical officer timely complete their compliance
64.11with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

64.12    Sec. 5. LYON COUNTY AUDITOR-TREASURER AND RECORDER MAY
64.13BE APPOINTED.
64.14    Subdivision 1. Authorization to make office appointive. Notwithstanding
64.15Minnesota Statutes, section 382.01, upon adoption of a resolution by the Lyon County
64.16Board of Commissioners, the offices of county auditor-treasurer and county recorder are not
64.17elective but must be filled by appointment by the county board as provided in the resolution.
64.18    Subd. 2. Board controls; may change as long as duties done. Upon adoption of
64.19a resolution by the county board of commissioners and subject to subdivisions 3 and 4,
64.20the duties of an elected official required by statute whose office is made appointive as
64.21authorized by this section must be discharged by the county board of commissioners
64.22acting through a department head appointed by the board for that purpose. Reorganization,
64.23reallocation, delegation, or other administrative change or transfer does not diminish,
64.24prohibit, or avoid the discharge of duties required by statute.
64.25    Subd. 3. Incumbents to complete term. The person elected at the last general
64.26election to an office made appointive under this section must serve in that capacity and
64.27perform the duties, functions, and responsibilities required by statute until the completion
64.28of the term of office to which the person was elected or until a vacancy occurs in the
64.29office, whichever occurs earlier.
64.30    Subd. 4. Publishing resolution; petition; referendum. (a) Before the adoption
64.31of a resolution to provide for the appointment of the county auditor-treasurer and the
64.32county recorder, the county board must publish a proposed resolution notifying the
64.33public of its intent to consider the issue once each week for two consecutive weeks in the
64.34official publication of the county. Following publication and prior to formally adopting
64.35the resolution, the county board shall provide an opportunity at its next regular meeting
65.1for public comment relating to the issue. After the public comment opportunity, at the
65.2same meeting or a subsequent meeting, the county board of commissioners may adopt
65.3a resolution that provides for the appointment of the county auditor-treasurer and the
65.4county recorder as permitted in this section. The resolution must be approved by at least
65.580 percent of the members of the county board. The resolution may take effect 60 days
65.6after it is adopted, or at a later date stated in the resolution, unless a petition is filed as
65.7provided in paragraph (b).
65.8(b) Within 60 days after the county board adopts the resolution, a petition requesting
65.9a referendum may be filed with the county auditor-treasurer. The petition must be signed
65.10by at least ten percent of the registered voters of the county. The petition must meet
65.11the requirements of the secretary of state, as provided in Minnesota Statutes, section
65.12204B.071, and any rules adopted to implement that section. If the petition is sufficient, the
65.13question of appointing the county auditor-treasurer and recorder must be placed on the
65.14ballot at a regular or special election. If a majority of the voters of the county voting on
65.15the question vote in favor of appointment, the resolution may be implemented.
65.16    Subd. 5. Reverting to elected offices. (a) The county board may adopt a resolution
65.17to provide for the election of an office made an appointed position under this section, but
65.18not until at least three years after the office was made an appointed position. The county
65.19board must publish a proposed resolution notifying the public of its intent to consider the
65.20issue once each week for two consecutive weeks in the official publication of the county.
65.21Following publication and before formally adopting the resolution, the county board must
65.22provide an opportunity at its next regular meeting for public comment relating to the
65.23issue. After the public comment hearing, the county board may adopt the resolution. The
65.24resolution must be approved by at least 60 percent of the members of the county board and
65.25is effective August 1 following adoption of the resolution.
65.26(b) The question of whether an office made an appointed position under this section
65.27must be made an elected office must be placed on the ballot at the next general election if:
65.28(1) the position has been an appointed position for at least three years;
65.29(2) a petition signed by at least ten percent of the registered voters of the county
65.30is filed with the office of the county auditor-treasurer by August 1 of the year in which
65.31the general election is held; and
65.32(3) the petition meets the requirements of the secretary of state, as provided in
65.33Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.
65.34If a majority of the voters of the county voting on the question vote in favor of making
65.35the office an elected position, the election for the office must be held at the next regular
65.36or special election.
66.1EFFECTIVE DATE.This section is effective the day after the Lyon County Board
66.2of Commissioners and its chief clerical officer timely complete their compliance with
66.3Minnesota Statutes, section 645.021, subdivisions 2 and 3.

66.4ARTICLE 7
66.5NATIONAL POPULAR VOTE; INTERSTATE COMPACT

66.6    Section 1. [208.051] AGREEMENT AMONG THE STATES TO ELECT THE
66.7PRESIDENT BY NATIONAL POPULAR VOTE.
66.8The Agreement Among the States to Elect the President by National Popular Vote is
66.9enacted into law and entered into with all other states legally joining in it in substantially
66.10the following form:
66.11Article I - Membership
66.12Any state of the United States and the District of Columbia may become a member
66.13of this agreement by enacting this agreement.
66.14Article II - Right of the People in Member States to
66.15Vote for President and Vice President
66.16Each member state shall conduct a statewide popular election for president and
66.17vice president of the United States.
66.18Article III - Manner of Appointing Presidential Electors in Member States
66.19Prior to the time set by law for the meeting and voting by the presidential electors,
66.20the chief election official of each member state shall determine the number of votes for
66.21each presidential slate in each state of the United States and in the District of Columbia
66.22in which votes have been cast in a statewide popular election and shall add such votes
66.23together to produce a "national popular vote total" for each presidential slate. The chief
66.24election official of each member state shall designate the presidential slate with the largest
66.25national popular vote total as the "national popular vote winner." The presidential elector
66.26certifying official of each member state shall certify the appointment in that official's own
66.27state of the elector slate nominated in that state in association with the national popular
66.28vote winner. At least six days before the day fixed by law for the meeting and voting by the
66.29presidential electors, each member state shall make a final determination of the number of
66.30popular votes cast in the state for each presidential slate and shall communicate an official
66.31statement of such determination within 24 hours to the chief election official of each other
66.32member state. The chief election official of each member state shall treat as conclusive an
66.33official statement containing the number of popular votes in a state for each presidential
66.34slate made by the day established by federal law for making a state's final determination
66.35conclusive as to the counting of electoral votes by Congress. In event of a tie for the
67.1national popular vote winner, the presidential elector certifying official of each member
67.2state shall certify the appointment of the elector slate nominated in association with the
67.3presidential slate receiving the largest number of popular votes within that official's own
67.4state. If, for any reason, the number of presidential electors nominated in a member state
67.5in association with the national popular vote winner is less than or greater than that state's
67.6number of electoral votes, the presidential candidate on the presidential slate that has been
67.7designated as the national popular vote winner shall have the power to nominate the
67.8presidential electors for that state and that state's presidential elector certifying official
67.9shall certify the appointment of such nominees. The chief election official of each member
67.10state shall immediately release to the public all vote counts or statements of votes as they
67.11are determined or obtained. This article shall govern the appointment of presidential
67.12electors in each member state in any year in which this agreement is, on July 20, in effect
67.13in states cumulatively possessing a majority of the electoral votes.
67.14Article IV - Other Provisions
67.15This agreement shall take effect when states cumulatively possessing a majority of
67.16the electoral votes have enacted this agreement in substantially the same form and the
67.17enactments by such states have taken effect in each state. Any member state may withdraw
67.18from this agreement, except that a withdrawal occurring six months or less before the end
67.19of a president's term shall not become effective until a president or vice president shall
67.20have been qualified to serve the next term. The chief executive of each member state shall
67.21promptly notify the chief executive of all other states of when this agreement has been
67.22enacted and has taken effect in that official's state, when the state has withdrawn from this
67.23agreement, and when this agreement takes effect generally. This agreement shall terminate
67.24if the electoral college is abolished. If any provision of this agreement is held invalid, the
67.25remaining provisions shall not be affected.
67.26Article V - Definitions
67.27For purposes of this agreement,
67.28"chief executive" means the governor of a state of the United States or the mayor of
67.29the District of Columbia;
67.30"elector slate" means a slate of candidates who have been nominated in a state for
67.31the position of presidential elector in association with a presidential slate;
67.32"chief election official" means the state official or body that is authorized to certify
67.33the total number of popular votes for each presidential slate;
67.34"presidential elector" means an elector for president and vice president of the
67.35United States;
68.1"presidential elector certifying official" means the state official or body that is
68.2authorized to certify the appointment of the state's presidential electors;
68.3"presidential slate" means a slate of two persons, the first of whom has been
68.4nominated as a candidate for president of the United States and the second of whom
68.5has been nominated as a candidate for vice president of the United States, or any legal
68.6successors to such persons, regardless of whether both names appear on the ballot
68.7presented to the voter in a particular state;
68.8"state" means a state of the United States and the District of Columbia; and
68.9"statewide popular election" means a general election in which votes are cast for
68.10presidential slates by individual voters and counted on a statewide basis.

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