Minnesota Legislature
HF 978
as introduced - 87th Legislature (2011 - 2012) Posted on 03/09/2011 09:43am
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A bill for an act
relating to elections; modifying certain election administration and districting
procedures; amending Minnesota Statutes 2010, sections 203B.085; 204B.135,
subdivision 1; 204B.14, subdivisions 2, 3; 204B.44; 204B.45, subdivision 2;
204C.06, subdivision 2; 375.025, subdivisions 2, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 203B.085, is amended to read:
203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
The county auditor's office in each county and the clerk's office in each city or
town authorized under section 203B.05 to administer absentee balloting must be open for
acceptance of absentee ballot applications and casting of absentee ballots from 10:00 a.m.
to 3:00 p.m. on new text begin the new text end Saturday deleted text begin and until 5:00 p.m. on the daydeleted text end immediately preceding a
primary, special, or general election deleted text begin unless that day falls on a Saturday or Sundaydeleted text end . Town
clerks' offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the
Saturday before a town general election held in March. The school district clerk, when
performing the county auditor's election duties, need not comply with this section.
Sec. 2.
Minnesota Statutes 2010, section 204B.135, subdivision 1, is amended to read:
Subdivision 1.
Cities with wards.
Except as provided in this subdivision, a city that
elects its council members by wards may not redistrict those wards before the legislature
has been redistricted deleted text begin in a year ending in one or twodeleted text end . The wards must be redistricted within
60 days after the legislature has been redistricted or at least 19 weeks before the state
primary election in the year ending in two, whichever is first.
In a citynew text begin of the first classnew text end electing council members by wards in a year ending in
one, the ward boundaries deleted text begin mustdeleted text end new text begin maynew text end be reestablished no later than 14 days before the first
day to file affidavits of candidacy for city council members. The ward boundaries may
be modified after the legislature has been redistricted for the purpose of establishing
precinct boundaries as provided in section 204B.14, subdivision 3, but no modification
in ward boundaries may result in a change of the population of any ward of more than
five percent, plus or minus.
Sec. 3.
Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:
Subd. 2.
Separate precincts; combined polling place.
(a) The following shall
constitute at least one election precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling place may be established no later than
May 1 of any year:
(1) for any city of the third or fourth class, any town, or any city having territory in
more than one county, in which all the voters of the city or town shall cast their ballots;
(2) for deleted text begin twodeleted text end contiguous precincts in the same municipality deleted text begin that have a combined
total of fewer than 500 registered votersdeleted text end ;
(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
(4) for noncontiguous precincts located in one or more counties.
A copy of the ordinance or resolution establishing a combined polling place must
be filed with the county auditor within 30 days after approval by the governing body. A
polling place combined under clause (3) must be approved by the governing body of each
participating municipality. A polling place combined under clause (4) must be approved
by the governing body of each participating municipality and the secretary of state and
may be located outside any of the noncontiguous precincts. A municipality withdrawing
from participation in a combined polling place must do so by filing a resolution of
withdrawal with the county auditor no later than April 1 of any year.
The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place. A single set of election judges may be appointed
to serve at a combined polling place. The number of election judges required must be
based on the total number of persons voting at the last similar election in all precincts to
be voting at the combined polling place. Separate ballot boxes must be provided for the
ballots from each precinct. The results of the election must be reported separately for each
precinct served by the combined polling place, except in a polling place established under
clause (2) where one of the precincts has fewer than ten registered voters, in which case the
results of that precinct must be reported in the manner specified by the secretary of state.
Sec. 4.
Minnesota Statutes 2010, section 204B.14, subdivision 3, is amended to read:
Subd. 3.
Boundary changes; prohibitions; exception.
Notwithstanding other
law or charter provisions to the contrary, during the period from January 1 in any year
ending in zero to the time when the legislature has been redistricted in a year ending in
one or two, no changes may be made in the boundaries of any election precinct except
as provided in this subdivision.
(a) If a city annexes an unincorporated area located in the same county as the city
and adjacent to the corporate boundary, the annexed area may be included in an election
precinct immediately adjacent to it.
(b) A municipality or county may establish new election precincts lying entirely
within the boundaries of any existing precinct and shall assign names to the new precincts
which include the name of the former precinct.
(c) Precinct boundaries in a citynew text begin of the first classnew text end electing council members by wards
may be reestablished within four weeks of the adoption of ward boundaries in a year
ending in one, as provided in section 204B.135, subdivision 1.
(d) Precinct boundaries must be reestablished within 60 days of the time when the
legislature has been redistricted, or at least 19 weeks before the state primary election
in a year ending in two, whichever comes first. The adoption of reestablished precinct
boundaries becomes effective on the date of the state primary election in the year ending
in two.
Precincts must be arranged so that no precinct lies in more than one legislative
or congressional district.
Sec. 5.
Minnesota Statutes 2010, section 204B.44, is amended to read:
204B.44 ERRORS AND OMISSIONS; REMEDY.
new text begin (a) new text end Any individual may file a petition in the manner provided in this section for
the correction of any of the following errors, omissions, or wrongful acts which have
occurred or are about to occur:
deleted text begin (a)deleted text end new text begin (1)new text end an error or omission in the placement or printing of the name or description of
any candidate or any question on any official ballot;
deleted text begin (b)deleted text end new text begin (2)new text end any other error in preparing or printing any official ballot;
deleted text begin (c)deleted text end new text begin (3)new text end failure of the chair or secretary of the proper committee of a major political
party to execute or file a certificate of nomination;new text begin or
new text end
deleted text begin (d)deleted text end new text begin (4)new text end any wrongful act, omission, or error of any election judge, municipal clerk,
county auditor, canvassing board or any of its members, the secretary of state, or any other
individual charged with any duty concerning an election.
new text begin (b) new text end The petition shall describe the error, omission, or wrongful act and the correction
sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in
the case of an election for state or federal office or any judge of the district court in that
county in the case of an election for county, municipal, or school district office. The
petitioner shall serve a copy of the petition on the officer, board or individual charged with
the error, omission, or wrongful act, and on any other party as required by the court.
new text begin (c)new text end new text begin (1) new text end Upon receipt of deleted text begin thedeleted text end new text begin anew text end petition the court shall immediately set a time for a
hearing on the matter and order the officer, board or individual charged with the error,
omission or wrongful act to correct the error or wrongful act or perform the duty or show
cause for not doing so. The court shall issue its findings and a final order for appropriate
relief as soon as possible after the hearing.
new text begin
(2) For petitions filed prior to an election where the alleged error, omission, or
wrongful act relates to the placement or printing of the name or description of a candidate
or a question on the official ballot, the officer responsible for printing the ballots must
inform the court of the date by which the ballots must be finally printed to comply with
other requirements of law related to the administration of the election. To the extent
practicable, the court must expedite issuance of a final order for appropriate relief on these
petitions to ensure timely printing of the official ballots.
new text end
new text begin (d) new text end Failure to obey deleted text begin thedeleted text end new text begin annew text end ordernew text begin issued under this sectionnew text end is contempt of court.
Sec. 6.
Minnesota Statutes 2010, section 204B.45, subdivision 2, is amended to read:
Subd. 2.
Procedure.
Notice of the election and the special mail procedure must
be given at least six weeks prior to the election. Not more than 46 days nor later than
14 days before a regularly scheduled election for federal, state, county, city, or school
board office or a special election for federal office and not more than 30 days nor later
than 14 days before any other election, the auditor shall mail ballots by nonforwardable
mail to all voters registered in the town or unorganized territory. No later than 14 days
before the election, the auditor must make a subsequent mailing of ballots to those voters
who register to vote after the initial mailing but before the 20th day before the election.
Eligible voters not registered at the time the ballots are mailed may apply for ballots as
provided in chapter 203B. Ballot return envelopes, with return postage provided, must
be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in
person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board
to examine the return envelopes and mark them "accepted" or "rejected" within three
days of receipt if there are 14 or fewer days before election day, or within five days of
receipt if there are more than 14 days before election day. The board may consist of staff
trained as election judges. Election judges performing the duties in this section must be
of different major political parties, unless they are exempt from that requirement under
section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at
least five days before the election, the ballots in the envelope must remain sealed and the
auditor or clerk shall provide the voter with a replacement ballot and return envelope in
place of the spoiled ballot. If the ballot is rejected within five days of the election, the
envelope must remain sealed and the official in charge of the ballot board must attempt to
contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
rejected. The official must document the attempts made to contact the voter.
If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. After the close of business
on the fourth day before the election, the ballots from return envelopes marked "Accepted"
may be opened, duplicated as needed in the manner provided by section 206.86,
subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.
new text begin One ballot board may accept and reject both mail ballots and absentee ballots for
a precinct. The mail and absentee ballots for a precinct must be counted together and
reported as one vote total. new text end No vote totals from mail or absentee ballots may be made
public before the close of voting on election day.
The costs of the mailing shall be paid by the election jurisdiction in which the voter
resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
Sec. 7.
Minnesota Statutes 2010, section 204C.06, subdivision 2, is amended to read:
Subd. 2.
Individuals allowed in polling place; identification.
(a) Representatives
of the secretary of state's office, the county auditor's office, and the municipal or school
district clerk's office may be present at the polling place to observe election procedures.
Except for these representatives, election judges, sergeants-at-arms, and challengers, an
individual may remain inside the polling place during voting hours only while voting or
registering to vote, providing proof of residence for an individual who is registering to
vote, or assisting a disabled voter or a voter who is unable to read English. During voting
hours no one except individuals receiving, marking, or depositing ballots shall approach
within six feet of a voting boothnew text begin , ballot counter, or electronic voting equipmentnew text end , unless
lawfully authorized to do so by an election judgenew text begin or the individual is an election judge
monitoring the operation of the ballot counter or electronic voting equipmentnew text end .
(b) Teachers and elementary or secondary school students participating in an
educational activity authorized by section 204B.27, subdivision 7, may be present at the
polling place during voting hours.
(c) Each official on duty in the polling place must wear an identification badge that
shows their role in the election process. The badge must not show their party affiliation.
Sec. 8.
Minnesota Statutes 2010, section 375.025, subdivision 2, is amended to read:
Subd. 2.
Voters rights.
Any qualified voter may apply to the district court of the
county for a writ of mandamus (a) requiring the county to be redistricted if the county
board has not redistricted the county within the time specified in subdivision 1, or (b) to
revise the redistricting plan. Any application for revision of a redistricting plan filed with
the county auditor deleted text begin more than 15 weeks before the state primary in a year ending in two
deleted text end that seeks to affect elections held in a year ending in two must be filed with the district
court deleted text begin within three weeks butdeleted text end no later than deleted text begin 14 weeksdeleted text end new text begin one weeknew text end before the deleted text begin state primarydeleted text end new text begin first
day to file for officenew text end in the year ending in deleted text begin twodeleted text end new text begin "2"new text end . deleted text begin If a plan for redistricting a county is
filed less than 14 weeks before the state primary in a year ending in two, any application
for revision of the plan that seeks to affect an election in the year ending in two shall be
filed with the district court within one week after the plan has been filed with the county
auditor.deleted text end The district court may direct the county board to show cause why it has not
redistricted the county or why the redistricting plan prepared by it should not be revised.
On hearing the matter it may allow the county board additional time in which to redistrict
the county or to correct errors in the redistricting plan. If it appears to the court that the
county board has not been sufficiently diligent in performing its redistricting duties, the
court may appoint a redistricting commission to redistrict the county in accordance with
the standards set forth in subdivision 1 and any other conditions the court shall deem
advisable and appropriate. If a redistricting commission is appointed, the county board
shall be without authority to redistrict the county.
Sec. 9.
Minnesota Statutes 2010, section 375.025, subdivision 4, is amended to read:
Subd. 4.
Redistricting plan; election following redistricting.
A redistricting
plan whether prepared by the county board or the redistricting commission shall be filed
in the office of the county auditor. A redistricting plan shall be effective on the 31st
day after filing unless a later effective date is specified but no plan shall be effective
for the next election of county commissioners unless the plan is filed with the county
auditor not less than deleted text begin 30 daysdeleted text end new text begin two weeksnew text end before the first date candidates may file for the
office of county commissioner. One commissioner shall be elected in each district who,
at the time of the election, is a resident of the district. A person elected may hold the
office only while remaining a resident of the commissioner district or, after deleted text begin June 15deleted text end new text begin the
last day to file for officenew text end during a year ending in "2", while remaining a resident of the
county. The county board or the redistricting commission shall determine the number of
members of the county board who shall be elected for two-year terms and for four-year
terms to provide staggered terms on the county board. Thereafter, all commissioners shall
be elected for four years. When a county is redistricted, there shall be a new election of
commissioners in all the districts at the next general election except that if the change
made in the boundaries of a district is less than five percent of the average of all districts
of the county, the commissioner in office at the time of the redistricting shall serve for
the full period for which elected.
Sec. 10. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 9 are effective the day following final enactment.
new text end