SF 35

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to elections; changing certain requirements 
  1.3             and procedures for voter registration and absentee 
  1.4             voting; imposing a penalty; amending Minnesota 
  1.5             Statutes 1994, sections 201.061, subdivision 1; 
  1.6             201.071, subdivision 1; 201.081; 201.12, subdivision 
  1.7             2; 201.121, subdivision 1; 201.13, subdivisions 1 and 
  1.8             2; 201.171; 203B.02, subdivision 1; 203B.03, 
  1.9             subdivision 1; 203B.04, subdivision 1; 203B.06, 
  1.10            subdivision 3; 203B.07, subdivision 2; 203B.08, 
  1.11            subdivision 1; 203B.11, by adding a subdivision; 
  1.12            203B.12, subdivision 2, and by adding a subdivision; 
  1.13            203B.13, subdivisions 1 and 2; 203B.16, by adding a 
  1.14            subdivision; and 203B.19; proposing coding for new law 
  1.15            in Minnesota Statutes, chapter 203B; repealing 
  1.16            Minnesota Statutes 1994, section 203B.02, subdivision 
  1.17            1a. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 1994, section 201.061, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [PRIOR TO ELECTION DAY.] At any time except 
  1.22  during the 20 days immediately preceding any election, an 
  1.23  eligible voter or any individual who will be an eligible voter 
  1.24  at the time of the next election may register to vote in the 
  1.25  precinct in which the voter maintains residence by completing a 
  1.26  registration card and submitting it in person or by mail to the 
  1.27  county auditor of that county or to the secretary of state's 
  1.28  office.  A registration that is received no later than 5:00 p.m. 
  1.29  on the 21st day preceding any election shall be accepted.  An 
  1.30  improperly addressed or delivered registration card shall be 
  1.31  forwarded within two working days after receipt to the county 
  2.1   auditor of the county where the voter maintains residence.  A 
  2.2   state or local agency or an individual that accepts completed 
  2.3   voter registration cards from a voter must submit the completed 
  2.4   cards to the secretary of state or the appropriate county 
  2.5   auditor within ten days after the cards are dated by the voter. 
  2.6      Sec. 2.  Minnesota Statutes 1994, section 201.071, 
  2.7   subdivision 1, is amended to read: 
  2.8      Subdivision 1.  [FORM.] A registration card must be of 
  2.9   suitable size and weight for mailing and contain spaces for the 
  2.10  following required information:  voter's first name, middle 
  2.11  name, and last name; voter's previous name, if any; voter's 
  2.12  current address; voter's previous address, if any; voter's date 
  2.13  of birth; voter's municipality and county of residence; voter's 
  2.14  telephone number, if provided by the voter; date of 
  2.15  registration; and voter's signature.  The card must also contain 
  2.16  the following a certification:  I certify that I will be at 
  2.17  least 18 years old on election day and am a citizen of the 
  2.18  United States, that I reside at the address shown and will have 
  2.19  resided in Minnesota for 20 days immediately preceding election 
  2.20  day, and that I am not under guardianship of the person, have 
  2.21  not been found by a court to be legally incompetent to vote, and 
  2.22  have not been convicted of a felony without having my civil 
  2.23  rights restored.  I understand that giving false information to 
  2.24  procure a registration is a felony punishable by not more than 
  2.25  five years imprisonment and a fine of not more than $10,000, or 
  2.26  both of voter eligibility. 
  2.27     The form of the voter registration card and the 
  2.28  certification of voter eligibility must be as provided in the 
  2.29  rules of the secretary of state. 
  2.30     Sec. 3.  Minnesota Statutes 1994, section 201.081, is 
  2.31  amended to read: 
  2.32     201.081 [REGISTRATION FILES.] 
  2.33     The statewide registration system is the official record of 
  2.34  registered voters.  The voter registration cards and the 
  2.35  terminal providing access to the statewide registration system 
  2.36  must be under the control of the county auditor or the public 
  3.1   official to whom the county auditor has delegated the 
  3.2   responsibility for maintaining voter registration records.  The 
  3.3   voter registration cards and terminals providing access to the 
  3.4   statewide registration system must not be removed from the 
  3.5   control of the county auditor except as provided in this 
  3.6   subdivision.  The county auditor may make photographic copies of 
  3.7   voter registration cards in the manner provided by section 
  3.8   138.17.  
  3.9      A properly completed voter registration card that has been 
  3.10  submitted to a county auditor must be maintained by the county 
  3.11  auditor for at least 22 months after the date that the 
  3.12  information on the card is entered into the database of the 
  3.13  statewide registration system.  The county auditor may dispose 
  3.14  of the cards after retention for 22 months in the manner 
  3.15  provided by section 138.17. 
  3.16     Sec. 4.  Minnesota Statutes 1994, section 201.12, 
  3.17  subdivision 2, is amended to read: 
  3.18     Subd. 2.  [CHALLENGES.] Upon return of the notice by the 
  3.19  postal service, the county auditor or the auditor's staff 
  3.20  shall personally ascertain the name and address of that 
  3.21  individual.  If the individual is no longer at the address 
  3.22  recorded in the statewide registration system, the county 
  3.23  auditor shall change the registrant's status to "challenged" in 
  3.24  the statewide registration system.  An individual challenged in 
  3.25  accordance with this subdivision shall comply with the 
  3.26  provisions of section 204C.12, before being allowed to vote.  If 
  3.27  a second notice mailed at least 60 days after the return of the 
  3.28  first notice is also returned by the postal service, the county 
  3.29  auditor may remove the registration card from the file and shall 
  3.30  change the registrant's status to "inactive" in the statewide 
  3.31  registration system. 
  3.32     Sec. 5.  Minnesota Statutes 1994, section 201.121, 
  3.33  subdivision 1, is amended to read: 
  3.34     Subdivision 1.  [ENTRY OF REGISTRATION INFORMATION.] 
  3.35  Upon Within ten days after receiving a voter registration card 
  3.36  properly completed and submitted in accordance with sections 
  4.1   201.061 and 201.071, the county auditor shall enter in 
  4.2   the appropriate registration files and in the statewide 
  4.3   registration system the registration card or the information 
  4.4   contained on it.  
  4.5      Upon receiving a completed voter registration card or form, 
  4.6   the secretary of state may electronically transmit the 
  4.7   information on the card or form to the appropriate county 
  4.8   auditor as soon as possible for review by the county auditor 
  4.9   before final entry into the statewide registration system.  The 
  4.10  secretary of state shall mail the registration card or form to 
  4.11  the county auditor for placement in the appropriate files.  
  4.12     Sec. 6.  Minnesota Statutes 1994, section 201.13, 
  4.13  subdivision 1, is amended to read: 
  4.14     Subdivision 1.  [COMMISSIONER OF HEALTH, REPORTS OF 
  4.15  DECEASED RESIDENTS.] The commissioner of health shall report 
  4.16  monthly to the secretary of state the name, address, date of 
  4.17  birth, and county of residence of each individual 18 years of 
  4.18  age or older who has died while maintaining residence in 
  4.19  Minnesota since the last previous report.  The secretary of 
  4.20  state shall determine if any of the persons listed in the report 
  4.21  are registered to vote and shall prepare a list of those 
  4.22  registrants for each county auditor.  Within 60 days after 
  4.23  receiving the list from the secretary of state, the county 
  4.24  auditor shall change the status of those registrants to 
  4.25  "deceased" in the statewide registration system and remove from 
  4.26  the files the registration cards of the voters reported to be 
  4.27  deceased. 
  4.28     Sec. 7.  Minnesota Statutes 1994, section 201.13, 
  4.29  subdivision 2, is amended to read: 
  4.30     Subd. 2.  [VOTER REGISTRATION CARD REMOVAL FOR DECEASED 
  4.31  NONRESIDENTS.] The county auditor may remove from the files the 
  4.32  voter registration cards of voters who have died outside of the 
  4.33  county, after receiving notice of death.  Within 60 days after 
  4.34  receiving notice of death of a voter who has died outside the 
  4.35  county, the county auditor shall change the voter's status to 
  4.36  "deceased."  Notice must be in the form of a printed obituary or 
  5.1   a written statement signed by a registered voter of the county.  
  5.2   The county auditor shall also make the appropriate changes in 
  5.3   the database of the statewide registration system when voter 
  5.4   registration cards are removed from the files. 
  5.5      Sec. 8.  Minnesota Statutes 1994, section 201.171, is 
  5.6   amended to read: 
  5.7      201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 
  5.8   REGISTRATION REMOVED.] 
  5.9      Within six weeks after every election, the county auditor 
  5.10  shall post the voting history for every person who voted in the 
  5.11  election.  After the close of the calendar year, the secretary 
  5.12  of state shall determine if any registrants have not voted 
  5.13  during the preceding four years and shall change the status of 
  5.14  those registrants to "inactive" in the statewide registration 
  5.15  system.  The secretary of state shall also prepare a report to 
  5.16  the county auditor containing the names of all registrants whose 
  5.17  status was changed to "inactive." 
  5.18     The county auditor shall remove the voter registration card 
  5.19  of any voter whose name appears on the report.  Although not 
  5.20  counted in an election, a late absentee ballot must be 
  5.21  considered a vote for the purpose of continuing registration.  
  5.22     Sec. 9.  Minnesota Statutes 1994, section 203B.02, 
  5.23  subdivision 1, is amended to read: 
  5.24     Subdivision 1.  [UNABLE TO GO TO POLLING PLACE VOTING 
  5.25  BEFORE ELECTION DAY.] Any eligible voter who reasonably expects 
  5.26  to be unable to go to the polling place on election day in the 
  5.27  precinct where the individual maintains residence because of 
  5.28  absence from the precinct, illness, disability, religious 
  5.29  discipline, observance of a religious holiday, or service as an 
  5.30  election judge in another precinct may vote by absentee ballot 
  5.31  as provided in sections 203B.04 to 203B.15 this chapter. 
  5.32     Sec. 10.  Minnesota Statutes 1994, section 203B.03, 
  5.33  subdivision 1, is amended to read: 
  5.34     Subdivision 1.  [VIOLATION.] No individual shall 
  5.35  intentionally:  
  5.36     (a) make or sign any false certificate required by this 
  6.1   chapter; 
  6.2      (b) make any false or untrue statement in any application 
  6.3   for absentee ballots; 
  6.4      (c) apply for absentee ballots more than once in any 
  6.5   election with the intent to cast an illegal ballot; 
  6.6      (d) exhibit a ballot marked by that individual to any other 
  6.7   individual; 
  6.8      (e) do any act in violation of the provisions of this 
  6.9   chapter for the purpose of casting an illegal vote in any 
  6.10  precinct or for the purpose of aiding another to cast an illegal 
  6.11  vote; or 
  6.12     (f) use information from absentee ballot materials or 
  6.13  records for purposes unrelated to elections, political 
  6.14  activities, or law enforcement; or 
  6.15     (g) provide assistance to an absentee voter except in the 
  6.16  manner provided by section 204C.15, subdivision 1. 
  6.17     Before inspecting information from absentee ballot 
  6.18  materials or records, an individual shall provide identification 
  6.19  to the public official having custody of the material or 
  6.20  information.  
  6.21     Sec. 11.  Minnesota Statutes 1994, section 203B.04, 
  6.22  subdivision 1, is amended to read: 
  6.23     Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
  6.24  otherwise allowed by subdivision 2, an application for absentee 
  6.25  ballots for any election may be submitted at any time not less 
  6.26  than one day before the day of that election.  The county 
  6.27  auditor shall prepare absentee ballot application forms in the 
  6.28  format provided in the rules of the secretary of state and shall 
  6.29  furnish them to any person on request.  An application submitted 
  6.30  pursuant to this subdivision shall be in writing and shall be 
  6.31  submitted to:  
  6.32     (a) the county auditor of the county where the applicant 
  6.33  maintains residence; or 
  6.34     (b) the municipal clerk of the municipality, or school 
  6.35  district if applicable, where the applicant maintains residence. 
  6.36     An application shall be accepted if it is signed and dated 
  7.1   by the applicant, contains the applicant's name, residence and 
  7.2   mailing addresses, and date of birth, and states that the 
  7.3   applicant is eligible to vote by absentee ballot for one of the 
  7.4   reasons specified as provided in section 203B.02.  An 
  7.5   application may be submitted to the county auditor or municipal 
  7.6   clerk by an electronic facsimile device, at the discretion of 
  7.7   the auditor or clerk.  An application submitted on behalf of a 
  7.8   voter by a person other than the voter must be mailed or 
  7.9   returned to the county auditor or municipal clerk within ten 
  7.10  days after it has been dated by the voter and no later than six 
  7.11  days before the election.  A copy of an absentee ballot 
  7.12  application or list of voters applying for an absentee ballot 
  7.13  made available for public inspection may not include the voter's 
  7.14  day or month of birth.  
  7.15     Sec. 12.  Minnesota Statutes 1994, section 203B.06, 
  7.16  subdivision 3, is amended to read: 
  7.17     Subd. 3.  [DELIVERY OF BALLOTS.] If an application for 
  7.18  absentee ballots is accepted at a time when absentee ballots are 
  7.19  not yet available for distribution, the county auditor, or 
  7.20  municipal clerk accepting the application shall file it and as 
  7.21  soon as absentee ballots are available for distribution shall 
  7.22  mail them to the address specified in the application.  If an 
  7.23  application for absentee ballots is accepted when absentee 
  7.24  ballots are available for distribution, the county auditor or 
  7.25  municipal clerk accepting the application shall promptly:  
  7.26     (a) Mail the ballots to the voter whose signature appears 
  7.27  on the application if the application is submitted by mail; or 
  7.28     (b) Deliver the absentee ballots directly to the voter if 
  7.29  the application is submitted in person; 
  7.30     (c) Transmit a facsimile of the ballots to the voter in the 
  7.31  manner provided in section 203B.082; or 
  7.32     (d) Deliver the absentee ballots in a sealed transmittal 
  7.33  envelope to an agent who has been designated to bring the 
  7.34  ballots to a voter who is a patient in a hospital or health care 
  7.35  facility, as provided in section 203B.11, subdivision 4.  
  7.36     If an application does not indicate the election for which 
  8.1   absentee ballots are sought, the county auditor or municipal 
  8.2   clerk shall mail or deliver only the ballots for the next 
  8.3   election occurring after receipt of the application.  Only one 
  8.4   set of ballots may be mailed, transmitted, or delivered to an 
  8.5   applicant for any election, except as provided in section 
  8.6   203B.13, subdivision 2, or when a replacement ballot has been 
  8.7   requested by the voter for a ballot that has been spoiled or 
  8.8   lost in transit. 
  8.9      This subdivision does not apply to applications for 
  8.10  absentee ballots received pursuant to sections 203B.04, 
  8.11  subdivision 2, and 203B.11.  
  8.12     Sec. 13.  Minnesota Statutes 1994, section 203B.07, 
  8.13  subdivision 2, is amended to read: 
  8.14     Subd. 2.  [DESIGN OF ENVELOPES.] The return envelope shall 
  8.15  be of sufficient size to conveniently enclose and contain the 
  8.16  ballot envelope and a voter registration card folded along its 
  8.17  perforations.  The return envelope shall be designed to open on 
  8.18  the left hand end.  The return envelope must include spaces for 
  8.19  the voter's name, address, and date of birth.  A certificate of 
  8.20  eligibility to vote by absentee ballot shall be printed on the 
  8.21  right hand three-fourths of the back of the envelope.  The 
  8.22  certificate shall contain a statement to be signed and sworn by 
  8.23  the voter indicating that the voter meets all of the 
  8.24  requirements established by law for voting by absentee 
  8.25  ballot.  If the voter was not previously registered, the 
  8.26  certificate shall also contain a statement signed by an eligible 
  8.27  a registered voter of the county precinct in which the absent 
  8.28  voter maintains residence or by a notary public, United States 
  8.29  postmaster, assistant postmaster, postal supervisor, clerk of a 
  8.30  postal service contract station or other individual authorized 
  8.31  to administer oaths stating that:  
  8.32     (a) the ballots were displayed to that individual unmarked; 
  8.33     (b) the voter marked the ballots in that individual's 
  8.34  presence without showing how they were marked, or, if the voter 
  8.35  was physically unable to mark them, that the voter directed 
  8.36  another individual to mark them; and 
  9.1      (c) if the voter was not previously registered, that the 
  9.2   voter has provided proof of residence as required by section 
  9.3   201.061, subdivision 3.  
  9.4      The county auditor or municipal clerk shall affix first 
  9.5   class postage to the return envelopes.  
  9.6      Sec. 14.  Minnesota Statutes 1994, section 203B.08, 
  9.7   subdivision 1, is amended to read: 
  9.8      Subdivision 1.  [MARKING AND RETURN BY VOTER.] An eligible 
  9.9   voter who receives absentee ballots as provided in this chapter 
  9.10  shall mark them in the manner specified in the directions for 
  9.11  casting the absentee ballots.  The return envelope containing 
  9.12  marked ballots may be mailed as provided in the directions for 
  9.13  casting the absentee ballots or may be left with the county 
  9.14  auditor or municipal clerk who transmitted the absentee ballots 
  9.15  to the voter.  
  9.16     The voter may designate an agent to deliver in person the 
  9.17  sealed absentee ballot return envelope to the county auditor or 
  9.18  municipal clerk or to deposit the return envelope in the mail.  
  9.19  An agent may deliver or mail the return envelopes of not more 
  9.20  than three voters in any election.  Only a person who is a 
  9.21  relative of or has a previous relationship with an eligible 
  9.22  voter may solicit the voter to become the voter's agent for 
  9.23  delivering a ballot.  Any person designated as an agent who 
  9.24  tampers with either the return envelope or the voted ballots or 
  9.25  does not immediately mail or deliver the return envelope to the 
  9.26  county auditor or municipal clerk is guilty of a misdemeanor. 
  9.27     Sec. 15.  [203B.081] [VOTING BEFORE ELECTION DAY.] 
  9.28     An eligible voter may vote by absentee ballot in the office 
  9.29  of the county auditor and at any other polling place designated 
  9.30  by the county auditor during the 30 days before the election.  
  9.31  At least one voting booth in each polling place must be made 
  9.32  available by the county auditor for this purpose.  
  9.33     Sec. 16.  [203B.082] [USE OF FACSIMILE BALLOTS.] 
  9.34     Subdivision 1.  [ELIGIBILITY.] An eligible voter who either 
  9.35  becomes a patient in a hospital or health care facility during 
  9.36  the seven days immediately before an election or is residing 
 10.1   outside the United States may vote by an electronically 
 10.2   transmitted facsimile ballot as provided in this section. 
 10.3      Subd. 2.  [APPLICATION.] Upon receipt of a properly 
 10.4   completed application, the county auditor may send the voter the 
 10.5   appropriate ballots and a ballot transmission form using an 
 10.6   electronic facsimile device.  The ballot transmission form must 
 10.7   provide space for the voter's name, address, signature, date of 
 10.8   birth, date on which the ballots were transmitted by the voter, 
 10.9   and a statement acknowledging that the voter's ballots will not 
 10.10  be secret.  The secretary of state shall prepare samples of the 
 10.11  data transmission form for use by the county auditor. 
 10.12     Subd. 3.  [RETURN.] The voter may return the voted ballots 
 10.13  to the county auditor using an electronic facsimile device.  If 
 10.14  an electronic facsimile device is used, the voter must also 
 10.15  complete and return the ballot transmission form.  Upon receipt 
 10.16  of an electronically transmitted ballot, the county auditor 
 10.17  shall immediately compare the information provided on the 
 10.18  absentee ballot application with the information provided on the 
 10.19  ballot transmission form.  No record of the votes cast by the 
 10.20  voter may be made.  After the information on the ballot 
 10.21  transmission form has been verified, the ballots must be sealed 
 10.22  in a ballot secrecy envelope.  The ballot transmission form must 
 10.23  be attached to the ballot secrecy envelope and placed with the 
 10.24  other absentee ballots for the precinct in which the voter 
 10.25  resides.  The county auditor shall certify that the ballots were 
 10.26  properly enclosed in the ballot secrecy envelope, that no record 
 10.27  of the votes cast on the ballots was made, and that the auditor 
 10.28  will not disclose for whom the voter has voted. 
 10.29     Subd. 4.  [REJECTION.] If the county auditor cannot verify 
 10.30  that the ballots were transmitted by the same person who 
 10.31  submitted the absentee ballot application, the ballots must be 
 10.32  rejected and no votes on the ballots may be counted. 
 10.33     Sec. 17.  Minnesota Statutes 1994, section 203B.11, is 
 10.34  amended by adding a subdivision to read: 
 10.35     Subd. 4.  [AGENT DELIVERY OF BALLOTS.] During the four days 
 10.36  preceding an election and until 4:00 p.m. on election day, an 
 11.1   eligible voter who is a patient of a hospital or health care 
 11.2   facility may designate an agent to deliver the ballots to the 
 11.3   voter from the county auditor or municipal clerk.  The voted 
 11.4   ballots must be returned to the county auditor or municipal 
 11.5   clerk no later than 5:00 p.m. on election day.  The voter must 
 11.6   complete an affidavit requesting the auditor or clerk to provide 
 11.7   the agent with the ballots in a sealed transmittal envelope.  
 11.8   The affidavit must include a statement from the voter stating 
 11.9   that the ballots were delivered to the voter by the agent in the 
 11.10  sealed transmittal envelope.  An agent may deliver ballots to no 
 11.11  more than three persons in any election.  The secretary of state 
 11.12  shall provide samples of the affidavit and transmission envelope 
 11.13  for use by the county auditors. 
 11.14     Sec. 18.  Minnesota Statutes 1994, section 203B.12, 
 11.15  subdivision 2, is amended to read: 
 11.16     Subd. 2.  [EXAMINATION OF RETURN ENVELOPES.] Two or more 
 11.17  election judges shall examine each return envelope and shall 
 11.18  mark it accepted or rejected in the manner provided in this 
 11.19  subdivision.  If a ballot has been prepared under section 
 11.20  204B.12, subdivision 2a, or 204B.41, the election judges shall 
 11.21  not begin removing ballot envelopes from the return envelopes 
 11.22  until 8:00 p.m. on election day, either in the polling place or 
 11.23  at an absentee ballot board established under section 203B.13. 
 11.24     The election judges shall mark the return envelope 
 11.25  "Accepted" and initial or sign the return envelope below the 
 11.26  word "Accepted" if the election judges or a majority of them are 
 11.27  satisfied that:  
 11.28     (1) the voter's name, address, and date of birth on the 
 11.29  return envelope are the same as the information provided on the 
 11.30  absentee ballot application; 
 11.31     (a) (2) the voter's signature on the return envelope is the 
 11.32  genuine signature of the individual who made the application for 
 11.33  ballots and the certificate has been completed as prescribed in 
 11.34  the directions for casting an absentee ballot; 
 11.35     (b) (3) the voter is registered and eligible to vote in the 
 11.36  precinct or has included a properly completed registration card 
 12.1   in the return envelope; and 
 12.2      (c) (4) the voter has not already voted at that election, 
 12.3   either in person or by absentee ballot.  
 12.4      The return envelope from accepted ballots must be preserved 
 12.5   and returned to the county auditor.  
 12.6      If all or a majority of the election judges examining 
 12.7   return envelopes find that an absent voter has failed to meet 
 12.8   one of the requirements prescribed in clauses (a) (1) to 
 12.9   (c) (4), they shall mark the return envelope "Rejected," initial 
 12.10  or sign it below the word "Rejected," and return it to the 
 12.11  county auditor.  
 12.12     Sec. 19.  Minnesota Statutes 1994, section 203B.12, is 
 12.13  amended by adding a subdivision to read: 
 12.14     Subd. 7.  [NAMES OF PERSONS SUBMITTING ABSENTEE 
 12.15  BALLOTS.] The names of voters who have submitted an absentee 
 12.16  ballot return envelope to the county auditor or municipal clerk 
 12.17  may not be made available for public inspection until the close 
 12.18  of voting on election day.  
 12.19     Sec. 20.  Minnesota Statutes 1994, section 203B.13, 
 12.20  subdivision 1, is amended to read: 
 12.21     Subdivision 1.  [ESTABLISHMENT.] The governing body of 
 12.22  any county that has established a counting center as provided in 
 12.23  section 206.85, subdivision 2, any municipality may by 
 12.24  ordinance, or the school board of any school district may 
 12.25  by ordinance or resolution, authorize an absentee ballot board.  
 12.26  The board shall consist of a sufficient number of election 
 12.27  judges appointed as provided in sections 204B.19 to 204B.22.  
 12.28     Sec. 21.  Minnesota Statutes 1994, section 203B.13, 
 12.29  subdivision 2, is amended to read: 
 12.30     Subd. 2.  [DUTIES.] The absentee ballot board may do any of 
 12.31  the following:  
 12.32     (a) Receive from each precinct in the municipality or 
 12.33  school district all ballot envelopes marked "Accepted" by the 
 12.34  election judges; provided that the governing body of a 
 12.35  municipality or the school board of a school district may 
 12.36  authorize the board to examine all return absentee ballot 
 13.1   envelopes and receive or reject absentee ballots in the manner 
 13.2   provided in section 203B.12; 
 13.3      (b) Open and count the absentee ballots, tabulating the 
 13.4   vote in a manner that indicates each vote of the absentee voter 
 13.5   and the total absentee vote cast for each candidate or question 
 13.6   in each precinct; or 
 13.7      (c) Report the vote totals tabulated for each precinct.  
 13.8      The absentee ballot board may begin the process of 
 13.9   examining the return envelopes and marking them "accepted" or 
 13.10  "rejected" at any time during the 30 days before the election.  
 13.11  If an envelope has been rejected, the ballots in the envelope 
 13.12  must be considered spoiled ballots and the official in charge of 
 13.13  the absentee ballot board shall inform the voter who submitted 
 13.14  the absentee ballot.  The voter shall be provided with an 
 13.15  application to receive another absentee ballot in place of the 
 13.16  spoiled ballot.  The secretary of state shall provide samples of 
 13.17  this application for use by the county auditor. 
 13.18     Sec. 22.  Minnesota Statutes 1994, section 203B.16, is 
 13.19  amended by adding a subdivision to read: 
 13.20     Subd. 3.  [DUTIES OF MUNICIPAL CLERK.] The municipal clerk 
 13.21  shall administer the duties of the county auditor in sections 
 13.22  203B.16 to 203B.27 for municipal elections not held on the same 
 13.23  day as a state or county election.  
 13.24     Sec. 23.  Minnesota Statutes 1994, section 203B.19, is 
 13.25  amended to read: 
 13.26     203B.19 [RECORDING APPLICATIONS.] 
 13.27     Upon accepting an application, the county auditor shall 
 13.28  record in a permanent register on the statewide registration 
 13.29  system the voter's name, address of present or former residence 
 13.30  in Minnesota, mailing address, date of birth, school district 
 13.31  number, and the category under section 203B.16, to which the 
 13.32  voter belongs.  After recording this information, The county 
 13.33  auditor shall retain the application record for two years after 
 13.34  the date of the next state general election.  A voter whose name 
 13.35  is recorded as provided in this section shall not be required to 
 13.36  register under any other provision of law in order to vote under 
 14.1   sections 203B.16 to 203B.27.  
 14.2      The polling place rosters prepared by the secretary of 
 14.3   state must include separate pages to list the persons whose 
 14.4   applications have been recorded as provided in this section.  
 14.5   The election judges shall indicate on the roster each person for 
 14.6   whom an absentee ballot has been accepted.  
 14.7      Sec. 24.  [REPEALER.] 
 14.8      Minnesota Statutes 1994, section 203B.02, subdivision 1a, 
 14.9   is repealed. 
 14.10     Sec. 25.  [EFFECTIVE DATE.] 
 14.11     This act is effective January 1, 1996, except that sections 
 14.12  9; 10; 12, subdivision 3, paragraph (d); 15; 17; and 21 are 
 14.13  effective the day following final enactment.