SF 315

3rd 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 and clarifying 
  1.3             provisions of the Minnesota election law and the 
  1.4             ethics in government law; amending Minnesota Statutes 
  1.5             1994, sections 10A.065, subdivision 1; 10A.15, 
  1.6             subdivision 5; 10A.21, subdivision 3; 10A.25, 
  1.7             subdivisions 6 and 11; 10A.322, subdivision 1; 
  1.8             201.061, subdivision 1; 201.071, subdivision 1; 
  1.9             201.081; 201.12, subdivision 2; 201.121, subdivision 
  1.10            1; 201.13, subdivisions 1 and 2; 201.171; 203B.01, by 
  1.11            adding a subdivision; 203B.03, subdivision 1; 203B.04, 
  1.12            subdivision 1; 203B.06, subdivision 3; 203B.08, 
  1.13            subdivision 1; 203B.11, subdivision 1, and by adding a 
  1.14            subdivision; 203B.12, subdivision 2, and by adding a 
  1.15            subdivision; 203B.13, subdivisions 1 and 2; 203B.16, 
  1.16            by adding a subdivision; 203B.19; 204B.06, by adding a 
  1.17            subdivision; 204B.15; 204B.22, by adding a 
  1.18            subdivision; 204B.27, by adding a subdivision; 
  1.19            204B.31; 204B.36, subdivision 2; 204B.45, subdivision 
  1.20            1; 204B.46; 204C.08, by adding a subdivision; 204C.15, 
  1.21            subdivision 1; 204C.31, subdivision 2; 206.62; 206.90, 
  1.22            subdivisions 4 and 6; 207A.03, subdivision 2; 211A.02, 
  1.23            subdivision 2; 211B.04; 211B.06, subdivision 1; 
  1.24            387.01; 388.01; and 626.846, subdivision 6; proposing 
  1.25            coding for new law in Minnesota Statutes, chapter 
  1.26            203B; repealing Minnesota Statutes 1994, sections 
  1.27            10A.21, subdivisions 1 and 2; 204D.15, subdivision 2; 
  1.28            and 211B.11, subdivision 2. 
  1.29  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.30     Section 1.  Minnesota Statutes 1994, section 10A.065, 
  1.31  subdivision 1, is amended to read: 
  1.32     Subdivision 1.  [REGISTERED LOBBYIST CONTRIBUTIONS; 
  1.33  LEGISLATIVE SESSION.] A candidate for the legislature or for 
  1.34  constitutional office, a candidate's principal campaign 
  1.35  committee, any other political committee with the candidate's 
  1.36  name or title, any committee authorized by the candidate, or a 
  1.37  political committee established by all or a part of the party 
  2.1   organization within a house of the legislature, shall not 
  2.2   solicit or accept a contribution on behalf of a candidate's 
  2.3   principal campaign committee, any other political committee with 
  2.4   the candidate's name or title, any committee authorized by the 
  2.5   candidate, or a political committee established by all or a part 
  2.6   of the party organization within a house of the legislature, 
  2.7   from a registered lobbyist, political committee, or political 
  2.8   fund during a regular session of the legislature.  For a 
  2.9   candidate for constitutional office, the prohibition in this 
  2.10  subdivision extends to the 14 days immediately following 
  2.11  adjournment of the legislature in either year of a biennium. 
  2.12     Sec. 2.  Minnesota Statutes 1994, section 10A.15, 
  2.13  subdivision 5, is amended to read: 
  2.14     Subd. 5.  [LOBBYIST, POLITICAL COMMITTEE, OR POLITICAL FUND 
  2.15  REGISTRATION NUMBER ON CHECKS.] A contribution made to a 
  2.16  candidate by a lobbyist, political committee, or political fund 
  2.17  that makes a contribution to a candidate must show on the 
  2.18  contribution the name of the lobbyist, political committee, or 
  2.19  political fund and the number under which it is registered with 
  2.20  the board.  A candidate may rely upon the presence or absence of 
  2.21  a registration number in determining whether the contribution is 
  2.22  from a lobbyist and is not subject to a civil penalty for the 
  2.23  failure of a contributor to comply with this subdivision. 
  2.24     Sec. 3.  Minnesota Statutes 1994, section 10A.21, 
  2.25  subdivision 3, is amended to read: 
  2.26     Subd. 3.  Statements and reports filed with county auditor 
  2.27  shall be available to the public in the manner prescribed by 
  2.28  section 10A.02, subdivision 8, clause (e).  Statements and 
  2.29  reports of principal campaign committees shall be retained until 
  2.30  four years after the election to which they pertain.  Economic 
  2.31  interest statements shall be retained until the subject of the 
  2.32  statement is no longer a candidate or officeholder.  Upon 
  2.33  request of a county auditor, the board shall send the auditor a 
  2.34  copy of a statement or report filed with the board.  The copy 
  2.35  need not be certified. 
  2.36     Sec. 4.  Minnesota Statutes 1994, section 10A.25, 
  3.1   subdivision 6, is amended to read: 
  3.2      Subd. 6.  During an election cycle, in any year before an 
  3.3   the election year for the office held or sought, the aggregate 
  3.4   amount of expenditures by and approved expenditures on behalf of 
  3.5   a candidate for or holder of that office shall not exceed 20 
  3.6   percent of the expenditure limit set forth in subdivision 2. 
  3.7      Sec. 5.  Minnesota Statutes 1994, section 10A.25, 
  3.8   subdivision 11, is amended to read: 
  3.9      Subd. 11.  [CARRYFORWARD; DISPOSITION OF OTHER FUNDS.] 
  3.10  After all campaign expenditures and noncampaign disbursements 
  3.11  for an election cycle have been made, an amount up to 50 percent 
  3.12  of the election cycle expenditure limit for the office may be 
  3.13  carried forward.  Any remaining amount up to the total amount of 
  3.14  the public subsidy from the state elections campaign fund and 
  3.15  any public matching subsidy must be returned to the state 
  3.16  treasury for credit to the general fund under section 10A.324.  
  3.17  Any remaining amount in excess of the total public subsidy must 
  3.18  be contributed to the state elections campaign fund or a 
  3.19  political party for multicandidate expenditures as defined in 
  3.20  section 10A.275. 
  3.21     Sec. 6.  Minnesota Statutes 1994, section 10A.322, 
  3.22  subdivision 1, is amended to read: 
  3.23     Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
  3.24  condition of receiving a public subsidy, a candidate shall sign 
  3.25  and file with the board a written agreement in which the 
  3.26  candidate agrees that the candidate will comply with sections 
  3.27  10A.25 and 10A.324. 
  3.28     (b) Before the first day of filing for office, the board 
  3.29  shall forward agreement forms to all filing officers.  The board 
  3.30  shall also provide agreement forms to candidates on request at 
  3.31  any time.  The candidate may sign an agreement and submit it to 
  3.32  the filing officer on the day of filing an affidavit of 
  3.33  candidacy or petition to appear on the ballot, in which case the 
  3.34  filing officer shall without delay forward signed agreements to 
  3.35  the board.  Alternatively, the candidate may submit the 
  3.36  agreement directly to the board at any time before September 1 
  4.1   preceding the candidate's general election.  An agreement may 
  4.2   not be filed after that date.  An agreement once filed may not 
  4.3   be rescinded. 
  4.4      (c) The board shall forward a copy of any agreement signed 
  4.5   under this subdivision to the commissioner of revenue.  
  4.6      (d) Notwithstanding any provisions of this section, when a 
  4.7   vacancy occurs that will be filled by means of a special 
  4.8   election and the filing period does not coincide with the filing 
  4.9   period for the general election, a candidate may sign and submit 
  4.10  a spending limit agreement at any time before the deadline for 
  4.11  submission of a signed agreement under section 10A.315. 
  4.12     (e) A candidate who fills a vacancy in nomination that 
  4.13  occurs after the deadline in paragraph (b) may file a spending 
  4.14  limit agreement no later than the day after the candidate fills 
  4.15  the vacancy. 
  4.16     Sec. 7.  Minnesota Statutes 1994, section 201.061, 
  4.17  subdivision 1, is amended to read: 
  4.18     Subdivision 1.  [PRIOR TO ELECTION DAY.] At any time except 
  4.19  during the 20 days immediately preceding any election, an 
  4.20  eligible voter or any individual who will be an eligible voter 
  4.21  at the time of the next election may register to vote in the 
  4.22  precinct in which the voter maintains residence by completing a 
  4.23  registration card and submitting it in person or by mail to the 
  4.24  county auditor of that county or to the secretary of state's 
  4.25  office.  A registration that is received no later than 5:00 p.m. 
  4.26  on the 21st day preceding any election shall be accepted.  An 
  4.27  improperly addressed or delivered registration card shall be 
  4.28  forwarded within two working days after receipt to the county 
  4.29  auditor of the county where the voter maintains residence.  A 
  4.30  state or local agency or an individual that accepts completed 
  4.31  voter registration cards from a voter must submit the completed 
  4.32  cards to the secretary of state or the appropriate county 
  4.33  auditor within ten days after the cards are dated by the voter. 
  4.34     Sec. 8.  Minnesota Statutes 1994, section 201.071, 
  4.35  subdivision 1, is amended to read: 
  4.36     Subdivision 1.  [FORM.] A registration card must be of 
  5.1   suitable size and weight for mailing and contain spaces for the 
  5.2   following required information:  voter's first name, middle 
  5.3   name, and last name; voter's previous name, if any; voter's 
  5.4   current address; voter's previous address, if any; voter's date 
  5.5   of birth; voter's municipality and county of residence; voter's 
  5.6   telephone number, if provided by the voter; date of 
  5.7   registration; and voter's signature.  The card must also contain 
  5.8   the following a certification:  I certify that I will be at 
  5.9   least 18 years old on election day and am a citizen of the 
  5.10  United States, that I reside at the address shown and will have 
  5.11  resided in Minnesota for 20 days immediately preceding election 
  5.12  day, and that I am not under guardianship of the person, have 
  5.13  not been found by a court to be legally incompetent to vote, and 
  5.14  have not been convicted of a felony without having my civil 
  5.15  rights restored.  I understand that giving false information to 
  5.16  procure a registration is a felony punishable by not more than 
  5.17  five years imprisonment and a fine of not more than $10,000, or 
  5.18  both of voter eligibility. 
  5.19     The form of the voter registration card and the 
  5.20  certification of voter eligibility must be as provided in the 
  5.21  rules of the secretary of state.  Voter registration forms 
  5.22  authorized by the National Voter Registration Act may also be 
  5.23  accepted as valid. 
  5.24     Sec. 9.  Minnesota Statutes 1994, section 201.081, is 
  5.25  amended to read: 
  5.26     201.081 [REGISTRATION FILES.] 
  5.27     The statewide registration system is the official record of 
  5.28  registered voters.  The voter registration cards and the 
  5.29  terminal providing access to the statewide registration system 
  5.30  must be under the control of the county auditor or the public 
  5.31  official to whom the county auditor has delegated the 
  5.32  responsibility for maintaining voter registration records.  The 
  5.33  voter registration cards and terminals providing access to the 
  5.34  statewide registration system must not be removed from the 
  5.35  control of the county auditor except as provided in this 
  5.36  subdivision.  The county auditor may make photographic copies of 
  6.1   voter registration cards in the manner provided by section 
  6.2   138.17.  
  6.3      A properly completed voter registration card that has been 
  6.4   submitted to a county auditor must be maintained by the county 
  6.5   auditor for at least 22 months after the date that the 
  6.6   information on the card is entered into the database of the 
  6.7   statewide registration system.  The county auditor may dispose 
  6.8   of the cards after retention for 22 months in the manner 
  6.9   provided by section 138.17. 
  6.10     Sec. 10.  Minnesota Statutes 1994, section 201.12, 
  6.11  subdivision 2, is amended to read: 
  6.12     Subd. 2.  [CHALLENGES.] Upon return of the notice by the 
  6.13  postal service, the county auditor or the auditor's staff 
  6.14  shall personally ascertain the name and address of that 
  6.15  individual.  If the individual is no longer at the address 
  6.16  recorded in the statewide registration system, the county 
  6.17  auditor shall change the registrant's status to "challenged" in 
  6.18  the statewide registration system.  An individual challenged in 
  6.19  accordance with this subdivision shall comply with the 
  6.20  provisions of section 204C.12, before being allowed to vote.  If 
  6.21  a second notice mailed at least 60 days after the return of the 
  6.22  first notice is also returned by the postal service, the county 
  6.23  auditor may remove the registration card from the file and shall 
  6.24  change the registrant's status to "inactive" in the statewide 
  6.25  registration system. 
  6.26     Sec. 11.  Minnesota Statutes 1994, section 201.121, 
  6.27  subdivision 1, is amended to read: 
  6.28     Subdivision 1.  [ENTRY OF REGISTRATION INFORMATION.] 
  6.29  Upon Within ten days after receiving a voter registration card 
  6.30  properly completed and submitted in accordance with sections 
  6.31  201.061 and 201.071, the county auditor shall enter in 
  6.32  the appropriate registration files and in the statewide 
  6.33  registration system the registration card or the information 
  6.34  contained on it.  
  6.35     Upon receiving a completed voter registration card or form, 
  6.36  the secretary of state may electronically transmit the 
  7.1   information on the card or form to the appropriate county 
  7.2   auditor as soon as possible for review by the county auditor 
  7.3   before final entry into the statewide registration system.  The 
  7.4   secretary of state shall mail the registration card or form to 
  7.5   the county auditor for placement in the appropriate files.  
  7.6      Sec. 12.  Minnesota Statutes 1994, section 201.13, 
  7.7   subdivision 1, is amended to read: 
  7.8      Subdivision 1.  [COMMISSIONER OF HEALTH, REPORTS OF 
  7.9   DECEASED RESIDENTS.] The commissioner of health shall report 
  7.10  monthly to the secretary of state the name, address, date of 
  7.11  birth, and county of residence of each individual 18 years of 
  7.12  age or older who has died while maintaining residence in 
  7.13  Minnesota since the last previous report.  The secretary of 
  7.14  state shall determine if any of the persons listed in the report 
  7.15  are registered to vote and shall prepare a list of those 
  7.16  registrants for each county auditor.  Within 60 days after 
  7.17  receiving the list from the secretary of state, the county 
  7.18  auditor shall change the status of those registrants to 
  7.19  "deceased" in the statewide registration system and remove from 
  7.20  the files the registration cards of the voters reported to be 
  7.21  deceased. 
  7.22     Sec. 13.  Minnesota Statutes 1994, section 201.13, 
  7.23  subdivision 2, is amended to read: 
  7.24     Subd. 2.  [VOTER REGISTRATION CARD REMOVAL FOR DECEASED 
  7.25  NONRESIDENTS.] The county auditor may remove from the files the 
  7.26  voter registration cards of voters who have died outside of the 
  7.27  county, after receiving notice of death.  Within 60 days after 
  7.28  receiving notice of death of a voter who has died outside the 
  7.29  county, the county auditor shall change the voter's status to 
  7.30  "deceased."  Notice must be in the form of a printed obituary or 
  7.31  a written statement signed by a registered voter of the county.  
  7.32  The county auditor shall also make the appropriate changes in 
  7.33  the database of the statewide registration system when voter 
  7.34  registration cards are removed from the files. 
  7.35     Sec. 14.  Minnesota Statutes 1994, section 201.171, is 
  7.36  amended to read: 
  8.1      201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 
  8.2   REGISTRATION REMOVED.] 
  8.3      Within six weeks after every election, the county auditor 
  8.4   shall post the voting history for every person who voted in the 
  8.5   election.  After the close of the calendar year, the secretary 
  8.6   of state shall determine if any registrants have not voted 
  8.7   during the preceding four years and shall change the status of 
  8.8   those registrants to "inactive" in the statewide registration 
  8.9   system.  The secretary of state shall also prepare a report to 
  8.10  the county auditor containing the names of all registrants whose 
  8.11  status was changed to "inactive." 
  8.12     The county auditor shall remove the voter registration card 
  8.13  of any voter whose name appears on the report.  Although not 
  8.14  counted in an election, a late absentee ballot must be 
  8.15  considered a vote for the purpose of continuing registration.  
  8.16     Sec. 15.  Minnesota Statutes 1994, section 203B.01, is 
  8.17  amended by adding a subdivision to read: 
  8.18     Subd. 4.  [HEALTH CARE FACILITY.] "Health care facility" 
  8.19  means a hospital or other entity licensed under sections 144.50 
  8.20  to 144.58 or a nursing home licensed to serve adults under 
  8.21  section 144A.02. 
  8.22     Sec. 16.  Minnesota Statutes 1994, section 203B.03, 
  8.23  subdivision 1, is amended to read: 
  8.24     Subdivision 1.  [VIOLATION.] No individual shall 
  8.25  intentionally:  
  8.26     (a) make or sign any false certificate required by this 
  8.27  chapter; 
  8.28     (b) make any false or untrue statement in any application 
  8.29  for absentee ballots; 
  8.30     (c) apply for absentee ballots more than once in any 
  8.31  election with the intent to cast an illegal ballot; 
  8.32     (d) exhibit a ballot marked by that individual to any other 
  8.33  individual; 
  8.34     (e) do any act in violation of the provisions of this 
  8.35  chapter for the purpose of casting an illegal vote in any 
  8.36  precinct or for the purpose of aiding another to cast an illegal 
  9.1   vote; or 
  9.2      (f) use information from absentee ballot materials or 
  9.3   records for purposes unrelated to elections, political 
  9.4   activities, or law enforcement; or 
  9.5      (g) provide assistance to an absentee voter except in the 
  9.6   manner provided by section 204C.15, subdivision 1. 
  9.7      Before inspecting information from absentee ballot 
  9.8   materials or records, an individual shall provide identification 
  9.9   to the public official having custody of the material or 
  9.10  information.  
  9.11     Sec. 17.  Minnesota Statutes 1994, section 203B.04, 
  9.12  subdivision 1, is amended to read: 
  9.13     Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
  9.14  otherwise allowed by subdivision 2, an application for absentee 
  9.15  ballots for any election may be submitted at any time not less 
  9.16  than one day before the day of that election.  The county 
  9.17  auditor shall prepare absentee ballot application forms in the 
  9.18  format provided in the rules of the secretary of state and shall 
  9.19  furnish them to any person on request.  An application submitted 
  9.20  pursuant to this subdivision shall be in writing and shall be 
  9.21  submitted to:  
  9.22     (a) the county auditor of the county where the applicant 
  9.23  maintains residence; or 
  9.24     (b) the municipal clerk of the municipality, or school 
  9.25  district if applicable, where the applicant maintains residence. 
  9.26     An application shall be accepted if it is signed and dated 
  9.27  by the applicant, contains the applicant's name and residence 
  9.28  and mailing addresses, and states that the applicant is eligible 
  9.29  to vote by absentee ballot for one of the reasons specified in 
  9.30  section 203B.02.  An application may be submitted to the county 
  9.31  auditor or municipal clerk by an electronic facsimile device, at 
  9.32  the discretion of the auditor or clerk.  An application 
  9.33  submitted on behalf of a voter by a person other than the voter 
  9.34  must be mailed or returned to the county auditor or municipal 
  9.35  clerk within ten days after it has been dated by the voter and 
  9.36  no later than six days before the election.  The absentee ballot 
 10.1   applications or a list of persons applying for an absentee 
 10.2   ballot may not be made available for public inspection until the 
 10.3   close of voting on election day.  
 10.4      Sec. 18.  Minnesota Statutes 1994, section 203B.06, 
 10.5   subdivision 3, is amended to read: 
 10.6      Subd. 3.  [DELIVERY OF BALLOTS.] If an application for 
 10.7   absentee ballots is accepted at a time when absentee ballots are 
 10.8   not yet available for distribution, the county auditor, or 
 10.9   municipal clerk accepting the application shall file it and as 
 10.10  soon as absentee ballots are available for distribution shall 
 10.11  mail them to the address specified in the application.  If an 
 10.12  application for absentee ballots is accepted when absentee 
 10.13  ballots are available for distribution, the county auditor or 
 10.14  municipal clerk accepting the application shall promptly:  
 10.15     (a) Mail the ballots to the voter whose signature appears 
 10.16  on the application if the application is submitted by mail; or 
 10.17     (b) Deliver the absentee ballots directly to the voter if 
 10.18  the application is submitted in person; or 
 10.19     (c) Deliver the absentee ballots in a sealed transmittal 
 10.20  envelope to an agent who has been designated to bring the 
 10.21  ballots to a voter who is a patient in a hospital or health care 
 10.22  facility, as provided in section 203B.11, subdivision 4.  
 10.23     If an application does not indicate the election for which 
 10.24  absentee ballots are sought, the county auditor or municipal 
 10.25  clerk shall mail or deliver only the ballots for the next 
 10.26  election occurring after receipt of the application.  Only one 
 10.27  set of ballots may be mailed or delivered to an applicant for 
 10.28  any election, except as provided in section 203B.13, subdivision 
 10.29  2, or when a replacement ballot has been requested by the voter 
 10.30  for a ballot that has been spoiled or lost in transit. 
 10.31     This subdivision does not apply to applications for 
 10.32  absentee ballots received pursuant to sections 203B.04, 
 10.33  subdivision 2, and 203B.11.  
 10.34     Sec. 19.  Minnesota Statutes 1994, section 203B.08, 
 10.35  subdivision 1, is amended to read: 
 10.36     Subdivision 1.  [MARKING AND RETURN BY VOTER.] An eligible 
 11.1   voter who receives absentee ballots as provided in this chapter 
 11.2   shall mark them in the manner specified in the directions for 
 11.3   casting the absentee ballots.  The return envelope containing 
 11.4   marked ballots may be mailed as provided in the directions for 
 11.5   casting the absentee ballots or may be left with the county 
 11.6   auditor or municipal clerk who transmitted the absentee ballots 
 11.7   to the voter.  
 11.8      The voter may designate an agent to deliver in person the 
 11.9   sealed absentee ballot return envelope to the county auditor or 
 11.10  municipal clerk or to deposit the return envelope in the mail.  
 11.11  An agent may deliver or mail the return envelopes of not more 
 11.12  than three voters in any election.  Any person designated as an 
 11.13  agent who tampers with either the return envelope or the voted 
 11.14  ballots or does not immediately mail or deliver the return 
 11.15  envelope to the county auditor or municipal clerk is guilty of a 
 11.16  misdemeanor. 
 11.17     Sec. 20.  [203B.081] [LOCATIONS FOR ABSENTEE VOTING IN 
 11.18  PERSON.] 
 11.19     An eligible voter may vote by absentee ballot in the office 
 11.20  of the county auditor and at any other polling place designated 
 11.21  by the county auditor during the 30 days before the election.  
 11.22  At least one voting booth in each polling place must be made 
 11.23  available by the county auditor for this purpose.  
 11.24     Sec. 21.  Minnesota Statutes 1994, section 203B.11, 
 11.25  subdivision 1, is amended to read: 
 11.26     Subdivision 1.  [GENERALLY.] Each full-time municipal clerk 
 11.27  who has authority under section 203B.05 to administer absentee 
 11.28  voting laws shall designate election judges to deliver absentee 
 11.29  ballots in accordance with this section.  The county auditor may 
 11.30  also designate election judges to perform the duties in this 
 11.31  section.  A ballot may be delivered only to an eligible voter 
 11.32  who is a temporary or permanent resident or patient in a health 
 11.33  care facility or hospital located in the municipality in which 
 11.34  the voter maintains residence.  The ballots shall be delivered 
 11.35  by two election judges, each of whom is affiliated with a 
 11.36  different major political party.  When the election judges 
 12.1   deliver or return ballots as provided in this section, they 
 12.2   shall travel together in the same vehicle.  Both election judges 
 12.3   shall be present when an applicant completes the certificate of 
 12.4   eligibility and marks the absentee ballots, and may assist an 
 12.5   applicant as provided in section 204C.15.  The election judges 
 12.6   shall deposit the return envelopes containing the marked 
 12.7   absentee ballots in a sealed container and return them to the 
 12.8   clerk on the same day that they are delivered and marked. 
 12.9      Sec. 22.  Minnesota Statutes 1994, section 203B.11, is 
 12.10  amended by adding a subdivision to read: 
 12.11     Subd. 4.  [AGENT DELIVERY OF BALLOTS.] During the four days 
 12.12  preceding an election and until 4:00 p.m. on election day, an 
 12.13  eligible voter who is a patient of a hospital or health care 
 12.14  facility may designate an agent to deliver the ballots to the 
 12.15  voter from the county auditor or municipal clerk.  The voted 
 12.16  ballots must be returned to the county auditor or municipal 
 12.17  clerk no later than 5:00 p.m. on election day.  The voter must 
 12.18  complete an affidavit requesting the auditor or clerk to provide 
 12.19  the agent with the ballots in a sealed transmittal envelope.  
 12.20  The affidavit must include a statement from the voter stating 
 12.21  that the ballots were delivered to the voter by the agent in the 
 12.22  sealed transmittal envelope.  An agent may deliver ballots to no 
 12.23  more than three persons in any election.  The secretary of state 
 12.24  shall provide samples of the affidavit and transmission envelope 
 12.25  for use by the county auditors. 
 12.26     Sec. 23.  Minnesota Statutes 1994, section 203B.12, 
 12.27  subdivision 2, is amended to read: 
 12.28     Subd. 2.  [EXAMINATION OF RETURN ENVELOPES.] Two or more 
 12.29  election judges shall examine each return envelope and shall 
 12.30  mark it accepted or rejected in the manner provided in this 
 12.31  subdivision.  If a ballot has been prepared under section 
 12.32  204B.12, subdivision 2a, or 204B.41, the election judges shall 
 12.33  not begin removing ballot envelopes from the return envelopes 
 12.34  until 8:00 p.m. on election day, either in the polling place or 
 12.35  at an absentee ballot board established under section 203B.13. 
 12.36     The election judges shall mark the return envelope 
 13.1   "Accepted" and initial or sign the return envelope below the 
 13.2   word "Accepted" if the election judges or a majority of them are 
 13.3   satisfied that:  
 13.4      (1) the voter's name and address on the return envelope are 
 13.5   the same as the information provided on the absentee ballot 
 13.6   application; 
 13.7      (a) (2) the voter's signature on the return envelope is the 
 13.8   genuine signature of the individual who made the application for 
 13.9   ballots and the certificate has been completed as prescribed in 
 13.10  the directions for casting an absentee ballot; 
 13.11     (b) (3) the voter is registered and eligible to vote in the 
 13.12  precinct or has included a properly completed registration card 
 13.13  in the return envelope; and 
 13.14     (c) (4) the voter has not already voted at that election, 
 13.15  either in person or by absentee ballot.  
 13.16     The return envelope from accepted ballots must be preserved 
 13.17  and returned to the county auditor.  
 13.18     If all or a majority of the election judges examining 
 13.19  return envelopes find that an absent voter has failed to meet 
 13.20  one of the requirements prescribed in clauses (a) (1) to 
 13.21  (c) (4), they shall mark the return envelope "Rejected," initial 
 13.22  or sign it below the word "Rejected," and return it to the 
 13.23  county auditor.  
 13.24     Sec. 24.  Minnesota Statutes 1994, section 203B.12, is 
 13.25  amended by adding a subdivision to read: 
 13.26     Subd. 7.  [NAMES OF PERSONS SUBMITTING ABSENTEE 
 13.27  BALLOTS.] The names of voters who have submitted an absentee 
 13.28  ballot return envelope to the county auditor or municipal clerk 
 13.29  may not be made available for public inspection until the close 
 13.30  of voting on election day.  
 13.31     Sec. 25.  Minnesota Statutes 1994, section 203B.13, 
 13.32  subdivision 1, is amended to read: 
 13.33     Subdivision 1.  [ESTABLISHMENT.] The governing body of 
 13.34  any county that has established a counting center as provided in 
 13.35  section 206.85, subdivision 2, any municipality may by 
 13.36  ordinance, or the school board of any school district may 
 14.1   by ordinance or resolution, authorize an absentee ballot board.  
 14.2   The board shall consist of a sufficient number of election 
 14.3   judges appointed as provided in sections 204B.19 to 204B.22.  
 14.4      Sec. 26.  Minnesota Statutes 1994, section 203B.13, 
 14.5   subdivision 2, is amended to read: 
 14.6      Subd. 2.  [DUTIES.] The absentee ballot board may do any of 
 14.7   the following:  
 14.8      (a) Receive from each precinct in the municipality or 
 14.9   school district all ballot envelopes marked "Accepted" by the 
 14.10  election judges; provided that the governing body of a 
 14.11  municipality or the school board of a school district may 
 14.12  authorize the board to examine all return absentee ballot 
 14.13  envelopes and receive or reject absentee ballots in the manner 
 14.14  provided in section 203B.12; 
 14.15     (b) Open and count the absentee ballots, tabulating the 
 14.16  vote in a manner that indicates each vote of the absentee voter 
 14.17  and the total absentee vote cast for each candidate or question 
 14.18  in each precinct; or 
 14.19     (c) Report the vote totals tabulated for each precinct.  
 14.20     The absentee ballot board may begin the process of 
 14.21  examining the return envelopes and marking them "accepted" or 
 14.22  "rejected" at any time during the 30 days before the election.  
 14.23  If an envelope has been rejected, the ballots in the envelope 
 14.24  must be considered spoiled ballots and the official in charge of 
 14.25  the absentee ballot board shall inform the voter who submitted 
 14.26  the absentee ballot.  The voter shall be provided with a 
 14.27  replacement absentee ballot and return envelope in place of the 
 14.28  spoiled ballot.  The secretary of state shall provide samples of 
 14.29  the replacement ballot and return envelope for use by the county 
 14.30  auditor. 
 14.31     Sec. 27.  Minnesota Statutes 1994, section 203B.16, is 
 14.32  amended by adding a subdivision to read: 
 14.33     Subd. 3.  [DUTIES OF MUNICIPAL CLERK.] The municipal clerk 
 14.34  shall administer the duties of the county auditor in sections 
 14.35  203B.16 to 203B.27 for municipal elections not held on the same 
 14.36  day as a state or county election.  
 15.1      Sec. 28.  Minnesota Statutes 1994, section 203B.19, is 
 15.2   amended to read: 
 15.3      203B.19 [RECORDING APPLICATIONS.] 
 15.4      Upon accepting an application, the county auditor shall 
 15.5   record in a permanent register on the statewide registration 
 15.6   system the voter's name, address of present or former residence 
 15.7   in Minnesota, mailing address, date of birth, school district 
 15.8   number, and the category under section 203B.16, to which the 
 15.9   voter belongs.  After recording this information, The county 
 15.10  auditor shall retain the application record for two years after 
 15.11  the date of the next state general election.  A voter whose name 
 15.12  is recorded as provided in this section shall not be required to 
 15.13  register under any other provision of law in order to vote under 
 15.14  sections 203B.16 to 203B.27.  
 15.15     Sec. 29.  Minnesota Statutes 1994, section 204B.06, is 
 15.16  amended by adding a subdivision to read: 
 15.17     Subd. 8.  [PROOF OF ELIGIBILITY.] A candidate for judicial 
 15.18  office or for the office of county attorney shall submit with 
 15.19  the affidavit of candidacy proof that the candidate is licensed 
 15.20  to practice law in this state. 
 15.21     A candidate for county sheriff shall submit with the 
 15.22  affidavit of candidacy proof of licensure as a peace officer in 
 15.23  this state. 
 15.24     Sec. 30.  Minnesota Statutes 1994, section 204B.15, is 
 15.25  amended to read: 
 15.26     204B.15 [UNORGANIZED TERRITORY; ELECTION PRECINCTS.] 
 15.27     A county board, at its meeting in either January or July, 
 15.28  upon the petition of not less than ten eligible voters residing 
 15.29  in unorganized territory more than ten miles from the polling 
 15.30  place in any established precinct, shall may establish a new 
 15.31  election precinct precincts to serve the residents of 
 15.32  unorganized territories.  The board shall designate a polling 
 15.33  place for the new precinct that is convenient for the 
 15.34  individuals residing in it or shall designate the precinct for 
 15.35  mail balloting as provided in section 204B.45.  No polling place 
 15.36  designated under this section shall be located within ten miles 
 16.1   of an existing polling place.  
 16.2      Sec. 31.  Minnesota Statutes 1994, section 204B.22, is 
 16.3   amended by adding a subdivision to read: 
 16.4      Subd. 4.  [TOWNS WITH FEWER THAN 500 VOTERS.] No more than 
 16.5   three election judges need be appointed for any town in which 
 16.6   fewer than 500 votes were cast at the last similar election. 
 16.7      Sec. 32.  Minnesota Statutes 1994, section 204B.27, is 
 16.8   amended by adding a subdivision to read: 
 16.9      Subd. 9.  [ELECTION SUPPLY CONTRACT.] The secretary of 
 16.10  state may enter into a statewide contract from which any county 
 16.11  auditor may purchase ballots, forms, or other election supplies. 
 16.12     Sec. 33.  Minnesota Statutes 1994, section 204B.31, is 
 16.13  amended to read: 
 16.14     204B.31 [COMPENSATION FOR ELECTION SERVICES.] 
 16.15     Subdivision 1.  [COMPENSATION.] The compensation for 
 16.16  services performed under the Minnesota election law shall be as 
 16.17  follows: 
 16.18     (a) To presidential electors from funds appropriated to the 
 16.19  secretary of state for this purpose, $35 for each day of 
 16.20  attendance at the capitol and mileage for travel to and from the 
 16.21  capitol in the amount allowed for state employees in accordance 
 16.22  with section 43A.18, subdivision 2; 
 16.23     (b) To individuals, other than county, city, school 
 16.24  district, or town employees during their normal work day, who 
 16.25  are appointed by the county auditor to carry ballots to or from 
 16.26  the county auditor's office, a sum not less than the prevailing 
 16.27  Minnesota minimum wage for each hour spent in carrying ballots 
 16.28  and mileage in the amount allowed pursuant to section 471.665, 
 16.29  subdivision 1; 
 16.30     (c) To members of county canvassing boards, a sum not less 
 16.31  than the prevailing Minnesota minimum wage for each hour 
 16.32  necessarily spent and an amount for each mile of necessary 
 16.33  travel equal to the amount allowed pursuant to section 471.665, 
 16.34  subdivision 1; 
 16.35     (d) To election judges serving in any city, an amount fixed 
 16.36  by the governing body of the city; to election judges serving in 
 17.1   any school district election which is not held in conjunction 
 17.2   with a state election, an amount fixed by the school board of 
 17.3   the school district; to election judges serving in unorganized 
 17.4   territory, an amount fixed by the county board; and to election 
 17.5   judges serving in towns, an amount fixed by the town board.  
 17.6   Election judges shall receive at least the prevailing Minnesota 
 17.7   minimum wage for each hour spent carrying out their duties at 
 17.8   the polling places and in attending training sessions required 
 17.9   by section 204B.25, except as provided in subdivisions 2 and 3.  
 17.10  An election judge who travels to pick up election supplies or to 
 17.11  deliver election returns to the county auditor shall receive, in 
 17.12  addition to other compensation authorized by this section, a sum 
 17.13  not less than the prevailing Minnesota minimum wage for each 
 17.14  hour spent performing these duties, plus mileage in the same 
 17.15  amount as allowed pursuant to section 471.665, subdivision 1; 
 17.16  and 
 17.17     (e) To sergeants at arms, an amount for each hour of 
 17.18  service performed at the direction of the election judges, fixed 
 17.19  in the same manner as compensation for election judges. 
 17.20     Subd. 2.  [VOLUNTEER SERVICE.] Any person appointed to 
 17.21  serve as an election judge may elect to serve without payment by 
 17.22  submitting a written statement to the appropriate governing body 
 17.23  no later than ten days before the election. 
 17.24     Subd. 3.  [CONTRACT FOR ELECTION JUDGES.] Any governing 
 17.25  body responsible for appointment of election judges may enter 
 17.26  into a contract or agreement for the recruitment of election 
 17.27  judges with a nonprofit charitable, civic, public service, 
 17.28  fraternal, or veterans organization that does not engage in 
 17.29  lobbying and does not support or oppose the nomination or 
 17.30  election of a candidate for political office or the passage of a 
 17.31  ballot question.  The contract or agreement must state the 
 17.32  hourly compensation of the election judges to be provided to the 
 17.33  governing body for appointment.  The governing body may pay the 
 17.34  nonprofit organization directly for the services of the election 
 17.35  judges provided by the organization. 
 17.36     Sec. 34.  Minnesota Statutes 1994, section 204B.36, 
 18.1   subdivision 2, is amended to read: 
 18.2      Subd. 2.  [CANDIDATES AND OFFICES.] The name of each 
 18.3   candidate shall be printed at a right angle to the length of the 
 18.4   ballot.  At a general election the name of the political party 
 18.5   or the political principle of each candidate for partisan office 
 18.6   shall be printed above or below the name of the candidate.  The 
 18.7   name of a political party or a political principle shall be 
 18.8   printed in capital and lower case letters of the same type, with 
 18.9   the capital letters at least one-half the height of the capital 
 18.10  letters used for names of the candidates.  At a general 
 18.11  election, blank lines containing the words "write-in, if any" 
 18.12  shall be printed below the name of the last candidate for each 
 18.13  office, or below the title of the office if no candidate has 
 18.14  filed for that office, so that a voter may write in the names of 
 18.15  individuals whose names are not on the ballot.  One blank line 
 18.16  shall be printed for each officer of that kind to be elected.  
 18.17  At a primary election, no blank lines shall be provided for 
 18.18  writing in the names of individuals whose names do not appear on 
 18.19  the primary ballot.  
 18.20     On the left side of the ballot at the same level with the 
 18.21  name of each candidate and each blank line shall be printed a 
 18.22  square in which the voter may designate a vote by a mark (X). 
 18.23  Each square shall be the same size.  Above the first name on 
 18.24  each ballot shall be printed the words, "Put an (X) in the 
 18.25  square opposite the name of each candidate you wish to vote 
 18.26  for."  At the same level with these words and directly above the 
 18.27  squares shall be printed a small arrow pointing downward.  
 18.28  Directly underneath the official title of each office shall be 
 18.29  printed the words "Vote for one" or "Vote for up to ..." (any 
 18.30  greater number to be elected). 
 18.31     Sec. 35.  Minnesota Statutes 1994, section 204B.45, 
 18.32  subdivision 1, is amended to read: 
 18.33     Subdivision 1.  [AUTHORIZATION.] Any statutory or home rule 
 18.34  charter city or town municipality having fewer than 400 
 18.35  registered voters on June 1 of an election year and not located 
 18.36  in a metropolitan county as defined by section 473.121 may 
 19.1   provide balloting by mail at any city, county, or state election 
 19.2   with no polling place other than the office of the auditor or 
 19.3   clerk.  The governing body may apply to the county auditor for 
 19.4   permission to conduct balloting by mail, subject to the approval 
 19.5   of the county auditor.  The county board may provide for 
 19.6   balloting by mail in unorganized territory. 
 19.7      The governing body of any municipality may designate for 
 19.8   mail balloting any precinct having fewer than 400 registered 
 19.9   voters on June 1 of any election year, subject to the approval 
 19.10  of the county auditor. 
 19.11     Voted ballots may be returned in person to the county 
 19.12  auditor or to any other location designated by the county 
 19.13  auditor. 
 19.14     Sec. 36.  Minnesota Statutes 1994, section 204B.46, is 
 19.15  amended to read: 
 19.16     204B.46 [MAIL ELECTIONS; QUESTIONS.] 
 19.17     A county, municipality, or school district submitting 
 19.18  questions to the voters at a special election may apply to the 
 19.19  county auditor for approval of an election by mail with no 
 19.20  polling place other than the office of the auditor or 
 19.21  clerk.  Voted ballots may be returned in person to the county 
 19.22  auditor or any other location designated by the county auditor.  
 19.23  No more than two questions may be submitted at a mail election 
 19.24  and no offices may be voted on.  Notice of the election and the 
 19.25  special mail procedure must be given at least six weeks prior to 
 19.26  the election.  No earlier than 20 or later than 14 days prior to 
 19.27  the election, the auditor or clerk shall mail ballots by 
 19.28  nonforwardable mail to all voters registered in the county, 
 19.29  municipality, or school district.  Eligible voters not 
 19.30  registered at the time the ballots are mailed may apply for 
 19.31  ballots pursuant to chapter 203B.  
 19.32     Sec. 37.  Minnesota Statutes 1994, section 204C.08, is 
 19.33  amended by adding a subdivision to read: 
 19.34     Subd. 2a.  [SAMPLE BALLOTS.] A sample ballot must be posted 
 19.35  in a conspicuous location in the polling place.  The sample 
 19.36  ballot must accurately reflect the offices, candidates, and 
 20.1   rotation sequence on the ballots used in that polling place. 
 20.2      Sec. 38.  Minnesota Statutes 1994, section 204C.15, 
 20.3   subdivision 1, is amended to read: 
 20.4      Subdivision 1.  [INTERPRETERS; PHYSICAL ASSISTANCE IN 
 20.5   MARKING BALLOTS.] A voter who claims under oath a need for 
 20.6   assistance because of inability to read English or physical 
 20.7   inability to mark a ballot may obtain the aid of two election 
 20.8   judges who are members of different major political parties.  
 20.9   The election judges shall mark the ballots as directed by the 
 20.10  voter and in as secret a manner as circumstances permit.  If the 
 20.11  voter is deaf or cannot speak English or understand it when it 
 20.12  is spoken, the election judges may select two individuals who 
 20.13  are members of different major political parties to act as 
 20.14  interpreters.  The interpreters shall take an oath similar to 
 20.15  that taken by election judges, and shall assist the individual 
 20.16  in marking the ballots.  A voter in need of assistance may 
 20.17  alternatively obtain the assistance of any individual the voter 
 20.18  chooses.  The individual who assists the voter shall take an 
 20.19  oath of eligibility to do so.  Only the following persons may 
 20.20  not provide assistance to a voter:  the voter's employer, an 
 20.21  agent of the voter's employer, an officer or agent of the 
 20.22  voter's union, or a candidate for election.  The person who 
 20.23  assists the voter shall, unaccompanied by an election judge, 
 20.24  retire with that voter to a booth and mark the ballot as 
 20.25  directed by the voter.  No person who assists another voter as 
 20.26  provided in the preceding sentence shall mark the ballots of 
 20.27  more than three voters at one election.  Before the ballots are 
 20.28  deposited, the voter may show them privately to an election 
 20.29  judge to ascertain that they are marked as the voter directed.  
 20.30  An election judge or other individual assisting a voter shall 
 20.31  not in any manner request, persuade, induce, or attempt to 
 20.32  persuade or induce the voter to vote for any particular 
 20.33  political party or candidate.  The election judges or other 
 20.34  individuals who assist the voter shall not reveal to anyone the 
 20.35  name of any candidate for whom the voter has voted or anything 
 20.36  that took place while assisting the voter. 
 21.1      Sec. 39.  Minnesota Statutes 1994, section 204C.31, 
 21.2   subdivision 2, is amended to read: 
 21.3      Subd. 2.  [STATE CANVASSING BOARD.] The state canvassing 
 21.4   board shall consist of the secretary of state, two judges of the 
 21.5   supreme court or the court of appeals, and two judges of the 
 21.6   district court selected by the secretary of state.  None of the 
 21.7   judges shall be a candidate at the election.  If a judge fails 
 21.8   to appear at the meeting of the canvassing board, the secretary 
 21.9   of state shall fill the vacancy in membership by selecting 
 21.10  another judge who is not a candidate at the election.  Not more 
 21.11  than two judges of the supreme court shall serve on the 
 21.12  canvassing board at one time.  
 21.13     Sec. 40.  Minnesota Statutes 1994, section 206.62, is 
 21.14  amended to read: 
 21.15     206.62 [SAMPLE BALLOTS.] 
 21.16     The officials who prepare ballot strips or ballot booklets 
 21.17  shall provide each polling place with at least two a sample 
 21.18  ballots which are facsimiles of ballot that accurately reflects 
 21.19  the offices, candidates, and rotation sequence on the ballot 
 21.20  strip or ballot booklet card to be voted on in that precinct.  
 21.21  Candidates' names may not be rotated on the sample ballots but 
 21.22  must be arranged in alphabetical order for all offices where 
 21.23  rotation of names on the official ballots is required by law.  
 21.24  The sample ballots may be either in full or reduced size.  They 
 21.25  must contain suitable illustrated directions for voting on a 
 21.26  lever voting machine or for operating a marking device, or 
 21.27  illustrated instructions must be provided on a separate poster 
 21.28  placed adjacent to each sample ballot.  The sample ballots must 
 21.29  be posted prominently in the polling place and must remain open 
 21.30  to inspection by the voters throughout election day.  
 21.31     Sec. 41.  Minnesota Statutes 1994, section 206.90, 
 21.32  subdivision 4, is amended to read: 
 21.33     Subd. 4.  [ABSENTEE VOTING.] An optical scan voting system 
 21.34  may be used for absentee voting as long as.  The county auditor 
 21.35  may supply an appropriate marking instrument is supplied to the 
 21.36  voter along with the ballot. 
 22.1      Sec. 42.  Minnesota Statutes 1994, section 206.90, 
 22.2   subdivision 6, is amended to read: 
 22.3      Subd. 6.  [BALLOTS.] In precincts using optical scan voting 
 22.4   systems, a single ballot card on which all ballot information is 
 22.5   included must be printed in black ink on white colored material 
 22.6   except that marks not to be read by the automatic tabulating 
 22.7   equipment may be printed in another color ink.  
 22.8      When optical scan ballots are used, the offices to be 
 22.9   elected must appear in the following order:  federal offices; 
 22.10  state legislative offices; constitutional offices; proposed 
 22.11  constitutional amendments; county offices and questions; 
 22.12  municipal offices and questions; school district offices and 
 22.13  questions; special district offices and questions; and judicial 
 22.14  offices. 
 22.15     On optical scan ballots, the names of candidates and the 
 22.16  words "yes" and "no" for ballot questions must be printed as 
 22.17  close to their corresponding vote targets as possible. 
 22.18     The line on an optical scan ballot for write-in votes must 
 22.19  contain the words "write-in, if any." 
 22.20     Sec. 43.  Minnesota Statutes 1994, section 207A.03, 
 22.21  subdivision 2, is amended to read: 
 22.22     Subd. 2.  [VOTER CERTIFICATION; BALLOT.] An individual 
 22.23  seeking to vote at the presidential primary shall request the 
 22.24  ballot of the party for whose candidates the individual wishes 
 22.25  to vote.  The voter registration certificate or duplicate 
 22.26  registration file polling place roster for the presidential 
 22.27  primary must list the names of the political parties appearing 
 22.28  on the ballot at the presidential primary.  Before receiving a 
 22.29  ballot, a voter shall sign the voter's certificate or duplicate 
 22.30  registration file polling place roster and shall place a check 
 22.31  mark beside indicate the name of the political party whose 
 22.32  ballot the voter requested. 
 22.33     Sec. 44.  Minnesota Statutes 1994, section 211A.02, 
 22.34  subdivision 2, is amended to read: 
 22.35     Subd. 2.  [INFORMATION REQUIRED.] The report to be filed by 
 22.36  a candidate or committee must include:  
 23.1      (1) the name of the candidate or ballot question; 
 23.2      (2) the name and address of the person responsible for 
 23.3   filing the report; 
 23.4      (3) the total amount of receipts and expenditures for the 
 23.5   period from the last previous report to five days before the 
 23.6   current report is due; 
 23.7      (4) the purpose for each expenditure; and 
 23.8      (5) the name of any individual or committee that during the 
 23.9   year has made one or more contributions that in the aggregate 
 23.10  are equal to or greater than $500 $300.  
 23.11     Sec. 45.  Minnesota Statutes 1994, section 211B.04, is 
 23.12  amended to read: 
 23.13     211B.04 [CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.] 
 23.14     (a) A person who participates in the preparation or 
 23.15  dissemination of campaign material other than as provided in 
 23.16  section 211B.05, subdivision 1, that does not prominently 
 23.17  include the name and address of the person or committee causing 
 23.18  the material to be prepared or disseminated in a disclaimer 
 23.19  substantially in the form provided in paragraph (b) or (c) is 
 23.20  guilty of a misdemeanor.  
 23.21     (b) Except in cases covered by paragraph (c), the required 
 23.22  form of disclaimer is:  "Prepared and paid for by the .......... 
 23.23  committee, .........(address)" for material prepared and paid 
 23.24  for by a principal campaign committee, or "Prepared and paid for 
 23.25  by the .......... committee, .........(address), in support of 
 23.26  .........(insert name of candidate or ballot question)" for 
 23.27  material prepared and paid for by a person or committee other 
 23.28  than a principal campaign committee. 
 23.29     (c) In the case of broadcast media, the required form of 
 23.30  disclaimer is:  "Paid for by the ............ committee." 
 23.31     (d) Campaign material that is not circulated on behalf of a 
 23.32  particular candidate or ballot question must also include in the 
 23.33  disclaimer either that it is "in opposition to .....(insert name 
 23.34  of candidate or ballot question.....)"; or that "this 
 23.35  publication is not circulated on behalf of any candidate or 
 23.36  ballot question." 
 24.1      (e)  This section does not apply to objects stating only 
 24.2   the candidate's name and the office sought, fundraising tickets, 
 24.3   or personal letters that are clearly being sent by the 
 24.4   candidate, except as otherwise provided in paragraph (g).  This 
 24.5   section does not apply to an individual acting independently of 
 24.6   any candidate, political committee, or political fund who spends 
 24.7   less than $300 and only from the individual's own resources for 
 24.8   campaign material more than 14 days before the election to which 
 24.9   the campaign material relates.  
 24.10     (f) This section does not modify or repeal section 211B.06. 
 24.11     (g) Notwithstanding contrary provisions in this section, if 
 24.12  two or more candidates have a surname with the same spelling and 
 24.13  simultaneously seek election to one or more offices that would 
 24.14  result in their appearing on the same ballot, each candidate's 
 24.15  campaign material must include the disclaimer required by this 
 24.16  section and must fully identify the candidate so as to 
 24.17  distinguish the candidate from any other candidate with the same 
 24.18  surname on the same ballot.  In addition to the disclaimer, the 
 24.19  material must include the candidate's surname and one of the 
 24.20  following:  the candidate's first name, first name and middle 
 24.21  initial, or initials only.  The material may also include the 
 24.22  candidate's occupation and address. 
 24.23     (h) It is a defense to a prosecution for failure to include 
 24.24  a disclaimer required by this section for the defendant to prove 
 24.25  by a preponderance of the evidence that the defendant reasonably 
 24.26  and in good faith believed that compliance with the disclaimer 
 24.27  requirement could expose the defendant to threats of, or actual, 
 24.28  reprisal, loss of employment, or physical coercion. 
 24.29     Sec. 46.  Minnesota Statutes 1994, section 211B.06, 
 24.30  subdivision 1, is amended to read: 
 24.31     Subdivision 1.  [GROSS MISDEMEANOR.] A person is guilty of 
 24.32  a gross misdemeanor who intentionally participates in the 
 24.33  preparation, dissemination, or broadcast of paid political 
 24.34  advertising or campaign material with respect to the personal or 
 24.35  political character or acts of a candidate, whether or not 
 24.36  defamatory, or with respect to the effect of a ballot question, 
 25.1   that the person knows or has reason to believe is false and that 
 25.2   is designed or tends to elect, injure, promote, or defeat a 
 25.3   candidate for nomination or election to a public office or to 
 25.4   promote or defeat a ballot question, that is false, and that the 
 25.5   person knows is false or communicates to others with reckless 
 25.6   disregard of whether it is false. 
 25.7      A person is guilty of a misdemeanor who intentionally 
 25.8   participates in the drafting of a letter to the editor with 
 25.9   respect to the personal or political character or acts of a 
 25.10  candidate, if defamatory, or with respect to the effect of a 
 25.11  ballot question, that the person knows is false and which is 
 25.12  designed or tends to elect, injure, promote, or defeat any 
 25.13  candidate for nomination or election to a public office or to 
 25.14  promote or defeat a ballot question, that is false, and that the 
 25.15  person knows is false or communicates to others with reckless 
 25.16  disregard of whether it is false. 
 25.17     Sec. 47.  Minnesota Statutes 1994, section 387.01, is 
 25.18  amended to read: 
 25.19     387.01 [QUALIFICATIONS; BOND; OATH.] 
 25.20     Every person who files as a candidate for county sheriff 
 25.21  must be licensed as a peace officer in this state.  Every person 
 25.22  elected or appointed to the office of sheriff after August 1, 
 25.23  1973, and not holding a certificate of satisfactory completion 
 25.24  of the basic course in training issued by the executive director 
 25.25  of the Minnesota peace officers training board, shall, within 
 25.26  one year after assuming office obtain such certificate, except 
 25.27  that sheriffs in office on August 1, 1973, shall be considered 
 25.28  to be qualified and eligible to continue in office as sheriff 
 25.29  and to be reelected to that office.  A sheriff who without good 
 25.30  cause does not obtain a certificate of satisfactory completion 
 25.31  as required by this section shall thereafter forfeit all 
 25.32  privileges and compensation, the office of sheriff shall be 
 25.33  deemed vacant, and the county board may fill said office at a 
 25.34  special election called for that purpose, but shall fill said 
 25.35  office no later than at the next general election must become 
 25.36  licensed as a peace officer before entering upon the duties of 
 26.1   the office. 
 26.2      Before entering upon duties every sheriff shall give bond 
 26.3   to the state in a sum not less than $25,000 in counties whose 
 26.4   population exceeds 150,000, and not less than $5,000 in all 
 26.5   other counties, to be approved by the county board, conditioned 
 26.6   that the sheriff will well and faithfully in all things perform 
 26.7   and execute the duties of office, without fraud, deceit, or 
 26.8   oppression, which bond, with an oath of office, shall be filed 
 26.9   for record with the county recorder. 
 26.10     Sec. 48.  Minnesota Statutes 1994, section 388.01, is 
 26.11  amended to read: 
 26.12     388.01 [ELECTION; QUALIFICATIONS; TERM.] 
 26.13     There shall be elected in each county a county attorney who 
 26.14  shall be learned in the licensed to practice law in this state, 
 26.15  and whose term of office shall be four years and until a 
 26.16  successor qualifies.  Before entering upon duties the county 
 26.17  attorney shall take an oath.  The oath must be filed for record 
 26.18  with the county recorder. 
 26.19     Sec. 49.  Minnesota Statutes 1994, section 626.846, 
 26.20  subdivision 6, is amended to read: 
 26.21     Subd. 6.  A person seeking election to the office of 
 26.22  sheriff must be licensed as a peace officer.  A person seeking 
 26.23  election or appointment to the office of sheriff, or seeking 
 26.24  appointment to the position of chief law enforcement officer, as 
 26.25  defined by the rules of the board, after June 30, 1987, must be 
 26.26  licensed or eligible to be licensed as a peace officer.  The 
 26.27  person shall submit proof of peace officer licensure or 
 26.28  eligibility as part of the application for office.  A person 
 26.29  elected or appointed to the office of sheriff or the position of 
 26.30  chief law enforcement officer shall be licensed as a peace 
 26.31  officer during the person's term of office or employment. 
 26.32     Sec. 50.  [ERRONEOUS PAYMENTS RATIFIED.] 
 26.33     Payments made by the state treasurer in 1990 under 
 26.34  Minnesota Statutes, section 10A.31, subdivision 6, are ratified, 
 26.35  notwithstanding any errors of the commissioner of revenue in 
 26.36  certifying the amounts due. 
 27.1      Sec. 51.  [REPEALER.] 
 27.2      Minnesota Statutes 1994, sections 10A.21, subdivisions 1 
 27.3   and 2; 204D.15, subdivision 2; and 211B.11, subdivision 2, are 
 27.4   repealed. 
 27.5      Sec. 52.  [EFFECTIVE DATE.] 
 27.6      Sections 6 and 45 are effective the day following final 
 27.7   enactment.  Sections 29, 47, and 49 are effective July 1, 1996, 
 27.8   and apply to persons who file as candidates for or who are 
 27.9   elected or appointed to the office of county sheriff on or after 
 27.10  that date.