SF 801

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:16am

A bill for an act
relating to elections; updating certain ballot and voting system requirements;
amending Minnesota Statutes 2008, sections 103C.305, subdivision 3; 203B.125;
204B.18; 204B.28, subdivision 2; 204C.08; 204C.13, subdivisions 2, 3,
5; 204C.19, subdivision 2; 204C.20, subdivisions 1, 2; 204C.21; 204C.22,
subdivisions 3, 4, 6, 7, 10; 204C.24, subdivision 1; 204C.25; 204C.26; 204C.27;
204C.28, subdivision 3; 204D.03, subdivision 3; 204D.05, subdivision 3;
204D.07; 204D.08; 204D.09, subdivision 2; 204D.10, subdivisions 1, 3;
204D.11, subdivision 1; 204D.12; 204D.13; 204D.16; 204D.165; 204D.25,
subdivision 1; 205.17, subdivisions 1, 3, 4, 5; 205A.08, subdivisions 1, 3, 4;
206.56, subdivision 3; 206.83; 206.84, subdivision 3; 206.86, subdivision 6;
206.90, subdivisions 9, 10; 208.04; 447.32, subdivision 4; proposing coding
for new law in Minnesota Statutes, chapters 204C; 204D; 205; repealing
Minnesota Statutes 2008, sections 204B.36; 204B.37; 204B.38; 204B.39;
204B.42; 204C.13, subdivision 4; 204C.20, subdivision 3; 204C.23; 204D.05,
subdivisions 1, 2; 204D.11, subdivisions 2, 3, 4, 5, 6; 204D.14, subdivisions 1, 3;
204D.15, subdivisions 1, 3; 205.17, subdivision 2; 206.56, subdivision 5; 206.61,
subdivisions 1, 3, 4, 5; 206.62; 206.84, subdivisions 1, 6, 7; 206.86, subdivisions
1, 2, 3, 4, 5; 206.90, subdivisions 3, 5, 6, 7, 8.

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

Section 1.

Minnesota Statutes 2008, section 103C.305, subdivision 3, is amended to
read:

Subd. 3.

Ballots.

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

Sec. 2.

Minnesota Statutes 2008, section 203B.125, is amended to read:

203B.125 SECRETARY OF STATE TO MAKE RULES.

The secretary of state shall adopt rules establishing methods and procedures for
issuing deleted text begin ballot cards deleted text end new text begin ballots new text end and related absentee forms to be used as provided in section
203B.08, subdivision 1a, and for the reconciliation of voters and deleted text begin ballot cards deleted text end new text begin ballots new text end
before tabulation under section 203B.12.

Sec. 3.

Minnesota Statutes 2008, section 204B.18, is amended to read:

204B.18 POLLING PLACES; EQUIPMENT.

Subdivision 1.

Booths; voting stations.

Each polling place must contain a number
of voting booths or voting stations in proportion to the number of individuals eligible
to vote in the precinct. Each booth or station must be at least six feet high, three feet
deep and two feet wide with a shelf at least two feet long and one foot wide placed at a
convenient height for writing. The booth or station shall permit the voter to vote privately
and independently. Each polling place must have at least one accessible voting booth
or other accessible voting station and beginning with federal and state elections held
after December 31, 2005, and county, municipal, and school district elections held after
December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of the Help
America Vote Act, Public Law 107-252. All booths or stations must be constructed so that
a voter is free from observation while marking ballots. During the hours of voting, the
booths or stations must have instructions, a pencil, and other supplies needed to mark the
ballots. new text begin Information needed to enable voters to mark ballots quickly and correctly must
be posted in each voting booth. new text end A chair must be provided for elderly voters and voters
with disabilities to use while voting or waiting to vote. Stable flat writing surfaces must
also be made available to voters who are completing election-related forms. All ballot
boxes, voting booths, voting stations, and election judges must be in open public view
in the polling place.

Subd. 2.

Ballot boxes.

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

Sec. 4.

Minnesota Statutes 2008, section 204B.28, subdivision 2, is amended to read:

Subd. 2.

Election supplies; duties of county auditors and clerks.

new text begin (a) new text end Except as
otherwise provided for absentee ballots in section 204B.35, subdivision 4, the county
auditor shall complete the preparation of the election materials for which the auditor is
responsible at least four days before every state primary and state general election. At any
time after all election materials are available from the county auditor but not later than
four days before the election each municipal clerk shall secure from the county auditor:

deleted text begin (a) deleted text end new text begin (1) new text end the forms that are required for the conduct of the election;

deleted text begin (b) deleted text end new text begin (2) new text end any printed voter instruction materials furnished by the secretary of state;

deleted text begin (c) deleted text end new text begin (3) new text end any other instructions for election officers; and

deleted text begin (d) deleted text end new text begin (4) new text end a sufficient quantity of the official ballots, registration files, envelopes for
ballot returns, and other supplies and materials required for each precinct in order to
comply with the provisions of the Minnesota Election Law. The county auditor may
furnish the election supplies to the municipal clerks in the same manner as the supplies are
furnished to precincts in unorganized territory pursuant to section 204B.29, subdivision 1.

new text begin (b) The official in charge of elections in each municipality where an electronic
voting system is used shall have the voting systems put in order, set, adjusted, and made
ready for voting when delivered to the election precincts. The official shall also provide
each precinct with a container for transporting ballots after the polls close. The container
must be of sturdy material to protect the ballots from all reasonably foreseeable hazards.
new text end

Sec. 5.

Minnesota Statutes 2008, section 204C.08, is amended to read:

204C.08 OPENING OF POLLING PLACES.

Subdivision 1.

new text begin Arrival; ballots. new text end

new text begin The election judges shall meet at the polling place
at least one hour before the time for opening the polls. Before the polls open, the election
judges shall compare the ballots used with the sample ballots, electronic ballot displays,
and audio ballot reader furnished to see that the names, numbers, and letters on both agree
and shall certify to that fact on forms provided for that purpose. The certification must
be filed with the election returns.
new text end

new text begin Subd. 1a. new text end

Display of flag.

Upon their arrival at the polling place on the day of
election, the election judges shall cause the national flag to be displayed on a suitable
staff at the entrance to the polling place. The flag shall be displayed continuously during
the hours of voting and the election judges shall attest to that fact by signing the flag
certification statement on the precinct summary statement. The election judges shall
receive no compensation for any time during which they intentionally fail to display
the flag as required by this subdivision.

Subd. deleted text begin 1a. deleted text end new text begin 1b. new text end

Voter's Bill of Rights.

The county auditor shall prepare and provide
to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as
set forth in this section. Before the hours of voting are scheduled to begin, the election
judges shall post it in a conspicuous location or locations in the polling place. The Voter's
Bill of Rights is as follows:

"VOTER'S BILL OF RIGHTS

For all persons residing in this state who meet federal voting eligibility requirements:

(1) You have the right to be absent from work for the purpose of voting during the
morning of election day.

(2) If you are in line at your polling place any time between 7:00 a.m. and 8:00
p.m., you have the right to vote.

(3) If you can provide the required proof of residence, you have the right to register
to vote and to vote on election day.

(4) If you are unable to sign your name, you have the right to orally confirm your
identity with an election judge and to direct another person to sign your name for you.

(5) You have the right to request special assistance when voting.

(6) If you need assistance, you may be accompanied into the voting booth by a
person of your choice, except by an agent of your employer or union or a candidate.

(7) You have the right to bring your minor children into the polling place and into
the voting booth with you.

(8) If you have been convicted of a felony but your felony sentence has expired (been
completed) or you have been discharged from your sentence, you have the right to vote.

(9) If you are under a guardianship, you have the right to vote, unless the court
order revokes your right to vote.

(10) You have the right to vote without anyone in the polling place trying to
influence your vote.

(11) If you make a mistake or spoil your ballot before it is submitted, you have the
right to receive a replacement ballot and vote.

(12) You have the right to file a written complaint at your polling place if you are
dissatisfied with the way an election is being run.

(13) You have the right to take a sample ballot into the voting booth with you.

(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
booth with you."

Subd. 2.

Posting of voting instructions.

Before the hours for voting are scheduled
to begin, the election judges shall post any official voter instruction posters furnished to
them in a conspicuous location or locations in the polling place.

Subd. 2a.

Sample ballots.

deleted text begin A deleted text end new text begin At least two new text end sample deleted text begin ballot deleted text end new text begin ballots new text end must be posted in a
conspicuous location in the polling place new text begin and must remain open to inspection by the voters
throughout election day new text end . The sample deleted text begin ballot deleted text end new text begin ballots new text end must accurately reflect the offices,
candidates, and rotation sequence on the ballots used in that polling place. new text begin The sample
ballots may be either in full or reduced size.
new text end

Subd. 3.

Locking of ballot deleted text begin boxes deleted text end new text begin box new text end .

Immediately before the time when voting
is scheduled to begin, one of the election judges shall open the ballot deleted text begin boxes deleted text end new text begin box new text end in the
presence of the individuals assembled at the polling place, deleted text begin turn the boxes upside down to deleted text end new text begin
demonstrate that it is new text end empty deleted text begin them deleted text end , lock deleted text begin them deleted text end new text begin it new text end , and deliver the key to another election
judge. The deleted text begin boxes deleted text end new text begin box new text end shall not be reopened except to count the ballots after the hours
for voting have ended and all voting has been concluded. The deleted text begin boxes deleted text end new text begin box new text end shall be kept
in public view at all times during voting hours. After locking the ballot deleted text begin boxes deleted text end new text begin box new text end , the
election judges shall proclaim that voting may begin, and shall post outside the polling
place conspicuous written or printed notices of the time when voting is scheduled to end.

Subd. 4.

Ballot deleted text begin boxes, deleted text end new text begin box new text end boxcar seals.

The governing body of a municipality or
school district by resolution may direct the municipal or school district clerk to furnish
a boxcar seal for each ballot box in place of a lock and key. Each seal shall consist of a
numbered deleted text begin metal deleted text end strap with a self-locking device securely attached to one end of the strap
so that the other end may be inserted and securely locked in the seal. No two deleted text begin metal deleted text end straps
shall bear the same number.

Sec. 6.

Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read:

Subd. 2.

Voting booths.

One of the election judges shall explain to the voter the
proper method of marking deleted text begin and folding deleted text end the ballots new text begin , of using the electronic ballot marker,
including assistive voting technology, of the option to insert the ballot into the electronic
ballot marker to examine the votes before inserting it into the ballot counter, of inserting
the ballot into automatic tabulating equipment that examines and counts votes, new text end and, during
a primary deleted text begin election deleted text end , the effect of attempting to vote in more than one party's primary. Except
as otherwise provided in section 204C.15, the voter shall retire alone to an unoccupied
voting booth and mark the ballots without undue delay. The voter may take sample ballots
into the booth to assist in voting. The election judges may adopt and enforce reasonable
rules governing the amount of time a voter may spend in the voting booth marking ballots.

Sec. 7.

Minnesota Statutes 2008, section 204C.13, subdivision 3, is amended to read:

Subd. 3.

Marking ballots.

The voter shall mark each ballot in the following manner:

(a) deleted text begin A mark (X) shall be placed in the square deleted text end new text begin The voter shall fill in the oval or connect
the arrow new text end opposite the printed name of each candidate for whom the individual desires to
vote, and in the square before the deleted text begin "YES" deleted text end new text begin "Yes" new text end or deleted text begin "NO" deleted text end new text begin "No" new text end if the individual desires
to vote for or against a question.

(b) The voter may write in other names on the lines provided under the printed
names of the candidates, except that no names shall be written in on primary ballots.

(c) At a state primary an individual may vote for candidates of only one major
political party on the partisan primary ballot. If a partisan primary ballot contains votes
for the candidates of more than one major political party, the ballot is totally defective and
no vote on new text begin the partisan section of new text end the ballot shall be counted.

(d) An individual who spoils a ballot may return it to the election judges and receive
another.

Sec. 8.

Minnesota Statutes 2008, section 204C.13, subdivision 5, is amended to read:

Subd. 5.

Deposit of ballots in ballot deleted text begin boxes deleted text end new text begin box new text end .

The voter shall then withdraw
from the voting booth with the ballots and deleted text begin hand them to the election judge in charge of
the ballot boxes. That election judge shall deleted text end immediately deposit each ballot in the deleted text begin proper deleted text end new text begin
ballot new text end box. Ballots that have not been initialed by the election judges as provided in
section 204C.09, shall not be deposited in the ballot box.

Sec. 9.

new text begin [204C.185] DUTIES OF ELECTION JUDGES.
new text end

new text begin Subdivision 1. new text end

new text begin Damaged or defective ballots. new text end

new text begin If a ballot is damaged or defective so
that it cannot be counted properly by the automatic tabulating equipment, a true duplicate
copy must be made of the damaged ballot in the presence of two judges not of the same
major political party and must be substituted for the damaged ballot. Likewise, a duplicate
ballot must be made of a defective ballot which may not include the votes for the offices
for which it is defective. Duplicate ballots must be clearly labeled "duplicate," indicate the
precinct in which the corresponding damaged or defective ballot was cast, bear a serial
number which must be recorded on the damaged or defective ballot, and be counted
in lieu of the damaged or defective ballot.
new text end

new text begin Subd. 2. new text end

new text begin Rejected ballots. new text end

new text begin Whenever a ballot created by an electronic ballot marker
certified by the secretary of state is rejected by an optical scan voting system, two election
judges who are members of different major political parties shall transcribe the votes on
the ballot rejected by the optical scan voting system using the procedures in subdivision 1.
new text end

Sec. 10.

Minnesota Statutes 2008, section 204C.19, subdivision 2, is amended to read:

Subd. 2.

Ballots; order of counting.

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

Sec. 11.

Minnesota Statutes 2008, section 204C.20, subdivision 1, is amended to read:

Subdivision 1.

Determination of proper number.

The election judges shall
determine the number of ballots to be counted by adding the number of return envelopes
from accepted absentee ballots to the number of signed voter's certificates, or to the number
of names entered in the election register. deleted text begin The election judges shall then remove all the
ballots from the box. Without considering how the ballots are marked, the election judges
shall ascertain that each ballot is separate and shall count them to determine whether the
number of ballots in the box corresponds with the number of ballots to be counted.
deleted text end

Sec. 12.

Minnesota Statutes 2008, section 204C.20, subdivision 2, is amended to read:

Subd. 2.

Excess ballots.

deleted text begin If two or more ballots are found folded together like a
single ballot, the election judges shall lay them aside until all the ballots in the box have
been counted. If it is evident from the number of ballots to be counted that the ballots
folded together were cast by one voter, the election judges shall preserve but not count
them. deleted text end If the number of ballots in deleted text begin one deleted text end new text begin the ballot new text end box exceeds the number to be counted, the
election judges shall examine all the ballots in the box to ascertain that all are properly
marked with the initials of the election judges. If any ballots are not properly marked with
the initials of the election judges, the election judges shall preserve but not count them;
however, if the number of ballots does not exceed the number to be counted, the absence
of either or both sets of initials of the election judges does not, by itself, disqualify the
vote from being counted and must not be the basis of a challenge in a recount. If there is
still an excess of properly marked ballots, the election judges shall replace them in the
box, and one election judge, without looking, shall withdraw from the box a number
of ballots equal to the excess. The withdrawn ballots shall not be counted but shall be
preserved as provided in subdivision 4.

Sec. 13.

new text begin [204C.205] COUNTING BALLOTS.
new text end

new text begin In precincts in which automatic tabulating equipment is located in the polling place,
as soon as the polls are closed the election judges shall secure the voting systems against
further voting. A tabulation of ballots must be obtained from the automatic tabulating
equipment after all damaged or defective ballots have been replaced. The tabulation,
together with the returns of write-in and absentee votes and the precinct summary
statements prepared in accordance with section 204C.24, constitute the official return of
each precinct. Upon completion of the count, the returns are open to the public.
new text end

Sec. 14.

new text begin [204C.206] COUNTING BALLOTS CENTRALLY.
new text end

new text begin Subdivision 1. new text end

new text begin At the voting location. new text end

new text begin In precincts in which automatic tabulating
equipment is located in a central location, as soon as the polls are closed the election
judges shall secure the voting systems against further voting. They shall then open the
ballot box and count the number of ballots that have been cast to determine that the
number of ballots does not exceed the number of voters shown on the election register.
If there is an excess, the judges shall seal the ballots in a ballot container and transport
the container to the county auditor or municipal clerk who shall process the ballots in the
same manner as required in section 204C.20, subdivision 2, then enter the ballots into the
ballot counter. The total numbers of voters must be entered on the forms provided.
new text end

new text begin Subd. 2. new text end

new text begin Transportation of ballots. new text end

new text begin The judges shall place all voted ballots,
defective ballots, and damaged ballots in the container provided for transporting them
to the counting center. The container must be sealed and delivered immediately to the
counting center by two judges who are not of the same major political party. The judges
shall also deliver to the counting center, in a suitable container, the unused ballots, and the
spoiled ballot envelope.
new text end

new text begin Subd. 3. new text end

new text begin Counting centers open; security. new text end

new text begin Proceedings at the counting center are
open to the public. They are under the direction of the official in charge of elections in
each municipality and must be under the observation of at last two election judges who
are not of the same major political party. Only persons employed and authorized for the
purpose may touch any ballot, ballot container, or statement of absentee ballot results.
new text end

new text begin Subd. 4. new text end

new text begin Preliminary tabulation. new text end

new text begin When the ballots arrive at a counting center
where votes are counted by automatic tabulating equipment that is programmed to
tabulate the votes from multiple precincts, the ballots must be given to the counting center
election judges and counted by the automatic tabulating equipment. The results of this
preliminary tabulation may be made available to the public if the tabulation is clearly
identified as unofficial.
new text end

new text begin After any preliminary tabulation has been made, any ballots that could not be read
by the tabulator, or would not go through the tabulator, must be returned to the counting
center election judges who shall prepare replacements, if necessary, as provided in section
204C.185.
new text end

new text begin Subd. 5. new text end

new text begin Final tabulation. new text end

new text begin A final tabulation of ballots must be obtained from the
automatic tabulating equipment after all damaged or defective ballots have been replaced.
The final tabulation, together with the returns of write-in and absentee votes and the
precinct summary statements prepared in accordance with section 204C.24, constitute
the official return of each precinct. Upon completion of the count the returns are open
to the public.
new text end

Sec. 15.

Minnesota Statutes 2008, section 204C.21, is amended to read:

204C.21 new text begin HAND new text end COUNTING BALLOTS; PILING SYSTEM.

Subdivision 1.

new text begin General. new text end

new text begin Ballots that are counted by hand shall be counted as
prescribed by this section.
new text end

new text begin Subd. 1a. new text end

Method.

new text begin The election judges shall remove all the ballots from the box.
Without considering how the ballots are marked, the election judges shall ascertain that
each ballot is separate and shall count them to determine whether the number of ballots in
the box corresponds with the number of ballots to be counted. If two or more ballots are
found folded together like a single ballot, the election judges shall lay them aside until
all the ballots in the box have been counted. If it is evident from the number of ballots
to be counted that the ballots folded together were cast by one voter, the election judges
shall preserve but not count them. new text end The election judges shall take all the ballots deleted text begin of the same
kind deleted text end and count the votes cast for each office or question, beginning with the first office
or question on the ballot. They shall make one pile of the ballots for each candidate
who received votes for that office, or one pile for the "Yes" votes and one pile for the
"No" votes on a question. They shall make a pile of totally defective ballots and a pile of
totally blank ballots. They shall make a pile of ballots that are not totally defective but are
defective with respect to the office or question being counted and a pile of ballots that
are not totally blank but are blank with respect to the office or question being counted.
After the separation into piles, the election judges shall examine each pile and remove and
place in the proper pile any ballots that are found in the wrong pile. The election judges
shall count the totally blank and totally defective ballots and set them aside until the
counting is over for that ballot. The election judges deleted text begin may deleted text end new text begin must new text end pile ballots crosswise in
groups of 25 in the same pile to facilitate counting. When their counts agree, the election
judges shall announce the number of ballots in each pile, and shall write the number in the
proper place on the summary statements.

The election judges shall then return all the counted ballots, and all the partially
defective or partially blank ballots, to the original pile to be separated and counted in the
same manner for the next office or question.

Subd. 2.

More than one candidate to be elected; piling.

Where more than one
candidate is to be elected to an office, the votes for that office shall be counted and
canvassed in the manner provided in subdivision deleted text begin 1 deleted text end new text begin 1a new text end as far as practicable.

new text begin Subd. 2a. new text end

new text begin Defective ballots. new text end

new text begin A ballot that is defective to the extent that the election
judges are unable to determine the voter's intent shall be marked on the back "Defective"
if it is totally defective or "Defective as to ......," naming the office or question if it is
defective only in part.
new text end

Subd. 3.

Primary.

At a primary the election judges shall first separate the deleted text begin partisan deleted text end
ballots by major political party and then count the votes for each office as provided in
subdivision deleted text begin 1 deleted text end new text begin 1a new text end . The nonpartisan new text begin races on the new text end primary ballots shall be counted deleted text begin separately deleted text end
after the partisan new text begin races on the new text end primary ballots have been counted.

Sec. 16.

Minnesota Statutes 2008, section 204C.22, subdivision 3, is amended to read:

Subd. 3.

Votes for too many candidates.

If a voter deleted text begin places a mark (X) deleted text end new text begin fills in the
oval or completes the arrow new text end beside the names of more candidates for an office than are to
be elected or nominated, the ballot is defective with respect only to that office. No vote
shall be counted for any candidate for that office, but the rest of the ballot shall be counted
if possible. At a primary, if a voter has not indicated a party preference and deleted text begin places a mark
(X) deleted text end new text begin fills in the oval or completes the arrow new text end beside the names of candidates of more than
one party on the partisan new text begin section of the new text end ballot, new text begin that section of new text end the ballot is totally defective
and no votes on it new text begin for partisan offices new text end shall be counted. If a voter has indicated a party
preference at a primary, only votes cast for candidates of that party shall be counted.

Sec. 17.

Minnesota Statutes 2008, section 204C.22, subdivision 4, is amended to read:

Subd. 4.

Name written in proper place.

If a voter has written the name of an
individual in the proper place on a general or special election ballot a vote shall be counted
for that individual whether or not the voter deleted text begin makes a mark (X) in the square deleted text end new text begin fills in the oval
or completes the arrow new text end opposite the blank.

Sec. 18.

Minnesota Statutes 2008, section 204C.22, subdivision 6, is amended to read:

Subd. 6.

Mark out of place.

If a mark deleted text begin (X) deleted text end is made out of its proper place, but so
near a name or space as to indicate clearly the voter's intent, the vote shall be counted.

Sec. 19.

Minnesota Statutes 2008, section 204C.22, subdivision 7, is amended to read:

Subd. 7.

All written names or marks counted up to limit.

If a number of
individuals are to be elected to the same office, the election judges shall count all names
written in and all printed names with deleted text begin (X) marks in squares deleted text end new text begin fills in the oval or completes the
arrow new text end opposite them, not exceeding the whole number to be elected. When fewer names
than the number to be elected deleted text begin are marked with an (X) deleted text end new text begin have ovals filled in or completed
arrows new text end or written in, only the marked or written in names shall be counted. When more
names than the number to be elected are marked or written in, the ballot is defective with
respect to that office and no vote shall be counted for that office.

Sec. 20.

Minnesota Statutes 2008, section 204C.22, subdivision 10, is amended to read:

Subd. 10.

Different marks.

If a voter uniformly uses a mark deleted text begin other than (X) deleted text end which
clearly indicates an intent to mark a name or to mark yes or no on a question, and the
voter does not use deleted text begin (X) deleted text end new text begin the more standard mark new text end anywhere else on the ballot, a vote shall
be counted for each candidate or response to a question marked. If a voter uses two or
more distinct marks, such as (X) and some other mark, a vote shall be counted for each
candidate or response to a question marked, unless the ballot is marked by distinguishing
characteristics that make the entire ballot defective as provided in subdivision 13.

Sec. 21.

Minnesota Statutes 2008, section 204C.24, subdivision 1, is amended to read:

Subdivision 1.

Information requirements.

Precinct summary statements shall be
submitted by the election judges in every precinct. For all elections, the election judges
shall complete three or more copies of the summary statements, and each copy shall
contain the following information for each kind of ballot:

(a) the number of votes each candidate received or the number of yes and no votes
on each question, the number of undervotes or partially blank ballots, and the number of
overvotes or partially defective ballots with respect to each office or question;

(b) the number of totally blank ballots, the number of totally defective ballots, the
number of spoiled ballots, and the number of unused ballots;

(c) the number of individuals who voted at the election in the precinct;

(d) the number of voters registering on election day in that precinct; and

(e) the signatures of the election judges who counted the ballots certifying that all of
the ballots cast were properly deleted text begin piled, checked, and deleted text end counted; and that the numbers entered
by the election judges on the summary statements correctly show the number of votes cast
for each candidate and for and against each question.

At least two copies of the summary statement must be prepared for elections not
held on the same day as the state elections.

Sec. 22.

Minnesota Statutes 2008, section 204C.25, is amended to read:

204C.25 DISPOSITION OF BALLOTS.

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

Sec. 23.

Minnesota Statutes 2008, section 204C.26, is amended to read:

204C.26 SUMMARY STATEMENTS AND ENVELOPES FOR BALLOT
RETURNS; ELECTION OFFICIALS TO FURNISH.

Subdivision 1.

Summary statements.

For state elections new text begin in jurisdictions in which
the ballots are counted by hand new text end , deleted text begin each official responsible for printing ballots deleted text end new text begin the county
auditor new text end shall furnish three or more blank summary statement forms for the returns of
those ballots for each precinct. At least two copies of the summary statement must be
prepared for elections not held on the same day as the state elections. The blank summary
statement forms shall be furnished new text begin by the same official, new text end at the same time new text begin , new text end and in the same
manner as the ballots. deleted text begin The county auditor shall furnish blank summary statement forms
containing separate space for the summary statement of the returns of the white ballot and
the summary statement of the returns for the state pink ballot.
deleted text end

Subd. 2.

Summary statements; contents.

The blank summary statement forms
furnished to each precinct shall identify the precinct, ward number if any, city, school
district if applicable, or town, date, and kind of election and, under appropriate headings
deleted text begin identifying each color ballot deleted text end , shall contain spaces for the election judges to enter the
information required by section 204C.24, subdivision 1.

Each blank summary statement form shall also contain a certificate to be signed by
the election judges stating that the national flag was displayed on a suitable staff during
voting hours; that all of the ballots cast were properly deleted text begin piled, checked, and deleted text end counted; and
that the numbers entered by the election judges on the summary statements correctly show
the number of votes cast for each candidate and for and against each question.

Subd. 3.

Secretary of state.

On or before July 1 of each even-numbered year, the
secretary of state shall prescribe the form for summary statements of election returns
and the methods by which returns for the state primary and state general election shall
be recorded by precinct, county, and state election officials. Each county auditor and
municipal or school district clerk required to furnish summary statements shall prepare
them in the manner prescribed by the secretary of state. The summary statement of
the primary returns shall be in the same form as the summary statement of the general
election returns except that a separate part of the summary statement shall be provided for
the partisan new text begin races on the new text end primary ballot and a separate part for the nonpartisan new text begin races on
the new text end primary ballot.

Subd. 4.

Envelopes for counted ballots.

Each official responsible for printing
ballots shall also furnish envelopes to contain those ballots after they have been counted.
The envelopes shall be made of heavy paper deleted text begin , printed or marked to distinguish the color of
the ballots to be contained in them deleted text end . They shall be of convenient size to hold the ballots
and shall be furnished at the same time and in the same manner as the ballots.

Sec. 24.

Minnesota Statutes 2008, section 204C.27, is amended to read:

204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.

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

Sec. 25.

Minnesota Statutes 2008, section 204C.28, subdivision 3, is amended to read:

Subd. 3.

School district returns and materials.

At a school district election held in
conjunction with a state election, the county auditor or municipal clerk shall deliver the
summary statements of the school district election returns deleted text begin , all unused and spoiled school
district ballots, and the envelope containing the school district ballots deleted text end from each precinct
to the clerk of the appropriate school district within 48 hours after the polls close.

Sec. 26.

Minnesota Statutes 2008, section 204D.03, subdivision 3, is amended to read:

Subd. 3.

Exception; certain partisan candidates.

deleted text begin (a) If no more than one
candidate files for nomination by a major political party for a partisan office, the candidate
who filed must be declared the nominee upon the close of filing. If every candidate for a
partisan office has been declared the nominee upon the close of filing, the office must be
omitted from the state primary ballot. If all offices, both partisan and nonpartisan, have
been omitted from the state primary ballot in a municipality or county, the governing body
of the municipality or county may decide that the state primary will not be conducted in
that municipality or county.
deleted text end

deleted text begin (b) deleted text end Within 15 days after the close of filing, each municipal clerk or county auditor
whose governing body has decided not to conduct the state primary new text begin in accordance with
section 204D.08, subdivision 4, new text end shall post notice that the offices have been so omitted and
the state primary canceled and shall send a copy of the notice to the secretary of state.

Sec. 27.

new text begin [204D.045] BALLOTS; FORM.
new text end

new text begin Subdivision 1. new text end

new text begin Type. new text end

new text begin All ballots must be printed with black ink on white paper of
sufficient thickness to prevent the printing from being discernible from the back, except
that marks not to be read by the automatic tabulating equipment may be printed in another
color ink. All ballots must be printed in easily readable type with suitable lines dividing
candidates, offices, instructions, and other matter printed on ballots.
new text end

new text begin Subd. 2. new text end

new text begin Titles. new text end

new text begin On the top of all ballots must be printed the words "Official
Ballot," the date of the election, and lines for the initials of at least two election judges.
The instructions must read:
new text end

new text begin "To vote, completely fill in the oval(s) next to your choice(s) like this:" with the picture
of a completed oval; or "To vote, complete the arrow(s) pointing to your choice(s) like
this:" with the picture of a completed arrow. Additional instructions must include the
following statement: "If you make a mistake, ask for a new ballot." Directly underneath
the official title of each office must be printed the words "Vote for one" or "Vote for up
to ..." (any greater number to be elected).
new text end

new text begin Subd. 3. new text end

new text begin Candidates and offices. new text end

new text begin The name of each candidate must be printed at a
right angle to the length of the ballot. The name of each candidate must be printed in upper
and lower case letters. Candidates' names may be set in as large type as the length of the
majority of names on the ballot permits. The remaining candidates' names may be set in
smaller sizes of type as the length of each name requires, in order to fit the available space
on the ballot. At a general election, the name of the political party or the political principle
of each candidate for partisan office must be printed below the name of the candidate. The
name of a political party or a political principle must be printed in capital and lowercase
letters of the same type. At a general election, blank lines containing the words "write-in,
if any" must be printed below the name of the last candidate for each office, or below the
title of the office if no candidate has filed for that office, so that a voter may write in the
names of individuals whose names are not on the ballot. One blank line must be printed
for each officer of that kind to be elected. At a primary, no blank lines may be provided for
writing in the names of individuals whose names do not appear on the primary ballot.
new text end

new text begin In a column, and on a line with the names of the candidates and the blank lines, there
must be placed ovals or arrows, each oval or arrow to be of the same size, located as close
as possible to the name of the candidate or the words yes or no, in which the voter may
designate a vote by completely filling in the oval or connecting the arrow.
new text end

new text begin Subd. 4. new text end

new text begin Question; form of ballot. new text end

new text begin When a question is to be submitted to a vote, a
concise statement of the nature of the question must be printed on the ballot. The words,
"Yes" and "No" must be printed, with an oval or arrow next to each word so that the voter
may indicate either a negative or affirmative vote.
new text end

new text begin Subd. 5. new text end

new text begin Judicial candidates. new text end

new text begin The official ballot must contain the names of all
candidates for each judicial office and must state the number of those candidates for
whom a voter may vote. Each seat for an associate justice, associate judge, or judge of the
district court must be numbered.
new text end

new text begin The words "Supreme Court," "Court of Appeals," and "(number) District Court" must be
printed above the respective judicial office groups on the ballot. The title of each judicial
office must be printed on the official primary and general election ballot as follows:
new text end

new text begin (a) In the case of the Supreme Court:
new text end

new text begin "Chief Justice";
new text end

new text begin "Associate Justice (number)";
new text end

new text begin (b) In the case of the Court of Appeals:
new text end

new text begin "Judge (number)"; or
new text end

new text begin (c) In the case of the District Court:
new text end

new text begin "Judge (number)."
new text end

new text begin Subd. 6. new text end

new text begin Designation of incumbent; judicial offices. new text end

new text begin If a chief justice, associate
justice, or judge is a candidate to succeed again, the word "Incumbent" must be printed
after or below that judge's name as a candidate.
new text end

Sec. 28.

new text begin [204D.046] NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE
WORDS.
new text end

new text begin When the similarity of surnames of two or more candidates for the same office at the
same election may cause confusion to voters, up to three additional words may be printed
on the ballot after each surname to indicate the candidate's occupation, office, residence,
or any combination of them if the candidate furnishes the identifying words to the filing
officer by the last day for withdrawal of candidacy.
new text end

Sec. 29.

new text begin [204D.047] SUBSTITUTE BALLOTS.
new text end

new text begin If a sufficient number of official ballots are not delivered or if the official ballots
are stolen or destroyed and a sufficient number of official ballots cannot be procured, the
official in charge of preparing the official ballots shall prepare substitute ballots in the
form prescribed by this section. The substitute ballots must be prepared in the same form
as official ballots as far as practicable. The word "Substitute" must be printed in brackets
immediately above the words "Official Ballot." When the substitute ballots are delivered
to the municipal clerks or election judges they must be accompanied by an initialed
affidavit of the officer preparing them. The affidavit must state that the substitute ballots
have been prepared and furnished in the manner prescribed by this section and must state
the reason why sufficient official ballots were not ready for delivery. The election judges
shall include this affidavit with the election returns from that precinct.
new text end

Sec. 30.

new text begin [204D.048] PAPER COLOR FOR SAMPLE BALLOTS; PENALTY.
new text end

new text begin No sample ballot may be printed on white paper except when appearing in a
newspaper as news matter. A violation of this section is a misdemeanor.
new text end

Sec. 31.

Minnesota Statutes 2008, section 204D.05, subdivision 3, is amended to read:

Subd. 3.

County auditor to prepare.

The county auditor of each county shall
prepare the state deleted text begin partisan deleted text end primary ballot and deleted text begin the state and county nonpartisan primary
ballot deleted text end new text begin provide all sample ballots, precinct summary statements, printed forms, and other
necessary supplies new text end .

Sec. 32.

Minnesota Statutes 2008, section 204D.07, is amended to read:

204D.07 PLACING NAMES ON BALLOTS.

Subdivision 1.

Duties of county auditor.

Except as provided in subdivisions 2 and
3, the county auditor shall new text begin list in the appropriate new text end place on the deleted text begin appropriate deleted text end state primary
ballot the name of each candidate who has properly filed an affidavit of candidacy with
the auditor and of each candidate certified by the secretary of state pursuant to section
204D.06.

Subd. 2.

Exception; petition candidates.

The name of a candidate nominated by
petition shall not be placed on deleted text begin any deleted text end new text begin the new text end state primary ballot.

Subd. 3.

Exception; certain nonpartisan candidate.

If not more than twice the
number of individuals to be elected to a nonpartisan office file for the nomination, their
names and the name of the office shall be omitted from the state deleted text begin and county nonpartisan deleted text end
primary ballot and the candidates who filed shall be the nominees.

Sec. 33.

Minnesota Statutes 2008, section 204D.08, is amended to read:

204D.08 STATE PRIMARY BALLOTS.

Subdivision 1.

Form.

Except as provided in this section, state primary ballots deleted text begin shall deleted text end new text begin
must new text end be printed in the same manner as state general election ballots as far as practicable.
A sufficient number deleted text begin shall deleted text end new text begin must new text end be printed for each precinct and ward in the state.

The secretary of state shall adopt rules for the format and preparation of the state
primary ballot.

new text begin Subd. 1a. new text end

new text begin Heading; voter instructions; partisan and nonpartisan sections. new text end

new text begin The
state primary ballot must be headed by the words "State Primary Ballot." If a primary
ballot contains both a partisan and a nonpartisan section, the instructions to voters must
include a statement that reads substantially as follows: "This ballot contains a partisan and
a nonpartisan section. On the partisan section, you are only allowed to vote for candidates
of one political party." If only partisan races are listed on the ballot, above the party
names, the following statement must be printed. "You are only allowed to vote for the
candidates of one political party in a primary." If a primary ballot contains political party
columns on both sides of the ballot, the instructions to voters must include a statement
that reads substantially as follows: "Additional political parties are printed on the other
side of this ballot. Vote for one political party only." At the bottom of each political party
column on the primary ballot, the ballot must contain a statement that reads substantially
as follows: "Continue voting in the nonpartisan section."
new text end

Subd. 2.

Blank lines prohibited.

At a primary deleted text begin election deleted text end , no blank lines shall
be provided for writing in the names of individuals whose names do not appear on the
primary ballot.

Subd. 3.

deleted text begin Rotation deleted text end new text begin Alternation new text end of names.

On state primary ballots the name of each
candidate for nomination to a partisan or nonpartisan office shall be deleted text begin rotated deleted text end new text begin alternated new text end
with the names of the other candidates for nomination to that office new text begin in various precincts
new text end so that the name of each candidate appears substantially an equal number of times at the
top, at the bottom, and at each intermediate place in that group of candidates. new text begin However,
the arrangement of candidates' names must be the same on all ballots used in the same
precinct. If the number of names to be alternated exceeds the number of precincts, the
county auditor shall determine by lot the alternation of names. new text end If the number of candidates
for an office is equal to or less than the number to be elected, no deleted text begin rotation deleted text end new text begin alternation new text end
of candidate names is required and the official preparing the ballot shall determine the
position of the candidates by lot.

Subd. 4.

State deleted text begin partisan deleted text end primary ballot; party columns.

deleted text begin The state partisan primary
ballot shall be headed by the words "State Partisan Primary Ballot." The ballot shall be
printed on white paper. deleted text end There must be at least three vertical columns on the ballot and
each major political party shall have a separate column headed by the words "..........
Party," giving the party name. deleted text begin Above the party names, the following statement shall be
printed. deleted text end new text begin More than one column may be used for the same office or party.
new text end

deleted text begin "Minnesota Election Law permits you to vote for the candidates of only one political
party in a state partisan primary election."
deleted text end

If there are only two major political parties to be listed on the ballot, one party must
occupy the left-hand column, the other party must occupy the right-hand column, and the
center column must contain the following statement:

"Do not vote for candidates of more than one party."

The names of the candidates seeking the nomination of each major political party
shall be listed in that party's column. If only one individual files an affidavit of candidacy
seeking the nomination of a major political party for an office, the name of that individual
shall be placed on the state deleted text begin partisan deleted text end primary ballot at the appropriate location in that
party's column.

deleted text begin In each column, the candidates for senator in Congress shall be listed first, candidates
for representative in Congress second, candidates for state senator third, candidates for
state representative fourth and then candidates for state office in the order specified by
the secretary of state.
deleted text end

new text begin If no more than one candidate files for nomination by a major political party for a
partisan office, the candidate who filed must be declared the nominee upon the close of
filing. If every candidate for a partisan office has been declared the nominee upon the
close of filing, the office must be omitted from the state primary ballot. If all offices, both
partisan and nonpartisan, have been omitted from the state primary ballot in a municipality
or county, the governing body of the municipality or county may decide that the state
primary will not be conducted in that municipality or county.
new text end

The party columns shall be substantially the same in width, type, and appearance.
The columns shall be separated by a deleted text begin 12-point deleted text end solid line.

Subd. 5.

Party columns; arrangement.

The names of candidates for nomination of
the major political party that received the smallest average vote at the last state general
election must be placed in the first column on the left side of the ballot. The names of
candidates for nomination of the major political party that received the next smallest
average vote at the last state general election must be placed in the second column, and
so on. The average vote shall be computed in the manner provided in section 204D.13,
subdivision 2.

Subd. 6.

deleted text begin State and county deleted text end Nonpartisan deleted text begin primary ballot deleted text end new text begin section new text end .

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

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

Sec. 34.

Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read:

Subd. 2.

Sample ballot.

At least two weeks before the state primary the county
auditor shall prepare a sample state deleted text begin partisan deleted text end primary ballot deleted text begin and a sample state and county
nonpartisan primary ballot deleted text end for public inspection. The names of all of the candidates to
be voted for in the county shall be placed on the sample ballots, with the names of the
candidates for each office arranged alphabetically according to the surname. Only one
sample state deleted text begin partisan deleted text end primary ballot deleted text begin and one sample state and county nonpartisan ballot deleted text end
shall be prepared for any county. The county auditor shall post the sample ballots in a
conspicuous place in the auditor's office and shall cause them to be published at least one
week before the state primary in at least one newspaper of general circulation in the county.

Sec. 35.

Minnesota Statutes 2008, section 204D.10, subdivision 1, is amended to read:

Subdivision 1.

Partisan offices; nominees.

The candidate for nomination of a
major political party for a partisan office on the state deleted text begin partisan deleted text end primary ballot who receives
the highest number of votes shall be the nominee of that political party for that office,
except as otherwise provided in subdivision 2.

Sec. 36.

Minnesota Statutes 2008, section 204D.10, subdivision 3, is amended to read:

Subd. 3.

Nonpartisan offices; nominees.

The candidates for each new text begin nonpartisan
new text end office on the state deleted text begin and county nonpartisan deleted text end primary ballot receiving the highest and the
next highest number of votes shall be the nominees for that office. When more than one
individual is to be elected to the same nonpartisan office, the number of nominees shall
be equal to twice the number of individuals to be elected, and that number of candidates
receiving the highest number of votes shall be the nominees for that office.

Sec. 37.

Minnesota Statutes 2008, section 204D.11, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin White deleted text end Ballot; rules.

deleted text begin The names of the candidates for all partisan
offices voted on at the state general election shall be placed on a single ballot printed on
white paper which shall be known as the "white ballot." This deleted text end new text begin The state general election new text end
ballot shall be prepared by the county auditor subject to the rules of the secretary of state.
The secretary of state shall adopt rules for preparation and time of delivery of the deleted text begin white deleted text end
ballot.

Sec. 38.

Minnesota Statutes 2008, section 204D.12, is amended to read:

204D.12 NAMES PLACED ON GENERAL ELECTION BALLOTS.

Without payment of an additional fee, the county auditor shall place on the
appropriate state general election ballot the name of every candidate:

(a) whose nomination at the state primary has been certified by the appropriate
canvassing board;

(b) who has been nominated by petition, including candidates certified by the
secretary of state; and

(c) who was nominated and whose name was omitted from the state deleted text begin nonpartisan deleted text end
primary ballot pursuant to section new text begin 204D.03, subdivision 3, or new text end 204D.07, subdivision 3.
Only the names of duly nominated candidates may be placed on a ballot.

Sec. 39.

Minnesota Statutes 2008, section 204D.13, is amended to read:

204D.13 deleted text begin WHITE deleted text end new text begin STATE GENERAL ELECTION new text end BALLOT; deleted text begin PARTISAN deleted text end
OFFICES new text begin ; CANDIDATES new text end .

Subdivision 1.

new text begin Ballot headings. new text end

new text begin The state general election ballot must be headed
with the words "State General Election Ballot."
new text end

new text begin Subd. 1a. new text end

Order of offices.

The candidates deleted text begin for partisan offices deleted text end shall be placed on the
deleted text begin white deleted text end new text begin state general election new text end ballot in the following order: deleted text begin senator in Congress shall be first;
representative in Congress, second; state senator, third; and state representative, fourth.
The candidates for state offices shall follow in the order specified by the secretary of state deleted text end new text begin
federal offices; state legislative offices; constitutional offices; proposed constitutional
amendments; county offices and questions; municipal offices and questions; school
district offices and questions; special district offices and questions; and judicial offices new text end .
Candidates for new text begin president and vice president and new text end governor and lieutenant governor shall
appear so that a single vote may be cast for both offices.

Subd. 2.

Order of political parties.

The first name printed for each partisan office
on the deleted text begin white deleted text end ballot shall be that of the candidate of the major political party that received
the smallest average number of votes at the last state general election. The succeeding
names shall be those of the candidates of the other major political parties that received
a succeedingly higher average number of votes respectively. For the purposes of this
subdivision, the average number of votes of a major political party shall be computed by
dividing the total number of votes counted for all of the party's candidates for statewide
office at the state general election by the number of those candidates at the election.

Subd. 3.

Nominees by petition; placement on ballot.

The names of candidates
nominated by petition for a partisan office voted on at the state general election shall be
placed on the deleted text begin white deleted text end ballot after the names of the candidates for that office who were
nominated at the state primary. Prior to the state primary, the secretary of state shall
determine by lot the order of candidates nominated by petition. The drawing of lots must
be by political party or principle. The political party or political principle of the candidate
as stated on the petition shall be placed after the name of a candidate nominated by
petition. The word "nonpartisan" shall not be used to designate any partisan candidate
whose name is placed on the white ballot by nominating petition.

new text begin Subd. 4. new text end

new text begin Order of nonpartisan candidates. new text end

new text begin The names of candidates for
nonpartisan offices must be alternated in the manner provided for alternation of names of
partisan candidates on state primary ballots by section 204D.08, subdivision 4. Judicial
offices for a specific court for which there is only one candidate filed must appear after
all other judicial offices for that same court on the ballot.
new text end

new text begin Subd. 5. new text end

new text begin Constitutional amendments. new text end

new text begin The secretary of state shall provide an
appropriate title for each question. The title must be approved by the attorney general and
consist of not more than one printed line above the question to which it refers. Just below
the title, a conspicuous notice must be printed stating that a voter's failure to vote on a
constitutional amendment has the effect of a negative vote.
new text end

new text begin Subd. 6. new text end

new text begin Additional pages. new text end

new text begin When it would not be possible to place all offices on a
single ballot, the judicial offices may be placed instead on a separate ballot. This ballot
must be prepared by the county auditor in the manner provided in the rules of the secretary
of state and must be headed with the words: "Judicial General Election Ballot."
new text end

Sec. 40.

new text begin [204D.135] FEDERAL-ONLY BALLOT.
new text end

new text begin (a) The names of all candidates for the offices of president and vice president of
the United States and senator and representative in Congress must be placed on a ballot
printed on white paper which must be known as the "federal-only ballot."
new text end

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

new text begin (c) The federal-only ballot must be headed with the words "State General Election
Ballot."
new text end

new text begin (d) The federal-only ballot must be the only ballot sent to citizens of the United
States who are eligible to vote by absentee ballot for federal candidates in Minnesota.
new text end

Sec. 41.

Minnesota Statutes 2008, section 204D.16, is amended to read:

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

Two weeks before the state general election the county auditor shall prepare sample
copies of deleted text begin the white and canary deleted text end ballots new text begin with the names of the candidates in the federal,
state, and county races to be voted on in the county new text end and shall post copies deleted text begin of these sample
ballots and a sample of the pink ballot deleted text end in the auditor's office for public inspection. No
earlier than 15 days and no later than two days before the state general election the county
auditor shall cause the sample deleted text begin white and canary deleted text end ballots to be published in at least one
newspaper of general circulation in the county.

Sec. 42.

Minnesota Statutes 2008, section 204D.165, is amended to read:

204D.165 SAMPLE BALLOTS TO SCHOOLS.

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

Sec. 43.

Minnesota Statutes 2008, section 204D.25, subdivision 1, is amended to read:

Subdivision 1.

Form.

Except as provided in subdivision 2, the county auditor
shall prepare separate ballots for a special primary and special election as required by
sections 204D.17 to 204D.27. The ballots shall be headed "Special Primary Ballot" or
"Special Election Ballot" as the case may be, followed by the date of the special primary
or special election. Immediately below the title of each office to be filled shall be printed
the words " deleted text begin To fill deleted text end Vacancy in term expiring ..........," with the date of expiration of the
term and any other information that is necessary to distinguish the office from any other
office to be voted upon at the same election. For a special primary or special election, the
instructions to voters may use the singular form of the word when referring to candidates
and offices when only one office is to be filled at the special election. Otherwise the form
of the ballots shall comply as far as practicable with the laws relating to ballots for state
primaries and state general elections. The county auditor shall post a sample of each ballot
in the auditor's office as soon as prepared and not later than four days before the special
primary or special election. Publication of the sample ballot for a special primary or
special election is not required.

Sec. 44.

Minnesota Statutes 2008, section 205.17, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Second, third, and fourth class deleted text end Cities; towns.

In all statutory
and home rule charter cities deleted text begin of the second, third, and fourth class, deleted text end and in all towns, for
the municipal general election new text begin not held in conjunction with a state election new text end , the municipal
clerk shall have printed on deleted text begin light green paper the deleted text end new text begin an new text end official ballot containing the names of
all candidates for municipal offices. The ballot shall be printed in quantities of 25, 50,
or 100, shall be headed "City or Town Election Ballot," shall state the name of the city
or town and the date of the election, and shall conform in other respects to the deleted text begin white deleted text end
ballot used at the state general election. The names shall be arranged on city ballots in
the manner provided for the state elections. On town ballots names of the candidates for
each office shall be arranged either:

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

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

Sec. 45.

Minnesota Statutes 2008, section 205.17, subdivision 3, is amended to read:

Subd. 3.

Primary ballots.

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

Sec. 46.

Minnesota Statutes 2008, section 205.17, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Blue ballots; deleted text end new text begin City/township new text end questions.

All questions relating to the
adoption of a city charter or charter amendments, a proposition for the issuance of bonds,
and all other questions relating to city or town affairs submitted at an election to the voters
of the municipality shall be printed on deleted text begin one separate blue deleted text end new text begin a new text end ballot deleted text begin and shall be deleted text end prepared,
printed, and distributed under the direction of the municipal clerk deleted text begin at the same time and deleted text end in
the same manner as other municipal ballots. deleted text begin The ballots, when voted, shall be deposited in
a separate blue ballot box provided by the local authorities for each voting precinct. The
ballots shall be canvassed, counted, and returned in the same manner as other municipal
ballots. deleted text end The returns shall provide appropriate blank spaces for the counting, canvassing,
and returning of the results of the questions deleted text begin submitted on the blue ballot deleted text end .

Sec. 47.

Minnesota Statutes 2008, section 205.17, subdivision 5, is amended to read:

Subd. 5.

Statutory cities; vacancies.

In statutory cities, the names of candidates to
fill vacancies at a special election held as provided in section 412.02, subdivision 2a, shall
be placed on the municipal primary and general election ballots. The names of candidates
to fill a vacancy in the office of council member in a statutory city shall be listed under the
separate heading " deleted text begin Special election for council member to fill deleted text end Vacancy in term expiring
........," with the date of expiration of the term and any other information necessary to
distinguish the office. Under the heading for the office of mayor in a special election shall
be the words " deleted text begin To fill deleted text end Vacancy in term expiring ............."

Sec. 48.

new text begin [205.171] BALLOTS.
new text end

new text begin In townships exempt from the requirement to use a voting system accessible for
disabled voters under section 206.57, subdivision 5, ballots must be prepared in the same
manner as state primary and state general election ballots, to the extent practicable.
new text end

Sec. 49.

Minnesota Statutes 2008, section 205A.08, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Buff deleted text end new text begin General election new text end ballot.

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

Sec. 50.

Minnesota Statutes 2008, section 205A.08, subdivision 3, is amended to read:

Subd. 3.

Vacancies.

The names of candidates to fill vacancies at a school district
special election held in conjunction with the primary or general election must be placed
on the school district primary and general election ballots. The names of candidates to
fill a vacancy in the office of school board member in a school district must be listed
under the separate heading " deleted text begin Special election for school board member to fill deleted text end Vacancy in
term expiring ........," with the date of expiration of the term and any other information
necessary to distinguish the office.

Sec. 51.

Minnesota Statutes 2008, section 205A.08, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Goldenrod ballots; deleted text end Questions.

All questions relating to a proposition for
the issuance of bonds, and all other questions relating to school district affairs submitted at
an election to the voters of the school district, shall be printed on deleted text begin one separate goldenrod deleted text end new text begin
a new text end ballot deleted text begin and shall be deleted text end prepared, printed, and distributed under the direction of the school
district clerk deleted text begin at the same time and deleted text end in the same manner as other school district ballots.
deleted text begin The ballots, when voted, shall be deposited in a separate goldenrod ballot box provided
by the local authorities for each voting precinct. The ballots shall be canvassed, counted,
and returned in the same manner as other school district ballots. deleted text end The returns shall provide
appropriate blank spaces for the counting, canvassing, and return of the results of the
questions deleted text begin submitted on the goldenrod ballot deleted text end .

Sec. 52.

Minnesota Statutes 2008, section 206.56, subdivision 3, is amended to read:

Subd. 3.

Ballot.

"Ballot" includes deleted text begin paper deleted text end ballots deleted text begin , ballot cards deleted text end new text begin designed to be counted
by hand, ballots marked so that votes may be counted by automatic tabulating equipment new text end ,
and the deleted text begin paper deleted text end ballot marked by an electronic marking device.

Sec. 53.

Minnesota Statutes 2008, section 206.83, is amended to read:

206.83 TESTING OF VOTING SYSTEMS.

Within 14 days before election day, the official in charge of elections shall have the
voting system tested to ascertain that the system will correctly mark ballots using all
methods supported by the system, including through assistive technology, and count the
votes cast for all candidates and on all questions. Public notice of the time and place of the
test must be given at least two days in advance by publication once in official newspapers.
The test must be observed by at least two election judges, who are not of the same major
political party, and must be open to representatives of the political parties, candidates, the
press, and the public. The test must be conducted by (1) processing a preaudited group
of ballots deleted text begin punched or deleted text end marked to record a predetermined number of valid votes for each
candidate and on each question, and must include for each office one or more deleted text begin ballot cards deleted text end new text begin
ballots new text end which have votes in excess of the number allowed by law in order to test the ability
of the voting system tabulator and electronic ballot marker to reject those votes; and (2)
processing an additional test deck of ballots marked using the electronic ballot marker
for the precinct, including ballots marked using the electronic ballot display, audio ballot
reader, and any assistive voting technology used with the electronic ballot marker. If any
error is detected, the cause must be ascertained and corrected and an errorless count must
be made before the voting system may be used in the election. After the completion of the
test, the programs used and deleted text begin ballot cards deleted text end new text begin ballots new text end must be sealed, retained, and disposed of
as provided for deleted text begin paper deleted text end new text begin other new text end ballots.

Sec. 54.

Minnesota Statutes 2008, section 206.84, subdivision 3, is amended to read:

Subd. 3.

Ballots.

deleted text begin The ballot information must be in the same order provided for
paper ballots, except that the information may be in vertical or horizontal rows, or on a
number of separate pages. deleted text end The secretary of state shall provide by rule for standard ballot
formats for electronic voting systems. Electronic ballot displays and audio ballot readers
shall be in the order provided for on the optical scan ballot. Electronic ballot displays may
employ zooms or other devices as assistive voting technology. Audio ballot readers may
employ rewinds or audio cues as assistive voting technology.

deleted text begin Ballot cards deleted text end new text begin Ballots new text end may contain special printed marks as required for proper
positioning and reading of the ballots by electronic vote counting equipment. deleted text begin Ballot cards deleted text end new text begin
Ballots new text end must contain an identification of the precinct for which they have been prepared
which can be read visually and which can be tabulated by the automatic tabulating
equipment.

Sec. 55.

Minnesota Statutes 2008, section 206.86, subdivision 6, is amended to read:

Subd. 6.

deleted text begin Final tabulation deleted text end new text begin Requirements new text end .

deleted text begin A final tabulation of ballots must be
obtained from the automatic tabulating equipment after all damaged or defective cards
have been replaced. The final tabulation, together with the returns of write-in and absentee
votes and the precinct summary statements prepared in accordance with section 204C.24,
constitute the official return of each precinct. Upon completion of the count the returns
are open to the public. deleted text end The automatic tabulating equipment must be programmed to
provide a complete recapitulation of all ballots processed. It may be programmed to
provide information in addition to that required in the official return of each precinct, if the
officials in charge of elections deem that advisable in order to provide election statistics to
evaluate the performance of the electronic voting system or other aspects of the election.

Sec. 56.

Minnesota Statutes 2008, section 206.90, subdivision 9, is amended to read:

Subd. 9.

Spoiled deleted text begin ballot cards deleted text end new text begin ballots new text end .

Automatic tabulating equipment and
electronic ballot markers must be capable of examining a ballot deleted text begin card deleted text end for defects and
returning it to the voter before it is counted and deposited into the ballot box and must be
programmed to return as a spoiled ballot a ballot deleted text begin card deleted text end with votes for an office or question
which exceed the number which the voter is entitled to cast and at a primary a ballot deleted text begin card deleted text end
with votes for candidates of more than one party.

Sec. 57.

Minnesota Statutes 2008, section 206.90, subdivision 10, is amended to read:

Subd. 10.

Counting write-in votes.

In precincts using optical scan voting systems,
the judges shall count the write-in votes and enter the number of those votes on forms
provided for the purpose. deleted text begin When the write-in votes are recorded on a medium that cannot
be examined for write-in votes by the automatic tabulating equipment or the automatic
tabulating equipment does not reject, with respect to write-in votes, all votes for an office
or question when the number of votes cast on it exceeds the number which the voter is
entitled to count, all ballot envelopes or other medium on which write-in votes have been
recorded must be serially numbered, starting with the number one and the same number
must be placed on the ballot card of the voter. The judges shall compare the write-in votes
with the votes cast on the ballot card. If the total number of votes for any office exceeds
the number allowed by law, a notation to that effect must be entered on the back of the
ballot card and the card must be returned to the counting center in an envelope marked
"defective ballots"; however, valid votes on ballot cards containing invalid votes must
be counted as provided in section 206.86, subdivision 5.
deleted text end

deleted text begin When the write-in votes are recorded on ballot cards that can be examined for
write-in votes by the automatic tabulating equipment and the automatic tabulating
equipment rejects all votes for an office or question when the number of votes cast on it
exceeds the number which the voter is entitled to cast, the judges shall examine the ballot
cards with write-in votes and count the valid write-in votes.
deleted text end

Sec. 58.

Minnesota Statutes 2008, section 208.04, is amended to read:

208.04 PREPARATION OF BALLOTS.

Subdivision 1.

Form of presidential ballots.

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

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

Subd. 2.

Applicable rules.

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

Sec. 59.

Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read:

Subd. 4.

Candidates; ballots; certifying election.

A person who wants to be a
candidate for the hospital board shall file an affidavit of candidacy for the election either
as member at large or as a member representing the city or town where the candidate
resides. The affidavit of candidacy must be filed with the city or town clerk not more than
70 days nor less than 56 days before the first Tuesday after the first Monday in November
of the year in which the general election is held. The city or town clerk must forward the
affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk
of the most populous city or town immediately after the last day of the filing period. A
candidate may withdraw from the election by filing an affidavit of withdrawal with the
clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits
of candidacy.

Voting must be by secret ballot. The clerk shall prepare, at the expense of the
district, necessary ballots for the election of officers. Ballots must be printed deleted text begin on tan paper deleted text end
and prepared as provided in the rules of the secretary of state. new text begin In hospital district elections
not held in conjunction with other elections, ballots shall be prepared in the same manner
as state primary and state general election ballots, to the extent practicable. new text end The ballots
must be marked and initialed by at least two judges as official ballots and used exclusively
at the election. Any proposition to be voted on may be printed on the ballot provided for
the election of officers. The hospital board may also authorize the use of voting systems
subject to chapter 206. Enough election judges may be appointed to receive the votes at
each polling place. The election judges shall act as clerks of election, count the ballots
cast, and submit them to the board for canvass.

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

Sec. 60. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 204B.36; 204B.37; 204B.38; 204B.39; 204B.42;
204C.13, subdivision 4; 204C.20, subdivision 3; 204C.23; 204D.05, subdivisions 1 and
2; 204D.11, subdivisions 2, 3, 4, 5, and 6; 204D.14, subdivisions 1 and 3; 204D.15,
subdivisions 1 and 3; 205.17, subdivision 2; 206.56, subdivision 5; 206.61, subdivisions 1,
3, 4, and 5; 206.62; 206.84, subdivisions 1, 6, and 7; 206.86, subdivisions 1, 2, 3, 4, and 5;
and 206.90, subdivisions 3, 5, 6, 7, and 8, new text end new text begin are repealed.
new text end