as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to elections; simplifying language on 1.3 certificates of election; clarifying and simplifying 1.4 the Minnesota Election Law; making technical and 1.5 procedural changes; changing certain duties of 1.6 election officials; listing additional violations; 1.7 changing certain deadlines; providing for advisory 1.8 opinions by the secretary of state; providing for 1.9 submission of proposed chapter amendments; requiring 1.10 adoption of certain rules; imposing criminal 1.11 penalties; amending Minnesota Statutes 1998, sections 1.12 3.02; 200.031; 201.016, subdivision 1, and by adding a 1.13 subdivision; 201.054, subdivision 2; 201.12, 1.14 subdivision 2; 201.13, by adding a subdivision; 1.15 203B.03, subdivision 1; 203B.04, subdivision 1; 1.16 203B.07, subdivision 2; 203B.08, subdivision 1; 1.17 203B.081; 203B.085; 203B.11, subdivisions 1, 2, and 4; 1.18 204B.08, subdivision 3; 204B.146, subdivision 2; 1.19 204B.21, subdivision 2; 204B.27, subdivision 8; 1.20 204C.10; 204C.24, subdivision 1; 204C.26, subdivision 1.21 1; 204C.40, subdivision 1; 204D.08, subdivisions 3 and 1.22 5; 204D.11, subdivision 4; 204D.13, subdivisions 2 and 1.23 3; 205.10, subdivisions 3 and 4; 205.16, subdivision 1.24 4; 205.185, subdivision 3; 205A.05, subdivision 1; 1.25 205A.07, subdivision 3; 205A.13; 206.86, subdivision 1.26 1; 208.04, subdivision 1; 351.055; 410.12, subdivision 1.27 1; 412.02, subdivision 2; and 447.32, subdivision 4; 1.28 Laws 1997, chapter 173, section 6; proposing coding 1.29 for new law in Minnesota Statutes, chapter 204B; 1.30 repealing Minnesota Statutes 1998, sections 203B.08, 1.31 subdivisions 1a and 3a; 203B.12, subdivision 5; 1.32 204D.14, subdivision 2; 204D.19, subdivision 5; and 1.33 365.10, subdivision 2. 1.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.35 Section 1. Minnesota Statutes 1998, section 3.02, is 1.36 amended to read: 1.37 3.02 [EVIDENCE OF MEMBERSHIP.] 1.38 For all purposes of organization of either house of the 1.39 legislature, a certificate of election to it, duly executed by 2.1 the
auditor of the proper county, or by thesecretary of state 2.2 when the member is elected from more than one county, is prima 2.3 facie evidence of the right to membership of the person named in 2.4 it. 2.5 Sec. 2. Minnesota Statutes 1998, section 200.031, is 2.6 amended to read: 2.7 200.031 [DETERMINATION OF RESIDENCE.] 2.8 Residence shall be determined in accordance with the 2.9 following principles, so far as they may be applicable to the 2.10 facts of the case: 2.11 (a) The residence of an individual is in the precinct where 2.12 the individual's home is located, from which the individual has 2.13 no present intention of moving, and to which, whenever the 2.14 individual is absent, the individual intends to return; 2.15 (b) An individual does not lose residence if the individual 2.16 leaves home to live temporarily in another state or precinct; 2.17 (c) An individual does not acquire a residence in any 2.18 precinct of this state if the individual is living there only 2.19 temporarily, without the intention of making that precinct home; 2.20 (d) If an individual goes into another state or precinct 2.21 with the intention of making it home or files an affidavit of 2.22 residence there for election purposes, the individual loses 2.23 residence in the former precinct; 2.24 (e) If an individual moves to another state with the 2.25 intention of living there for an indefinite period, the 2.26 individual loses residence in this state, notwithstanding any 2.27 intention to return at some indefinite future time; 2.28 (f) Except as otherwise provided in this section, an 2.29 individual's residence is located in the precinct where the 2.30 individual's family lives, unless the individual's family is 2.31 living in that precinct only temporarily; 2.32 (g) If an individual's family lives in one precinct and the 2.33 individual lives or does business in another, the individual's 2.34 residence is located in the precinct where the individual's 2.35 family lives, unless the individual establishes a home in the 2.36 other precinct and intends to remain there, with or without the 3.1 individual's family; 3.2 (h) The residence of a single individual is in the precinct 3.3 where the individual lives and usually sleeps; 3.4 (i) The mere intention to acquire a new residence, is not 3.5 sufficient to acquire a new residence, unless the individual 3.6 moves to that location; moving to a new location is not 3.7 sufficient to acquire a new residence unless the individual 3.8 intends to remain there; 3.9 (j) The residence of an individual who is working 3.10 temporarily in any precinct of this state is in the precinct 3.11 where the individual's permanent home is located; 3.12 (k) The residence of an individual who is living 3.13 permanently in a soldiers' home or nursing home is in the 3.14 precinct where the home is located. 3.15 (l) If an individual's home lies in more than one precinct 3.16 or political subdivision, the residence of the individual is in 3.17 the precinct in which a majority of the room in which the 3.18 individual usually sleeps is located. 3.19 (m) If an individual's home is destroyed or rendered 3.20 uninhabitable by fire or natural disaster, the individual does 3.21 not lose residence in the precinct where the home is located if 3.22 the individual intends to return to the home when it is 3.23 reconstructed or made habitable. 3.24 Sec. 3. Minnesota Statutes 1998, section 201.016, 3.25 subdivision 1, is amended to read: 3.26 Subdivision 1. [DETERMINATION OF RESIDENCE ; PENALTY.] An 3.27 eligible voter may vote only in the precinct in which the voter 3.28 maintains residence. The residence of a voter shall be 3.29 determined in accordance with section 200.031. Any individual3.30 who votes in a precinct knowing that the individual does not3.31 maintain residence in that precinct is guilty of a felony.3.32 Sec. 4. Minnesota Statutes 1998, section 201.016, is 3.33 amended by adding a subdivision to read: 3.34 Subd. 1a. [VIOLATIONS; PENALTY.] The county auditor shall 3.35 mail a violation notice to any voter who the county auditor can 3.36 determine has voted in a precinct other than the precinct in 4.1 which the voter maintains residence. The notice must be in the 4.2 form provided by the secretary of state. The county auditor 4.3 shall also change the status of the voter in the statewide 4.4 registration system to "challenged" and the voter shall be 4.5 required to provide proof of residence to either the county 4.6 auditor or to the election judges in the voter's precinct before 4.7 voting in the next election. Any of the forms authorized by 4.8 section 201.061 for registration at the polling place may be 4.9 used for this purpose. 4.10 A voter who votes in a precinct other than the precinct in 4.11 which the voter maintains residence after receiving an initial 4.12 violation notice as provided in this subdivision is guilty of a 4.13 petty misdemeanor. Any subsequent violation is a misdemeanor. 4.14 Sec. 5. Minnesota Statutes 1998, section 201.054, 4.15 subdivision 2, is amended to read: 4.16 Subd. 2. [PROHIBITIONS; PENALTY.] No individual shall 4.17 intentionally: 4.18 (a) Cause or attempt to cause the individual's name to be 4.19 registered in any precinct if the individual is not eligible to 4.20 vote; 4.21 (b) Cause or attempt to cause the individual's name to be 4.22 registered for the purpose of voting in more than one precinct ,4.23 or in any precinct in which the individual does not maintain4.24 residence; 4.25 (c) Misrepresent the individual's identity when attempting 4.26 to register to vote; or 4.27 (d) Aid, abet, counsel, or procure any other individual to 4.28 violate this subdivision. 4.29 A violation of this subdivision is a felony. 4.30 Sec. 6. Minnesota Statutes 1998, section 201.12, 4.31 subdivision 2, is amended to read: 4.32 Subd. 2. [CHALLENGES.] Upon return of the notice by the4.33 postal serviceany nonforwardable mailing from an election 4.34 official, the county auditor or the auditor's staff shall 4.35 ascertain the name and address of that individual. If the 4.36 individual is no longer at the address recorded in the statewide 5.1 registration system, the county auditor shall change the 5.2 registrant's status to "challenged" in the statewide 5.3 registration system. An individual challenged in accordance 5.4 with this subdivision shall comply with the provisions of 5.5 section 204C.12, before being allowed to vote. If a second5.6 notice mailed at least 60 days after the return of the 5.7 first noticenonforwardable mailing is also returned by the 5.8 postal service, the county auditor shall change the registrant's 5.9 status to "inactive" in the statewide registration system. 5.10 Sec. 7. Minnesota Statutes 1998, section 201.13, is 5.11 amended by adding a subdivision to read: 5.12 Subd. 4. [REQUEST FOR REMOVAL OF VOTER RECORD.] If a voter 5.13 makes a written request for removal of the voter's record, the 5.14 county auditor shall remove the record of the voter from the 5.15 statewide registration system. 5.16 Sec. 8. Minnesota Statutes 1998, section 203B.03, 5.17 subdivision 1, is amended to read: 5.18 Subdivision 1. [VIOLATION.] No individual shall 5.19 intentionally: 5.20 (a) make or sign any false certificate required by this 5.21 chapter; 5.22 (b) make any false or untrue statement in any application 5.23 for absentee ballots; 5.24 (c) apply for absentee ballots more than once in any 5.25 election with the intent to cast an illegal ballot; 5.26 (d) exhibit a ballot marked by that individual to any other 5.27 individual; 5.28 (e) do any act in violation of the provisions of this 5.29 chapter for the purpose of casting an illegal vote in any 5.30 precinct or for the purpose of aiding another to cast an illegal 5.31 vote; 5.32 (f) use information from absentee ballot materials or 5.33 records for purposes unrelated to elections, political 5.34 activities, or law enforcement; or5.35 (g) provide assistance to an absentee voter except in the 5.36 manner provided by section 204C.15, subdivision 1 .; 6.1 (h) solicit the vote of an absentee voter while in the 6.2 residence or in the immediate presence of the voter during the 6.3 time the individual knows the absentee voter is voting; or 6.4 (i) alter an absentee ballot application after it has been 6.5 signed by the voter, except by an election official for 6.6 administrative purposes. 6.7 Before inspecting information from absentee ballot 6.8 materials or records, an individual shall provide identification 6.9 to the public official having custody of the material or 6.10 information. 6.11 Sec. 9. Minnesota Statutes 1998, section 203B.04, 6.12 subdivision 1, is amended to read: 6.13 Subdivision 1. [APPLICATION PROCEDURES.] Except as 6.14 otherwise allowed by subdivision 2, an application for absentee 6.15 ballots for any election may be submitted at any time not less 6.16 than one day before the day of that election. The county 6.17 auditor shall prepare absentee ballot application forms in the 6.18 format provided in the rules of the secretary of state and shall 6.19 furnish them to any person on request. An application submitted 6.20 pursuant to this subdivision shall be in writing and shall be 6.21 submitted to: 6.22 (a) the county auditor of the county where the applicant 6.23 maintains residence; or 6.24 (b) the municipal clerk of the municipality, or school 6.25 district if applicable, where the applicant maintains residence. 6.26 An application shall be accepted if it is signed and dated 6.27 by the applicant, contains the applicant's name and residence 6.28 and mailing addresses, and states that the applicant is eligible 6.29 to vote by absentee ballot for one of the reasons specified in 6.30 section 203B.02. The application may contain a request for the 6.31 voter's date of birth, which must not be made available for 6.32 public inspection. An application may be submitted to the 6.33 county auditor or municipal clerk by an electronic facsimile 6.34 device, at the discretion of the auditor or clerk. An 6.35 application mailed or returned in person to the county auditor 6.36 or municipal clerk on behalf of a voter by a person other than 7.1 the voter must be deposited in the mail or returned in person to 7.2 the county auditor or municipal clerk within ten days after it 7.3 has been dated by the voter and no later than six days before 7.4 the election. The absentee ballot applications or a list of 7.5 persons applying for an absentee ballot may not be made 7.6 available for public inspection until the close of voting on 7.7 election day. 7.8 Sec. 10. Minnesota Statutes 1998, section 203B.07, 7.9 subdivision 2, is amended to read: 7.10 Subd. 2. [DESIGN OF ENVELOPES.] The return envelope shall 7.11 be of sufficient size to conveniently enclose and contain the 7.12 ballot envelope and a voter registration card folded along its 7.13 perforations. The return envelope shall be designed to open on 7.14 the left hand end. A certificate of eligibility to vote by 7.15 absentee ballot shall be printed on the right hand three-fourths 7.16 of the back of the envelope. The certificate shall contain a 7.17 statement to be signed and sworn by the voter indicating that 7.18 the voter meets all of the requirements established by law for 7.19 voting by absentee ballot. The certificate shall also contain a 7.20 statement signed by an eligible voter of the county in which the7.21 absent voter maintains residencea person who is registered to 7.22 vote in Minnesota or by a notary public , United States7.23 postmaster, assistant postmaster, postal supervisor, clerk of a7.24 postal service contract stationor other individual authorized 7.25 to administer oaths stating that: 7.26 (a) the ballots were displayed to that individual unmarked; 7.27 (b) the voter marked the ballots in that individual's 7.28 presence without showing how they were marked, or, if the voter 7.29 was physically unable to mark them, that the voter directed 7.30 another individual to mark them; and 7.31 (c) if the voter was not previously registered, that the 7.32 voter has provided proof of residence as required by section 7.33 201.061, subdivision 3. 7.34 The county auditor or municipal clerk shall affix first 7.35 class postage to the return envelopes. 7.36 Sec. 11. Minnesota Statutes 1998, section 203B.08, 8.1 subdivision 1, is amended to read: 8.2 Subdivision 1. [MARKING AND RETURN BY VOTER.] An eligible 8.3 voter who receives absentee ballots as provided in this chapter 8.4 shall mark them in the manner specified in the directions for 8.5 casting the absentee ballots. The return envelope containing 8.6 marked ballots may be mailed as provided in the directions for 8.7 casting the absentee ballots or may be left with the county 8.8 auditor or municipal clerk who transmitted the absentee ballots 8.9 to the voter. If delivered in person by an agent, the return 8.10 envelope must be submitted to the county auditor or municipal 8.11 clerk by 3:00 p.m. on election day. 8.12 The voter may designate an agent to deliver in person the 8.13 sealed absentee ballot return envelope to the county auditor or 8.14 municipal clerk or to deposit the return envelope in the mail. 8.15 An agent may deliver or mail the return envelopes of not more 8.16 than three voters in any election. Any person designated as an 8.17 agent who tampers with either the return envelope or the voted 8.18 ballots or does not immediately mail or deliver the return 8.19 envelope to the county auditor or municipal clerk is guilty of a 8.20 misdemeanor. 8.21 Sec. 12. Minnesota Statutes 1998, section 203B.081, is 8.22 amended to read: 8.23 203B.081 [LOCATIONS FOR ABSENTEE VOTING IN PERSON.] 8.24 An eligible voter may vote by absentee ballot during the 30 8.25 days before the election in the office of the county auditor and 8.26 at any other polling place designated by the county 8.27 auditor during the 30 days before the election. The county 8.28 auditor shall make such designations at least 90 days before the 8.29 election. At least one voting booth in each polling place must 8.30 be made available by the county auditor for this purpose. 8.31 Sec. 13. Minnesota Statutes 1998, section 203B.085, is 8.32 amended to read: 8.33 203B.085 [COUNTY AUDITOR'S OFFICE TO REMAIN OPEN DURING 8.34 CERTAIN HOURS PRECEDING ELECTION.] 8.35 The county auditor's office in each county must be open for 8.36 acceptance of absentee ballot applications and casting of 9.1 absentee ballots between the hours of 1:00from 10:00 a.m. to 9.2 3:00 p.m. on Saturday and until 5:00 to 7:00p.m. on Monday 9.3 immediately preceding a primary or general election. Town 9.4 clerks' offices must be open for absentee voting from 10:00 a.m. 9.5 to 12:00 p.m. on the Saturday before a town general election 9.6 held in March. The school district clerk, when performing the 9.7 county auditor's election duties, need not comply with this 9.8 section. 9.9 Sec. 14. Minnesota Statutes 1998, section 203B.11, 9.10 subdivision 1, is amended to read: 9.11 Subdivision 1. [GENERALLY.] Each full-time municipal clerk 9.12 who has authority under section 203B.05 to administer absentee 9.13 voting laws shall designate election judges to deliver absentee 9.14 ballots in accordance with this section. The county auditor may 9.15 also designate election judges to perform the duties in this 9.16 section. A ballot may be delivered only to an eligible voter 9.17 who is a temporary or permanent resident or patient in a health 9.18 care facility or hospital located in the municipality in which 9.19 the voter maintains residence. The ballots shall be delivered 9.20 by two election judges, each of whom is affiliated with a 9.21 different major political party. When the election judges 9.22 deliver or return ballots as provided in this section, they 9.23 shall travel together in the same vehicle. Both election judges 9.24 shall be present when an applicant completes the certificate of 9.25 eligibility and marks the absentee ballots, and may assist an 9.26 applicant as provided in section 204C.15. The election judges 9.27 shall deposit the return envelopes containing the marked 9.28 absentee ballots in a sealed container and return them to the 9.29 clerk on the same day that they are delivered and marked. 9.30 An absentee ballot may be mailed to a voter in a health 9.31 care facility if the voter submits an application for absentee 9.32 ballots by mail. 9.33 Sec. 15. Minnesota Statutes 1998, section 203B.11, 9.34 subdivision 2, is amended to read: 9.35 Subd. 2. [ TENTWENTY DAYS BEFORE AN ELECTION.] During the 9.36 ten20 days preceding an election, the election judges shall 10.1 deliver absentee ballots only to an eligible voter who has 10.2 applied for absentee ballots to the county auditor or municipal 10.3 clerk under section 203B.04, subdivision 1. 10.4 Sec. 16. Minnesota Statutes 1998, section 203B.11, 10.5 subdivision 4, is amended to read: 10.6 Subd. 4. [AGENT DELIVERY OF BALLOTS.] During the four days 10.7 preceding an election and until 4:002:00 p.m. on election day, 10.8 an eligible voter who is a patient of a health care facility may 10.9 designate an agent to deliver the ballots to the voter from the 10.10 county auditor or municipal clerk. A candidate at the election 10.11 may not be designated as an agent. The voted ballots must be 10.12 returned to the county auditor or municipal clerk no later than 10.13 5:003:00 p.m. on election day. The voter must complete an 10.14 affidavit requesting the auditor or clerk to provide the agent 10.15 with the ballots in a sealed transmittal envelope. The 10.16 affidavit must include a statement from the voter stating that 10.17 the ballots were delivered to the voter by the agent in the 10.18 sealed transmittal envelope. An agent may deliver ballots to no 10.19 more than three persons in any election. The secretary of state 10.20 shall provide samples of the affidavit and transmission envelope 10.21 for use by the county auditors. 10.22 Sec. 17. [204B.071] [PETITIONS; RULES OF THE SECRETARY OF 10.23 STATE.] 10.24 The secretary of state shall adopt rules governing the 10.25 manner in which petitions required for any election in this 10.26 state are circulated, signed, filed, and inspected. The 10.27 secretary of state shall provide samples of petition forms for 10.28 use by election officials. 10.29 Sec. 18. Minnesota Statutes 1998, section 204B.08, 10.30 subdivision 3, is amended to read: 10.31 Subd. 3. [NUMBER OF SIGNATURES.] The number of signatures 10.32 required on a nominating petition shall be as follows: 10.33 (a) For a state office voted on statewide or for United 10.34 States senator, one percent of the total number of individuals 10.35 voting in the state at the last preceding state general 10.36 election, or 2,000, whichever is less; 11.1 (b) For a congressional or judicial districtoffice, five 11.2 percent of the total number of individuals voting in the 11.3 district at the last preceding state general election, or 1,000, 11.4 whichever is less; 11.5 (c) For a county or legislative office, ten percent of the 11.6 total number of individuals voting in the county or legislative 11.7 district at the last preceding state or county general election, 11.8 or 500, whichever is less; 11.9 (d) For a municipal office in a city of the first class, 11.10 the number specified in section 205.121; and 11.11 (e) For any other municipal or school district office, ten 11.12 percent of the total number of individuals voting in the 11.13 municipality, ward, school district, or other election district 11.14 at the last preceding municipal, or school district if 11.15 applicable, general election, or 500, whichever is less. 11.16 Sec. 19. Minnesota Statutes 1998, section 204B.146, 11.17 subdivision 2, is amended to read: 11.18 Subd. 2. [PRECINCT AND ELECTION DISTRICT BOUNDARIES.] The 11.19 secretary of state shall maintain a computer database of 11.20 precinct and election district boundaries. The secretary of 11.21 state shall revise the information in the database whenever a 11.22 precinct or election district boundary is changed. The 11.23 secretary of state shall prepare maps illustrating precinct and 11.24 election district boundaries in either paper or electronic 11.25 formats and make them available to the public at the cost of 11.26 production. 11.27 The secretary of state may authorize municipalities and 11.28 counties to provide updated precinct and election district 11.29 boundary information in electronic formats. 11.30 The secretary of state shall provide periodic updates of 11.31 precinct and election district boundaries to the legislative 11.32 coordinating commission, the state demographer, and the land 11.33 management information center. 11.34 At least 30 days before the state primary,At the request 11.35 of the county auditor, the secretary of state shall provide the 11.36 county auditor with precinct maps of each precinct in12.1 municipalities with more than one precinct. The county auditor 12.2 shall forward the maps to the appropriate municipal clerks, who 12.3 shall post the map in the polling place on the day of the state 12.4 primary and the state general election. 12.5 Sec. 20. Minnesota Statutes 1998, section 204B.21, 12.6 subdivision 2, is amended to read: 12.7 Subd. 2. [APPOINTING AUTHORITY; POWERS AND DUTIES.] 12.8 Election judges for precincts in a municipality shall be 12.9 appointed by the governing body of the municipality. Election 12.10 judges for precincts in unorganized territory and for performing 12.11 election-related duties assigned by the county auditor shall be 12.12 appointed by the county board. Election judges for a precinct 12.13 composed of two or more municipalities must be appointed by the 12.14 governing body of the municipality or municipalities responsible 12.15 for appointing election judges as provided in the agreement to 12.16 combine for election purposes. Appointments shall be made from 12.17 lists furnished pursuant to subdivision 1 subject to the 12.18 eligibility requirements and other qualifications established or 12.19 authorized under section 204B.19. If no lists have been 12.20 furnished or if additional election judges are required after 12.21 all listed names have been exhausted, the appointing authority 12.22 may appoint any other individual to serve as an election judge 12.23 subject to the same requirements and qualifications. The 12.24 appointments shall be made at least 25 days before the election 12.25 at which the election judges will serve. 12.26 Sec. 21. Minnesota Statutes 1998, section 204B.27, 12.27 subdivision 8, is amended to read: 12.28 Subd. 8. [VOTER INFORMATION TELEPHONE LINE.] The secretary 12.29 of state shall provide a voter information telephone line for12.30 use during the period beginning two weeks before the state12.31 primary and ending three days after the state general election. 12.32 A toll-free number must be provided for use by persons residing 12.33 outside the metropolitan calling area. The secretary of state 12.34 shall make available information concerning voter registration, 12.35 absentee voting, election results, and other election-related 12.36 information considered by the secretary of state to be useful to 13.1 the public. 13.2 Sec. 22. [204B.48] [ADVISORY OPINIONS; DUTIES OF THE 13.3 SECRETARY OF STATE.] 13.4 Subdivision 1. [ISSUING OPINIONS.] Upon receipt of a 13.5 written request from a county auditor, municipal clerk, or 13.6 school district clerk, the secretary of state may issue an 13.7 advisory opinion on any question related to the administration 13.8 of the Minnesota Election Law. 13.9 Within seven days after receipt of a written request, the 13.10 secretary of state shall inform the official making the request 13.11 whether an advisory opinion will be issued. If an advisory 13.12 opinion is to be issued, it must be issued no later than 21 days 13.13 after the request is received by the secretary of state. 13.14 Subd. 2. [EFFECT.] An advisory opinion issued by the 13.15 secretary of state under this section is not binding on the 13.16 election official to whom the opinion is issued. An election 13.17 official that acts in conformance with a written opinion of the 13.18 secretary of state issued under this section is not liable for 13.19 any civil or criminal penalties resulting from the action taken 13.20 under the Minnesota Election Law in reliance on the opinion. 13.21 Sec. 23. Minnesota Statutes 1998, section 204C.10, is 13.22 amended to read: 13.23 204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 13.24 REGISTRATION.] 13.25 An individual seeking to vote shall sign a polling place 13.26 roster which states that the individual is at least 18 years of 13.27 age, a citizen of the United States, has resided in Minnesota 13.28 for 20 days immediately preceding the election, certifies 13.29 residence at the address shown, is not under guardianship of the 13.30 person, has not been found by a court of law to be legally 13.31 incompetent to vote or convicted of a felony without having 13.32 civil rights restored, is registered and has not already voted 13.33 in the election. A judge may, before the applicant signs the 13.34 roster, confirm the applicant's name, address, and date of birth. 13.35 After the applicant signs the roster, the judge shall give the 13.36 applicant a voter's receipt. The voter shall deliver the 14.1 voter's receipt to the judge in charge of ballots as proof of 14.2 the voter's right to vote, and thereupon the judge shall hand to 14.3 the voter the ballot. The judges shall destroy thevoters' 14.4 receipts at the end of the daymust be maintained during the 14.5 time for notice of filing an election contest. 14.6 Sec. 24. Minnesota Statutes 1998, section 204C.24, 14.7 subdivision 1, is amended to read: 14.8 Subdivision 1. [INFORMATION REQUIREMENTS.] Precinct 14.9 summary statements shall be submitted by the election judges in 14.10 every precinct. For state elections, the election judges shall 14.11 complete three or more copies of the summary statements, and 14.12 each copy shall contain the following information for each kind 14.13 of ballot: 14.14 (a) the number of votes each candidate received or the 14.15 number of yes and no votes on each question, the number of 14.16 undervotes or partially blank ballots, and the number of 14.17 overvotes or partially defective ballots with respect to each 14.18 office or question; 14.19 (b) the number of totally blank ballots, the number of 14.20 totally defective ballots, the number of spoiled ballots, and 14.21 the number of unused ballots; 14.22 (c) the number of individuals who voted at the election in 14.23 the precinct; 14.24 (d) the number of voters registering on election day in 14.25 that precinct; and 14.26 (e) the signatures of the election judges who counted the 14.27 ballots certifying that all of the ballots cast were properly 14.28 piled, checked, and counted; and that the numbers entered by the 14.29 election judges on the summary statements correctly show the 14.30 number of votes cast for each candidate and for and against each 14.31 question. 14.32 At least two copies of the summary statement must be 14.33 prepared for elections not held on the same day as the state 14.34 elections. 14.35 Sec. 25. Minnesota Statutes 1998, section 204C.26, 14.36 subdivision 1, is amended to read: 15.1 Subdivision 1. [SUMMARY STATEMENTS.] For state elections, 15.2 each official responsible for printing ballots shall furnish 15.3 three or more blank summary statement forms for the returns of 15.4 those ballots for each precinct. At least two copies of the 15.5 summary statement must be prepared for elections not held on the 15.6 same day as the state elections. The blank summary statement 15.7 forms shall be furnished at the same time and in the same manner 15.8 as the ballots. The county auditor shall furnish blank summary 15.9 statement forms containing separate space for the summary 15.10 statement of the returns of the white ballot and the summary 15.11 statement of the returns for the state pink ballot. 15.12 Sec. 26. Minnesota Statutes 1998, section 204C.40, 15.13 subdivision 1, is amended to read: 15.14 Subdivision 1. [PREPARATION; METHOD OF DELIVERY.] The 15.15 county auditor shall prepare an election certificate for every 15.16 county candidate declared elected by the county canvassing 15.17 board, and the secretary of state shall prepare a certificate 15.18 for every state and federal candidate declared elected by either 15.19 a county canvassing board or the state canvassing board. Except 15.20 as otherwise provided in this section, the secretary of state or 15.21 county auditor, as appropriate, shall deliver an election 15.22 certificate on demand to the elected candidate. In an election 15.23 for United States representative in Congress, the filing officer15.24 secretary of state shall deliver the original election 15.25 certificate to the chief clerk of the United States house of 15.26 representatives. In an election for United States senator, the 15.27 governor shall prepare an original certificate of election, 15.28 countersigned by the secretary of state, and deliver it to the 15.29 secretary of the United States senate. In an election for state 15.30 representative or state senator, the filing officersecretary of 15.31 state shall deliver the original election certificate to the 15.32 chief clerk of the house or the secretary of the senate. The 15.33 chief clerk of the house or the secretary of the senate shall 15.34 give a copy of the certificate to the representative-elect or 15.35 senator-elect. Upon taking the oath of office, the 15.36 representative or senator shall receive the original certificate 16.1 of election. If a recount is undertaken by a canvassing board 16.2 pursuant to section 204C.35, no certificate of election shall be 16.3 prepared or delivered until after the recount is completed. In 16.4 case of a contest, the court may invalidate and revoke the 16.5 certificate as provided in chapter 209. 16.6 Sec. 27. Minnesota Statutes 1998, section 204D.08, 16.7 subdivision 3, is amended to read: 16.8 Subd. 3. [ROTATION OF NAMES.] On state primary ballots the 16.9 name of each candidate for nomination to a partisan or 16.10 nonpartisan office shall be rotated with the names of the other 16.11 candidates for nomination to that office so that the name of 16.12 each candidate appears substantially an equal number of times at 16.13 the top, at the bottom, and at each intermediate place in that 16.14 group of candidates. If the number of candidates for an office 16.15 is equal to or less than the number to be elected, no rotation 16.16 of candidate names is required and the official preparing the 16.17 ballot shall determine the position of the candidates by lot. 16.18 Sec. 28. Minnesota Statutes 1998, section 204D.08, 16.19 subdivision 5, is amended to read: 16.20 Subd. 5. [PARTY COLUMNS; ARRANGEMENT.] The names of 16.21 candidates for nomination of the major political party that 16.22 received the highestsmallest average vote at the last state 16.23 general election must be placed in the first column on the left 16.24 side of the ballot. The names of candidates for nomination of 16.25 the major political party that received the next highest16.26 smallest average vote at the last state general election must be 16.27 placed in the second column, and so on. The average vote shall 16.28 be computed in the manner provided in section 204D.13, 16.29 subdivision 2. 16.30 Sec. 29. Minnesota Statutes 1998, section 204D.11, 16.31 subdivision 4, is amended to read: 16.32 Subd. 4. [SPECIAL FEDERAL WHITE BALLOT.] The names of all 16.33 candidates for the offices of president and vice-president of 16.34 the United States and senator and representative in Congress 16.35 shall be placed on a ballot printed on white paper which shall 16.36 be known as the "special federal white ballot." This ballot 17.1 shall be prepared by the county auditor in the same manner as 17.2 the white ballot and shall be subject to the rules adopted by 17.3 the secretary of state pursuant to subdivision 1. The special 17.4 federal white ballot shall be the only ballot sent to citizens 17.5 of the United States who are eligible to vote by absentee ballot 17.6 for federal candidates in Minnesota as provided by Public Law17.7 Number 94-203 and Minnesota Statutes, chapter 203B. 17.8 Sec. 30. Minnesota Statutes 1998, section 204D.13, 17.9 subdivision 2, is amended to read: 17.10 Subd. 2. [ORDER OF POLITICAL PARTIES.] The first name 17.11 printed for each partisan office on the white ballot shall be 17.12 that of the candidate of the major political party that received 17.13 the smallest average number of votes at the last state general 17.14 election. The succeeding names shall be those of the candidates 17.15 of the other major political parties that received a 17.16 succeedingly higher average number of votes respectively. For 17.17 the purposes of this subdivision, the average number of votes of 17.18 a major political party shall be computed by dividing the total 17.19 number of votes counted for all of the party's candidates for 17.20 statewide office at the state general election by the number of 17.21 those candidates at the election. 17.22 On voting machines the first name printed for each office17.23 means the position nearest the top or left edge of the machine,17.24 whichever applies.17.25 Sec. 31. Minnesota Statutes 1998, section 204D.13, 17.26 subdivision 3, is amended to read: 17.27 Subd. 3. [NOMINEES BY PETITION; PLACEMENT ON BALLOT.] The 17.28 names of candidates nominated by petition for a partisan office 17.29 voted on at the state general election shall be placed on the 17.30 white ballot after the names of the candidates for that office 17.31 who were nominated at the state primary. Candidates nominated17.32 by petition shall be placed on the ballot in the order in which17.33 the petitions were filed.Prior to the state primary, the 17.34 secretary of state shall determine by lot the order of 17.35 candidates nominated by petition. The drawing of lots must be 17.36 by political party or principle. The political party or 18.1 political principle of the candidate as stated on the petition 18.2 shall be placed after the name of a candidate nominated by 18.3 petition. The word "nonpartisan" shall not be used to designate 18.4 any partisan candidate whose name is placed on the white ballot 18.5 by nominating petition. 18.6 Sec. 32. Minnesota Statutes 1998, section 205.10, 18.7 subdivision 3, is amended to read: 18.8 Subd. 3. [PROHIBITION.] No special election shall be held18.9 under this section on the second Tuesday in December and no18.10 special electionauthorized under subdivision 1 may be held 18.11 within 40 days after the state general election. 18.12 Sec. 33. Minnesota Statutes 1998, section 205.10, 18.13 subdivision 4, is amended to read: 18.14 Subd. 4. [VACANCIES IN TOWN OFFICES.] Special elections 18.15 must be held with the town general election to fill vacancies in 18.16 town offices as provided in section 367.03, subdivision 26. 18.17 Sec. 34. Minnesota Statutes 1998, section 205.16, 18.18 subdivision 4, is amended to read: 18.19 Subd. 4. [NOTICE TO AUDITOR.] At least 4549 days prior to 18.20 every municipal election, the municipal clerk shall provide a 18.21 written notice to the county auditor, including the date of the 18.22 election and, the offices to be voted on at the election, and 18.23 questionsthe title and language for each ballot question to be 18.24 voted on at the election. 18.25 Sec. 35. Minnesota Statutes 1998, section 205.185, 18.26 subdivision 3, is amended to read: 18.27 Subd. 3. [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 18.28 BALLOTS, DISPOSITION.] Within twoseven days after an election, 18.29 the governing body of a city or a town conducting the general 18.30 election in November shall canvass the returns and declare the 18.31 results of the election. The governing body of a town 18.32 conducting the general election in March shall canvass the 18.33 returns and declare the results of the election within two days 18.34 after an election. After the time for contesting elections has 18.35 passed, the municipal clerk shall issue a certificate of 18.36 election to each successful candidate. In case of a contest, 19.1 the certificate shall not be issued until the outcome of the 19.2 contest has been determined by the proper court. In case of a 19.3 tie vote, the governing body shall determine the result by lot. 19.4 The clerk shall certify the results of the election to the 19.5 county auditor, and the clerk shall be the final custodian of 19.6 the ballots and the returns of the election. 19.7 Sec. 36. Minnesota Statutes 1998, section 205A.05, 19.8 subdivision 1, is amended to read: 19.9 Subdivision 1. [QUESTIONS.] Special elections must be held 19.10 for a school district on a question on which the voters are 19.11 authorized by law to pass judgment. The school board may on its 19.12 own motion call a special election to vote on any matter 19.13 requiring approval of the voters of a district. Upon petition 19.14 of 50 or more voters of the school district or five percent of 19.15 the number of voters voting at the preceding regular school 19.16 district election, the school board shall by resolution call a 19.17 special election to vote on any matter requiring approval of the 19.18 voters of a district. A question is carried only with the 19.19 majority in its favor required by law. The election officials 19.20 for a special election are the same as for the most recent 19.21 school district general election unless changed according to 19.22 law. Otherwise, special elections must be conducted and the 19.23 returns made in the manner provided for the school district 19.24 general election. A special election may not be held during the 19.25 30 days before and the 30 days after the state primary, during 19.26 the 30 days before and the 40 days after the state general 19.27 election , or on the second Tuesday in December. In addition, a 19.28 special election may not be held during the 20 days before and 19.29 the 20 days after any regularly scheduled election of a 19.30 municipality wholly or partially within the school district. 19.31 Notwithstanding any other law to the contrary, the time period 19.32 in which a special election must be conducted under any other 19.33 law may be extended by the school board to conform with the 19.34 requirements of this subdivision. 19.35 Sec. 37. Minnesota Statutes 1998, section 205A.07, 19.36 subdivision 3, is amended to read: 20.1 Subd. 3. [NOTICE TO AUDITOR.] At least 4549 days prior to 20.2 every school district election, the school district clerk shall 20.3 provide a written notice to the county auditor of each county in 20.4 which the school district is located. The notice must include 20.5 the date of the election and, the offices to be voted on at the 20.6 election, and questionsthe title and language for each ballot 20.7 question to be voted on at the election. For the purposes of 20.8 meeting the timelines of this section, in a bond election, a 20.9 notice, including a proposed question, may be provided to the 20.10 county auditor prior to receipt of a review and comment from the 20.11 commissioner of children, families, and learning and prior to 20.12 actual initiation of the election. 20.13 Sec. 38. Minnesota Statutes 1998, section 205A.13, is 20.14 amended to read: 20.15 205A.13 [REQUIREMENTS FOR PETITIONS.] 20.16 Any petition to a school board authorized in this chapter 20.17 or sections 126C.17, 126C.40, 126C.41 to 126C.48, and 124D.22, 20.18 or any other law which requires the board to submit an issue to 20.19 referendum or election, shall meet the followingrequirements to20.20 be validprovided in section 204B.071. 20.21 (1) Each page of the petition shall contain a heading at20.22 its top which specifies the particular action the board is being20.23 petitioned to take. The signatures on any page which does not20.24 contain such a heading shall all be invalidated. All pages of20.25 the petition shall be assembled and filed with the board as a20.26 single instrument.20.27 (2) Each page of the petition shall contain an20.28 authentication signed by the circulator of the petition20.29 specifying as follows:20.30 "I personally have circulated this page of the petition.20.31 All signatures were made in my presence. I believe that the20.32 signers signed their own names and that each person who has20.33 signed is eligible to vote in a school district election20.34 according to Minnesota Election Law.20.35 Signed: ................................ Signature of20.36 Petition Circulator21.1 Date: ................................."21.2 The signatures on any page which does not contain such an21.3 authentication shall all be invalidated.21.4 (3) Signers of the petition shall personally sign their own21.5 names in ink or indelible pencil and shall indicate after the21.6 name the place of residence by street and number, or other21.7 description sufficient to identify the place. Except as21.8 provided in clause (4), any signature which does not meet these21.9 requirements shall be invalidated.21.10 (4) Individuals who are unable to write their names shall21.11 be required to make their marks on the petition. The circulator21.12 of the petition shall certify the mark by signing the21.13 individual's name and address and shall thereafter print the21.14 phrase "mark certified by petition circulator."21.15 (5) A petition, to be valid, must contain the minimum21.16 number of valid signatures of eligible voters specified in the21.17 law authorizing the petition and election.21.18 Sec. 39. Minnesota Statutes 1998, section 206.86, 21.19 subdivision 1, is amended to read: 21.20 Subdivision 1. [AT THE VOTING LOCATION.] In precincts 21.21 where an electronic voting system is used, as soon as the polls 21.22 are closed the election judges shall secure the voting systems 21.23 against further voting. They shall then open the ballot box and 21.24 count the number of ballot cards or envelopes containing ballot 21.25 cards that have been cast to determine that the number of ballot 21.26 cards does not exceed the number of voters shown on the election 21.27 register or registration file. If there is an excess, the 21.28 judges shall seal the ballots in a ballot container and 21.29 transport the container to the county auditor or municipal clerk 21.30 who shall process the ballot cardsballots in the same manner as 21.31 paper ballots are processed in section 204C.20, subdivision 2, 21.32 then enter the ballots into the ballot counter. The total 21.33 number of voters must be entered on the forms provided. The 21.34 judges shall next count the write-in votes and enter the number 21.35 of those votes on forms provided for the purpose. 21.36 Sec. 40. Minnesota Statutes 1998, section 208.04, 22.1 subdivision 1, is amended to read: 22.2 Subdivision 1. When presidential electors are to be voted 22.3 for, a vote cast for the party candidates for president and 22.4 vice-president shall be deemed a vote for that party's electors 22.5 as filed with the secretary of state. The secretary of state 22.6 shall certify the names of all duly nominated presidential and 22.7 vice-presidential candidates to the county auditors of the 22.8 counties of the state. Each county auditor, subject to the 22.9 rules of the secretary of state, shall cause the names of the 22.10 candidates of each major political party and the candidates 22.11 nominated by petition to be printed in capital letters, set in 22.12 type of the same size and style as for candidates on the state 22.13 white ballot, before the party designation. To the left of, and 22.14 on the same line with the surnamesnames of the candidates for 22.15 president and vice-president, near the margin, shall be placed a 22.16 square or box, in which the voters may indicate their choice by 22.17 marking an "X." 22.18 The form for the presidential ballot and the relative 22.19 position of the several candidates shall be determined by the 22.20 rules applicable to other state officers. The state ballot, 22.21 with the required heading, shall be printed on the same piece of 22.22 paper and shall be below the presidential ballot with a blank 22.23 space between one inch in width. 22.24 Sec. 41. Minnesota Statutes 1998, section 351.055, is 22.25 amended to read: 22.26 351.055 [PREPARATIONS FOR SPECIAL ELECTIONS.] 22.27 If a future vacancy becomes certain to occur and the 22.28 vacancy must be filled by a special election, the appropriate 22.29 authorities may begin procedures leading to the special election 22.30 so that a successor may be elected at the earliest possible time. 22.31 For prospective vacancies that will occur as a result of a 22.32 resignation, preparations for the special election may begin 22.33 immediately after the written resignation is received by the 22.34 official provided in section 351.01, subdivision 1. 22.35 Sec. 42. Minnesota Statutes 1998, section 410.12, 22.36 subdivision 1, is amended to read: 23.1 Subdivision 1. [PROPOSALS.] The charter commission may 23.2 propose amendments to such charter and shall do so upon the 23.3 petition of voters equal in number to five percent of the total 23.4 votes cast at the last previous state general election in the 23.5 city. If the city has a system of permanent registration of23.6 voters,Proposed charter amendments must be submitted at least 23.7 12 weeks before the general election. Only registered voters 23.8 are eligible to sign the petition. All petitions circulated 23.9 with respect to a charter amendment shall be uniform in 23.10 character and shall have attached thereto the text of the 23.11 proposed amendment in full; except that in the case of a 23.12 proposed amendment containing more than 1,000 words, a true and 23.13 correct copy of the same may be filed with the city clerk, and 23.14 the petition shall then contain a summary of not less than 50 23.15 nor more than 300 words setting forth in substance the nature of 23.16 the proposed amendment. Such summary shall contain a statement 23.17 of the objects and purposes of the amendment proposed and an 23.18 outline of any proposed new scheme or frame work of government 23.19 and shall be sufficient to inform the signers of the petition as 23.20 to what change in government is sought to be accomplished by the 23.21 amendment. The summary, together with a copy of the proposed 23.22 amendment, shall first be submitted to the charter commission 23.23 for its approval as to form and substance. The commission shall 23.24 within ten days after such submission to it, return the same to 23.25 the proposers of the amendment with such modifications in 23.26 statement as it may deem necessary in order that the summary may 23.27 fairly comply with the requirements above set forth. 23.28 Sec. 43. Minnesota Statutes 1998, section 412.02, 23.29 subdivision 2, is amended to read: 23.30 Subd. 2. [TERM.] Terms of elective officers shall commence 23.31 on the first business day ofMonday in January following the 23.32 election at which the officer is chosen. All officers chosen 23.33 and qualified as such shall hold office until their successors 23.34 qualify. 23.35 Sec. 44. Minnesota Statutes 1998, section 447.32, 23.36 subdivision 4, is amended to read: 24.1 Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A 24.2 person who wants to be a candidate for the hospital board shall 24.3 file an affidavit of candidacy for the election either as member 24.4 at large or as a member representing the city or town where the 24.5 candidate resides. The affidavit of candidacy must be filed 24.6 with the city or town clerk not more than ten weeks nor less 24.7 than eight weeks before the election. The city or town clerk 24.8 must forward the affidavits of candidacy to the clerk of the 24.9 hospital district or, for the first election, the clerk of the 24.10 most populous city or town immediately after the last day of the 24.11 filing period. A candidate may withdraw from the election by 24.12 filing an affidavit of withdrawal with the clerk of the district 24.13 no later than 12:00 p.m. on the day after the last day to file 24.14 affidavits of candidacy. 24.15 Voting must be by secret ballot. The clerk shall prepare, 24.16 at the expense of the district, necessary ballots for the 24.17 election of officers. Ballots must contain the names of the24.18 proposed candidates for each office, the length of the term of24.19 each office, and an additional blank space for the insertion of24.20 another name by the voterbe printed on tan paper and prepared 24.21 as provided in the rules of the secretary of state. The ballots 24.22 must be marked and initialed by at least two judges as official 24.23 ballots and used exclusively at the election. Any proposition 24.24 to be voted on may be printed on the ballot provided for the 24.25 election of officers or on a different ballot. The hospital 24.26 board may also authorize the use of voting machinessystems 24.27 subject to chapter 206. Enough election judges may be appointed 24.28 to receive the votes at each polling place. They may be paid by24.29 the district at a rate set by the board.The election judges 24.30 shall act as clerks of election, count the ballots cast, and 24.31 submit them to the board for canvass. 24.32 After canvassing the election, the board shall issue a 24.33 certificate of election to the candidate who received the 24.34 largest number of votes cast for each office. The clerk shall 24.35 deliver the certificate to the person entitled to it in person 24.36 or by certified mail. Each person certified shall file an 25.1 acceptance and oath of office in writing with the clerk within 25.2 30 days after the date of delivery or mailing of the 25.3 certificate. The board may fill any office as provided in 25.4 subdivision 1 if the person elected fails to qualify within 30 25.5 days, but qualification is effective if made before the board 25.6 acts to fill the vacancy. 25.7 Sec. 45. Laws 1997, chapter 173, section 6, is amended to 25.8 read: 25.9 Sec. 6. [INCUMBENT TERMS.] 25.10 All supervisors who are incumbents on the effective date of 25.11 this section shall serve out the terms to which they have been 25.12 elected. At the end of their terms, their successors shall be 25.13 elected to four-year terms, except that the successors to the25.14 two supervisors whose terms expire on December 31, 1998, shall25.15 be elected to two-year terms at the 1998 general election and to25.16 four-year terms thereafter.as provided in this section. By 25.17 January 1, 2000, the district board must prepare a plan to 25.18 lengthen or shorten the terms of office, as needed, for each 25.19 office elected in 1998 and to be elected in 2000, so that no 25.20 more than three of the supervisors are elected at each general 25.21 election. In 2002 and thereafter, supervisors shall be elected 25.22 to four-year terms. The district board shall determine by lot 25.23 which offices' terms are to be lengthened or shortened. The 25.24 plan must be filed with the county auditor and the state board. 25.25 Sec. 46. [REPEALER.] 25.26 Minnesota Statutes 1998, sections 203B.08, subdivisions 1a 25.27 and 3a; 203B.12, subdivision 5; 204D.14, subdivision 2; 204D.19, 25.28 subdivision 5; and 365.10, subdivision 2, are repealed.