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SF 1298

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to elections; changing or establishing certain voter registration
procedures and requirements, filing requirements, voting procedures, election
day prohibitions, ballot preparation requirements, and other election provisions;
imposing penalties; amending Minnesota Statutes 2006, sections 103C.305,
subdivision 3; 135A.17, subdivision 2; 201.054, subdivision 1, by adding a
subdivision; 201.056; 201.061, subdivisions 3, 4; 201.071, subdivisions 3, 4;
201.081; 201.091, subdivisions 1, 8; 201.171; 201.27, subdivision 1; 203B.04,
subdivisions 1, 4; 203B.05, subdivision 2; 203B.07; 203B.08, subdivision
3; 203B.081; 203B.10; 203B.13, subdivisions 1, 2; 204B.06, subdivision 8;
204B.08, subdivision 3; 204B.09; 204B.16, subdivision 1; 204B.45, subdivision
2; 204C.06, subdivision 1; 204C.07, subdivision 3a; 205.10, by adding a
subdivision; 205.16, subdivision 4; 205A.05, by adding a subdivision; 205A.07,
subdivisions 3, 3a; 205A.10, subdivision 1; 205A.11, subdivision 2; 206.82,
subdivision 2; 206.89, subdivisions 1, 5; 211A.02, subdivision 2; 211A.05,
subdivision 1; Laws 2004, chapter 293, article 1, section 37, subdivision 2;
repealing Minnesota Statutes 2006, sections 203B.02, subdivision 1a; 203B.13,
subdivision 3a.

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

ARTICLE 1

ELECTIONS AND VOTING

Section 1.

Minnesota Statutes 2006, section 135A.17, subdivision 2, is amended to
read:


Subd. 2.

Residential housing list.

All postsecondary institutions that enroll
students accepting state or federal financial aid may prepare a current list of students
enrolled in the institution and residing in the institution's housing or within ten miles of
the institution's campus. The list shall include each student's current address. The list shall
be certified and sent to the appropriate county auditor or auditors for use in election day
registration as provided under section 201.061, subdivision 3. new text beginA residential housing list
provided under this subdivision may not be used or disseminated by a county auditor or
the secretary of state for any other purpose.
new text end

Sec. 2.

Minnesota Statutes 2006, section 201.054, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Prohibited methods of compensation; penalty. new text end

new text begin (a) No individual
may be compensated for the solicitation, collection, or acceptance of voter registration
applications from voters for submission to the secretary of state, a county auditor, or other
local election official in a manner in which payment is calculated by multiplying (1)
either a set or variable payment rate, by (2) the number of voter registration applications
solicited, collected, or accepted.
new text end

new text begin (b) No individual may be deprived of compensation or have compensation
automatically reduced exclusively for failure to solicit, collect, or accept a minimum
number of voter registration applications, and no individual may receive additional
compensation for reaching or exceeding a minimum number of voter registration
applications.
new text end

new text begin (c) A person who violates this subdivision is guilty of a petty misdemeanor.
new text end

Sec. 3.

Minnesota Statutes 2006, section 201.056, is amended to read:


201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.

An individual who is unable to write the individual's name shall be required to sign a
registration deleted text begincard by making the individual's markdeleted text endnew text begin application in the manner provided by
section 645.44, subdivision 14
new text end. If the individual registers in personnew text begin and signs by making
a mark
new text end, the clerk or election judge accepting the registration shall certify the mark by
signing the individual's name. If the individual registers by mailnew text begin and signs by making a
mark
new text end, the mark shall be certified by having a voter registered in the individual's precinct
sign the individual's name and the voter's own name and give the voter's own address.

Sec. 4.

Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:


Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a registration application, making
an oath in the form prescribed by the secretary of state and providing proof of residence.
An individual may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;

(2) presenting any document approved by the secretary of state as proper
identification;

(3) presenting one of the following:

(i) a current valid student identification card from a postsecondary educational
institution in Minnesota, if a list of students from that institution has been prepared under
section 135A.17 and certified to the county auditor in the manner provided in rules of
the secretary of state; or

(ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee personally knows that the individual is a resident of the precinct. A
voter who has been vouched for on election day may not sign a proof of residence oath
vouching for any other individual on that election day. A voter who is registered to vote in
the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must
be attached to the voter registration application deleted text beginand the information on the oath must be
recorded on the records of both the voter registering on election day and the voter who
is vouching for the person's residence, and entered into the statewide voter registration
system by the county auditor when the voter registration application is entered into that
system
deleted text end.

(b) The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.

(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1
; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5
; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section 245A.02, subdivision 14; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.

(d) For tribal band members, an individual may prove residence for purposes of
registering by:

(1) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, address, signature, and picture of the individual; or

(2) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, signature, and picture of the individual and also presenting one of the
documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 5.

Minnesota Statutes 2006, section 201.171, is amended to read:


201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
REGISTRATION REMOVED.

Within six weeks after every election, the county auditor shall post the voting
history for every person who voted in the election. After the close of the calendar year, the
secretary of state shall determine if any registrants have not voted during the preceding
four years. The secretary of state shall perform list maintenance by changing the status of
those registrants to "inactive" in the statewide registration system. The list maintenance
performed must be conducted in a manner that ensures that the name of each registered
voter appears in the official list of eligible voters in the statewide registration system.
A voter must not be removed from the official list of eligible voters unless the voter is
not eligible or is not registered to vote. List maintenance must include procedures for
eliminating duplicate names from the official list of eligible voters.

The secretary of state shall also prepare a report to the county auditor containing the
names of all registrants whose status was changed to "inactive."

Registrants whose status was changed to "inactive" must register in the manner
specified in section 201.054 before voting in any primary, special primary, general, school
district, or special election, as required by section 201.018.

Although not counted in an election, a latenew text begin or rejectednew text end absenteenew text begin or mailnew text end ballot must
be considered a vote for the purpose of continuing registration.

Sec. 6.

Minnesota Statutes 2006, section 203B.07, is amended to read:


203B.07 RETURN AND BALLOT ENVELOPES; DIRECTIONS TO
VOTERS.

Subdivision 1.

Delivery of envelopes, directions.

The county auditor or the
municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
a copy of the directions for casting an absentee ballot to each applicant whose application
for absentee ballots is accepted pursuant to section 203B.04.new text begin The county auditor or
municipal clerk shall provide first class postage for the return envelope.
new text end The directions
for casting an absentee ballot shall be printed in at least 14-point bold type with heavy
leading and may be printed on the ballot envelope. When a person requests the directions
in Braille or on cassette tape, the county auditor or municipal clerk shall provide them
in the form requested. The secretary of state shall prepare Braille and cassette copies
and make them available.

When a voter registration card is sent to the applicant as provided in section
203B.06, subdivision 4, the directions or registration card shall include instructions for
registering to vote.

Subd. 2.

Design of envelopes.

The return envelope shall be of sufficient size to
conveniently enclose and contain the ballot envelope and anew text begin foldednew text end voter registration deleted text begincard
folded along its perforations
deleted text endnew text begin applicationnew text end. The return envelope shall be designed to open on
the left-hand end. deleted text beginNotwithstanding any rule to the contrary,deleted text endnew text begin If the voter was not previously
registered,
new text end the return envelope must be designed in one of the following ways:

(1) it must be of sufficient size to contain an additional envelope that when sealed,
conceals the signature, identification, and other information; or

(2) it must provide an additional flap that when sealed, conceals the signature,
identification, and other information.

Election officials may open the flap or the additional envelope at any time after
receiving the returned ballot to inspect the returned certificate for completeness or to
ascertain other information.

new text begin Subd. 3. new text end

new text begin Eligibility certificate. new text end

A certificate of eligibility to vote by absentee
ballot shall be printed on the back of thenew text begin returnnew text end envelope. The certificate shall contain a
statement to be signed and sworn by the voter indicating that the voter meets all of the
requirements established by law for voting by absentee ballot. The certificate shall also
contain a statement signed by a person who is registered to vote in Minnesota or by a
notary public or other individual authorized to administer oaths stating that:

deleted text begin (a)deleted text endnew text begin (1)new text end the ballots were displayed to that individual unmarked;

deleted text begin (b)deleted text endnew text begin (2)new text end the voter marked the ballots in that individual's presence without showing
how they were marked, or, if the voter was physically unable to mark them, that the voter
directed another individual to mark them; and

deleted text begin (c) deleted text endnew text begin(3)new text end if the voter was not previously registered, the voter has provided proof of
residence as required by section 201.061, subdivision 3.

deleted text begin The county auditor or municipal clerk shall affix first class postage to the return
envelopes.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held after June 1, 2008.
new text end

Sec. 7.

Minnesota Statutes 2006, section 203B.081, is amended to read:


203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.

An eligible voter may vote by absentee ballot during the 30 days before the election
in the office of the county auditor and at any other polling place designated by the county
auditor. The county auditor shall make such designations at least 90 days before the
election. At least one voting booth in each polling place must be made available by the
county auditor for this purpose.new text begin The county auditor must also make available at least one
electronic ballot marker in each polling place that has implemented a voting system that is
accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.
new text end

Sec. 8.

Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

The governing body of any county deleted text beginthat has
established a counting center as provided in section 206.85, subdivision 2
deleted text end, any
municipality, or any school district may by ordinance or resolution, authorize an absentee
ballot board. The board shall consist of a sufficient number of election judges appointed as
provided in sections 204B.19 to 204B.22.

Sec. 9.

Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:


Subd. 2.

Duties.

The absentee ballot board may deleted text begindo any of the following:
deleted text end

deleted text begin (a) receive from each precinct in the municipality or school district all ballot
envelopes marked "Accepted" by the election judges; provided that the governing body of
a municipality or the school board of a school district may authorize the board to
deleted text end examine
all return absentee ballot envelopes and deleted text beginreceivedeleted text endnew text begin acceptnew text end or reject absentee ballots in the
manner provided in section 203B.12deleted text begin;deleted text endnew text begin.new text end

deleted text begin (b) open and count the absentee ballots, tabulating the vote in a manner that indicates
each vote of the absentee voter and the total absentee vote cast for each candidate or
question in each precinct; or
deleted text end

deleted text begin (c) report the vote totals tabulated for each precinct.
deleted text end

The absentee ballot board may begin the process of examining the return envelopes
and marking them "accepted" or "rejected" at any time during the 30 days before the
election. If an envelope has been rejected at least five days before the election, the
ballots in the envelope must be considered spoiled ballots and the official in charge of the
absentee ballot board shall provide the voter with a replacement absentee ballot and return
envelope in place of the spoiled ballot. deleted text beginThe secretary of state shall provide samples of the
replacement ballot and return envelope for use by the county auditor.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held after June 1, 2008.
new text end

Sec. 10.

Minnesota Statutes 2006, section 204B.09, is amended to read:


204B.09 TIME AND PLACE OF FILING AFFIDAVITS AND PETITIONS.

Subdivision 1.

Candidates in state and county general elections.

(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than 70 days nor less than 56 days before the state primary. The affidavit may
be prepared and signed at any time between 60 days before the filing period opens and
the last day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to administer oaths
under section 358.10.

(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions on or before
the state primary day pursuant to section 204B.07. Nominating petitions to fill vacancies
in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall
be accepted later than 5:00 p.m. on the last day for filing.

(d) Affidavits and petitions fornew text begin countynew text end offices deleted text beginto be voted on in only one county shalldeleted text endnew text begin
must
new text end be filed with the county auditor of that county. Affidavits and petitions fornew text begin federalnew text end
offices deleted text beginto be voted on in more than one county shalldeleted text endnew text begin mustnew text end be filed with the secretary of
state.new text begin Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate resides.
new text end

new text begin (e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
must be received by 5:00 p.m. on the last day for filing.
new text end

Subd. 1a.

Absent candidates.

new text begin(a) new text endA candidate for special district, county, state,
or federal office who will be absent from the state during the filing period may submit
a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary
petitions in person to the filing officer. The candidate shall state in writing the reason for
being unable to submit the affidavit during the filing period. The affidavit, filing fee,new text begin if any,new text end
and petitions must be submitted to the filing officer during the seven days immediately
preceding the candidate's absence from the state. Nominating petitions may be signed
during the 14 days immediately preceding the date when the affidavit of candidacy is filed.

new text begin (b) A candidate for special district, county, state, or federal office who will be absent
from the state during the entire filing period or who must leave the state for the remainder
of the filing period and who certifies to the secretary of state that the circumstances
constitute an emergency and were unforeseen, may submit a properly executed affidavit
of candidacy by facsimile device or by transmitting electronically a scanned image of
the affidavit to the secretary of state during the filing period. The candidate shall state
in writing the specific reason for being unable to submit the affidavit by mail or by hand
during the filing period or in person prior to the start of the filing period. The affidavit of
candidacy, filing fee, if any, and any necessary petitions must be received by the secretary
of state by 5:00 p.m. on the last day for filing. If the candidate is filing for a special district
or county office, the secretary of state shall forward the affidavit of candidacy, filing fee, if
any, and any necessary petitions to the appropriate filing officer.
new text end

Subd. 2.

Other elections.

Affidavits of candidacy and nominating petitions for
city, town or other elective offices shall be filed during the time and with the official
specified in chapter 205 or other applicable law or charter, except as provided for a special
district candidate under subdivision 1a. Affidavits of candidacy and applications filed on
behalf of eligible voters for school board office shall be filed during the time and with the
official specified in chapter 205A or other applicable law.new text begin Affidavits of candidacy and
nominating petitions filed under this subdivision must be submitted by mail or by hand,
notwithstanding chapter 325L, or any other law to the contrary, and must be received by
the appropriate official within the specified time for the filing of affidavits and petitions
for the office.
new text end

Subd. 3.

Write-in candidates.

(a) A candidate fornew text begin county,new text end statenew text begin,new text end or federal office
who wants write-in votes for the candidate to be counted must file a written request with
the filing office for the office sought no later than the deleted text beginfifthdeleted text endnew text begin seventhnew text end day before the general
election. The filing officer shall provide copies of the form to make the request.

(b) A candidate for president of the United States who files a request under this
subdivision must include the name of a candidate for vice-president of the United States.
The request must also include the name of at least one candidate for presidential elector.
The total number of names of candidates for presidential elector on the request may not
exceed the total number of electoral votes to be cast by Minnesota in the presidential
election.

(c) A candidate for governor who files a request under this subdivision must include
the name of a candidate for lieutenant governor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held after June 1, 2008.
new text end

Sec. 11.

Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:


Subdivision 1.

Authority; location.

The governing body of each municipality and
of each county with precincts in unorganized territory shall designate by ordinance or
resolution a polling place for each election precinct. Polling places must be designated
and ballots must be distributed so that no one is required to go to more than one polling
place to vote in a school district and municipal election held on the same day. The polling
place for a precinct in a city or in a school district located in whole or in part in the
metropolitan area defined by section 200.02, subdivision 24, shall be located within the
boundaries of the precinct or within deleted text begin3,000 feetdeleted text endnew text begin one milenew text end of one of those boundaries unless
a single polling place is designated for a city pursuant to section 204B.14, subdivision
2
, or a school district pursuant to section 205A.11. The polling place for a precinct in
unorganized territory may be located outside the precinct at a place which is convenient to
the voters of the precinct. If no suitable place is available within a town or within a school
district located outside the metropolitan area defined by section 200.02, subdivision 24,
then the polling place for a town or school district may be located outside the town or
school district within five miles of one of the boundaries of the town or school district.

Sec. 12.

Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:


Subd. 2.

Procedure.

Notice of the election and the special mail procedure must be
given at least six weeks prior to the election. deleted text beginNo earlierdeleted text endnew text begin Not morenew text end than deleted text begin20deleted text endnew text begin 30new text end days deleted text beginordeleted text endnew text begin nornew text end
later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable
mail to all voters registered in the town or unorganized territory.new text begin No later than 14 days
before the election, the auditor must make a subsequent mailing of ballots to those voters
who register to vote after the initial mailing but before the 20th day before the election.
new text end
Eligible voters not registered at the time the ballots are mailed may apply for ballots as
provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
to the office of the auditor or clerk.new text begin The auditor or clerk may appoint election judges to
examine the return envelopes and mark them "accepted" or "rejected" during the 30 days
before the election. If an envelope has been rejected at least five days before the election,
the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall
provide the voter with a replacement ballot and return envelope in place of the spoiled
ballot.
new text end The costs of the mailing shall be paid by the election jurisdiction in which the voter
resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

Sec. 13.

Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:


Subdivision 1.

Lingering near polling place.

An individual shall be allowed to go
to and from the polling place for the purpose of voting without unlawful interference. No
one except an election official or an individual who is waiting to register or to vote shall
stand within 100 feet of the deleted text beginentrance to a polling place. The entrance to a polling place
is the doorway or point of entry leading into the room or area where voting is occurring
deleted text endnew text begin
building in which a polling place is located
new text end.

Sec. 14.

Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:


Subd. 3a.

Residence requirement.

A challenger must be a resident of this state.new text begin
Appointed challengers seeking admission to a polling place to serve in that capacity must
prove their status as a resident of this state by presenting one of the documents listed in
section 201.061, subdivision 3. Challengers need not prove residence in the precinct
in which they seek to act as a challenger.
new text end

Sec. 15.

Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Cancellation. new text end

new text begin A special election ordered by the governing body of the
municipality on its own motion under subdivision 1 may be cancelled by motion of the
governing body, but not less than 46 days before the election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held after June 1, 2008.
new text end

Sec. 16.

Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:


Subd. 4.

Notice to auditor.

At least 53 days prior to every municipal election, the
municipal clerk shall provide a written notice to the county auditor, including the date of
the election, the offices to be voted on at the election, and the title and language for each
ballot question to be voted on at the election.new text begin Not less than 46 days before the election, the
municipal clerk must provide written notice to the county auditor of any special election
canceled under section 205.10, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held after June 1, 2008.
new text end

Sec. 17.

Minnesota Statutes 2006, section 205A.05, is amended by adding a
subdivision to read:


new text begin Subd. 3. new text end

new text begin Cancellation. new text end

new text begin A special election ordered by the school board on its own
motion under subdivision 1 may be canceled by motion of the school board, but not less
than 46 days before the election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held after June 1, 2008.
new text end

Sec. 18.

Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:


Subd. 3.

Notice to auditor.

At least 53 days prior to every school district election,
the school district clerk shall provide a written notice to the county auditor of each county
in which the school district is located. The notice must include the date of the election, the
offices to be voted on at the election, and the title and language for each ballot question to
be voted on at the election. For the purposes of meeting the timelines of this section, in
a bond election, a notice, including a proposed question, may be provided to the county
auditor prior to receipt of a review and comment from the commissioner of education and
prior to actual initiation of the election.new text begin Not less than 46 days before the election, the
school district clerk must provide written notice to the county auditor of any special
election canceled under section 205A.05, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held after June 1, 2008.
new text end

Sec. 19.

Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:


Subd. 3a.

Notice to commissioner of education.

At least 49 days prior to every
school district election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58,
the school district clerk shall provide a written notice to the commissioner of education.
The notice must include the date of the election and the title and language for each ballot
question to be voted on at the election.new text begin Not less than 46 days before the election, the
school district clerk must provide a written notice to the commissioner of education of
any special election canceled under section 205A.05, subdivision 3.
new text end The certified vote
totals for each ballot question shall be provided in a written notice to the commissioner
in a timely manner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held after June 1, 2008.
new text end

Sec. 20.

Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:


Subdivision 1.

Definition.

For purposes of this section "postelection review official"
means the deleted text beginelection administration official who is responsible for the conduct of elections
in a precinct selected for review under this section
deleted text endnew text begin county auditor, unless the county
auditor designates the municipal clerk as the "postelection review official" within 24 hours
after the canvass of the state general election
new text end.

Sec. 21.

Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:


Subd. 5.

Additional review.

(a) If the postelection reviewnew text begin in one of the reviewed
precincts
new text end reveals a difference greater than one-half of one percent,new text begin or greater than
two votes in a precinct where 400 or fewer voters cast ballots,
new text end the postelection review
official must, within two days, conduct an additional review ofnew text begin the races indicated in
subdivision 3 in
new text end at least three precincts in the same jurisdiction where the discrepancy
was discovered. If all precincts in that jurisdiction have been reviewed, the county auditor
must immediately publicly select by lot at least three additional precincts for review. The
postelection review official must complete the additional review within two days after
the precincts are selected and report the results immediately to the county auditor. If the
second reviewnew text begin in any of the reviewed precinctsnew text end also indicates a difference in the vote totals
compiled by the voting system that is greater than one-half of one percent from the result
indicated by the postelection review,new text begin or greater than two votes in a precinct where 400 or
fewer voters cast ballots,
new text end the county auditor must conduct a review of the ballots from all
the remaining precincts in the countynew text begin for the races indicated in subdivision 3new text end. This review
must be completed no later than six weeks after the state general election.

(b) If the results from the countywide reviews from one or more counties comprising
in the aggregate more than ten percent of the total number of persons voting in the election
clearly indicate that an error in vote counting has occurred, the postelection review official
must conduct a manual recount of all the ballots in the district for the affected office. The
recount must be completed and the results reported to the appropriate canvassing board no
later than ten weeks after the state general election.

Sec. 22.

Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:


Subd. 2.

Information required.

The report to be filed by a candidate or committee
must include:

(1) the name of the candidate or ballot question;

(2) thenew text begin printednew text end name deleted text beginanddeleted text endnew text begin,new text end addressnew text begin, telephone number, signature, and e-mail address,
if available,
new text end of the person responsible for filing the report;

(3) the total amount of receipts and expenditures for the period from the last previous
report to five days before the current report is due;

(4) the amount, date, and purpose for each expenditure; and

(5) the name, address, and employer, or occupation if self-employed, of any
individual or committee that during the year has made one or more contributions that in
the aggregate deleted text beginare equal to or greater thandeleted text endnew text begin exceednew text end $100, and the amount and date of each
contribution.new text begin The filing officer must restrict public access to the address of any individual
who has made a contribution that exceeds $100 and who has filed with the filing officer a
written statement signed by the individual that withholding the individual's address from
the financial report is required for the safety of the individual or the individual's family.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to contributions made after December 31, 2007. However, if a candidate
or committee has filed a report before the effective date of this section that includes
contributions made after December 31, 2007, the candidate or committee does not need to
amend or refile that report.
new text end

Sec. 23.

Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:


Subdivision 1.

Penalty.

A candidate who intentionally fails to file a report required
by section 211A.02 new text beginor a certification required by this section new text endis guilty of a misdemeanor.
The treasurer of a committee formed to promote or defeat a ballot question who
intentionally fails to file a report required by section 211A.02 new text beginor a certification required
by this section
new text endis guilty of a misdemeanor. Each candidate or treasurer of a committee
formed to promote or defeat a ballot question shall certify to the filing officer that all
reports required by section 211A.02 have been submitted to the filing officer or that the
candidate or committee has not received contributions or made disbursements exceeding
$750 in the calendar year. The certification shall be submitted to the filing officer no
later than seven days after the general or special election. The secretary of state shall
prepare blanks for this certification. An officer who issues a certificate of election to a
candidate who has not certified that all reports required by section 211A.02 have been
filed is guilty of a misdemeanor.

Sec. 24. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 203B.02, subdivision 1a; and 203B.13,
subdivision 3a,
new text end new text begin are repealed.
new text end

Sec. 25. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise noted, all sections in this article are effective on June 1, 2008.
new text end

ARTICLE 2

TECHNICAL MODIFICATIONS

Section 1.

Minnesota Statutes 2006, 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 "canary ballot" described in section 204D.11, subdivision
3
.new text begin 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.
new text end

Sec. 2.

Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:


Subdivision 1.

Registration.

An individual may register to vote:

(1) at any time before the 20th day preceding any election as provided in section
201.061, subdivision 1;

(2) on the day of an election as provided in section 201.061, subdivision 3; or

(3) when submitting an absentee ballot, by enclosing a completed registration deleted text begincarddeleted text end
new text begin application new text endas provided in section 203B.04, subdivision 4.

Sec. 3.

Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:


Subd. 4.

Registration by election judges; procedures.

Registration at the polling
place on election day shall be conducted by the election judges. The election judge who
registers an individual at the polling place on election day shall not handle that voter's
ballots at any time prior to the opening of the ballot box after the voting ends. Registration
deleted text begin cardsdeleted text end new text beginapplications new text endand forms for oaths shall be available at each polling place. If an
individual who registers on election day proves residence by oath of a registered voter, the
form containing the oath shall be attached to the individual's registration deleted text begincarddeleted text endnew text begin applicationnew text end.
Registration deleted text begincardsdeleted text end new text beginapplications new text endcompleted on election day shall be forwarded to the
county auditor who shall add the name of each voter to the registration system unless the
information forwarded is substantially deficient. A county auditor who finds an election
day registration substantially deficient shall give written notice to the individual whose
registration is found deficient. An election day registration shall not be found deficient
solely because the individual who provided proof of residence was ineligible to do so.

Sec. 4.

Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:


Subd. 3.

Deficient registration.

No voter registration application is deficient if it
contains the voter's name, address, date of birth, current and valid Minnesota driver's
license number or Minnesota state identification number, or if the voter has no current and
valid Minnesota driver's license or Minnesota state identification number, the last four
digits of the voter's Social Security number, if the voter has been issued a Social Security
number, prior registration, if any, and signature. The absence of a zip code number does
not cause the registration to be deficient. Failure to check a box on an application form
that a voter has certified to be true does not cause the registration to be deficient. The
election judges shall request an individual to correct a voter registration application if it is
deficient or illegible deleted text beginor if the name or number of the voter's school district is missing or
obviously incorrect
deleted text end. No eligible voter may be prevented from voting unless the voter's
registration application is deficient or the voter is duly and successfully challenged in
accordance with section 201.195 or 204C.12.

A voter registration application accepted prior to August 1, 1983, is not deficient
for lack of date of birth. The county or municipality may attempt to obtain the date of
birth for a voter registration application accepted prior to August 1, 1983, by a request to
the voter at any time except at the polling place. Failure by the voter to comply with this
request does not make the registration deficient.

A voter registration application accepted before January 1, 2004, is not deficient for
lack of a valid Minnesota driver's license or state identification number or the last four
digits of a Social Security number. A voter registration application submitted by a voter
who does not have a Minnesota driver's license or state identification number, or a Social
Security number, is not deficient for lack of any of these numbers.

Sec. 5.

Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:


Subd. 4.

Change of registration.

deleted text beginAnydeleted text end new text beginA new text endcounty auditor who receives a registration
deleted text begin carddeleted text end new text beginapplication new text endindicating that an individual was previously registered in a different
county in Minnesota shall deleted text beginnotify the county auditor of that countydeleted text end new text beginupdate the voter's
record
new text endelectronically through the statewide registration system in the manner prescribed
deleted text begin in the rules ofdeleted text end new text beginby new text endthe secretary of state. deleted text beginA county auditor receiving a registration card
indicating that a voter was previously registered in a different precinct in the same county
or receiving a notification as provided in this subdivision shall remove that individual's
voter registration card from the files. Any
deleted text end new text beginA new text endcounty auditor who receives a registration
deleted text begin carddeleted text end new text beginapplication new text endor notification requiring a change of registration records under this
subdivision as a result of an election day registration shall also check the statewide
registration system to determine whether the individual voted in more than one precinct in
the most recent election.

Sec. 6.

Minnesota Statutes 2006, section 201.081, is amended to read:


201.081 REGISTRATION FILES.

The statewide registration system is the official record of registered voters. The
voter registration deleted text begincardsdeleted text end new text beginapplications new text endand the terminal providing access to the statewide
registration system must be under the control of the county auditor or the public official to
whom the county auditor has delegated the responsibility for maintaining voter registration
records. The voter registration deleted text begincardsdeleted text end new text beginapplications new text endand terminals providing access to the
statewide registration system must not be removed from the control of the county auditor
except as provided in this subdivision. The county auditor may make photographic copies
of voter registration deleted text begincardsdeleted text end new text beginapplications new text endin the manner provided by section 138.17.

A properly completed voter registration deleted text begincarddeleted text end new text beginapplication new text endthat has been submitted to
the secretary of state or a county auditor must be maintained by the secretary of state or
the county auditor for at least 22 months after the date that the information on the deleted text begincarddeleted text end
new text begin application new text endis entered into the database of the statewide registration system. The secretary
of state or the county auditor may dispose of the deleted text begincardsdeleted text end new text beginapplications new text endafter retention for 22
months in the manner provided by section 138.17.

Sec. 7.

Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:


Subdivision 1.

Master list.

Each county auditor shall prepare and maintain a
current list of registered voters in each precinct in the county which is known as the
master list. The master list must be created by entering each completed voter registration
deleted text begin carddeleted text end new text beginapplication new text endreceived by the county auditor into the statewide registration system. It
must show the name, residence address, and date of birth of each voter registered in
the precinct. The information contained in the master list may only be made available
to public officials for purposes related to election administration, jury selection, and in
response to a law enforcement inquiry concerning a violation of or failure to comply with
any criminal statute or state or local tax statute.

Sec. 8.

Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:


Subd. 8.

Registration places.

Each county auditor shall designate a number of
public buildings in those political subdivisions of the county where preregistration of
voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may
register to vote. At least one public building must be designated for each 30,000 residents
of the county. At least one telecommunications device for the deaf must be available for
voter registration information in each county seat and in every city of the first, second,
and third class.

An adequate supply of registration deleted text begincardsdeleted text end new text beginapplications new text endand instructions must be
maintained at each designated location, and a designated individual must be available
there to accept registration deleted text begincardsdeleted text end new text beginapplications new text endand transmit them to the county auditor.

A person who, because of disability, needs assistance in order to determine eligibility
or to register must be assisted by a designated individual. Assistance includes but is not
limited to reading the registration form and instructions and filling out the registration
form as directed by the eligible voter.

Sec. 9.

Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:


Subdivision 1.

Intentional violation.

No officer, deputy, clerk, or other employee
shall intentionally:

(1) fail to perform or enforce any of the provisions of this chapter except subdivision
2;

(2) remove a registration deleted text begincarddeleted text end new text beginapplication new text endor record from its proper place in the
registration files in a manner or for a purpose not authorized by law;

(3) destroy or make an unauthorized change to a record required to be kept by
this chapter; or

(4) add a name or names to the voter registration files, records, or deleted text begincardsdeleted text endnew text begin applicationsnew text end,
except as authorized by law.

An individual who violates this subdivision is guilty of a felony.

Sec. 10.

Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:


Subdivision 1.

Application procedures.

Except as otherwise allowed by
subdivision 2new text begin or by section 203B.11, subdivision 4new text end, an application for absentee ballots
for any election may be submitted at any time not less than one day before the day of
that election. The county auditor shall prepare absentee ballot application forms in the
format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
and shall furnish them to any person on request. By January 1 of each even-numbered
year, the secretary of state shall make the forms to be used available to auditors through
electronic means. An application submitted pursuant to this subdivision shall be in writing
and shall be submitted to:

(a) the county auditor of the county where the applicant maintains residence; or

(b) the municipal clerk of the municipality, or school district if applicable, where
the applicant maintains residence.

An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses, and states
that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
section 203B.02. The application may contain a request for the voter's date of birth, which
must not be made available for public inspection. An application may be submitted to
the county auditor or municipal clerk by an electronic facsimile device. An application
mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
by a person other than the voter must be deposited in the mail or returned in person to
the county auditor or municipal clerk within ten days after it has been dated by the voter
and no later than six days before the election. The absentee ballot applications or a list of
persons applying for an absentee ballot may not be made available for public inspection
until the close of voting on election day.

An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot application.

Sec. 11.

Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:


Subd. 4.

Registration at time of application.

An eligible voter who is not
registered to vote but who is otherwise eligible to vote by absentee ballot may register by
including a completed voter registration deleted text begincarddeleted text end new text beginapplication new text endwith the absentee ballot. The
individual shall present proof of residence as required by section 201.061, subdivision
3
, to the individual who witnesses the marking of the absentee ballots. A military voter,
as defined in section 203B.01, may register in this manner if voting pursuant to sections
203B.04 to 203B.15, or may register pursuant to sections 203B.16 to 203B.27.

Sec. 12.

Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:


Subd. 2.

City, school district, and town elections.

For citynew text begin, town, and school
district
new text end elections not held on the same day as a statewide election, deleted text beginfor school district
elections not held on the same day as a statewide election, and for town elections
conducted under the Australian ballot system,
deleted text end applications for absentee ballots shall be
filed with the city, school district, or town clerk and the duties prescribed by this chapter for
the county auditor shall be performed by the city, school district, or town clerk unless the
county auditor agrees to perform those duties on behalf of the city, school district, or town
clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by
this subdivision shall be paid by the city, town, or school district holding the election.

Notwithstanding any other law, this chapter applies to school district elections held
on the same day as a statewide election or an election for a county or municipality wholly
or partially within the school district.

Sec. 13.

Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:


Subdivision 1.

Delivery of envelopes, directions.

The county auditor or the
municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
a copy of the directions for casting an absentee ballot to each applicant whose application
for absentee ballots is accepted pursuant to section 203B.04. The directions for casting
an absentee ballot shall be printed in at least 14-point bold type with heavy leading and
may be printed on the ballot envelope. When a person requests the directions in Braille
or on cassette tape, the county auditor or municipal clerk shall provide them in the form
requested. The secretary of state shall prepare Braille and cassette copies and make them
available.

When a voter registration deleted text begincarddeleted text end new text beginapplication new text endis sent to the applicant as provided in
section 203B.06, subdivision 4, the directions or registration deleted text begincarddeleted text end new text beginapplication new text endshall include
instructions for registering to vote.

Sec. 14.

Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:


Subd. 3.

Procedures on receipt of ballots.

When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp new text beginor initial new text endand date the return
envelope deleted text beginwith an official seal of the officedeleted text end and place it in a secure location with other
return envelopes received by that office. The county auditor or municipal clerk shall
deliver to the appropriate election judges on election day all ballots received before or
with the last mail delivery by the United States Postal Service on election day. A town
clerk may request the United States Postal Service to deliver absentee ballots to the polling
place on election day instead of to the official address of the town clerk.

Sec. 15.

Minnesota Statutes 2006, section 203B.10, is amended to read:


203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
ELECTION JUDGES.

new text begin (a) new text endOn the day before an election:

deleted text begin (a)deleted text end new text begin(1) new text endthe county auditor shall deliver to the municipal clerks within that county
the applications for absentee ballots theretofore received and endorsed as provided in
section 203B.06, subdivision 5; and

deleted text begin (b)deleted text end new text begin(2) new text endthe municipal clerks shall deliver the applications received from the county
auditor and the applications for absentee ballots filed with their respective offices and
endorsed as provided in section 203B.06, subdivision 5, to the appropriate election
judges. Applications received on election day pursuant to section 203B.04, subdivision
2
, shall be promptly delivered to the election judges in the precincts or to the judges of
an absentee ballot board.

new text begin (b) Delivery of the applications to the municipal clerks and election judges in the
precinct is not required if the absentee ballot envelopes have been accepted or rejected
by an absentee ballot board pursuant to section 203B.13.
new text end

Sec. 16.

Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:


Subd. 8.

Proof of eligibility.

A candidate for judicial office or for the office of
county attorney shall submit with the affidavit of candidacy proof that the candidate is
licensed to practice law in this state.new text begin Proof means providing a copy of a current attorney
license.
new text end

A candidate for county sheriff shall submit with the affidavit of candidacy proof of
licensure as a peace officer in this state.new text begin Proof means providing a copy of a current Peace
Officer Standards and Training Board license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held after June 1, 2008.
new text end

Sec. 17.

Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:


Subd. 3.

Number of signatures.

The number of signatures required on a
nominating petition shall be as follows:

(a) for a new text beginfederal or new text endstate office voted on statewide deleted text beginor for United States senatordeleted text end, one
percent of the total number of individuals voting in the state at the last preceding state
general election, or 2,000, whichever is less;

(b) for a congressional office, five percent of the total number of individuals voting
in the district at the last preceding state general election, or 1,000, whichever is less;

(c) for a county or legislative office, ten percent of the total number of individuals
voting in the county or legislative district at the last preceding state or county general
election, or 500, whichever is less;

(d) for a municipal office in a city of the first class, the number specified in section
205.121; and

(e) for any other municipal or school district office, ten percent of the total number
of individuals voting in the municipality, ward, school district, or other election district
at the last preceding municipal, or school district if applicable, general election, or 500,
whichever is less.

Sec. 18.

Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:


Subdivision 1.

Materials, ballots.

The school district clerk shall prepare and have
printed the necessary election materials, including ballots, for a school district election.
The deleted text beginname of each candidate for office shall be rotated with the names of the other
candidates for the same office 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 the
group of candidates for that office
deleted text endnew text begin names must be arranged on school district ballots in the
manner provided in section 204D.08, subdivision 3, for state elections
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held after June 1, 2008.
new text end

Sec. 19.

Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:


Subd. 2.

Combined polling place.

When no other election is being held in two or
more precincts on the day of a school district election, the school board may designate
one or more combined polling places at which the voters in those precincts may vote in
the school district election.new text begin In school districts that have organized into separate board
member election districts under section 205A.12, a combined polling place for a school
general election must be arranged so that it does not include more than one board member
election district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for elections held after June 1, 2008.
new text end

Sec. 20.

Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:


Subd. 2.

Plan.

deleted text begin(a) Subject to paragraph (b),deleted text end The municipal clerk in a municipality
where an electronic voting system is used and the county auditor of a county in which an
electronic voting system is used in more than one municipality and the county auditor of
a county in which a counting center serving more than one municipality is located shall
prepare a plan which indicates acquisition of sufficient facilities, computer time, and
professional services and which describes the proposed manner of complying with section
206.80. The plan must be signed, notarized, and submitted to the secretary of state more
than 60 days before the first election at which the municipality uses an electronic voting
system. Prior to July 1 of each subsequent general election year, the clerk or auditor
shall submit to the secretary of state notification of any changes to the plan on file with
the secretary of state. The secretary of state shall review each plan for its sufficiency and
may request technical assistance from the Department of Administration or other agency
which may be operating as the central computer authority. The secretary of state shall
notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
of receipt of the plan. The attorney general, upon request of the secretary of state, may
seek a district court order requiring an election official to fulfill duties imposed by this
subdivision or by rules promulgated pursuant to this section.

deleted text begin (b) Systems implemented by counties and municipalities in calendar year 2006 are
exempt from paragraph (a) and section , subdivision 4, if:
deleted text end

deleted text begin (1) the municipality has fewer than 10,000 residents; and
deleted text end

deleted text begin (2) a valid county plan was filed by the county auditor of the county in which the
municipality is located.
deleted text end

Sec. 21.

Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to
read:


Subd. 2.

Social Security number.

A voter must not be included on the list of voters
prepared under Minnesota Statutes, section 201.121, subdivision 1, whose registration is
incomplete because of a failure to match the last four digits of the voter's Social Security
number until the commissioner of public safety has:

(1) entered into an agreement with the commissioner of the Social Security
Administration under Minnesota Statutes, section 201.1615, regarding the use of the last
four digits of a Social Security number to verify voter registration information;

deleted text begin (2) assembled a complete and current database of the last four digits of the Social
Security number of each resident of this state as maintained by the Social Security
Administration; and
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end certified, along with the secretary of state, that the voter registration system
has been tested and shown to properly verify the last four digits of a voter's Social
Security number.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively to November 29, 2007.
new text end

Sec. 22. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, all sections in this article are effective on June 1, 2008.
new text end