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SF 1298

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to elections; changing certain definitions, voter registration procedures
and requirements, filing requirements, voting procedures, election day
prohibitions, and ballot preparation requirements; establishing a complaint and
resolution process; requiring certain notices; providing for assessment of certain
costs; changing a petition requirement; imposing penalties; appropriating money;
amending Minnesota Statutes 2006, sections 200.02, subdivisions 7, 23; 201.056;
201.061, subdivision 1, by adding a subdivision; 201.071, subdivision 1; 201.091,
by adding a subdivision; 201.121, by adding a subdivision; 201.171; 204B.06,
subdivision 1; 204B.09, subdivision 1; 204B.11, subdivision 2; 204B.27, by
adding a subdivision; 204B.45, subdivision 1; 204C.06, subdivision 8; 204D.09,
subdivision 2; 204D.16; 205.16, subdivisions 2, 3; 205A.07, subdivision 2;
206.89, subdivision 1; 211A.05; 211B.37; 325L.03; 410.12, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 204B; repealing
Minnesota Statutes 2006, sections 200.04; 201.061, subdivision 7.

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

Section 1.

Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:


Subd. 7.

Major political party.

(a) "Major political party" means a political party
that maintains a party organization in the state, political divisionnew text begin,new text end or precinct in question
and that has presented at least one candidate for election to the office of:

(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
general at the last preceding state general election for those offices; or

(2) presidential elector or U.S. senator at the last preceding state general election for
presidential electors; and

whose candidate received votes in each county in that election and received votes
from not less than five percent of the total number of individuals who voted in that election.

(b) "Major political party" also means a political party that maintains a party
organization in the state, political subdivision, or precinct in question and that has
presented at least 45 candidates for election to the office of state representative, 23
candidates for election to the office of state senator, four candidates for election to
the office of representative in Congress, and one candidate for election to each of the
following offices: governor and lieutenant governor, attorney general, secretary of state,
and state auditor, at the last preceding state general election for those offices.

(c) "Major political party" also means a political party that maintains a party
organization in the state, political subdivision, or precinct in question and whose members
present to the secretary of state deleted text beginat any time before the close of filing for the state partisan
primary ballot
deleted text end new text beginat least six weeks before the start of the filing period new text enda petition for a place
on the state partisan primary ballot, which petition contains signatures of a number of
the party members equal to at least five percent of the total number of individuals who
voted in the preceding state general election.new text begin The petition may be circulated at any time
after January 1 and prior to six weeks before the start of the filing period in the year
the petition is submitted.
new text end

(d) A political party whose candidate receives a sufficient number of votes at a state
general election described in paragraph (a) or a political party that presents candidates at
an election as required by paragraph (b) becomes a major political party as of January
1 following that election and retains its major party status for at least two state general
elections even if the party fails to present a candidate who receives the number and
percentage of votes required under paragraph (a) or fails to present candidates as required
by paragraph (b) at subsequent state general elections.

(e) A major political party whose candidates fail to receive the number and
percentage of votes required under paragraph (a) and that fails to present candidates as
required by paragraph (b) at each of two consecutive state general elections described by
paragraph (a) or (b), respectively, loses major party status as of December 31 following
the later of the two consecutive state general elections.

Sec. 2.

Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:


Subd. 23.

Minor political party.

(a) "Minor political party" means a political party
that has adopted a state constitution, designated a state party chair, held a state convention
in the last two years, filed with the secretary of state no later than December 31 following
the most recent state general election a certification that the party has met the foregoing
requirements, and met the requirements of paragraph (b) or (e), as applicable.

(b) To be considered a minor party in all elections statewide, the political party must
have presented at least one candidate for election to the office of:

(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
general, at the last preceding state general election for those offices; or

(2) presidential elector or U.S. senator at the preceding state general election for
presidential electors; and

who received votes in each county that in the aggregate equal at least one percent
of the total number of individuals who voted in the election, or its members must have
presented to the secretary of state deleted text beginat any time before the close of filing for the state
partisan primary ballot
deleted text end new text beginat least six weeks before the start of the filing period new text enda nominating
petition in a form prescribed by the secretary of state containing the signatures of party
members in a number equal to at least one percent of the total number of individuals who
voted in the preceding state general election.new text begin The petition may be circulated at any time
after January 1 and prior to six weeks before the start of the filing period in the year
the petition is submitted.
new text end

(c) A political party whose candidate receives a sufficient number of votes at a
state general election described in paragraph (b) becomes a minor political party as of
January 1 following that election and retains its minor party status for at least two state
general elections even if the party fails to present a candidate who receives the number
and percentage of votes required under paragraph (b) at subsequent state general elections.

(d) A minor political party whose candidates fail to receive the number and
percentage of votes required under paragraph (b) at each of two consecutive state general
elections described by paragraph (b) loses minor party status as of December 31 following
the later of the two consecutive state general elections.

(e) A minor party that qualifies to be a major party loses its status as a minor party
at the time it becomes a major party. Votes received by the candidates of a major party
must be counted in determining whether the party received sufficient votes to qualify as
a minor party, notwithstanding that the party does not receive sufficient votes to retain
its major party status. To be considered a minor party in an election in a legislative
district, the political party must have presented at least one candidate for a legislative
office in that district who received votes from at least ten percent of the total number of
individuals who voted for that office, or its members must have presented to the secretary
of state a nominating petition in a form prescribed by the secretary of state containing the
signatures of party members in a number equal to at least ten percent of the total number
of individuals who voted in the preceding state general election for that legislative office.

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 new text beginwho registers to vote
using a paper registration application
new text endshall be required to sign deleted text begina registration carddeleted text end by
making the individual's mark. If the individual registers in person, the clerk or election
judge accepting the registration shall certify the mark by signing the individual's name. If
the individual registers by mail, 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.new text begin If the individual registers online using the Web site maintained by the
secretary of state, no signature is required.
new text end

Sec. 4.

Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:


Subdivision 1.

Prior to election day.

At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible voter or any
individual who will be an eligible voter at the time of the next election may register to
vote in the precinct in which the voter maintains residence by completing a new text beginpaper new text endvoter
registration application as described in section 201.071, subdivision 1, and submitting it in
person or by mail to the county auditor of that county or to the Secretary of State's Office.
new text begin If the individual has a Minnesota driver's license, identification card, or learner's permit,
the individual may register online using the Web site maintained by the secretary of state.
new text endA registration that is received no later than 5:00 p.m. on the 21st day preceding any
election shall be accepted. An improperly addressed or delivered registration application
shall be forwarded within two working days after receipt to the county auditor of the
county where the voter maintains residence. A state or local agency or an individual that
accepts completed voter registration applications from a voter must submit the completed
applications to the secretary of state or the appropriate county auditor within ten days
after the applications are dated by the voter.

For purposes of this section, mail registration is defined as a voter registration
application delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.

Sec. 5.

Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision
to read:


new text begin Subd. 1b. 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. 6.

Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:


Subdivision 1.

Form.

A voter registration application must deleted text beginbe of suitable size and
weight for mailing and
deleted text end contain spaces for the following required information: voter's first
name, middle name, and last name; voter's previous name, if any; voter's current address;
voter's previous address, if any; voter's date of birth; voter's municipality and county of
residence; voter's telephone number, if provided by the voter; date of registration; 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, new text beginand new text endthe last four digits of the voter's Social Security numberdeleted text begin; and voter's
signature
deleted text end. The registration application may include the voter's e-mail address, if provided
by the voter, and the voter's interest in serving as an election judge, if indicated by the
voter. The application must also contain the following certification of voter eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my
right to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) have the right to vote because, if I have been convicted of a felony, my felony
sentence has expired (been completed) or I have been discharged from my sentence; and

(8) have read and understand the following statement: that giving false information
is a felony punishable by not more than five years imprisonment or a fine of not more
than $10,000, or both."

The certification must include boxes for the voter to respond to the following
questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

new text begin A paper voter registration application must include space for the voter's signature
and be of suitable size and weight for mailing.
new text end

Sec. 7.

Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Registration verification to registered voter. new text end

new text begin The secretary of state
must provide for voter registration verification to a registered voter on the secretary of
state's Web site. An individual must provide the individual's name, address, and date of
birth when requesting registration verification. If the verification information provided
completely matches an active registration record in the statewide registration system, the
individual must be informed that the individual is a registered voter and provided with
the individual's polling place location. If the verification information provided does not
completely match an active registration record in the statewide registration system, the
individual must be informed that a registration record at the name and address provided
cannot be retrieved and advised to contact the county auditor or secretary of state for
further information.
new text end

Sec. 8.

Minnesota Statutes 2006, section 201.121, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Biennial verification. new text end

new text begin Not more than 14 days nor less than seven days
before the state general election, the secretary of state shall mail a notice about the
upcoming election to every household in the state. The notice must include the voter's
polling place location and the legislative, congressional, county commissioner, and school
district in which the voter resides. It must also include information on voting eligibility
and how to register to vote on election day.
new text end

Sec. 9.

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
deleted text begin fourdeleted text end new text beginsix new text endyears. 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 late new text beginor rejected new text endabsentee new text beginor mail new text endballot must
be considered a vote for the purpose of continuing registration.

Sec. 10.

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


Subdivision 1.

Form of affidavit.

An affidavit of candidacy shall state the name of
the office sought and, except as provided in subdivision 4, shall state that the candidate:

(1) is an eligible voter;

(2) has no other affidavit on file as a candidate for any office at the same primary
or next ensuing general election, except that a candidate for soil and water conservation
district supervisor in a district not located in whole or in part in Anoka, Hennepin,
Ramsey, or Washington County, may also have on file an affidavit of candidacy for
mayor or council member of a statutory or home rule charter city of not more than 2,500
population contained in whole or in part in the soil and water conservation district or for
town supervisor in a town of not more than 2,500 population contained in whole or in part
in the soil and water conservation district; and

(3) is, or will be on assuming the office, 21 years of age or more, and will have
maintained residence in the district from which the candidate seeks election for 30 days
before the general election.

An affidavit of candidacy must include a statement that the candidate's name as
written on the affidavit for ballot designation is the candidate's true name or the name by
which the candidate is commonly and generally known in the community.

An affidavit of candidacy for partisan office shall also state the name of the
candidate's political party or political principle, stated in three words or less.new text begin The affidavit
of candidacy must include an original signature of the candidate.
new text end

Sec. 11.

Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:


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.07new text begin, but no earlier than 70 days
before the state primary
new text end
. 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 for new text begincounty new text endoffices deleted text beginto be voted on in only one county shalldeleted text end
new text begin must new text endbe filed with the county auditor of that county. Affidavits and petitions for new text beginfederal
new text endoffices deleted text beginto be voted on in more than one county shalldeleted text end new text beginmust new text endbe 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

Sec. 12.

Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:


Subd. 2.

Petition in place of filing fee.

At the time of filing an affidavit of
candidacy, a candidate may present a petition in place of the filing fee. new text beginThe petition may
be circulated during the 90 days preceding the first day to file affidavits of candidacy and
during the filing period.
new text endThe petition may be signed by any individual eligible to vote
for the candidate. A nominating petition filed pursuant to section 204B.07 or 204B.13,
subdivision 4
, is effective as a petition in place of a filing fee if the nominating petition
includes a prominent statement informing the signers of the petition that it will be used for
that purpose.

The number of signatures on a petition in place of a filing fee shall be as follows:

(a) for a state office voted on statewide, or for president of the United States, or
United States senator, 2,000;

(b) for a congressional office, 1,000;

(c) for a county or legislative office, or for the office of district judge, 500; and

(d) for any other office which requires a filing fee as prescribed by law, municipal
charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
votes cast in the municipality, ward, or other election district at the preceding general
election at which that office was on the ballot.

An official with whom petitions are filed shall make sample forms for petitions in
place of filing fees available upon request.

Sec. 13.

Minnesota Statutes 2006, section 204B.27, is amended by adding a
subdivision to read:


new text begin Subd. 12. new text end

new text begin Information to naturalized citizens. new text end

new text begin Each month, the secretary of state
shall obtain a list of the name and residential address of each citizen newly naturalized in
this state during the previous month and shall mail to each person on the list information
on registering to vote and serving as an election judge.
new text end

Sec. 14.

new text begin [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin An eligible voter may file a complaint to seek the resolution
of any of the following conditions that have occurred or are about to occur:
new text end

new text begin (1) a voting system, including an electronic ballot marker, meeting the requirements
of section 206.80 is not available for use by voters either casting an absentee ballot in
person at the locations designated by the county auditor or local election official, or for
voting at any polling place on election day;
new text end

new text begin (2) voter records in the statewide registration system are not maintained by the
secretary of state or a county auditor in the manner provided in chapter 201;
new text end

new text begin (3) voters are unable to register to vote in the manner provided by section 201.061; or
new text end

new text begin (4) the secretary of state, county auditor, or local election official has failed to carry
out a duty required by Title III of the Help America Vote Act of 2002.
new text end

new text begin Complaints against a municipal or school district clerk must be filed with the county
auditor of the county in which the action has or is about to occur. Complaints against a
county auditor must be filed with the secretary of state. Complaints against the secretary of
state must be filed with the Office of Administrative Hearings. The secretary of state shall
provide a standard form for all complaints filed under this section. The form must provide
space for the person filing the complaint to specify the legal basis for the complaint. The
proceedings authorized by this section are not subject to the requirements of chapter 14.
new text end

new text begin Subd. 2. new text end

new text begin Notice of complaint. new text end

new text begin The official of the jurisdiction against which the
complaint has been filed must receive written notice of the complaint, including a copy of
the complaint filed, within seven days after the date on which the complaint is filed.
new text end

new text begin Subd. 3. new text end

new text begin Resolution of complaint. new text end

new text begin Within 14 days after a copy of the complaint has
been received, the official of the jurisdiction against which the complaint was filed must
respond in writing to the person filing the complaint and state the manner in which the
official proposes to resolve the issue stated in the complaint.
new text end

new text begin Subd. 4. new text end

new text begin Request for hearing. new text end

new text begin If the person filing the complaint believes that the
response provided in subdivision 3 does not resolve the issue, a request for hearing may
be filed with the official receiving the original complaint. The person requesting the
hearing must state the objection to the response and propose an alternate course of action
to resolve the issue that is consistent with the provisions of the Minnesota Election Law.
A ruling must be made within 14 days of the hearing.
new text end

new text begin Subd. 5. new text end

new text begin Appeal. new text end

new text begin No later than 30 days after a ruling is made, the person filing
the complaint may appeal the ruling. If the complaint is filed against a municipal clerk,
school district clerk, or county auditor, the appeal must be filed with the secretary of state.
If the complaint is filed against the secretary of state, the appeal must be filed with the
Ramsey County District Court. The appeal must be heard within 14 days. Upon hearing
the appeal, the secretary of state or district court may affirm, reverse, or modify the ruling
and give appropriate instructions, as needed, to the secretary of state, county auditor, or
local election official to resolve the issue stated in the original complaint.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 15.

Minnesota Statutes 2006, section 204B.45, subdivision 1, is amended to read:


Subdivision 1.

Authorization.

A municipality having fewer than deleted text begin400deleted text end new text begin1,000
new text endregistered voters on June 1 of an election year and not located in a metropolitan county as
defined by section 473.121 may provide balloting by mail at any municipal, county, or
state election with no polling place other than the office of the auditor or clerk or other
locations designated by the auditor or clerk. The governing body may apply to the county
auditor for permission to conduct balloting by mail. The county board may provide for
balloting by mail in unorganized territory. The governing body of any municipality may
designate for mail balloting any precinct having fewer than 50 registered voters, subject to
the approval of the county auditor.

Voted ballots may be returned in person to any location designated by the county
auditor or municipal clerk.

Sec. 16.

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


Subd. 8.

Access for news media.

A news media representative may enter a polling
place during voting hours only to observe the voting process. A media representative must
present photo identification to the head election judge upon arrival at the polling place,
along with either a recognized media credential or written statement from a local election
official attesting to the media representative's credentials. A media representative must not:

(1) approach within six feet of a voter;

(2) converse with a voter while in the polling place;

(3) make a list of persons voting or not voting; deleted text beginor
deleted text end

(4) new text beginphotograph a voter without the voter's consent; or
new text end

new text begin (5) new text endinterfere with the voting process.

Sec. 17.

Minnesota Statutes 2006, section 204D.09, subdivision 2, is amended to read:


Subd. 2.

Sample ballot.

At least two weeks before the state primary the county
auditor shall prepare deleted text beginadeleted text end sample state partisan primary deleted text beginballotdeleted text end new text beginballots new text endand deleted text beginadeleted text end sample state and
county nonpartisan primary deleted text beginballotdeleted text end new text beginballots showing the offices and questions to be voted on
in each precinct in the county and make them available
new text endfor public inspectionnew text begin at the county
auditor's office
new text end. deleted text beginThe names of all of the candidates to be voted for in the county shall be
placed on the sample ballots, with the names of the candidates for each office arranged
alphabetically according to the surname. Only one sample state partisan primary ballot
and one sample state and county nonpartisan ballot shall be prepared for any county. The
county auditor shall post the sample ballots in a conspicuous place in the auditor's office
and shall cause them to be published at least one week before the state primary in at least
one newspaper of general circulation in the county.
deleted text endnew text begin The county auditor must also either
post the sample ballot for each precinct electronically on the county's Web site or publish a
single sample ballot in at least one newspaper of general circulation in the county. The
published sample ballot must list the candidates in base rotation order for every office on
the ballot and include all questions that will appear on the ballot.
new text end

Sec. 18.

Minnesota Statutes 2006, section 204D.16, is amended to read:


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

Two weeks before the state general election the county auditor shall prepare sample
copies of the white and canary ballots deleted text beginand shall post copies of these sample ballots and a
sample of the pink ballot in the auditor's office for public inspection. No earlier than 15
days and no later than two
deleted text end new text beginfor each precinct in the county and make them available for
public inspection in the county auditor's office. At least 15
new text enddays before the state general
election the county auditor shall deleted text begincause the sample white and canary ballots to be publisheddeleted text end
new text begin also either post the sample ballot for each precinct electronically on the county's Web site
or publish a single sample ballot
new text endin at least one newspaper of general circulation in the
countydeleted text begin.deleted text endnew text begin no later than one week before the general election. The published sample ballot
must list the candidates in base rotation order for every office on the ballot and include all
questions that will appear on the ballot.
new text end

Sec. 19.

Minnesota Statutes 2006, section 205.16, subdivision 2, is amended to read:


Subd. 2.

Sample ballot, publication.

For every municipal election, the municipal
clerk shall, at least deleted text beginone weekdeleted text end new text begintwo weeks new text endbefore the election, new text begineither post the sample ballot
for each precinct electronically on the municipality's Web site or
new text endpublish a new text beginsingle new text endsample
ballot in deleted text beginthe officialdeleted text end new text beginat least one new text endnewspaper of deleted text beginthe municipality, except thatdeleted text end new text begingeneral
circulation no later than one week before the election. The published sample ballot must
list the candidates in base rotation order for every municipal office on the ballot and
include all municipal questions that will appear on the ballot.
new text endThe governing body of a
fourth class city or a town not located within a metropolitan county as defined in section
473.121 may dispense with publication.

Sec. 20.

Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:


Subd. 3.

Sample ballot, posting.

For every municipal election, the municipal clerk
shall at least deleted text beginfour daysdeleted text end new text begintwo weeks new text endbefore the election deleted text beginpostdeleted text end new text beginprepare new text enda sample ballot new text beginfor each
precinct in the municipality, make them available for public inspection
new text endin the clerk's office
deleted text begin for public inspectiondeleted text end, and post a sample ballot in each polling place on election day.

Sec. 21.

Minnesota Statutes 2006, section 205A.07, subdivision 2, is amended to read:


Subd. 2.

Sample ballot, posting.

For every school district primary, general, or
special election, the school district clerk shall at least deleted text beginfour daysdeleted text end new text begintwo weeks new text endbefore the
primary, general, or special election, new text begineither new text endpost deleted text beginadeleted text end new text beginthe new text endsample deleted text beginballot in the administrative
offices of the school district for public inspection, and
deleted text end new text beginballots for each precinct
electronically on the school district's Web site or publish a single sample ballot in at
least one newspaper of general circulation in the school district no later than one week
before the election. The published sample ballot must list the candidates in base rotation
order for every school district office on the ballot and include all school district questions
that will appear on the ballot. The school district clerk
new text endshall new text beginalso new text endpost a sample ballot in
each polling place on election day.

Sec. 22.

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. The county auditor
may designate the municipal clerk as the "postelection review official" within 24 hours of
the canvass of the state general election.
new text end

Sec. 23.

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


211A.05 FAILURE TO FILE STATEMENT.

Subdivision 1.

Penalty.

A candidate who intentionally fails to file a report required
by section 211A.02 new text beginor 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 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.

Subd. 2.

Notice of failure to filenew text begin; penaltynew text end.

deleted text beginIf a candidate or committee fails to file
a report on the date it is due, the filing officer shall immediately notify the candidate or
committee of the failure to file. If a report is not filed within ten days after the notification
is mailed, the filing officer shall file a complaint under section 211B.32.
deleted text end new text beginNo later than four
business days after the date on which a report is due, the filing officer must send a notice
by certified mail to any individual who fails to file a statement required by this chapter. If
an individual fails to file a statement within ten business days after the notice of failure to
file was sent, the filing officer must impose a late filing fee of $10 per day, not to exceed
$200, commencing with the 11th day after the notice was sent. If the individual fails to
file the statement within 30 days after the notice was sent, the filing officer must file a
complaint under section 211B.32 and the late filing fee must be made payable to the Office
of Administrative Hearings in lieu of any payment that would otherwise be assessed to the
county from which the complaint was filed.
new text end

Sec. 24.

Minnesota Statutes 2006, section 211B.37, is amended to read:


211B.37 COSTS ASSESSED.

new text begin Subdivision 1. new text end

new text begin State offices and questions new text end

Except as otherwise provided in
section 211B.36, subdivision 3, the chief administrative law judge shall assess the cost
of considering complaints filed under section 211B.32 as provided in this section. Costs
of complaints relating to a statewide ballot question or an election for a statewide or
legislative office must be assessed against the appropriation from the general fund to the
general account of the state elections campaign fund in section 10A.31, subdivision 4.
deleted text begin Costs of complaints relating to any other ballot question or elective office must be assessed
against the county or counties in which the election is held. Where the election is held in
more than one county, the chief administrative law judge shall apportion the assessment
among the counties in proportion to their respective populations within the election district
to which the complaint relates according to the most recent decennial federal census.
deleted text end

new text begin Subd. 2. new text end

new text begin Local offices and questions. new text end

new text begin If a complaint relating to an election
for a county, municipal, school district, or special district office or ballot question is
dismissed, the chief administrative law judge must assess the costs to the complainant. If
the complaint results in one of the actions provided in section 211B.35, subdivision 2,
paragraphs (b) to (e), the chief administrative law judge must assess the costs to the person
named in the complaint. If the person named in the complaint was named in the person's
capacity as an employee of the local jurisdiction, the costs must be assessed to the local
jurisdiction. If the chief administrative law judge determines that a complaint resulting
in one of the actions provided in section 211B.35, subdivision 2, paragraphs (b) to (e),
was the consequence of an error or omission on the part of an election official, the costs
must be assessed to the official.
new text end

Sec. 25.

Minnesota Statutes 2006, section 325L.03, is amended to read:


325L.03 SCOPE.

(a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to
electronic records and electronic signatures relating to a transaction.

(b) This chapter does not apply to a transaction to the extent it is governed by:

(1) the Uniform Commercial Code other than section 336.1-306, article 2, and
article 2A; and

(2) section 145C.03, subdivision 1, relating to requirements for creation of a health
care directive; section 507.24, relating to requirements for recording any conveyance,
power of attorney, or other instrument affecting real estate; section 523.23, subdivision
3
, relating to requirements for creation of a statutory short form power of attorney; and
section 253B.03, subdivision 6b, relating to requirements for creation of a declaration of
preferences or instructions regarding intrusive mental health treatment.

(c) This chapter applies to an electronic record or electronic signature otherwise
excluded from the application of this chapter under paragraph (b) to the extent it is
governed by a law other than those specified in paragraph (b).

(d) A transaction subject to this chapter is also subject to other applicable substantive
law.

(e) This chapter does not apply to the creation and execution of wills, codicils, or
trusts other than trusts relating to the conduct of business, commercial, or governmental
purposes.

new text begin (f) This chapter does not apply to affidavits of candidacy relating to the conduct of
elections.
new text end

Sec. 26.

Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:


Subdivision 1.

Proposals.

The charter commission may propose amendments to
such charter and shall do so upon the petition of voters equal in number to five percent of
the total votes cast at the last previous state general election in the city. Proposed charter
amendments must be submitted at least 12 weeks before the general election. new text beginPetitions
may be signed no earlier than 26 weeks before the general election.
new text endOnly registered
voters are eligible to sign the petition. All petitions circulated with respect to a charter
amendment shall be uniform in character and shall have attached thereto the text of the
proposed amendment in full; except that in the case of a proposed amendment containing
more than 1,000 words, a true and correct copy of the same may be filed with the city
clerk, and the petition shall then contain a summary of not less than 50 nor more than 300
words setting forth in substance the nature of the proposed amendment. Such summary
shall contain a statement of the objects and purposes of the amendment proposed and an
outline of any proposed new scheme or frame work of government and shall be sufficient
to inform the signers of the petition as to what change in government is sought to be
accomplished by the amendment. The summary, together with a copy of the proposed
amendment, shall first be submitted to the charter commission for its approval as to form
and substance. The commission shall within ten days after such submission to it, return
the same to the proposers of the amendment with such modifications in statement as it
may deem necessary in order that the summary may fairly comply with the requirements
above set forth.

Sec. 27. new text beginAPPROPRIATION.
new text end

new text begin $....... in fiscal year 2008 and $....... in fiscal year 2009 are appropriated from the
general fund to the secretary of state for the purpose of implementing sections 1 to 27.
new text end

Sec. 28. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 200.04; and 201.061, subdivision 7, new text end new text begin are repealed.
new text end