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Minnesota Legislature

Office of the Revisor of Statutes

SF 1331

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:17pm

KEY: stricken = removed, old language.
underscored = added, new language.
1.1A bill for an act
1.2relating to elections; changing certain procedures and requirements; establishing
1.3new election procedures;amending Minnesota Statutes 2008, sections 13.607,
1.4subdivision 7; 135A.17, subdivision 2; 201.016, subdivisions 1a, 2; 201.022,
1.5subdivision 1; 201.056; 201.061, subdivisions 1, 3; 201.071, subdivision 1;
1.6201.091, by adding a subdivision; 201.11; 201.12; 201.13; 202A.14, subdivision
1.73; 203B.001; 203B.01, by adding a subdivision; 203B.03, subdivision 1;
1.8203B.04, subdivisions 1, 6; 203B.05; 203B.06, subdivision 3; 203B.07,
1.9subdivisions 2, 3; 203B.08, subdivisions 2, 3; 203B.081; 203B.085; 203B.11,
1.10subdivision 1; 203B.12, subdivision 2; 203B.125; 203B.23, subdivisions 1,
1.112; 203B.24, subdivision 1; 203B.26; 204B.04, subdivisions 2, 3; 204B.07,
1.12subdivision 1; 204B.09, subdivisions 1, 3; 204B.11, subdivision 2; 204B.13,
1.13subdivisions 1, 2, by adding subdivisions; 204B.14, subdivision 4, by adding
1.14a subdivision; 204B.16, subdivision 1; 204B.18, subdivision 1; 204B.27,
1.15subdivision 2; 204B.33; 204B.38; 204B.45, subdivision 2; 204B.46; 204C.02;
1.16204C.04, subdivision 1; 204C.06, subdivision 1; 204C.08, subdivisions 1a, 3;
1.17204C.10; 204C.13, subdivisions 2, 6; 204C.15, subdivision 3; 204C.17; 204C.27;
1.18204C.30, by adding a subdivision; 204C.33, subdivisions 1, 3; 204C.37;
1.19204D.04, subdivision 2; 204D.09, subdivision 2; 204D.28, subdivisions 5, 6, 8,
1.209; 205.065, subdivision 2; 205.075, subdivision 1, by adding a subdivision;
1.21205.13, subdivisions 1, 2; 205.16, subdivisions 2, 3; 205.185, subdivision 3,
1.22by adding a subdivision; 205A.03, subdivision 1; 205A.05, subdivisions 1, 2;
1.23205A.07, subdivision 2; 205A.10, subdivisions 2, 3, by adding a subdivision;
1.24206.57, subdivision 6; 206.61, subdivision 5; 206.83; 206.89, subdivision 2;
1.25208.05; 211A.02, subdivision 2; 211A.05, subdivision 2; 367.03, subdivision 4,
1.26by adding a subdivision; 412.02, subdivision 2a; 414.02, subdivision 4; 414.031,
1.27subdivision 6; 414.0325, subdivisions 1, 4; 414.033, subdivision 7; proposing
1.28coding for new law in Minnesota Statutes, chapters 203B; 204B; 204D;
1.29205; 205A; repealing Minnesota Statutes 2008, sections 201.096; 203B.04,
1.30subdivision 5; 203B.10; 203B.11, subdivision 2; 203B.12; 203B.13; 203B.25;
1.31204B.12, subdivision 2a; 204B.13, subdivisions 4, 5, 6; 204B.41; 204D.169;
1.32206.805, subdivision 2.
1.33BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1ARTICLE 1
2.2ABSENTEE AND EARLY VOTING

2.3    Section 1. Minnesota Statutes 2008, section 13.607, subdivision 7, is amended to read:
2.4    Subd. 7. Absentee ballots. Disclosure of names of voters submitting absentee
2.5ballots is governed by section 203B.12, subdivision 7 203B.121, subdivision 2.

2.6    Sec. 2. Minnesota Statutes 2008, section 201.022, subdivision 1, is amended to read:
2.7    Subdivision 1. Establishment. The secretary of state shall maintain a statewide
2.8voter registration system to facilitate voter registration and to provide a central database
2.9containing voter registration information from around the state. The system must be
2.10accessible to the county auditor of each county in the state. The system must also:
2.11(1) provide for voters to submit their voter registration applications to any county
2.12auditor, the secretary of state, or the Department of Public Safety;
2.13(2) provide for the definition, establishment, and maintenance of a central database
2.14for all voter registration information;
2.15(3) provide for entering data into the statewide registration system;
2.16(4) provide for electronic transfer of completed voter registration applications from
2.17the Department of Public Safety to the secretary of state or the county auditor;
2.18(5) assign a unique identifier to each legally registered voter in the state;
2.19(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
2.20state identification number, and last four digits of the Social Security number for each
2.21voter record;
2.22(7) coordinate with other agency databases within the state;
2.23(8) allow county auditors and the secretary of state to add or modify information in
2.24the system to provide for accurate and up-to-date records;
2.25(9) allow county auditors, municipal and school district clerks, and the secretary
2.26of state to have electronic access to the statewide registration system for review and
2.27search capabilities;
2.28(10) provide security and protection of all information in the statewide registration
2.29system and ensure that unauthorized access is not allowed;
2.30(11) provide access to municipal clerks to use the system;
2.31(12) provide a system for each county to identify the precinct to which a voter
2.32should be assigned for voting purposes;
2.33(13) provide daily reports accessible by county auditors on the driver's license
2.34numbers, state identification numbers, or last four digits of the Social Security numbers
3.1submitted on voter registration applications that have been verified as accurate by the
3.2secretary of state; and
3.3(14) provide reports on the number of absentee ballots transmitted to and returned
3.4and cast by voters under section 203B.16; and
3.5(15) provide rosters, master lists, and other reports necessary for early voting.
3.6The appropriate state or local official shall provide security measures to prevent
3.7unauthorized access to the computerized list established under section 201.021.

3.8    Sec. 3. Minnesota Statutes 2008, section 203B.001, is amended to read:
3.9203B.001 ELECTION LAW APPLICABILITY.
3.10The Minnesota Election Law is applicable to voting by absentee ballot and early
3.11voting unless otherwise provided in this chapter.

3.12    Sec. 4. Minnesota Statutes 2008, section 203B.01, is amended by adding a subdivision
3.13to read:
3.14    Subd. 5. Early voting. "Early voting" means voting in person before election day at
3.15the office of the county auditor or any other location authorized in this chapter within the
3.16time period provided in section 203B.31.

3.17    Sec. 5. Minnesota Statutes 2008, section 203B.03, subdivision 1, is amended to read:
3.18    Subdivision 1. Violation. No individual shall intentionally:
3.19(a) make or sign any false certificate required by this chapter;
3.20(b) make any false or untrue statement in any application for absentee ballots;
3.21(c) apply for absentee ballots more than once in any election with the intent to
3.22cast an illegal ballot;
3.23(d) exhibit a ballot marked by that individual to any other individual;
3.24(e) do any act in violation of the provisions of this chapter for the purpose of casting
3.25an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;
3.26(f) use information from absentee ballot or early voting materials or records for
3.27purposes unrelated to elections, political activities, or law enforcement;
3.28(g) provide assistance to an absentee or early voter except in the manner provided by
3.29section 204C.15, subdivision 1;
3.30(h) solicit the vote of an absentee or early voter while in the immediate presence of
3.31the voter during the time the individual knows the absentee or early voter is voting; or
3.32(i) alter an absentee ballot application after it has been signed by the voter, except by
3.33an election official for administrative purposes.
4.1Before inspecting information from absentee ballot or early voting materials or
4.2records, an individual shall provide identification to the public official having custody of
4.3the material or information.

4.4    Sec. 6. Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:
4.5    Subdivision 1. Application procedures. Except as otherwise allowed by
4.6subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
4.7for any election may be submitted at any time not less than one day before the day of
4.8that election. The county auditor shall prepare absentee ballot application forms in the
4.9format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
4.10and shall furnish them to any person on request. By January 1 of each even-numbered
4.11year, the secretary of state shall make the forms to be used available to auditors through
4.12electronic means. An application submitted pursuant to this subdivision shall be in writing
4.13and shall be submitted to:
4.14    (a) (1) the county auditor of the county where the applicant maintains residence; or
4.15    (b) (2) the municipal clerk of the municipality, or school district if applicable, where
4.16the applicant maintains residence.
4.17    An application shall be approved if it is timely received, signed and dated by the
4.18applicant, contains the applicant's name and residence and mailing addresses, and states
4.19that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
4.20section 203B.02. The application may must contain a request for the voter's applicant's
4.21date of birth, which the applicant's Minnesota driver's license or state identification card
4.22number, and the last four digits of the applicant's Social Security number, if the applicant
4.23has these numbers, an oath that the information contained on the form is accurate, that the
4.24applicant is applying on the applicant's own behalf, and that the applicant is signing the
4.25form under penalty of perjury. An applicant's full date of birth, driver's license or state
4.26identification number, and the last four digits of the applicant's Social Security number
4.27must not be made available for public inspection. An application may be submitted to
4.28the county auditor or municipal clerk by an electronic facsimile device. An application
4.29mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
4.30by a person other than the voter must be deposited in the mail or returned in person to
4.31the county auditor or municipal clerk within ten days after it has been dated by the voter
4.32and no later than six days before the election. The absentee ballot applications or a list of
4.33persons applying for an absentee ballot may not be made available for public inspection
4.34until the close of voting on election day.
5.1    An application under this subdivision may contain an application under subdivision
5.25 6 to automatically receive an absentee ballot application.

5.3    Sec. 7. Minnesota Statutes 2008, section 203B.04, subdivision 6, is amended to read:
5.4    Subd. 6. Ongoing absentee status; termination. (a) An eligible voter may apply to
5.5a county auditor or municipal clerk for status as an ongoing absentee voter who reasonably
5.6expects to meet the requirements of section 203B.02, subdivision 1. The voter may
5.7decline to receive an absentee ballot for one or more elections if that request is received
5.8by the county auditor or municipal clerk at least five days before the deadline in section
5.9204B.35 for delivering ballots for the election to which it applies. Sixty days before each
5.10state primary, the county auditor must send each voter with ongoing absentee ballot status
5.11a nonforwardable postcard to notify the voter when the voter can expect to receive the
5.12ballots. Each applicant must automatically be provided with an absentee ballot application
5.13for each ensuing election other than an election by mail conducted under section 204B.45,
5.14or as otherwise requested by the voter, and must have the status of ongoing absentee voter
5.15indicated on the voter's registration record.
5.16(b) Ongoing absentee voter status ends on:
5.17(1) the voter's written request;
5.18(2) the voter's death;
5.19(3) return of an ongoing absentee ballot as undeliverable;
5.20(4) a change in the voter's status so that the voter is not eligible to vote under section
5.21201.15 or 201.155; or
5.22(5) placement of the voter's registration on inactive status under section 201.171.
5.23By May 1, 2010, each county auditor shall mail an explanation of the changes to the
5.24ongoing absentee balloting process and an updated ongoing absentee voter application to
5.25every voter with ongoing absentee ballot status in their county. A voter must return the
5.26application to maintain the voter's status as an ongoing absentee voter. Upon receipt of
5.27a completed application, the county auditor shall scan an image of the application and
5.28update the voter's record with any new or changed information.
5.29EFFECTIVE DATE.This section is not effective until the secretary of state has
5.30certified that the statewide voter registration system has been tested and shown to properly
5.31allow for the issuance of ballots to ongoing absentee voters.

6.1    Sec. 8. Minnesota Statutes 2008, section 203B.05, is amended to read:
6.2203B.05 DESIGNATION OF MUNICIPAL CLERKS TO ADMINISTER
6.3EARLY AND ABSENTEE VOTING LAWS.
6.4    Subdivision 1. Generally. The full-time clerk of any city or town shall administer
6.5the provisions of sections 203B.04 to 203B.15 and 203B.30 to 203B.35 if:
6.6(a) (1) the county auditor of that county has designated the clerk to administer
6.7them; or
6.8(b) (2) the clerk has given the county auditor of that county notice of intention
6.9to administer them.
6.10A clerk may only administer the provisions of sections 203B.04 to 203B.15 and
6.11203B.30 to 203B.35 if the clerk has technical capacity to access the statewide voter
6.12registration system in the secure manner prescribed by the secretary of state. The secretary
6.13of state must identify hardware, software, security, or other technical prerequisites
6.14necessary to ensure the security, access controls, and performance of the statewide voter
6.15registration system. A clerk must receive training approved by the secretary of state
6.16on the use of the statewide voter registration system before administering this section.
6.17A clerk may not use the statewide voter registration system until the clerk has received
6.18the required training.
6.19    Subd. 2. City, school district, and town elections. For city, town, and school
6.20district elections not held on the same day as a statewide election, applications for
6.21absentee ballots shall be filed with the city, school district, or town clerk and the duties
6.22prescribed by this chapter for the county auditor shall be performed by the city, school
6.23district, or town clerk unless the county auditor agrees to perform those duties on behalf
6.24of the city, school district, or town clerk. The costs incurred to provide absentee ballots
6.25and perform the duties prescribed by this subdivision shall be paid by the city, town, or
6.26school district holding the election.
6.27    Notwithstanding any other law, this chapter applies to school district elections held
6.28on the same day as a statewide election or an election for a county or municipality wholly
6.29or partially within the school district.
6.30EFFECTIVE DATE.This section is not effective until the secretary of state has
6.31certified that the statewide voter registration system has been tested, shown to properly
6.32allow municipal clerks to update absentee voting records, and to be able to handle the
6.33expected volume of use.

6.34    Sec. 9. Minnesota Statutes 2008, section 203B.06, subdivision 3, is amended to read:
7.1    Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted
7.2at a time when absentee ballots are not yet available for distribution, the county auditor,
7.3or municipal clerk accepting the application shall file it and as soon as absentee ballots
7.4are available for distribution shall mail them to the address specified in the application.
7.5If an application for absentee ballots is accepted when absentee ballots are available for
7.6distribution, the county auditor or municipal clerk accepting the application shall promptly:
7.7    (1) mail the ballots to the voter whose signature appears on the application if the
7.8application is submitted by mail and does not request commercial shipping under clause
7.9(2);
7.10    (2) ship the ballots to the voter using a commercial shipper requested by the voter at
7.11the voter's expense;
7.12    (3) deliver the absentee ballots directly to the voter if the application is submitted in
7.13person; or
7.14    (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
7.15been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
7.16voter who would have difficulty getting to the polls because of incapacitating health
7.17reasons, or who is disabled, or who is a patient in a health care facility, a resident of
7.18a facility providing assisted living services governed by chapter 144G, a participant in
7.19a residential program for adults licensed under section 245A.02, subdivision 14, or a
7.20resident of a shelter for battered women as defined in section 611A.37, subdivision 4.
7.21    (b) If an application does not indicate the election for which absentee ballots are
7.22sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the
7.23next election occurring after receipt of the application. Only one set of ballots may be
7.24mailed, shipped, or delivered to an applicant for any election, except as provided in section
7.25203B.13 203B.121, subdivision 2 , or when a replacement ballot has been requested by the
7.26voter for a ballot that has been spoiled or lost in transit.
7.27EFFECTIVE DATE.This section is not effective until the secretary of state has
7.28certified that the statewide voter registration system has been tested, shown to properly
7.29allow municipal clerks to update absentee voting records, and to be able to handle the
7.30expected volume of use.

7.31    Sec. 10. [203B.065] RECORDING APPLICATIONS.
7.32Upon accepting an application for a state primary or state general election, the
7.33county auditor or municipal clerk shall record in the statewide registration system the
7.34voter's name, address of residence in Minnesota, mailing address, Minnesota driver's
7.35license or state identification number, or the last four digits of the voter's Social Security
8.1number, if provided by the voter, that an absentee ballot has been transmitted to the voter,
8.2the method of transmission, and the date of transmission.
8.3Upon receipt of a returned absentee ballot for a state primary or state general
8.4election, the county auditor or municipal clerk shall record in the statewide voter
8.5registration system that the voter has returned the ballot.
8.6Upon receipt of notice that the ballot board has accepted or rejected the absentee
8.7ballot for a state primary or state general election, the county auditor or municipal clerk
8.8shall record in the statewide voter registration system whether the ballot was accepted or
8.9rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to
8.10the voter, the county auditor or municipal clerk shall record this in the statewide voter
8.11registration system.
8.12EFFECTIVE DATE.This section is not effective until the secretary of state has
8.13certified that the statewide voter registration system has been tested, shown to properly
8.14allow municipal clerks to update absentee voting records, and to be able to handle the
8.15expected volume of use.

8.16    Sec. 11. Minnesota Statutes 2008, section 203B.07, subdivision 2, is amended to read:
8.17    Subd. 2. Design of envelopes. The return envelope shall be of sufficient size to
8.18conveniently enclose and contain the ballot envelope and a folded voter registration
8.19application. The return envelope shall be designed to open on the left-hand end. If the
8.20voter was not previously registered, The return envelope must be designed in one of
8.21the following ways:
8.22    (1) it must be of sufficient size to contain an additional envelope that when sealed,
8.23conceals the signature, identification, and other information; or
8.24    (2) it must provide an additional flap that when sealed, conceals the signature,
8.25identification, and other information.
8.26     Election officials may open the flap or the additional envelope at any time after
8.27receiving the returned ballot to inspect the returned certificate for completeness or to
8.28ascertain other information.

8.29    Sec. 12. Minnesota Statutes 2008, section 203B.07, subdivision 3, is amended to read:
8.30    Subd. 3. Eligibility certificate. A certificate of eligibility to vote by absentee ballot
8.31shall be printed on the back of the return envelope. The certificate shall contain space for
8.32the voter's Minnesota driver's license, state identification number, or the last four digits of
8.33the voter's Social Security number or to indicate that they do not have one, and a statement
8.34to be signed and sworn by the voter indicating that the voter meets all of the requirements
9.1established by law for voting by absentee ballot, that the ballots were unmarked when
9.2received by the voter, and that the voter personally marked the ballots without showing
9.3how they were marked, or, if the voter was physically unable to mark them, that the voter
9.4directed another individual to mark them. If the voter was not previously registered at that
9.5address, the certificate shall also contain space for a statement signed by a person who
9.6is registered to vote in Minnesota or by a notary public or other individual authorized to
9.7administer oaths a United States citizen stating that:
9.8    (1) the ballots were displayed to that individual unmarked;
9.9    (2) the voter marked the ballots in that individual's presence without showing how
9.10they were marked, or, if the voter was physically unable to mark them, that the voter
9.11directed another individual to mark them; and
9.12    (3) if the voter was not previously registered, the voter has provided proof of
9.13residence as required by section 201.061, subdivision 3.

9.14    Sec. 13. Minnesota Statutes 2008, section 203B.08, subdivision 2, is amended to read:
9.15    Subd. 2. Address on return envelopes. The county auditor or municipal clerk shall
9.16address return envelopes to allow direct mailing of the absentee ballots to:
9.17(a) the county auditor or municipal clerk who sent the ballots to the voter; has the
9.18responsibility to accept and reject the absentee ballots.
9.19(b) the clerk of the town or city in which the absent voter is eligible to vote; or
9.20(c) the appropriate election judges.
9.21EFFECTIVE DATE.This section is not effective until the secretary of state has
9.22certified that the statewide voter registration system has been tested, shown to properly
9.23allow municipal clerks to update absentee voting records, and to be able to handle the
9.24expected volume of use.

9.25    Sec. 14. Minnesota Statutes 2008, section 203B.08, subdivision 3, is amended to read:
9.26    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
9.27county auditor or municipal clerk, that official shall stamp or initial and date the return
9.28envelope and place it in a secure location with other return envelopes received by that
9.29office. Within five days of receipt, the county auditor or municipal clerk shall deliver to the
9.30appropriate election judges on election day all ballots received before or with the last mail
9.31delivery by the United States Postal Service on election day. A town clerk may request the
9.32United States Postal Service to deliver absentee ballots to the polling place on election
9.33day instead of to the official address of the town clerk. ballot board all ballots received,
10.1except that during the 14 days immediately preceding an election, the county auditor or
10.2municipal clerk shall deliver all ballots received to the ballot board within three days.
10.3EFFECTIVE DATE.This section is not effective until the secretary of state has
10.4certified that the statewide voter registration system has been tested, shown to properly
10.5allow municipal clerks to update absentee voting records, and to be able to handle the
10.6expected volume of use.

10.7    Sec. 15. Minnesota Statutes 2008, section 203B.081, is amended to read:
10.8203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
10.9    An eligible voter may vote by absentee ballot during the 30 days before the election
10.10up until the third day before the election in the office of the county auditor and at any
10.11other polling place designated by the county auditor, except that an eligible voter may
10.12not vote by absentee ballot in person during the period for early voting, as provided in
10.13section 203B.31. On the day before the election, voters who had planned on voting in
10.14person in the polling place and only learned of circumstances in the last four days that will
10.15prevent them from doing so may vote by absentee ballot. The county auditor shall make
10.16such polling place designations under this section at least 90 days before the election. At
10.17least one voting booth in each polling place must be made available by the county auditor
10.18for this purpose. The county auditor must also make available at least one electronic ballot
10.19marker in each polling place that has implemented a voting system that is accessible for
10.20individuals with disabilities pursuant to section 206.57, subdivision 5.

10.21    Sec. 16. Minnesota Statutes 2008, section 203B.085, is amended to read:
10.22203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
10.23REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
10.24    The county auditor's office in each county and the clerk's office in each city or
10.25town authorized under section 203B.05 to administer absentee balloting must be open for
10.26acceptance of absentee ballot applications and casting of absentee ballots from 10:00 a.m.
10.27to 3:00 p.m. on Saturday and until 5:00 p.m. noon on the day immediately Saturday
10.28preceding a primary, special, or general election unless that day falls on a Saturday
10.29or Sunday. On the day before the election, the office must be open for acceptance of
10.30absentee ballot applications and casting of absentee ballots for voters who additionally
10.31certify that they had planned on voting in person in the polling place and only learned of
10.32circumstances in the last four days that will prevent them from doing so. Town clerks'
10.33offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday
11.1before a town general election held in March. The school district clerk, when performing
11.2the county auditor's election duties, need not comply with this section.

11.3    Sec. 17. Minnesota Statutes 2008, section 203B.11, subdivision 1, is amended to read:
11.4    Subdivision 1. Generally. Each full-time municipal clerk or school district
11.5clerk who has authority under section 203B.05 to administer absentee and early voting
11.6laws shall designate election judges to deliver absentee ballots in accordance with this
11.7section. The county auditor must also designate election judges to perform the duties in
11.8this section. A ballot may be delivered only to an eligible voter who is a temporary or
11.9permanent resident or patient in a health care facility or hospital located in the municipality
11.10in which the voter maintains residence. The ballots shall be delivered by two election
11.11judges, each of whom is affiliated with a different major political party. When the election
11.12judges deliver or return ballots as provided in this section, they shall travel together in the
11.13same vehicle. The election judges must bring a ballot box. Both election judges shall be
11.14present when an applicant completes the certificate of eligibility signs the certification
11.15required by section 204C.10, paragraph (b), and marks the absentee ballots, and may assist
11.16an applicant as provided in section 204C.15. Voters must insert their ballots into the
11.17ballot box. The election judges shall deposit the return envelopes containing the marked
11.18absentee ballots remove the ballots from the ballot box, place them in a sealed container
11.19and return them to the clerk on the same day that they are delivered and marked.
11.20Election judges may bring an electronic ballot counter to serve as the ballot box.
11.21Election judges may bring an electronic ballot marker.

11.22    Sec. 18. [203B.121] BALLOT BOARDS.
11.23    Subdivision 1. Establishment; applicable laws. (a) The governing body of each
11.24county, municipality, and school district with responsibility to accept and reject absentee
11.25ballots or administer early voting must, by ordinance or resolution, establish a ballot
11.26board. The board must consist of a sufficient number of election judges appointed as
11.27provided in sections 204B.19 to 204B.22. The board may consist of staff trained as
11.28election judges, in which case the board is exempt from sections 204B.19, subdivision 5,
11.29and 204C.15, relating to party balance in the appointment of judges, and is also exempt
11.30from the duties otherwise required to be performed by ballot board members or election
11.31judges of two different major political parties.
11.32(b) Each jurisdiction must pay a reasonable compensation to each member of that
11.33jurisdiction's ballot board for services rendered during an election.
12.1(c) Except as otherwise provided by this section, all provisions of the Minnesota
12.2Election Law apply to a ballot board.
12.3    Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot
12.4board shall take possession of all return envelopes delivered to them in accordance
12.5with section 203B.08. Upon receipt from the county auditor, municipal clerk, or school
12.6district clerk, two or more members of the ballot board of different major political parties
12.7shall examine each return envelope and shall mark it accepted or rejected in the manner
12.8provided in this subdivision.
12.9(b) The members of the ballot board shall mark the return envelope "accepted" and
12.10initial or sign the return envelope below the word "accepted" if a majority of the members
12.11of the ballot board are satisfied that:
12.12(1) the voter's name and address on the return envelope are the same as the
12.13information provided on the absentee ballot application;
12.14(2) the voter signed the certification on the envelope;
12.15(3) the voter's Minnesota driver's license, state identification number, or the last four
12.16digits of the voter's Social Security number are the same as the number provided on the
12.17voter's application for ballots. If the number does not match the number as submitted on
12.18the application, or if a number was not submitted on the application, the election judges
12.19must make a reasonable effort to determine through other information provided by the
12.20applicant that the ballots were returned by the same person to whom the ballots were
12.21transmitted;
12.22(4) the voter is registered and eligible to vote in the precinct or has included a
12.23properly completed voter registration application in the return envelope; and
12.24(5) the voter has not already voted at that election, either in person or by absentee
12.25ballot.
12.26The return envelope from accepted ballots must be preserved and returned to the
12.27county auditor.
12.28The ballots from return envelopes marked "accepted" shall be opened, duplicated as
12.29needed in the manner provided in section 206.86, subdivision 5, initialed by the members
12.30of the ballot board, and deposited in the appropriate ballot box. These duties must be
12.31performed by ballot board members of two different major political parties. If more than
12.32one ballot is enclosed in the ballot envelope, none of the ballots shall be counted but
12.33all ballots of that kind shall be returned in the manner provided by section 204C.25 for
12.34return of spoiled ballots.
12.35(c) (1) If a majority of the members of the ballot board examining a return envelope
12.36find that an absentee voter has failed to meet one of the requirements provided in
13.1paragraph (b), they shall mark the return envelope "rejected," initial or sign it below the
13.2word "rejected," list the reason for the rejection on the envelope, and return it to the county
13.3auditor. There is no other reason for rejecting an absentee ballot beyond those permitted
13.4by this section. Failure to place the ballot within the security envelope before placing it in
13.5the outer white envelope is not a reason to reject an absentee ballot.
13.6(2) If an envelope has been rejected at least five days before the election, the
13.7envelope must remain sealed and the official in charge of the ballot board shall provide
13.8the voter with a replacement absentee ballot and return envelope in place of the rejected
13.9ballot. Notwithstanding any rule to the contrary, the official in charge of the election is not
13.10required to write "replacement" on the replacement ballot.
13.11(3) If an envelope is rejected within five days of the election, the envelope must
13.12remain sealed and the official in charge of the ballot board must attempt to contact the
13.13voter by telephone or electronic mail to notify the voter that the voter's ballot has been
13.14rejected. The official must document the attempts made to contact the voter.
13.15(d) The names of voters who have submitted an absentee ballot return envelope to
13.16the county auditor or municipal clerk that has not been accepted by a ballot board may not
13.17be made available for public inspection until the close of voting on election day.
13.18    Subd. 3. Duties of ballot board; early voting. The members of the ballot board
13.19shall administer the process of early voting as prescribed in section 203B.35, and shall
13.20make a record of voters who cast ballots early and count those ballots as provided in
13.21subdivisions 4 and 5.
13.22    Subd. 4. Record of voting. (a) The county auditor or municipal clerk must
13.23immediately record that a voter's absentee ballot has been accepted or that the voter has
13.24cast a ballot pursuant to the early voting procedures provided in this chapter, in order to
13.25prevent the voter from casting more than one ballot at an election. After a voter's record
13.26has been marked, the individual must not be allowed to vote again at that election. In a
13.27state primary, state general, or state special election, the auditor or clerk must also record
13.28in the statewide voter registration system that the voter has cast a ballot.
13.29(b) The roster must be marked, or a supplemental report created, no later than the
13.30start of voting on election day to indicate the voters that have already cast a ballot at the
13.31election. The roster may be marked either:
13.32(1) by the municipal clerk before election day;
13.33(2) by the ballot board before election day; or
13.34(3) by the election judges at the polling place on election day.
13.35The record of a voter who cast an absentee ballot in person on the day prior to the
13.36election, or whose absentee ballot arrived by mail on the day of, or the day prior to the
14.1election, is not required to be marked on the roster or contained in a supplemental report
14.2as required by this paragraph.
14.3    Subd. 5. Storage and counting of absentee and early voting ballots. (a) On a day
14.4on which early voting or absentee ballots are inserted into a ballot box, two members of
14.5the ballot board of different major political parties must:
14.6(1) remove the ballots from the ballot box at the end of the day;
14.7(2) without inspecting the ballots, ensure that the number of ballots removed from
14.8the ballot box is equal to the combined number of voters who voted in person and voters
14.9whose absentee ballots were accepted that day; and
14.10(3) seal and secure all voted and unvoted ballots present in that location at the end
14.11of the day.
14.12(b) After the polls have closed on election day, two members of the ballot board of
14.13different major political parties must count the ballots, tabulating the vote in a manner that
14.14indicates each vote of the voter and the total votes cast for each candidate or question. In
14.15state primary and state general elections, the results must indicate the total votes cast for
14.16each candidate or question in each precinct and report the vote totals tabulated for each
14.17precinct. The count shall be public. No vote totals from ballots may be made public
14.18before the close of voting on election day.
14.19In state primary and state general elections, these vote totals shall be added to the
14.20vote totals on the summary statements of the returns for the appropriate precinct. In other
14.21elections, these vote totals may be added to the vote totals on the summary statement of
14.22returns for the appropriate precinct or may be reported as a separate total.
14.23(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
14.24completed previously, the members of the ballot board must verify within 48 hours after
14.25election day that voters whose absentee ballots arrived after the rosters were marked or
14.26supplemental reports were generated and whose ballots were accepted did not vote in
14.27person on election day. This task must be completed before the members of the ballot
14.28board take any additional steps to process and count these ballots.
14.29EFFECTIVE DATE.The provisions of this section related to absentee voting are
14.30effective when the secretary of state has certified that the statewide voter registration
14.31system has been tested, shown to properly allow municipal clerks to update absentee
14.32voting records, and to be able to handle the expected volume of use.

14.33    Sec. 19. Minnesota Statutes 2008, section 203B.125, is amended to read:
14.34203B.125 SECRETARY OF STATE TO MAKE RULES.
15.1The secretary of state shall adopt rules establishing methods and procedures for
15.2issuing ballot cards and related absentee forms to be used as provided in section 203B.08,
15.3subdivision 1a
, and for the reconciliation of voters and ballot cards before tabulation under
15.4section 203B.12 204C.20, subdivision 1.

15.5    Sec. 20. Minnesota Statutes 2008, section 203B.23, subdivision 1, is amended to read:
15.6    Subdivision 1. Establishment. The county auditor must establish an absentee ballot
15.7board for ballots issued under sections 203B.16 to 203B.27. The board may consist of
15.8staff trained and certified as election judges, in which case, the board is exempt from
15.9sections 204B.19, subdivision 5, and 204C.15, relating to party balance in appointment
15.10of judges and to duties to be performed by judges or members of the ballot board of
15.11different major political parties.

15.12    Sec. 21. Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:
15.13    Subd. 2. Duties. The absentee ballot board must examine all returned absentee
15.14ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject
15.15the absentee ballots in the manner provided in section 203B.24. If the certificate of voter
15.16eligibility is not printed on the return or administrative envelope, the certificate must
15.17be attached to the ballot secrecy envelope.
15.18    The absentee ballot board must immediately examine the return envelopes and mark
15.19them "accepted" or "rejected" during the 30 days before the election. If an envelope has
15.20been rejected at least five days before the election, the ballots in the envelope must be
15.21considered spoiled ballots and the official in charge of the absentee ballot board must
15.22provide the voter with a replacement absentee ballot and return envelope in place of
15.23the spoiled ballot.
15.24Except for federal write-in absentee ballots, the ballots from return envelopes
15.25marked "Accepted" must be opened, duplicated as needed in the manner provided by
15.26section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited
15.27in the appropriate ballot box. These duties must be performed by two members of the
15.28ballot board of different major political parties.
15.29Federal write-in absentee ballots marked "Accepted" must be opened, duplicated as
15.30needed in the manner provided by section 206.86, subdivision 5, initialed by the members
15.31of the ballot board, and deposited in the appropriate ballot box after 5:00 p.m. on the
15.32fourth day before the election, unless the voter has submitted another absentee ballot with
15.33a later postmark which has been accepted by the board.
16.1In all other respects, the provisions of the Minnesota Election Law governing
16.2deposit and counting of ballots apply.
16.3No vote totals from absentee ballots may be made public before the close of voting
16.4on election day.
16.5EFFECTIVE DATE.This section is not effective until the secretary of state has
16.6certified that the statewide voter registration system has been tested, shown to properly
16.7allow municipal clerks to update absentee voting records, and to be able to handle the
16.8expected volume of use.

16.9    Sec. 22. Minnesota Statutes 2008, section 203B.24, subdivision 1, is amended to read:
16.10    Subdivision 1. Check of voter eligibility; proper execution of certificate. Upon
16.11receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the
16.12election judges members of the ballot board shall compare the voter's name with the
16.13names recorded under section 203B.19 in the statewide registration system to insure
16.14that the ballot is from a voter eligible to cast an absentee ballot under sections 203B.16
16.15to 203B.27. The election judges Two members of the ballot board of different major
16.16political parties shall mark the return envelope "Accepted" and initial or sign the return
16.17envelope below the word "Accepted" if the election judges a majority of the members of
16.18the ballot board are satisfied that:
16.19    (1) the voter's name on the return envelope appears in substantially the same form as
16.20on the application records provided to the election judges by the county auditor;
16.21    (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
16.22the Help America Vote Act, Public Law 107-252;
16.23    (3) the voter has set forth the same voter's passport number, or Minnesota driver's
16.24license or state identification card number, or the last four digits of the voter's Social
16.25Security number as submitted on the application, if the voter has one of these documents;
16.26and
16.27    (4) the voter is not known to have died; and
16.28(5) the voter has not already voted at that election, either in person or by absentee
16.29ballot.
16.30    If the identification number described in clause (3) does not match the number
16.31as submitted on the application, the election judges members of the ballot board must
16.32make a reasonable effort to satisfy themselves through other information provided by the
16.33applicant, or by an individual authorized to apply on behalf of the voter, that the ballots
16.34were returned by the same person to whom the ballots were transmitted.
17.1    An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be
17.2rejected for the lack of one of clauses (1) to (4) (5). In particular, failure to place the
17.3ballot within the security envelope before placing it in the outer white envelope is not a
17.4reason to reject an absentee ballot.
17.5    Election judges Members of the ballot board must note the reason for rejection on
17.6the back of the envelope in the space provided for that purpose.
17.7    Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
17.8shall not be counted if the certificate on the return envelope is not properly executed. In
17.9all other respects the provisions of the Minnesota Election Law governing deposit and
17.10counting of ballots shall apply. Notwithstanding other provisions of this section, the
17.11counting of the absentee ballot of a deceased voter does not invalidate the election.
17.12EFFECTIVE DATE.This section is not effective until the secretary of state has
17.13certified that the statewide voter registration system has been tested, shown to properly
17.14allow municipal clerks to update absentee voting records, and to be able to handle the
17.15expected volume of use.

17.16    Sec. 23. Minnesota Statutes 2008, section 203B.26, is amended to read:
17.17203B.26 SEPARATE RECORD.
17.18    A separate record of the ballots of absent voters cast under sections 203B.16 to
17.19203B.27 must be generated from the statewide registration system for each precinct
17.20and provided to the election judges in the polling place on election day, along with the
17.21returned envelopes marked "accepted" by the absentee ballot board. The content of the
17.22record must be in a form prescribed by the secretary of state. The election judges in the
17.23polling place must note on the record any envelopes that had been marked "accepted" by
17.24the absentee ballot board but were not counted. The election judges must preserve the
17.25record and return it to the county auditor or municipal clerk with the election day retained
17.26with the other election materials.
17.27EFFECTIVE DATE.This section is not effective until the secretary of state has
17.28certified that the statewide voter registration system has been tested, shown to properly
17.29allow municipal clerks to update absentee voting records, and to be able to handle the
17.30expected volume of use.

17.31    Sec. 24. [203B.30] EARLY VOTING.
17.32Any eligible voter may vote in person before election day in the manner provided
17.33in sections 203B.31 to 203B.35.

18.1    Sec. 25. [203B.31] TIME PERIOD FOR EARLY VOTING.
18.2Early voting must be available to any eligible voter as provided in section 203B.32
18.3for every primary, general, and special election from 15 days before the election through
18.45:00 p.m. on the fourth day before the election. All voters in line at 5:00 p.m. on the
18.5fourth day before the election must be allowed to vote.

18.6    Sec. 26. [203B.32] HOURS FOR EARLY VOTING.
18.7Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on
18.8each weekday during the time period provided in section 203B.31; from 8:00 a.m. to
18.98:00 p.m. on at least one of those days; and from 10:00 a.m. to 3:00 p.m. on the second
18.10Saturday before the election.

18.11    Sec. 27. [203B.33] LOCATIONS FOR EARLY VOTING.
18.12(a) Early voting must be made available at a polling place designated in the county
18.13auditor's office, at the municipal clerk's office in every municipality that has been
18.14delegated the responsibility to administer absentee voting as provided in section 203B.05,
18.15and at any other location designated by the county auditor or municipal clerk at least 90
18.16days before the election. At least one voting station and one ballot marking device for
18.17disabled voters must be made available in each polling place.
18.18(b) The county auditor must make at least one ballot box available in each polling
18.19place. As soon as practicable following the public accuracy test, the county auditor must
18.20make an electronic ballot counter available.

18.21    Sec. 28. [203B.34] NOTICE TO VOTERS.
18.22The county auditor must prepare a notice to the voters of the days, times, and
18.23locations for early voting. This notice must be posted on the county's Web site and the
18.24Web site for each municipality in the county where an early voting location is designated
18.25for the election at least 14 days before the first day for early voting.

18.26    Sec. 29. [203B.35] PROCEDURES FOR EARLY VOTING.
18.27    Subdivision 1. Voting procedure. Each voter shall sign an early voting roster
18.28that includes the certification provided in section 204C.10. An individual who is not
18.29registered to vote must register in the manner provided in section 201.061, subdivision 3.
18.30After the voter has signed a roster, a member of the ballot board must provide a ballot
18.31to the voter. Ballots must be prepared and distributed by members of the ballot board in
18.32the manner provided in section 204C.09. The voter must mark the ballot and deposit it in
19.1either a precinct voting system or a sealed ballot box. A voter may not leave the polling
19.2place with the ballot.
19.3    Subd. 2. Processing of ballots. Ballots cast pursuant to sections 203B.30 to 203B.35
19.4must be processed and counted by a ballot board, and a record that voters who cast a ballot
19.5early have voted at the election must be created, as required in section 203B.121.

19.6    Sec. 30. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:
19.7    Subd. 2. Procedure. Notice of the election and the special mail procedure must be
19.8given at least six weeks prior to the election. Not more than 30 days nor later than 14 days
19.9prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters
19.10registered in the town or unorganized territory. No later than 14 days before the election,
19.11the auditor must make a subsequent mailing of ballots to those voters who register to vote
19.12after the initial mailing but before the 20th day before the election. Eligible voters not
19.13registered at the time the ballots are mailed may apply for ballots as provided in chapter
19.14203B. Ballot return envelopes, with return postage provided, must be preaddressed to the
19.15auditor or clerk and the voter may return the ballot by mail or in person to the office of
19.16the auditor or clerk. The auditor or clerk may must appoint election judges a ballot board
19.17to examine the return envelopes and mark them "accepted" or "rejected" during the 30
19.18days before the election. within three days of receipt if there are 14 or fewer days before
19.19election day, or within five days of receipt if there are more than 14 days before election
19.20day. The board may consist of staff trained as election judges, in which case, the board is
19.21exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party balance in
19.22appointment of judges and to duties to be performed by judges or members of a ballot
19.23board of different major political parties. If an envelope has been rejected at least five days
19.24before the election, the ballots in the envelope must be considered spoiled ballots remain
19.25sealed and the auditor or clerk shall provide the voter with a replacement ballot and return
19.26envelope in place of the spoiled ballot. If the ballot is rejected within five days of the
19.27election, the envelope must remain sealed and the official in charge of the ballot board must
19.28attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot
19.29has been rejected. The official must document the attempts made to contact the voter.
19.30Notwithstanding any rule to the contrary, the ballots from return envelopes marked
19.31"Accepted" must be promptly opened, duplicated as needed in the manner provided by
19.32section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited
19.33in the ballot box. These duties must be performed by two members of the ballot board of
19.34different major political parties.
20.1In all other respects, the provisions of the Minnesota Election Law governing
20.2deposit and counting of ballots apply.
20.3No vote totals from mail or absentee ballots may be made public before the close
20.4of voting on election day.
20.5The costs of the mailing shall be paid by the election jurisdiction in which the voter
20.6resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
20.7EFFECTIVE DATE.This section is not effective until the secretary of state has
20.8certified that the statewide voter registration system has been tested, shown to properly
20.9allow municipal clerks to update absentee voting records, and to be able to handle the
20.10expected volume of use.

20.11    Sec. 31. Minnesota Statutes 2008, section 204B.46, is amended to read:
20.12204B.46 MAIL ELECTIONS; QUESTIONS.
20.13    A county, municipality, or school district submitting questions to the voters at a
20.14special election may conduct an election by mail with no polling place other than the
20.15office of the auditor or clerk. No more than two questions may be submitted at a mail
20.16election and no offices may be voted on. Notice of the election must be given to the county
20.17auditor at least 53 days prior to the election. This notice shall also fulfill the requirements
20.18of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted at
20.19least six weeks prior to the election. No earlier than 20 or 30 nor later than 14 days prior
20.20to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters
20.21registered in the county, municipality, or school district. No later than 14 days before the
20.22election, the auditor or clerk must make a subsequent mailing of ballots to those voters
20.23who register to vote after the initial mailing but before the 20th day before the election.
20.24Eligible voters not registered at the time the ballots are mailed may apply for ballots
20.25pursuant to chapter 203B. The auditor or clerk must appoint a ballot board to examine the
20.26return envelopes and mark them "Accepted" or "Rejected" within three days of receipt
20.27if there are 14 or fewer days before election day, or within five days of receipt if there
20.28are more than 14 days before election day. The board may consist of staff trained as
20.29election judges, in which case, the board is exempt from sections 204B.19, subdivision
20.305, and 204C.15, relating to party balance in appointment of judges and to duties to be
20.31performed by judges or members of a ballot board of different major political parties. If an
20.32envelope has been rejected at least five days before the election, the ballots in the envelope
20.33must remain sealed and the auditor or clerk must provide the voter with a replacement
20.34ballot and return envelope in place of the spoiled ballot. If the ballot is rejected within
21.1five days of the election, the envelope must remain sealed and the official in charge of
21.2the ballot board must attempt to contact the voter by telephone or e-mail to notify the
21.3voter that the voter's ballot has been rejected. The official must document the attempts
21.4made to contact the voter.
21.5Notwithstanding any rule to the contrary, the ballots from return envelopes marked
21.6"Accepted" must be promptly opened, duplicated as needed in the manner provided
21.7by section 206.86, subdivision 5, initialed by the ballot board, and deposited in the
21.8appropriate ballot box. These duties must be performed by two members of the ballot
21.9board of different major political parties.
21.10In all other respects, the provisions of the Minnesota Election Law governing
21.11deposit and counting of ballots apply.
21.12No vote totals from mail ballots may be made public before the close of voting
21.13on election day.
21.14EFFECTIVE DATE.This section is not effective until the secretary of state has
21.15certified that the statewide voter registration system has been tested, shown to properly
21.16allow municipal clerks to update absentee voting records, and to be able to handle the
21.17expected volume of use.

21.18    Sec. 32. Minnesota Statutes 2008, section 204C.10, is amended to read:
21.19204C.10 PERMANENT REGISTRATION; VERIFICATION OF
21.20REGISTRATION.
21.21(a) An individual seeking to vote shall sign a polling place roster which states
21.22that the individual is at least 18 years of age, a citizen of the United States, has resided
21.23in Minnesota for 20 days immediately preceding the election, maintains residence at
21.24the address shown, is not under a guardianship in which the court order revokes the
21.25individual's right to vote, has not been found by a court of law to be legally incompetent
21.26to vote or has the right to vote because, if the individual was convicted of a felony, the
21.27felony sentence has expired or been completed or the individual has been discharged from
21.28the sentence, is registered and has not already voted in the election. The roster must also
21.29state: ". The polling place roster must state: "I certify that I have not already voted in
21.30this election. I certify that I am at least 18 years of age and a citizen of the United States;
21.31that I reside at the address shown and have resided in Minnesota for 20 days immediately
21.32preceding this election; that I am not under guardianship of the person in which the court
21.33order revokes my right to vote, have not been found by a court to be legally incompetent
21.34to vote, and that if convicted of a felony, my felony sentence has expired (been completed)
22.1or I have been discharged from my sentence; and that I am registered and will be voting
22.2only in this precinct. I understand that deliberately providing false information is a felony
22.3punishable by not more than five years imprisonment and a fine of not more than $10,000,
22.4or both." The words "I have not already voted in this election" and "I understand that
22.5deliberately providing false information is a felony" must be in bold type.
22.6(b) An individual voting early under sections 203B.30 to 203B.35 must sign a
22.7roster that meets the additional requirements of this paragraph. In addition to the content
22.8required under paragraph (a), the roster must also state in bold type: "I understand that
22.9after I have cast my ballot today, I cannot vote again in this election."
22.10(c) A judge may, before the applicant signs the roster, confirm the applicant's name,
22.11address, and date of birth. If the ballot board has not marked the roster in accordance with
22.12section 203B.121, the election judge must review the supplemental list of those who have
22.13already voted to ensure that the voter's name is not on the list. If a voter's name is on the
22.14list, the voter must not be allowed to sign the roster or to vote on election day.
22.15(c) (d) After the applicant signs the roster, the judge shall give the applicant a voter's
22.16receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
22.17of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
22.18voters' receipts must be maintained during the time for notice of filing an election contest.
22.19EFFECTIVE DATE.This section is not effective until the secretary of state has
22.20certified that the statewide voter registration system has been tested, shown to properly
22.21allow municipal clerks to update absentee voting records, and to be able to handle the
22.22expected volume of use.

22.23    Sec. 33. Minnesota Statutes 2008, section 204C.13, subdivision 6, is amended to read:
22.24    Subd. 6. Challenge of voter; time limits; disposition of ballots. At any time
22.25before the ballots of any voter are deposited in the ballot boxes, the election judges or any
22.26individual who was not present at the time the voter procured the ballots, but not otherwise,
22.27may challenge the eligibility of that voter and the deposit of any received absentee ballots
22.28in the ballot boxes. The election judges shall determine the eligibility of any voter who is
22.29present in the polling place in the manner provided in section 204C.12, and if the voter is
22.30found to be not eligible to vote, shall place the ballots of that voter unopened among the
22.31spoiled ballots. The election judges shall determine whether to receive or reject the ballots
22.32of an absent voter and whether to deposit received absentee ballots in the ballot boxes in
22.33the manner provided in sections 203B.12, 203B.24, and 203B.25, and shall dispose of any
22.34absentee ballots not received or deposited in the manner provided in section 203B.12. A
22.35violation of this subdivision by an election judge is a gross misdemeanor.
23.1EFFECTIVE DATE.This section is not effective until the secretary of state has
23.2certified that the statewide voter registration system has been tested, shown to properly
23.3allow municipal clerks to update absentee voting records, and to be able to handle the
23.4expected volume of use.

23.5    Sec. 34. Minnesota Statutes 2008, section 204C.13, subdivision 6, is amended to read:
23.6    Subd. 6. Challenge of voter; time limits; disposition of ballots. At any time
23.7before the ballots of any voter are deposited in the ballot boxes, the election judges or
23.8any individual who was not present at the time the voter procured the ballots, but not
23.9otherwise, may challenge the eligibility of that voter and the deposit of any received
23.10absentee ballots in the ballot boxes. The election judges shall determine the eligibility of
23.11any voter who is present in the polling place in the manner provided in section 204C.12,
23.12and if the voter is found to be not eligible to vote, shall place the ballots of that voter
23.13unopened among the spoiled ballots. The election judges shall determine whether to
23.14receive or reject the ballots of an absent voter and whether to deposit received absentee
23.15ballots in the ballot boxes in the manner provided in sections 203B.12 203B.121, 203B.24,
23.16and 203B.25, and shall dispose of any absentee ballots not received or deposited in the
23.17manner provided in section 203B.12 203B.121. A violation of this subdivision by an
23.18election judge is a gross misdemeanor.

23.19    Sec. 35. Minnesota Statutes 2008, section 204C.27, is amended to read:
23.20204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
23.21    Subdivision 1. Election supplies. One or more of the election judges in each
23.22precinct shall deliver two sets of summary statements; all spoiled white, pink, canary, and
23.23gray ballots; and the envelopes containing the white, pink, canary, and gray ballots either
23.24directly to the municipal clerk for transmittal to the county auditor's office or directly to
23.25the county auditor's office as soon as possible after the vote counting is completed but
23.26no later than 24 hours after the end of the hours for voting. One or more election judges
23.27shall deliver the remaining set of summary statements and returns, all unused and spoiled
23.28municipal and school district ballots, the envelopes containing municipal and school
23.29district ballots, and all other things furnished by the municipal or school district clerk, to
23.30the municipal or school district clerk's office within 24 hours after the end of the hours
23.31for voting. The municipal or school district clerk shall return all polling place rosters and
23.32completed voter registration cards to the county auditor within 48 hours after the end
23.33of the hours for voting.
24.1    Subd. 2. Rejected absentee ballots. All absentee ballots that were rejected and
24.2their accompanying absentee ballot applications must be delivered to the county auditor
24.3within 48 hours after the end of the hours for voting.

24.4    Sec. 36. Minnesota Statutes 2008, section 204C.30, is amended by adding a
24.5subdivision to read:
24.6    Subd. 3. Review of rejected absentee ballots. Prior to the meeting of the county
24.7canvassing board to canvass the results of the state general election, the county auditor
24.8must review any absentee ballots that were marked rejected to determine whether any
24.9were rejected in error. If the county canvassing board agrees that any ballots were rejected
24.10in error, the board must publicly open the return and ballot envelopes and initial and
24.11count the ballots to include the votes in all races in the results canvassed by the board.
24.12The county canvassing board must protect the privacy of voters' choices to the extent
24.13practicable. Except as provided in this subdivision, a rejected absentee ballot may not be
24.14reviewed outside of an election contest under chapter 209.

24.15    Sec. 37. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
24.16    Subdivision 1. County canvass. The county canvassing board shall meet at the
24.17county auditor's office on or before the seventh day between the third and tenth days
24.18following the state general election. After taking the oath of office, the board shall
24.19promptly and publicly canvass the general election returns delivered to the county auditor.
24.20Upon completion of the canvass, the board shall promptly prepare and file with the county
24.21auditor a report which states:
24.22(a) the number of individuals voting at the election in the county and in each precinct;
24.23(b) the number of individuals registering to vote on election day and the number of
24.24individuals registered before election day in each precinct;
24.25(c) the names of the candidates for each office and the number of votes received
24.26by each candidate in the county and in each precinct, including write-in candidates for
24.27state and federal office who have requested under section 204B.09 that votes for those
24.28candidates be tallied;
24.29(d) the number of votes counted for and against a proposed change of county lines
24.30or county seat; and
24.31(e) the number of votes counted for and against a constitutional amendment or other
24.32question in the county and in each precinct.
24.33The result of write-in votes cast on the general election ballots must be compiled by
24.34the county auditor before the county canvass, except that write-in votes for a candidate
25.1for state or federal office must not be counted unless the candidate has timely filed a
25.2request under section 204B.09, subdivision 3. The county auditor shall arrange for each
25.3municipality to provide an adequate number of election judges to perform this duty or
25.4the county auditor may appoint additional election judges for this purpose. The county
25.5auditor may open the envelopes or containers in which the voted ballots have been
25.6sealed in order to count and record the write-in votes and must reseal the voted ballots
25.7at the conclusion of this process.
25.8Upon completion of the canvass, the county canvassing board shall declare the
25.9candidate duly elected who received the highest number of votes for each county and state
25.10office voted for only within the county. The county auditor shall transmit one of the
25.11certified copies of the county canvassing board report for state and federal offices to the
25.12secretary of state by express mail or similar service immediately upon conclusion of
25.13the county canvass.

25.14    Sec. 38. Minnesota Statutes 2008, section 204C.33, subdivision 3, is amended to read:
25.15    Subd. 3. State canvass. The State Canvassing Board shall meet at the secretary of
25.16state's office on the second third Tuesday following the state general election to canvass
25.17the certified copies of the county canvassing board reports received from the county
25.18auditors and shall prepare a report that states:
25.19(a) the number of individuals voting in the state and in each county;
25.20(b) the number of votes received by each of the candidates, specifying the counties
25.21in which they were cast; and
25.22(c) the number of votes counted for and against each constitutional amendment,
25.23specifying the counties in which they were cast.
25.24All members of the State Canvassing Board shall sign the report and certify its
25.25correctness. The State Canvassing Board shall declare the result within three days after
25.26completing the canvass.

25.27    Sec. 39. Minnesota Statutes 2008, section 205.185, subdivision 3, is amended to read:
25.28    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a)
25.29Within seven Between 11 and 17 days after an election, a state general election, and within
25.3017 days after any other election, the governing body of a city conducting any election
25.31including a special municipal election, or the governing body of a town conducting the
25.32general election in November shall act as the canvassing board, canvass the returns, and
25.33declare the results of the election. The governing body of a town conducting the general
26.1election in March shall act as the canvassing board, canvass the returns, and declare the
26.2results of the election within two days after an election.
26.3(b) After the time for contesting elections has passed, the municipal clerk shall issue a
26.4certificate of election to each successful candidate. In case of a contest, the certificate shall
26.5not be issued until the outcome of the contest has been determined by the proper court.
26.6(c) In case of a tie vote, the canvassing board having jurisdiction over the
26.7municipality shall determine the result by lot. The clerk of the canvassing board shall
26.8certify the results of the election to the county auditor, and the clerk shall be the final
26.9custodian of the ballots and the returns of the election.

26.10    Sec. 40. Minnesota Statutes 2008, section 205.185, is amended by adding a subdivision
26.11to read:
26.12    Subd. 5. Review of rejected absentee ballots. Prior to an election not held
26.13in conjunction with a state election, a clerk may arrange to have a certified election
26.14administrator from a county or another city review all ballots that were marked rejected to
26.15determine whether any were rejected in error. These arrangements must be made at least
26.16seven days before the date of the election. If no arrangements are made, rejected absentee
26.17ballots must not be reviewed outside of an election contest under chapter 209. If the
26.18certified election administrator determines that any were rejected in error, the canvassing
26.19board must publicly open the return and ballot envelopes and initial and count the ballots
26.20to include the votes in all races in the results canvassed by the board. The canvassing board
26.21must protect the privacy of the voters' choices to the extent practicable. If the number of
26.22rejected absentee ballots could not possibly change the outcome in any of the elections or
26.23questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.

26.24    Sec. 41. Minnesota Statutes 2008, section 205A.10, subdivision 2, is amended to read:
26.25    Subd. 2. Election, conduct. A school district election must be by secret ballot and
26.26must be held and the returns made in the manner provided for the state general election, as
26.27far as practicable. The vote totals from an absentee a ballot board established pursuant
26.28to section 203B.13 203B.121 may be tabulated and reported by the school district as a
26.29whole rather than by precinct. For school district elections not held in conjunction with a
26.30statewide election, the school board shall appoint election judges as provided in section
26.31204B.21, subdivision 2 . The provisions of sections 204B.19, subdivision 5; 204B.21,
26.32subdivision 2
; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
26.33balance in appointment of judges and to duties to be performed by judges of different
27.1major political parties do not apply to school district elections not held in conjunction
27.2with a statewide election.
27.3EFFECTIVE DATE.This section is not effective until the secretary of state has
27.4certified that the statewide voter registration system has been tested, shown to properly
27.5allow municipal clerks to update absentee voting records, and to be able to handle the
27.6expected volume of use.

27.7    Sec. 42. Minnesota Statutes 2008, section 205A.10, subdivision 3, is amended to read:
27.8    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Within
27.9seven Between 11 and 17 days after a school district election held concurrently with a
27.10state general election, and within seven days after a school district election held on any
27.11other date, other than a recount of a special election conducted under section 126C.17,
27.12subdivision 9
, or 475.59, the school board shall canvass the returns and declare the
27.13results of the election. After the time for contesting elections has passed, the school
27.14district clerk shall issue a certificate of election to each successful candidate. If there is a
27.15contest, the certificate of election to that office must not be issued until the outcome of the
27.16contest has been determined by the proper court. If there is a tie vote, the school board
27.17shall determine the result by lot. The clerk shall deliver the certificate of election to the
27.18successful candidate by personal service or certified mail. The successful candidate shall
27.19file an acceptance and oath of office in writing with the clerk within 30 days of the date
27.20of mailing or personal service. A person who fails to qualify prior to the time specified
27.21shall be deemed to have refused to serve, but that filing may be made at any time before
27.22action to fill the vacancy has been taken. The school district clerk shall certify the results
27.23of the election to the county auditor, and the clerk shall be the final custodian of the ballots
27.24and the returns of the election.
27.25A school district canvassing board shall perform the duties of the school board
27.26according to the requirements of this subdivision for a recount of a special election
27.27conducted under section 126C.17, subdivision 9, or 475.59.

27.28    Sec. 43. Minnesota Statutes 2008, section 205A.10, is amended by adding a
27.29subdivision to read:
27.30    Subd. 6. Review of rejected absentee ballots. Prior to an election not held
27.31in conjunction with a state election, a clerk may arrange to have a certified election
27.32administrator from a county or another city review all ballots that were marked rejected to
27.33determine whether any were rejected in error. These arrangements must be made at least
27.34seven days before the date of the election. If no arrangements are made, rejected absentee
28.1ballots must not be reviewed outside of an election contest under chapter 209. If the
28.2certified election administrator determines that any were rejected in error, the canvassing
28.3board must publicly open the return and ballot envelopes and initial and count the ballots
28.4to include the votes in all races in the results canvassed by the board. The canvassing board
28.5must protect the privacy of the voters' choices to the extent practicable. If the number of
28.6rejected absentee ballots could not possibly change the outcome in any of the elections or
28.7questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.

28.8    Sec. 44. Minnesota Statutes 2008, section 206.83, is amended to read:
28.9206.83 TESTING OF VOTING SYSTEMS.
28.10Within 14 days before election day, The official in charge of elections shall have
28.11the voting system tested to ascertain that the system will correctly mark ballots using all
28.12methods supported by the system, including through assistive technology, and count the
28.13votes cast for all candidates and on all questions. Public notice of the time and place of the
28.14test must be given at least two days in advance by publication once in official newspapers.
28.15The test must be observed by at least two election judges, who are not of the same major
28.16political party, and must be open to representatives of the political parties, candidates, the
28.17press, and the public. The test must be conducted by (1) processing a preaudited group
28.18of ballots punched or marked to record a predetermined number of valid votes for each
28.19candidate and on each question, and must include for each office one or more ballot cards
28.20which have votes in excess of the number allowed by law in order to test the ability of
28.21the voting system tabulator and electronic ballot marker to reject those votes; and (2)
28.22processing an additional test deck of ballots marked using the electronic ballot marker
28.23for the precinct, including ballots marked using the electronic ballot display, audio ballot
28.24reader, and any assistive voting technology used with the electronic ballot marker. If any
28.25error is detected, the cause must be ascertained and corrected and an errorless count must
28.26be made before the voting system may be used in the election. After the completion of
28.27the test, the programs used and ballot cards must be sealed, retained, and disposed of as
28.28provided for paper ballots.
28.29Testing of equipment used for early voting must be conducted as soon as practicable
28.30after the equipment has been programmed. Testing of equipment used on the day of the
28.31election must be conducted within the 14 days before election day.

28.32    Sec. 45. Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read:
29.1    Subd. 2. Selection for review; notice. At the canvass of the state primary, the
29.2county canvassing board in each county must set the date, time, and place for the
29.3postelection review of the state general election to be held under this section.
29.4    At the canvass of the state general election, the county canvassing boards must select
29.5the precincts to be reviewed by lot. Ballots counted centrally by a ballot board shall be
29.6considered one precinct eligible to be selected for purposes of this subdivision. The county
29.7canvassing board of a county with fewer than 50,000 registered voters must conduct a
29.8postelection review of a total of at least two precincts. The county canvassing board of a
29.9county with between 50,000 and 100,000 registered voters must conduct a review of a total
29.10of at least three precincts. The county canvassing board of a county with over 100,000
29.11registered voters must conduct a review of a total of at least four precincts, or three percent
29.12of the total number of precincts in the county, whichever is greater. At least one precinct
29.13selected in each county must have had more than 150 votes cast at the general election.
29.14    The county auditor must notify the secretary of state of the precincts that have been
29.15chosen for review and the time and place the postelection review for that county will be
29.16conducted, as soon as the decisions are made. If the selection of precincts has not resulted
29.17in the selection of at least four precincts in each congressional district, the secretary of state
29.18may require counties to select by lot additional precincts to meet the congressional district
29.19requirement. The secretary of state must post this information on the office Web site.

29.20    Sec. 46. Minnesota Statutes 2008, section 208.05, is amended to read:
29.21208.05 STATE CANVASSING BOARD.
29.22The State Canvassing Board at its meeting on the second Tuesday after each state
29.23general election date provided in section 204C.33 shall open and canvass the returns
29.24made to the secretary of state for presidential electors and alternates, prepare a statement
29.25of the number of votes cast for the persons receiving votes for these offices, and declare
29.26the person or persons receiving the highest number of votes for each office duly elected.
29.27When it appears that more than the number of persons to be elected as presidential electors
29.28or alternates have the highest and an equal number of votes, the secretary of state, in the
29.29presence of the board shall decide by lot which of the persons shall be declared elected.
29.30The governor shall transmit to each person declared elected a certificate of election, signed
29.31by the governor, sealed with the state seal, and countersigned by the secretary of state.

29.32    Sec. 47. REPEALER.
29.33Minnesota Statutes 2008, sections 203B.04, subdivision 5; 203B.10; 203B.11,
29.34subdivision 2; 203B.12; 203B.13; and 203B.25, are repealed.
30.1EFFECTIVE DATE.This section is not effective until the secretary of state has
30.2certified that the statewide voter registration system has been tested, shown to properly
30.3allow municipal clerks to update absentee voting records, and to be able to handle the
30.4expected volume of use.

30.5    Sec. 48. EFFECTIVE DATE; APPLICABILITY.
30.6The provisions of this article related to early voting are effective when the secretary
30.7of state has certified that:
30.8(1) the statewide voter registration system has been tested, shown to properly allow
30.9for the tracking of the information required to conduct early voting, and can handle the
30.10expected volume of use; and
30.11(2) voting equipment that can tabulate at least 30 different ballot styles has been
30.12certified for use in this state. Upon certification pursuant to this paragraph, the provisions
30.13of this article related to early voting apply to all federal, state, county, and city elections
30.14held on September 1, 2010, and thereafter, and to all other elections held on January 1,
30.152014, and thereafter. A jurisdiction may implement the requirements of this chapter prior
30.16to the date provided in this paragraph, if the secretary of state has made the required
30.17certifications at least 90 days prior to the date of the election at which early voting will
30.18be used.

30.19ARTICLE 2
30.20ELECTION ADMINISTRATION

30.21    Section 1. Minnesota Statutes 2008, section 201.016, subdivision 1a, is amended to
30.22read:
30.23    Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice
30.24to any voter who the county auditor can determine has voted: (1) provided the address at
30.25which the voter maintains residence, but was allowed to vote in a precinct other than the
30.26precinct in which the voter maintains residence; and (2) not voted in the wrong precinct
30.27previously. The notice must be in the form provided by the secretary of state.
30.28(b) The county auditor shall mail a violation notice to any voter who otherwise voted
30.29in a precinct in which the voter did not maintain residence on election day. The county
30.30auditor shall also change the status of the voter in the statewide registration system to
30.31"challenged" and the voter shall be required to provide proof of residence to either the
30.32county auditor or to the election judges in the voter's precinct before voting in the next
30.33election. Any of the forms authorized by section 201.061 for registration at the polling
30.34place may be used for this purpose.
31.1(b) (c) A voter who votes in a precinct other than the precinct in which the
31.2voter maintains residence after receiving an initial violation notice as provided in this
31.3subdivision is guilty of a petty misdemeanor.
31.4(c) (d) A voter who votes in a precinct other than the precinct in which the voter
31.5maintains residence after having been found to have committed a petty misdemeanor
31.6under paragraph (b) is guilty of a misdemeanor.
31.7(d) (e) Reliance by the voter on inaccurate information regarding the location of
31.8the voter's polling place provided by the state, county, or municipality is an affirmative
31.9defense to a prosecution under this subdivision.

31.10    Sec. 2. Minnesota Statutes 2008, section 201.016, subdivision 2, is amended to read:
31.11    Subd. 2. Duration of residence. The governing body of any city by resolution may
31.12require an eligible voter to maintain residence in a precinct for a period of 30 days prior
31.13to voting on any question affecting only that precinct or voting to elect public officials
31.14representing only that precinct. The governing body of any town by resolution may
31.15require an eligible voter to maintain residence in that town for a period of 30 days prior
31.16to voting in a town election. The school board of any school district by resolution may
31.17require an eligible voter to maintain residence in that school district for a period of 30 days
31.18prior to voting in a school district election. If a political boundary, including a precinct,
31.19municipal, or school district boundary, is redrawn within the 30 days prior to an election
31.20in a manner that places an eligible voter in a new jurisdiction and the eligible voter has
31.21not changed residence during the 30 days prior to the election, the eligible voter meets
31.22any residency requirement imposed under this subdivision.

31.23    Sec. 3. Minnesota Statutes 2008, section 201.056, is amended to read:
31.24201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
31.25    An individual who is unable to write the individual's name shall be required to sign
31.26a registration application in the manner provided by section 645.44, subdivision 14. If
31.27the individual registers in person and signs by making a mark, the clerk or election judge
31.28accepting the registration shall certify the mark by signing the individual's name. If the
31.29individual registers by mail and signs by making a mark, the mark shall be certified by
31.30having a voter registered in the individual's precinct sign the individual's name and the
31.31voter's own name and give the voter's own address. An individual who has power of
31.32attorney for another person may not sign election-related documents for that person,
31.33except as provided by this section.

32.1    Sec. 4. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
32.2    Subdivision 1. Prior to election day. At any time except during the 20 days
32.3immediately preceding any regularly scheduled election, an eligible voter or any
32.4individual who will be an eligible voter at the time of the next election may register to vote
32.5in the precinct in which the voter maintains residence by completing a voter registration
32.6application as described in section 201.071, subdivision 1, and submitting it in person
32.7or by mail to the county auditor of that county or to the Secretary of State's Office.
32.8A registration that is received no later than 5:00 p.m. on the 21st day preceding any
32.9election shall be accepted. An improperly addressed or delivered registration application
32.10shall be forwarded within two working days after receipt to the county auditor of the
32.11county where the voter maintains residence. A state or local agency or an individual that
32.12accepts completed voter registration applications from a voter must submit the completed
32.13applications to the secretary of state or the appropriate county auditor within ten business
32.14days after the applications are dated by the voter.
32.15For purposes of this section, mail registration is defined as a voter registration
32.16application delivered to the secretary of state, county auditor, or municipal clerk by the
32.17United States Postal Service or a commercial carrier.

32.18    Sec. 5. Minnesota Statutes 2008, section 201.11, is amended to read:
32.19201.11 PRECINCT BOUNDARIES; HOUSE NUMBER; STREET ADDRESS
32.20CHANGED, CHANGE OF FILES.
32.21    Subdivision 1. Precinct boundaries changed. When the boundaries of a precinct
32.22are changed, the county auditor shall immediately update the voter records for that
32.23precinct in the statewide voter registration system to accurately reflect those changes.
32.24    Subd. 2. House number or street address changed. If a municipality
32.25administratively changes the number or name of a street address of an existing residence,
32.26the municipal clerk shall promptly notify the county auditor and the county auditor
32.27shall immediately update the voter records of registered voters in the statewide voter
32.28registration system to accurately reflect that change. A municipality must not make a
32.29change to the number or name of a street address of an existing residence effective during
32.30the 45 days prior to any election in a jurisdiction which includes the affected residence.

32.31    Sec. 6. Minnesota Statutes 2008, section 201.12, is amended to read:
32.32201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
32.33CHALLENGES.
33.1    Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate
33.2excess names, the county auditor may mail to any registered voter a notice stating the
33.3voter's name and address as they appear in the registration files. The notice shall request
33.4the voter to notify the county auditor if there is any mistake in the information.
33.5    Subd. 2. Moved within state. If any nonforwardable mailing from an election
33.6official is returned as undeliverable but with a permanent forwarding address in this state,
33.7the county auditor may change the voter's status to "inactive" in the statewide registration
33.8system and shall notify transmit a copy of the mailing to the auditor of the county in which
33.9the new address is located. Upon receipt of the notice, If an election is scheduled to occur
33.10in the precinct in which the voter resides in the next 47 days, the county auditor shall
33.11promptly update the voter's address in the statewide voter registration system and. If there
33.12is not an election scheduled, the auditor may wait to update the voter's address until after
33.13the next list of address changes is received from the secretary of state. Once updated, the
33.14county auditor shall mail to the voter a notice stating the voter's name, address, precinct,
33.15and polling place. The notice must advise the voter that the voter's voting address has
33.16been changed and that the voter must notify the county auditor within 21 days if the
33.17new address is not the voter's address of residence. The notice must state that it must be
33.18returned if it is not deliverable to the voter at the named address.
33.19    Subd. 3. Moved out of state. If any nonforwardable mailing from an election
33.20official is returned as undeliverable but with a permanent forwarding address outside this
33.21state, the county auditor shall promptly mail to the voter at the voter's new address a notice
33.22advising the voter that the voter's status in the statewide voter registration system will be
33.23changed to "inactive" unless the voter notifies the county auditor within 21 days that the
33.24voter is retaining the former address as the voter's address of residence. If the notice is
33.25not received by the deadline, the county auditor shall change the voter's status shall be
33.26changed to "inactive" in the statewide voter registration system.
33.27    Subd. 4. Challenges. If any nonforwardable mailing from an election official
33.28is returned as undeliverable but with no forwarding address, the county auditor shall
33.29change the registrant's status to "challenged" in the statewide voter registration system.
33.30An individual challenged in accordance with this subdivision shall comply with the
33.31provisions of section 204C.12, before being allowed to vote. If a notice mailed at least
33.3260 days after the return of the first nonforwardable mailing is also returned by the postal
33.33service, the county auditor shall change the registrant's status to "inactive" in the statewide
33.34voter registration system.
33.35EFFECTIVE DATE.This section is effective the day following final enactment.

34.1    Sec. 7. Minnesota Statutes 2008, section 201.13, is amended to read:
34.2201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER
34.3RECORDS.
34.4    Subdivision 1. Commissioner of health; reports of deceased residents. Pursuant
34.5to the Help America Vote Act of 2002, Public Law 107-252, the commissioner of health
34.6shall report monthly by electronic means to the secretary of state the name, address, date
34.7of birth, and county of residence of each individual 18 years of age or older who has died
34.8while maintaining residence in Minnesota since the last previous report. The secretary of
34.9state shall determine if any of the persons listed in the report are registered to vote and
34.10shall prepare a list of those registrants for each county auditor. Within 60 days after
34.11receiving the list from the secretary of state, the county auditor shall change the status of
34.12those registrants to "deceased" in the statewide voter registration system.
34.13    Subd. 2. Deceased nonresidents. After receiving notice of death of a voter who has
34.14died outside the county, the county auditor shall change the voter's status to "deceased."
34.15Notice must be in the form of a printed obituary or a written statement signed by a
34.16registered voter of the county.
34.17    Subd. 3. Use of change of address system. (a) At least once each month the
34.18secretary of state shall obtain a list of individuals registered to vote in this state who have
34.19filed with the United States Postal Service a change of their permanent address. However,
34.20the secretary of state shall not obtain this list within the 47 days before the state primary or
34.2147 days before a November general election.
34.22(b) If the address is changed to another address in this state, the secretary of state
34.23shall locate the precinct in which the voter resides, if possible. If the secretary of state
34.24is able to locate the precinct in which the voter resides, the secretary must transmit the
34.25information about the changed address by electronic means to the county auditor of the
34.26county in which the new address is located. As long as the voter has not voted or submitted
34.27a voter registration application since the address change, upon receipt of the information,
34.28the county auditor shall update the voter's address in the statewide voter registration
34.29system and. The county auditor shall mail to the voter a notice stating the voter's name,
34.30address, precinct, and polling place, unless the voter's record is challenged due to a felony
34.31conviction, noncitizenship, name change, incompetence, or a court's revocation of voting
34.32rights of individuals under guardianship, in which case a notice shall not be mailed. The
34.33notice must advise the voter that the voter's voting address has been changed and that the
34.34voter must notify the county auditor within 21 days if the new address is not the voter's
34.35address of residence. The notice must state that it must be returned if it is not deliverable
34.36to the voter at the named address.
35.1    (b) (c) If the change of permanent address is to an address outside this state, the
35.2secretary of state shall notify by electronic means the auditor of the county where the voter
35.3formerly resided that the voter has moved to another state. As long as the voter has not
35.4voted or submitted a voter registration application since the address change, the county
35.5auditor shall promptly mail to the voter at the voter's new address a notice advising the
35.6voter that the voter's status in the statewide voter registration system will be changed
35.7to "inactive" unless the voter notifies the county auditor within 21 days that the voter
35.8is retaining the former address as the voter's address of residence, except that if the
35.9voter's record is challenged due to a felony conviction, noncitizenship, name change,
35.10incompetence, or a court's revocation of voting rights of individuals under guardianship, a
35.11notice must not be mailed. If the notice is not received by the deadline, the county auditor
35.12shall change the voter's status to "inactive" in the statewide voter registration system.
35.13    Subd. 4. Request for removal of voter record. If a voter makes a written request
35.14for removal of the voter's record, the county auditor shall remove the record of the voter
35.15from the statewide voter registration system.
35.16EFFECTIVE DATE.This section is effective the day following final enactment.

35.17    Sec. 8. Minnesota Statutes 2008, section 202A.14, subdivision 3, is amended to read:
35.18    Subd. 3. Notice. The county or legislative district chair shall give at least six days'
35.19published notice of the holding of the precinct caucus, stating the place, date, and time for
35.20holding the caucus, and. The state party chair shall deliver the same information to the
35.21municipal clerk and county auditor secretary of state in an electronic format designated
35.22by the secretary of state at least 20 30 days before the precinct caucus. The county
35.23auditor secretary of state shall make this information available in electronic format via
35.24the secretary of state Web site at least ten days before the date of the caucuses to persons
35.25who request it.

35.26    Sec. 9. Minnesota Statutes 2008, section 204B.09, subdivision 3, is amended to read:
35.27    Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
35.28who wants write-in votes for the candidate to be counted must file a written request with
35.29the filing office for the office sought no later than the seventh day before the general
35.30election. The filing officer shall provide copies of the form to make the request.
35.31    (b) A candidate for president of the United States who files a request under this
35.32subdivision must include the name of a candidate for vice-president of the United States.
35.33The request must also include the name of at least one candidate for presidential elector.
35.34The total number of names of candidates for presidential elector on the request may not
36.1exceed the total number of electoral votes to be cast by Minnesota in the presidential
36.2election.
36.3    (c) A candidate for governor who files a request under this subdivision must include
36.4the name of a candidate for lieutenant governor.
36.5(d) A candidate who files a request under this subdivision must also pay the filing
36.6fee for that office or submit a petition in place of a filing fee, as provided in section
36.7204B.11. The fee for a candidate for president of the United States is equal to that of
36.8the office of senator in Congress.

36.9    Sec. 10. Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:
36.10    Subd. 4. Administrative boundary change procedure. Any change in the
36.11boundary of an election precinct shall must be adopted at least 90 days before the date
36.12of the next election and, for the state primary and general election, no later than June 1
36.13in the year of the state general election. The precinct boundary change shall not take
36.14effect until notice of the change has been posted in the office of the municipal clerk or
36.15county auditor for at least 60 days.
36.16The county auditor must publish a notice illustrating or describing the congressional,
36.17legislative, and county commissioner district boundaries in the county in one or more
36.18qualified newspapers in the county at least 14 days prior to the first day to file affidavits of
36.19candidacy for the state general election in the year ending in two.
36.20Alternate dates for adopting changes in precinct boundaries, posting notices
36.21of boundary changes, and notifying voters affected by boundary changes pursuant
36.22to this subdivision, and procedures for coordinating precinct boundary changes with
36.23reestablishing local government election district boundaries may be established in the
36.24manner provided in the rules of the secretary of state.

36.25    Sec. 11. Minnesota Statutes 2008, section 204B.14, is amended by adding a subdivision
36.26to read:
36.27    Subd. 4a. Municipal boundary adjustment procedure. Any change in the
36.28boundary of an election precinct that has occurred as a result of a municipal boundary
36.29adjustment made pursuant to chapter 414 which is effective more than 21 days preceding
36.30any regularly scheduled election shall take effect at the scheduled election.
36.31Any change in the boundary of an election precinct that has occurred as a result of
36.32a municipal boundary adjustment made pursuant to chapter 414 which is effective less
36.33than 21 days preceding any regularly scheduled election shall not take effect until the
36.34day after the scheduled election.

37.1    Sec. 12. Minnesota Statutes 2008, section 204B.16, subdivision 1, is amended to read:
37.2    Subdivision 1. Authority; location. The governing body of each municipality and
37.3of each county with precincts in unorganized territory shall designate by ordinance or
37.4resolution a polling place for each election precinct. Polling places must be designated and
37.5ballots must be distributed so that no one is required to go to more than one polling place
37.6to vote in a school district and municipal election held on the same day. The polling place
37.7for a precinct in a city or in a school district located in whole or in part in the metropolitan
37.8area defined by section 200.02, subdivision 24, shall be located within the boundaries of
37.9the precinct or within one mile of one of those boundaries unless a single polling place
37.10is designated for a city pursuant to section 204B.14, subdivision 2, or a school district
37.11pursuant to section 205A.11. The polling place for a precinct in unorganized territory may
37.12be located outside the precinct at a place which is convenient to the voters of the precinct.
37.13If no suitable place is available within a town or within a school district located outside
37.14the metropolitan area defined by section 200.02, subdivision 24, then the polling place for
37.15a town or school district may be located outside the town or school district within five
37.16miles of one of the boundaries of the town or school district.
37.17EFFECTIVE DATE.This section is effective June 1, 2010.

37.18    Sec. 13. Minnesota Statutes 2008, section 204B.18, subdivision 1, is amended to read:
37.19    Subdivision 1. Booths; voting stations. Each polling place must contain a number
37.20of voting booths or voting stations in proportion to the number of individuals eligible
37.21to vote in the precinct. Each booth or station must be at least six feet high, three feet
37.22deep and two feet wide with a shelf at least two feet long and one foot wide placed at a
37.23convenient height for writing. The booth or station shall permit the voter to vote privately
37.24and independently. Each polling place must have at least one accessible voting booth
37.25or other accessible voting station and beginning with federal and state elections held
37.26after December 31, 2005, and county, municipal, and school district elections held after
37.27December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of the Help
37.28America Vote Act, Public Law 107-252. Local officials must make accessible voting
37.29stations purchased with funds provided from the Help America Vote Act account available
37.30to other local jurisdictions holding stand-alone elections. Local officials who purchased
37.31the equipment may charge the other local jurisdictions for the costs of programming
37.32the equipment, as well as a prorated cost of maintenance on the equipment. Any funds
37.33received for use of the accessible voting equipment must be treated as program income
37.34and deposited into the jurisdiction's Help America Vote Act account. All booths or
37.35stations must be constructed so that a voter is free from observation while marking ballots.
38.1During the hours of voting, the booths or stations must have instructions, a pencil, and
38.2other supplies needed to mark the ballots. A chair must be provided for elderly voters
38.3and voters with disabilities to use while voting or waiting to vote. Stable flat writing
38.4surfaces must also be made available to voters who are completing election-related forms.
38.5All ballot boxes, voting booths, voting stations, and election judges must be in open
38.6public view in the polling place.

38.7    Sec. 14. Minnesota Statutes 2008, section 204B.27, subdivision 2, is amended to read:
38.8    Subd. 2. Election law and instructions. The secretary of state shall prepare and
38.9publish a volume containing all state general laws relating to elections. The attorney
38.10general shall provide annotations to the secretary of state for this volume. On or before
38.11July August 1 of every even-numbered odd-numbered year the secretary of state shall
38.12furnish to the county auditors and municipal clerks enough copies of this volume so that
38.13each county auditor and municipal clerk will have at least one copy. On or before July 1
38.14of every even-numbered year, the secretary of state shall prepare and make an electronic
38.15copy available on the office's Web site. The secretary of state may prepare and transmit
38.16to the county auditors and municipal clerks detailed written instructions for complying
38.17with election laws relating to the conduct of elections, conduct of voter registration and
38.18voting procedures.

38.19    Sec. 15. Minnesota Statutes 2008, section 204B.33, is amended to read:
38.20204B.33 NOTICE OF FILING.
38.21(a) Between June 1 and July 1 in each even-numbered year, the secretary of state
38.22shall notify each county auditor of the offices to be voted for in that county at the next
38.23state general election for which candidates file with the secretary of state. The notice shall
38.24include the time and place of filing for those offices. Within ten days after notification by
38.25the secretary of state, each county auditor shall notify each municipal clerk in the county
38.26of all the offices to be voted for in the county at that election and the time and place for
38.27filing for those offices. The county auditors and municipal clerks shall promptly post a
38.28copy of that notice in their offices and post a notice of the offices that will be on the
38.29ballot on their Web site, if one is available.
38.30(b) At least two weeks before the first day to file an affidavit of candidacy, the
38.31county auditor shall publish a notice stating the first and last dates on which affidavits of
38.32candidacy may be filed in the county auditor's office and the closing time for filing on the
38.33last day for filing. The county auditor shall post a similar notice at least ten days before
38.34the first day to file affidavits of candidacy.

39.1    Sec. 16. [204B.335] ELECTION RESULTS REPORTING SYSTEM;
39.2CANDIDATE FILING.
39.3For state primary and general elections, the county auditor must enter the offices
39.4and questions to be voted on in the county and the list of candidates for each office into
39.5the election results reporting system provided by the secretary of state no later than 46
39.6days prior to the election.
39.7EFFECTIVE DATE.This section is not effective until the secretary of state has
39.8certified that the election reporting system has been tested and shown to properly allow
39.9for the entry of candidate names and for election results to be uploaded, and to be able to
39.10handle the expected volume of use.

39.11    Sec. 17. Minnesota Statutes 2008, section 204B.38, is amended to read:
39.12204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS.
39.13When the similarity of surnames of two or more candidates for the same office
39.14at the same election may cause confusion to voters because the candidates also have
39.15similar first names, up to three additional words may be printed on the ballot after each
39.16surname to indicate the candidate's occupation, office, residence or any combination
39.17of them if the candidate furnishes the identifying words to the filing officer by the last
39.18day for withdrawal of candidacy.

39.19    Sec. 18. Minnesota Statutes 2008, section 204C.02, is amended to read:
39.20204C.02 APPLICATION.
39.21This chapter applies to all elections held in this state except as otherwise provided
39.22by law.
39.23An individual who is unable to write the individual's name shall be required to sign
39.24election-related documents in the manner provided by section 645.44, subdivision 14. An
39.25individual who has power of attorney for another person may not sign election-related
39.26documents for that person, except as provided by this section.

39.27    Sec. 19. Minnesota Statutes 2008, section 204C.04, subdivision 1, is amended to read:
39.28    Subdivision 1. Right to be absent. Every employee who is eligible to vote in an
39.29election has the right to be absent from work for the purpose of voting during the morning
39.30of for the time necessary to appear at the employee's polling place, cast a ballot, and return
39.31to work on the day of that election, without penalty or deduction from salary or wages
40.1because of the absence. An employer or other person may not directly or indirectly refuse,
40.2abridge, or interfere with this right or any other election right of an employee.

40.3    Sec. 20. Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read:
40.4    Subdivision 1. Lingering near polling place. An individual shall be allowed to go
40.5to and from the polling place for the purpose of voting without unlawful interference. No
40.6one except an election official or an individual who is waiting to register or to vote or a
40.7representative of the press or an academic institution who is conducting exit polling shall
40.8stand within 100 feet of the building in which a polling place is located. "Exit polling" is
40.9defined as approaching voters in a predetermined pattern as they leave the polling place
40.10after they have voted and asking voters to fill out an anonymous questionnaire.

40.11    Sec. 21. Minnesota Statutes 2008, section 204C.08, subdivision 1a, is amended to read:
40.12    Subd. 1a. Voter's Bill of Rights. The county auditor shall prepare and provide to
40.13each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
40.14forth in this section. Before the hours of voting are scheduled to begin, the election judges
40.15shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
40.16of Rights is as follows:
40.17"VOTER'S BILL OF RIGHTS
40.18For all persons residing in this state who meet federal voting eligibility requirements:
40.19(1) You have the right to be absent from work for the purpose of voting during the
40.20morning of without reduction to your pay, personal leave, or vacation time on election day.
40.21(2) If you are in line at your polling place any time between 7:00 a.m. and before
40.228:00 p.m., you have the right to vote.
40.23(3) If you can provide the required proof of residence, you have the right to register
40.24to vote and to vote on election day.
40.25(4) If you are unable to sign your name, you have the right to orally confirm your
40.26identity with an election judge and to direct another person to sign your name for you.
40.27(5) You have the right to request special assistance when voting.
40.28(6) If you need assistance, you may be accompanied into the voting booth by a
40.29person of your choice, except by an agent of your employer or union or a candidate.
40.30(7) You have the right to bring your minor children into the polling place and into
40.31the voting booth with you.
40.32(8) If you have been convicted of a felony but your felony sentence has expired (been
40.33completed) or you have been discharged from your sentence, you have the right to vote.
41.1(9) If you are under a guardianship, you have the right to vote, unless the court
41.2order revokes your right to vote.
41.3(10) You have the right to vote without anyone in the polling place trying to
41.4influence your vote.
41.5(11) If you make a mistake or spoil your ballot before it is submitted, you have the
41.6right to receive a replacement ballot and vote.
41.7(12) You have the right to file a written complaint at your polling place if you are
41.8dissatisfied with the way an election is being run.
41.9(13) You have the right to take a sample ballot into the voting booth with you.
41.10(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
41.11booth with you."
41.12EFFECTIVE DATE.This section is effective for the state primary in 2010 and
41.13thereafter.

41.14    Sec. 22. Minnesota Statutes 2008, section 204C.08, subdivision 3, is amended to read:
41.15    Subd. 3. Locking of ballot boxes. Immediately before the time when voting is
41.16scheduled to begin, one of the election judges shall open the ballot boxes in the presence
41.17of the individuals assembled at the polling place, turn the boxes upside down to empty
41.18them, lock them, and deliver the key to another election judge. Except as provided by
41.19this subdivision, the boxes shall not be reopened except to count the ballots until after
41.20the hours for voting have ended and all voting has been concluded. The boxes shall be
41.21kept in public view at all times during voting hours. After locking the ballot boxes, the
41.22election judges shall proclaim that voting may begin, and shall post outside the polling
41.23place conspicuous written or printed notices of the time when voting is scheduled to end.
41.24Notwithstanding Minnesota Rules, part 8230.4365, subpart 5, two election judges
41.25of different major political parties may open the ballot boxes as needed to straighten the
41.26ballots or remove voted ballots to prevent the boxes from becoming overfull. The election
41.27judges shall not count or inspect the ballots.
41.28If removing the ballots from the box, the election judges shall put the ballots into
41.29containers and seal them. The judges shall put any ballots taken from the ballot box's
41.30write-in compartment into containers separate from the other ballots and seal them. The
41.31judges shall label the ballot containers and secure them.
41.32The judges shall note on the incident report that the ballot box was opened, the
41.33time the box was opened, and, if ballots were removed, the number of any seals used to
41.34seal the ballot containers.

42.1    Sec. 23. Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read:
42.2    Subd. 2. Voting booths. One of the election judges shall explain to the voter the
42.3proper method of marking and folding the ballots and, during a primary election, the effect
42.4of attempting to vote in more than one party's primary. Except as otherwise provided in
42.5section 204C.15, the voter shall retire alone to an unoccupied voting booth and or, at the
42.6voter's discretion, the voter may choose to use another writing surface. The voter shall
42.7mark the ballots without undue delay. The voter may take sample ballots into the booth to
42.8assist in voting. The election judges may adopt and enforce reasonable rules governing the
42.9amount of time a voter may spend in the voting booth marking ballots.

42.10    Sec. 24. Minnesota Statutes 2008, section 204C.15, subdivision 3, is amended to read:
42.11    Subd. 3. Voting lines. In all polling places two election judges shall assist a
42.12disabled voter to enter the polling place and go through the registration and voting lines.
42.13The election judges must inform voters that a chair is available for use by an elderly or
42.14disabled voter while voting or waiting in a voting line, and that an elderly or disabled
42.15voter may request to be moved to the front of the line, or be provided other assistance as
42.16appropriate, in the event waiting in the voting line would cause unreasonable physical
42.17strain on the voter. The voter may also request the assistance of election judges or any
42.18other individual in marking ballots, as provided in subdivision 1.

42.19    Sec. 25. Minnesota Statutes 2008, section 204C.17, is amended to read:
42.20204C.17 VOTING; SECRECY.
42.21Except as authorized by section 204C.15, a voter shall not reveal to anyone in the
42.22polling place the name of any candidate for whom the voter intends to vote or has voted. A
42.23voter shall not ask for or receive assistance in the marking of a ballot from anyone within
42.24the polling place except as authorized by section 204C.15. If a voter, after marking a ballot,
42.25shows it to anyone except as authorized by law or takes a picture of the voter's ballot, the
42.26election judges shall refuse to deposit the ballot in any ballot box and shall place it among
42.27the spoiled ballots. Unless the showing of the ballot was clearly intentional, the voter shall
42.28receive another ballot as provided in section 204C.13, subdivision 3, clause paragraph (d).

42.29    Sec. 26. Minnesota Statutes 2008, section 204C.30, is amended by adding a
42.30subdivision to read:
42.31    Subd. 3. Election results reporting; state primary and general elections. For
42.32state primary and general elections, the county auditor shall enter the votes in each
43.1precinct for the questions and offices voted on into the election results reporting system
43.2provided by the secretary of state.
43.3EFFECTIVE DATE.This section is not effective until the secretary of state has
43.4certified that the election reporting system has been tested and shown to properly allow
43.5for the entry of candidate names and for election results to be uploaded, and to be able to
43.6handle the expected volume of use.

43.7    Sec. 27. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
43.8    Subdivision 1. County canvass. The county canvassing board shall meet at the
43.9county auditor's office on or before the seventh day following the state general election.
43.10After taking the oath of office, the board shall promptly and publicly canvass the general
43.11election returns delivered to the county auditor. Upon completion of the canvass, the board
43.12shall promptly prepare and file with the county auditor a report which states:
43.13(a) the number of individuals voting at the election in the county and in each precinct;
43.14(b) the number of individuals registering to vote on election day and the number of
43.15individuals registered before election day in each precinct;
43.16(c) the names of the candidates for each office and the number of votes received
43.17by each candidate in the county and in each precinct, including write-in candidates for
43.18state and federal office who have requested under section 204B.09 that votes for those
43.19candidates be tallied;
43.20(d) the number of votes counted for and against a proposed change of county lines
43.21or county seat; and
43.22(e) the number of votes counted for and against a constitutional amendment or other
43.23question in the county and in each precinct.
43.24The result of write-in votes cast on the general election ballots must be compiled by
43.25the county auditor before the county canvass, except that write-in votes for a candidate for
43.26federal, state, or federal county office must not be counted unless the candidate has timely
43.27filed a request under section 204B.09, subdivision 3. The county auditor shall arrange
43.28for each municipality to provide an adequate number of election judges to perform this
43.29duty or the county auditor may appoint additional election judges for this purpose. The
43.30county auditor may open the envelopes or containers in which the voted ballots have been
43.31sealed in order to count and record the write-in votes and must reseal the voted ballots at
43.32the conclusion of this process. The county auditor must prepare a separate report of votes
43.33received by precinct for write-in candidates for federal, state, and county offices who have
43.34requested under section 204B.09 that votes for those candidates be tallied.
44.1Upon completion of the canvass, the county canvassing board shall declare the
44.2candidate duly elected who received the highest number of votes for each county and state
44.3office voted for only within the county. The county auditor shall transmit one of the a
44.4certified copies copy of the county canvassing board report for state and federal offices to
44.5the secretary of state by messenger, express mail, or similar service immediately upon
44.6conclusion of the county canvass.

44.7    Sec. 28. Minnesota Statutes 2008, section 204C.37, is amended to read:
44.8204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
44.9STATE.
44.10Two copies A copy of the reports report required by sections 204C.32, subdivision
44.111
, and 204C.33, subdivision 1, shall be certified under the official seal of the county
44.12auditor. Each The copy shall be enclosed in an envelope addressed to the secretary
44.13of state, with the county auditor's name and official address and the words "Election
44.14Returns" endorsed on the envelope. The copy of the canvassing board report not sent by
44.15express mail and the precinct summary statements must be mailed sent by express mail
44.16or delivered to the secretary of state. If neither the copy is not received by the secretary
44.17of state within ten days following the applicable election, the secretary of state shall
44.18immediately notify the county auditor, who shall deliver another copy to the secretary of
44.19state by special messenger.

44.20    Sec. 29. Minnesota Statutes 2008, section 204D.04, subdivision 2, is amended to read:
44.21    Subd. 2. Instructions to printer; printer's bond. (a) The official charged with
44.22the preparation and distribution of the ballots shall prepare instructions to the printer for
44.23rotation of the names of candidates and for layout of the ballot.
44.24(b) Except as provided in paragraph (c), the instructions shall be approved by the
44.25legal advisor of the official before delivery to the printer.
44.26(c) The legal advisor of a town official is not required to approve instructions
44.27regarding the rotation of the names of candidates on the ballot or the layout of the ballot.
44.28(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer
44.29shall furnish, if requested by the official, a sufficient bond, letter of credit, or certified
44.30check, acceptable to the official responsible for printing the ballots, conditioned on
44.31printing the ballots in conformity with the Minnesota Election Law and the instructions
44.32delivered. The official responsible for printing the ballots shall set the amount of the bond,
44.33letter of credit, or certified check in an amount equal to the value of the purchase.

45.1    Sec. 30. Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read:
45.2    Subd. 2. Sample ballot. At least two weeks before the state primary the county
45.3auditor shall prepare a sample state partisan primary ballot and a sample state and county
45.4nonpartisan primary ballot for public inspection. The names of all of the candidates to
45.5be voted for in the county shall be placed on the sample ballots, with the names of the
45.6candidates for each office arranged alphabetically according to the surname in the base
45.7rotation as determined by section 206.61, subdivision 5. Only one sample state partisan
45.8primary ballot and one sample state and county nonpartisan ballot shall be prepared for
45.9any county. The county auditor shall post the sample ballots in a conspicuous place in the
45.10auditor's office and shall cause them to be published at least one week before the state
45.11primary in at least one newspaper of general circulation in the county.

45.12    Sec. 31. Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read:
45.13    Subd. 5. Regular state primary. "Regular state primary" means:
45.14(a) the state primary at which candidates are nominated for offices elected at the
45.15state general election; or
45.16(b) a primary held four weeks before on the first Tuesday after the first second
45.17Monday in November September of odd-numbered years.

45.18    Sec. 32. Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read:
45.19    Subd. 6. Special election required; exception; when held. Every vacancy shall be
45.20filled for the remainder of the term by a special election held pursuant to this subdivision;
45.21except that no special election shall be held in the year before the term expires.
45.22    The special election shall be held at the next November election if the vacancy
45.23occurs at least six nine weeks before the regular state primary preceding that election. If
45.24the vacancy occurs less than six nine weeks before the regular state primary preceding
45.25the next November election, the special election shall be held at the second November
45.26election after the vacancy occurs.

45.27    Sec. 33. Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read:
45.28    Subd. 8. Notice of special election. The secretary of state shall issue an official
45.29notice of any special election required to be held pursuant to this section not later than
45.30ten 12 weeks before the special primary, except that if the vacancy occurs ten 12 weeks or
45.31less before the special primary, the secretary of state shall issue the notice no later than
45.32two days after the vacancy occurs. The notice shall state the office to be filled, the opening
45.33and closing dates for filing of candidacy and the dates of the special primary and special
46.1election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply
46.2generally to special elections, this notice shall be used in place of the writ of the governor.

46.3    Sec. 34. Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read:
46.4    Subd. 9. Filing by candidates. The time for filing of affidavits and nominating
46.5petitions for candidates to fill a vacancy at a special election shall open six ten weeks
46.6before the special primary or on the day the secretary of state issues notice of the special
46.7election, whichever occurs later. Filings shall close four eight weeks before the special
46.8primary.

46.9    Sec. 35. [204D.29] CONTINUITY OF CONGRESS.
46.10    Subdivision 1. In general. (a) If the speaker of the United States House of
46.11Representatives announces that vacancies in the representation from the states in the
46.12House of Representatives exceed 100 and one of those vacancies is in this state, the
46.13governor shall issue a writ of election to fill such vacancy by special election.
46.14(b) As used in this section, "speaker" means the speaker of the United States House
46.15of Representatives.
46.16    Subd. 2. Timing of special election. A special election held under this section
46.17to fill a vacancy shall take place not later than 49 days after the speaker announces
46.18that the vacancy exists, unless, during the 75-day period which begins on the date of
46.19the announcement of the vacancy:
46.20(1) a regularly scheduled general election for the office involved is to be held; or
46.21(2) another special election for the office involved is to be held, pursuant to a writ
46.22for a special election issued by the governor prior to the date of the announcement of the
46.23vacancy by the speaker.
46.24    Subd. 3. Nominations by parties. If a special election is to be held under this
46.25section, the chairs of the political parties of the state shall, not later than ten days after the
46.26speaker announces that the vacancy exists, certify to the secretary of state the name of
46.27the person nominated to fill this vacancy.
46.28    Subd. 4. Nominating petitions. Other candidates must file an affidavit of candidacy
46.29and a nominating petition under section 204B.07 not later than ten days after the speaker
46.30announces that the vacancy exists.
46.31    Subd. 5. Protecting ability of absent military and overseas voters to participate
46.32in special elections. (a) Deadline for transmittal of absentee ballots. In conducting
46.33a special election held under this section to fill a vacancy in its representation, the state
46.34shall ensure to the greatest extent practicable that absentee ballots for the election are
47.1transmitted to voters who vote under the procedure outlined in sections 203B.16 to
47.2203B.27 not later than 15 days after the speaker announces that the vacancy exists.
47.3(b) Period for ballot transit time. Notwithstanding the other deadlines in this
47.4section, in the case of voters who vote under the procedure outlined in sections 203B.16
47.5to 203B.27, any otherwise valid ballot or other election material must be processed and
47.6accepted so long as the ballot or other material is received by the county auditor not later
47.7than 45 days after the ballot or other material was transmitted to the voter.

47.8    Sec. 36. Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read:
47.9    Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance
47.10or resolution adopted at least three months before the next municipal general election by
47.11June 1 of a municipal general election year, elect to choose nominees for municipal offices
47.12by a primary as provided in this section. The resolution or ordinance, when adopted, is
47.13effective for all ensuing municipal elections until it is revoked. The municipal clerk shall
47.14notify the secretary of state and the county auditor within 30 days after the adoption of the
47.15resolution or ordinance.

47.16    Sec. 37. Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to read:
47.17    Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to
47.18become a candidate for an office to be voted for at the municipal general election shall file
47.19an affidavit of candidacy with the municipal clerk. Candidates for a special election to
47.20fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit
47.21of candidacy for the specific office to fill the unexpired portion of the term. Subject to
47.22the approval of the county auditor, the town clerk may authorize candidates for township
47.23offices to file affidavits of candidacy with the county auditor. The affidavit shall be in
47.24substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk
47.25shall also accept an application signed by not less than five voters and filed on behalf of an
47.26eligible voter in the municipality whom they desire to be a candidate, if service of a copy
47.27of the application has been made on the candidate and proof of service is endorsed on the
47.28application being filed. Upon receipt of the proper filing fee, the clerk shall place the name
47.29of the candidate on the official ballot without partisan designation.
47.30EFFECTIVE DATE.This section is effective the day following final enactment.

47.31    Sec. 38. Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to read:
47.32    Subd. 2. Notice of filing dates. At least two weeks before the first day to file
47.33affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last
48.1dates on which affidavits of candidacy may be filed in the clerk's office and the closing
48.2time for filing on the last day for filing. The clerk shall post a similar notice at least ten
48.3days before the first day to file affidavits of candidacy. The notice must separately list
48.4any office for which affidavits of candidacy may be filed to fill the unexpired portion
48.5of a term when a special election is being held to fill a vacancy as provided in section
48.6412.02, subdivision 2a.
48.7EFFECTIVE DATE.This section is effective the day following final enactment.

48.8    Sec. 39. [205.135] ELECTION RESULTS REPORTING SYSTEM; CANDIDATE
48.9FILING.
48.10    Subdivision 1. Even-numbered year. For regularly scheduled municipal elections
48.11held in an even-numbered year, the municipal clerk must provide the offices and questions
48.12to be voted on in the municipality and the list of candidates for each office to the county
48.13auditor for entry into the election results reporting system provided by the secretary of
48.14state no later than 46 days prior to the election. Upon mutual agreement, the county auditor
48.15may delegate the duty to enter the information into the system to the municipal clerk.
48.16    Subd. 2. Odd-numbered year. For regularly scheduled municipal elections held in
48.17an odd-numbered year, the county auditor and municipal clerk may mutually decide to use
48.18the election reporting system for the election. If so, the county auditor must notify the
48.19secretary of state of the intent to use the election reporting system at least 90 days before
48.20the election, of who will be entering the data, and, if the municipal clerk will be entering
48.21the data, that the office of the municipal clerk has the technological capacity to enter the
48.22data. The county auditor, or, by mutual agreement, the municipal clerk, must enter the
48.23offices and questions to be voted on in the municipality and the list of candidates for each
48.24office into the election results reporting system no later than 46 days prior to the election.
48.25EFFECTIVE DATE.This section is not effective until the secretary of state has
48.26certified that the election reporting system has been tested and shown to properly allow
48.27for the entry of candidate names and for election results to be uploaded, and to be able to
48.28handle the expected volume of use.

48.29    Sec. 40. Minnesota Statutes 2008, section 205.16, subdivision 2, is amended to read:
48.30    Subd. 2. Sample ballot, publication. For every municipal election, the municipal
48.31clerk shall, at least one week two weeks before the election, publish a sample ballot in the
48.32official newspaper of the municipality, except that the governing body of a fourth class
49.1city or a town not located within a metropolitan county as defined in section 473.121
49.2may dispense with publication.

49.3    Sec. 41. Minnesota Statutes 2008, section 205.16, subdivision 3, is amended to read:
49.4    Subd. 3. Sample ballot, posting. For every municipal election, the municipal
49.5clerk shall at least four days two weeks before the election post prepare a sample ballot
49.6for the municipality, make them available for public inspection in the clerk's office for
49.7public inspection, and post a sample ballot in each polling place on election day.

49.8    Sec. 42. [205.187] ELECTION RESULTS REPORTING SYSTEM; PRECINCT
49.9VOTES.
49.10For regularly scheduled municipal elections held in November of an even-numbered
49.11year, the county auditor shall enter the votes in each precinct for the questions and offices
49.12voted on in the municipal election into the election results reporting system provided
49.13by the secretary of state.
49.14If a county auditor has notified the secretary of state of intent to use the election
49.15results reporting system for a municipal election pursuant to section 205.135, subdivision
49.162, the county auditor, or by mutual agreement, the municipal clerk, must enter the votes in
49.17each precinct for the offices and questions voted on in the municipality into the election
49.18results reporting system.
49.19EFFECTIVE DATE.This section is not effective until the secretary of state has
49.20certified that the election reporting system has been tested and shown to properly allow
49.21for the entry of candidate names and for election results to be uploaded, and to be able to
49.22handle the expected volume of use.

49.23    Sec. 43. Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:
49.24    Subdivision 1. Resolution requiring primary in certain circumstances. The
49.25school board of a school district may, by resolution adopted by June 1 of any year, decide
49.26to choose nominees for school board by a primary as provided in this section. The
49.27resolution, when adopted, is effective for all ensuing elections of board members in that
49.28school district until it is revoked. If the board decides to choose nominees by primary
49.29and if there are more than two candidates for a specified school board position or more
49.30than twice as many school board candidates as there are at-large school board positions
49.31available, the school district must hold a primary. When a number equal to or less than
49.32twice the number of individuals to be elected to a school board office file for nomination
49.33for the office, the names of the candidates shall be placed upon the general election ballot.

50.1    Sec. 44. [205A.045] SCHOOL DISTRICT TRANSITIONS.
50.2    Subdivision 1. Odd year to even. (a) The governing body of a school district
50.3may change from an odd-numbered year election to an even-numbered year election by
50.4adopting a resolution that contains an orderly plan for the transition. The resolution may
50.5include a onetime, one-year extension of the term of each board member.
50.6(b) The governing body of the school district must adopt the resolution permitted by
50.7paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for
50.8the election at which the change will take effect.
50.9    Subd. 2. Even year to odd. (a) The governing body of a school district may change
50.10from an even-numbered year election to an odd-numbered year election by adopting a
50.11resolution that contains an orderly plan for the transition. The resolution may include a
50.12onetime, one-year extension of the term of each board member.
50.13(b) The governing body of the school district must adopt the resolution permitted by
50.14paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for
50.15the election at which the change will take effect.

50.16    Sec. 45. Minnesota Statutes 2008, section 205A.05, subdivision 1, is amended to read:
50.17    Subdivision 1. Questions. Special elections must be held for a school district on a
50.18question on which the voters are authorized by law to pass judgment. The school board
50.19may on its own motion call a special election to vote on any matter requiring approval of
50.20the voters of a district. Upon petition of 50 or more voters of the school district or five
50.21percent of the number of voters voting at the preceding school district general election,
50.22whichever is greater, the school board shall by resolution call a special election to vote on
50.23any matter requiring approval of the voters of a district. A question is carried only with
50.24the majority in its favor required by law. The election officials for a special election are
50.25the same as for the most recent school district general election unless changed according
50.26to law. Otherwise, special elections must be conducted and the returns made in the
50.27manner provided for the school district general election. A special election may not be
50.28held during the 30 45 days before and the 30 45 days after the state primary, during the
50.2930 45 days before and the 40 days after the state general election. In addition, a special
50.30election may not be held during the 20 days before and the 20 days after any regularly
50.31scheduled March election or within 45 days before and the 30 days after any regularly
50.32scheduled November election of a municipality wholly or partially within the school
50.33district. Notwithstanding any other law to the contrary, the time period in which a special
50.34election must be conducted under any other law may be extended by the school board to
50.35conform with the requirements of this subdivision.

51.1    Sec. 46. Minnesota Statutes 2008, section 205A.05, subdivision 2, is amended to read:
51.2    Subd. 2. Vacancies in school district offices. Special elections shall be held in
51.3school districts in conjunction with school district primary and general elections to fill
51.4vacancies in elective school district offices. When filling multiple at-large vacancies at the
51.5same election, the candidates shall file for the multiple seats of the same office, voters will
51.6be instructed to "Vote for up to..." and the candidates receiving the most votes up to the
51.7number to be elected will be elected to fill the vacancies.

51.8    Sec. 47. Minnesota Statutes 2008, section 205A.07, subdivision 2, is amended to read:
51.9    Subd. 2. Sample ballot, posting. For every school district primary, general, or
51.10special election, the school district clerk shall at least four days two weeks before the
51.11primary, general, or special election, post a sample ballot in the administrative offices of
51.12the school district for public inspection, and shall post a sample ballot in each polling
51.13place on election day.

51.14    Sec. 48. [205A.075] ELECTION RESULTS REPORTING SYSTEM;
51.15CANDIDATE FILING.
51.16    Subdivision 1. Even-numbered year. For regularly scheduled school district
51.17elections held in an even-numbered year, the school district clerk must provide the offices
51.18and questions to be voted on in the school district and the list of candidates for each office
51.19to the county auditor for entry into the election results reporting system provided by the
51.20secretary of state no later than 46 days prior to the election.
51.21    Subd. 2. Odd-numbered year. For regularly scheduled school district elections
51.22held in an odd-numbered year, the county auditor and school district clerk may mutually
51.23decide to use the election reporting system for the election. If so, the county auditor must
51.24notify the secretary of state of intent to use the election reporting system at least 90 days
51.25before the election. The county auditor must enter the offices and questions to be voted
51.26on in the school district and the list of candidates for each office into the election results
51.27reporting system no later than 46 days prior to the election.
51.28EFFECTIVE DATE.This section is not effective until the secretary of state has
51.29certified that the election reporting system has been tested and shown to properly allow
51.30for the entry of candidate names and for election results to be uploaded, and to be able to
51.31handle the expected volume of use.

51.32    Sec. 49. [205A.076] ELECTION RESULTS REPORTING SYSTEM; PRECINCT
51.33VOTES.
52.1For regularly scheduled school district elections held in an even-numbered year, the
52.2county auditor shall enter the votes in each precinct for the questions and offices voted
52.3on in the school district election into the election results reporting system provided by
52.4the secretary of state.
52.5If a county auditor has notified the secretary of state of intent to use the election
52.6results reporting system for a school district election pursuant to section 205A.075,
52.7subdivision 2, the county auditor must enter the votes in each precinct for the offices and
52.8questions voted on in the school district into the election results reporting system.
52.9EFFECTIVE DATE.This section is not effective until the secretary of state has
52.10certified that the election reporting system has been tested and shown to properly allow
52.11for the entry of candidate names and for election results to be uploaded, and to be able to
52.12handle the expected volume of use.

52.13    Sec. 50. Minnesota Statutes 2008, section 206.57, subdivision 6, is amended to read:
52.14    Subd. 6. Required certification. In addition to the requirements in subdivision
52.151, a voting system must be certified by an independent testing authority approved
52.16accredited by the secretary of state and conform to current standards for voting equipment
52.17Election Assistance Commission at the time of submission of the application required by
52.18subdivision 1 to be in conformity with voluntary voting system guidelines issued by the
52.19Federal Election Commission or its successor, the Election Assistance Commission.
52.20The application must be accompanied by the certification report of the voting systems
52.21test laboratory. A certification under this section from an independent testing authority
52.22accredited by the Election Assistance Commission meets the requirement of Minnesota
52.23Rules, part 8220.0350, item L. A vendor must provide a copy of the source code for the
52.24voting system to the secretary of state. A chair of a major political party or the secretary of
52.25state may select, in consultation with the vendor, an independent third-party evaluator to
52.26examine the source code to ensure that it functions as represented by the vendor and that
52.27the code is free from defects. A major political party that elects to have the source code
52.28examined must pay for the examination. Except as provided by this subdivision, a source
52.29code that is trade secret information must be treated as nonpublic information, according
52.30to section 13.37. A third-party evaluator must not disclose the source code to anyone else.
52.31EFFECTIVE DATE.This section is effective the day following final enactment.

52.32    Sec. 51. Minnesota Statutes 2008, section 206.61, subdivision 5, is amended to read:
53.1    Subd. 5. Alternation. The provisions of the election laws requiring the alternation
53.2of names of candidates must be observed as far as practicable by changing the order of the
53.3names on an electronic voting system in the various precincts so that each name appears
53.4on the machines or marking devices used in a municipality substantially an equal number
53.5of times in the first, last, and in each intermediate place in the list or group in which they
53.6belong. However, the arrangement of candidates' names must be the same on all voting
53.7systems used in the same precinct. If the number of names to be alternated exceeds the
53.8number of precincts For state primary and state general elections, the election official
53.9responsible for providing the ballots, in accordance with subdivision 1, shall determine
53.10by lot the alternation of names the base rotation of candidate names by assigning the
53.11initial order of the candidates' names by random generation using the statewide election
53.12reporting system.
53.13If an electronic ballot marker is used with a paper ballot that is not an optical scan
53.14ballot card, the manner of alternation of candidate names on the paper ballot must be as
53.15prescribed for optical scan ballots in this subdivision.

53.16    Sec. 52. Minnesota Statutes 2008, section 211A.02, subdivision 2, is amended to read:
53.17    Subd. 2. Information required. The report to be filed by a candidate or committee
53.18must include:
53.19    (1) the name of the candidate or ballot question;
53.20    (2) the printed name, address, telephone number, signature, and e-mail address, if
53.21available, of the person responsible for filing the report;
53.22    (3) the total cash on hand;
53.23(4) the total amount of receipts and expenditures for the period from the last previous
53.24report to five days before the current report is due;
53.25    (4) (5) the amount, date, and purpose for each expenditure; and
53.26    (5) (6) the name, address, and employer, or occupation if self-employed, of any
53.27individual or committee that during the year has made one or more contributions that in
53.28the aggregate exceed $100, and the amount and date of each contribution. The filing
53.29officer must restrict public access to the address of any individual who has made a
53.30contribution that exceeds $100 and who has filed with the filing officer a written statement
53.31signed by the individual that withholding the individual's address from the financial report
53.32is required for the safety of the individual or the individual's family.
53.33EFFECTIVE DATE.This section is effective June 1, 2010.

53.34    Sec. 53. Minnesota Statutes 2008, section 211A.05, subdivision 2, is amended to read:
54.1    Subd. 2. Notice of failure to file. If a candidate or committee has filed an initial
54.2report, but fails to file a subsequent report on the date it is due, the filing officer shall
54.3immediately notify the candidate or committee of the failure to file. If a report is not filed
54.4within ten days after the notification is mailed, the filing officer shall file a complaint
54.5under section 211B.32.

54.6    Sec. 54. Minnesota Statutes 2008, section 412.02, subdivision 2a, is amended to read:
54.7    Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an
54.8office shall be filled by council appointment until an election is held as provided in this
54.9subdivision. In case of a tie vote in the council, the mayor shall make the appointment.
54.10(1) If the vacancy occurs before the first day to file affidavits of candidacy for
54.11the next regular city election and more than two years remain in the unexpired term, a
54.12special election shall be held at or before the next regular city election and the appointed
54.13person shall serve until the qualification of a successor elected at a special election to fill
54.14the unexpired portion of the term. The council must specify by ordinance under what
54.15circumstances it will hold a special election to fill a vacancy other than a special election
54.16held at the same time as the regular city election. If, because of a vacancy, more than one
54.17council member is to be chosen at the same election, candidates for council member shall
54.18file for either a two-year or a four-year term. If more than one candidate is to be elected
54.19for the same length term, the ballot must instruct voters to "Vote for up to ..." up to the
54.20number of candidates to be elected for the two-year or four-year term.
54.21(2) If the vacancy occurs on or after the first day to file affidavits of candidacy for
54.22the regular city election or when less than two years remain in the unexpired term, there
54.23need not be a special election to fill the vacancy and the appointed person shall serve
54.24until the qualification of a successor. The council must specify by ordinance under what
54.25circumstances it will hold a special election to fill a vacancy other than a special election
54.26held at the same time as the regular city election.

54.27    Sec. 55. Minnesota Statutes 2008, section 414.02, subdivision 4, is amended to read:
54.28    Subd. 4. Effective date of incorporation. The incorporation shall be effective upon
54.29the election and qualification of new municipal officers or on such later date as is fixed by
54.30the director's order. The effective date must not fall within the 21 days before a regularly
54.31scheduled election. Failure to comply with the provisions of this subdivision with respect
54.32to regularly scheduled elections, or to set the right effective date in relation to regularly
54.33scheduled elections, does not invalidate the annexation.

55.1    Sec. 56. Minnesota Statutes 2008, section 414.031, subdivision 6, is amended to read:
55.2    Subd. 6. Effective date of annexation. The annexation shall be effective as of the
55.3date fixed in the annexation order or on a later date fixed in the annexation order. The
55.4effective date must not fall within the 21 days before a regularly scheduled election.
55.5Failure to comply with the provisions of this subdivision with respect to regularly
55.6scheduled elections, or to set the right effective date in relation to regularly scheduled
55.7elections, does not invalidate the annexation.

55.8    Sec. 57. Minnesota Statutes 2008, section 414.0325, subdivision 1, is amended to read:
55.9    Subdivision 1. Initiating the proceeding. (a) One or more townships and one or
55.10more municipalities, by joint resolution, may designate an unincorporated area as in
55.11need of orderly annexation. One or more municipalities, by joint resolution with the
55.12county, may designate an unincorporated area in which there is no organized township
55.13government as in need of orderly annexation.
55.14    (b) A designated area is any area which the signatories to a joint resolution for
55.15orderly annexation have identified as being appropriate for annexation, either currently
55.16or at some point in the future, pursuant to the negotiated terms and conditions set forth
55.17in the joint resolution. Land described as a designated area is not, by virtue of being so
55.18described, considered also to be annexed for purposes of this chapter.
55.19    (c) The joint resolution will confer jurisdiction on the chief administrative law judge
55.20over annexations in the designated area and over the various provisions in said agreement
55.21by submission of said joint resolution to the chief administrative law judge.
55.22    (d) The resolution shall include a description of the designated area and the reasons
55.23for designation.
55.24    (e) Thereafter, an annexation of any part of the designated area may be initiated by:
55.25    (1) submitting to the chief administrative law judge a resolution of any signatory
55.26to the joint resolution; or
55.27    (2) the chief administrative law judge.
55.28    (f) Whenever a state agency, other than the pollution control agency, orders a
55.29municipality to extend a municipal service to an area, the order confers jurisdiction on the
55.30chief administrative law judge to consider designation of the area for orderly annexation.
55.31    (g) If a joint resolution designates an area as in need of orderly annexation and states
55.32that no alteration of its stated boundaries is appropriate, the chief administrative law judge
55.33may review and comment, but may not alter the boundaries.
55.34    (h) If a joint resolution designates an area as in need of orderly annexation, provides
55.35for the conditions for its annexation, and states that no consideration by the chief
56.1administrative law judge is necessary, the chief administrative law judge may review and
56.2comment, but shall, within 30 days, order the annexation in accordance with the terms of
56.3the resolution. A joint resolution filed within the 51 days before a regularly scheduled
56.4election must provide in the conditions for its annexation that the annexation will not be
56.5effective until the day after the regularly scheduled election. Failure to comply with the
56.6provisions of this subdivision with respect to regularly scheduled elections, or to set
56.7the right effective date in relation to regularly scheduled elections, does not invalidate
56.8the annexation.

56.9    Sec. 58. Minnesota Statutes 2008, section 414.0325, subdivision 4, is amended to read:
56.10    Subd. 4. Effective date of annexation. The chief administrative law judge's order
56.11shall be effective upon the issuance of the order or at such later time as is provided in the
56.12order. The effective date must not fall within the 21 days before a regularly scheduled
56.13election. Failure to comply with the provisions of this subdivision with respect to regularly
56.14scheduled elections, or to set the right effective date in relation to regularly scheduled
56.15elections, does not invalidate the annexation.

56.16    Sec. 59. Minnesota Statutes 2008, section 414.033, subdivision 7, is amended to read:
56.17    Subd. 7. Filing; effective date; copy to auditors. Any annexation ordinance
56.18provided for in this section must be filed with the chief administrative law judge, the
56.19township, the county auditor and the secretary of state and is final on the date the
56.20ordinance is approved by the chief administrative law judge, except that an ordinance
56.21approved within the 21 days before a regularly scheduled election is not effective until
56.22the day after the regularly scheduled election. A copy of the annexation ordinance must
56.23be delivered immediately by the governing body of the municipality to the appropriate
56.24county auditors. Failure to comply with the provisions of this subdivision with respect
56.25to regularly scheduled elections, or to set the right effective date in relation to regularly
56.26scheduled elections, does not invalidate the annexation.

56.27    Sec. 60. REPEALER.
56.28Minnesota Statutes 2008, sections 201.096; and 206.805, subdivision 2, are repealed.

56.29ARTICLE 3
56.30MISCELLANEOUS

56.31    Section 1. Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to
56.32read:
57.1    Subd. 2. Residential housing list. All postsecondary institutions that enroll students
57.2accepting state or federal financial aid may (a) Institutions within the Minnesota State
57.3Colleges and Universities system must prepare a current list of students enrolled in the
57.4institution and residing in the institution's housing or within ten miles of the institution's
57.5campus Minnesota. The list shall must include each student's name and current address
57.6as permitted by applicable privacy laws. The list shall must be certified and sent to the
57.7appropriate county auditor or auditors secretary of state no earlier than 30 and no later than
57.825 days prior to the November general election, in an electronic format specified by the
57.9secretary of state, for use in election day registration as provided under section 201.061,
57.10subdivision 3
. The certification must be dated and signed by the chief officer or designee
57.11of the postsecondary educational institution, or for institutions within the Minnesota
57.12State Colleges and Universities system, by the chancellor, and must state that the list is
57.13current and accurate and includes only the names of currently enrolled students residing in
57.14Minnesota as of the date of certification. The secretary of state must combine the data
57.15received from each postsecondary educational institution under this subdivision and must
57.16process the data to locate the precinct in which the address provided for each student is
57.17located. If the data submitted by the postsecondary educational institution is insufficient
57.18for the secretary of state to locate the proper precinct, the associated student name must
57.19not appear in any list forwarded to a county auditor under this subdivision.
57.20At least 14 days prior to the November general election, the secretary of state
57.21must forward to the appropriate county auditor lists of students containing the students'
57.22names and addresses for which precinct determinations have been made along with their
57.23postsecondary educational institutions. The list must be sorted by precinct and student
57.24last name and must be forwarded in an electronic format specified by the secretary of
57.25state or other mutually agreed upon medium, if a written agreement specifying the
57.26medium is signed by the secretary of state and the county auditor at least 90 days before
57.27the November general election. A written agreement is effective for all elections until
57.28rescinded by either the secretary of state or the county auditor.
57.29(b) Other postsecondary institutions may provide lists as provided by this subdivision
57.30or as provided by the rules of the secretary of state. The University of Minnesota is
57.31requested to comply with this subdivision.
57.32(c) A residential housing list provided under this subdivision may not be used or
57.33disseminated by a county auditor or the secretary of state for any other purpose.

57.34    Sec. 2. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
58.1    Subdivision 1. Prior to election day. At any time except during the 20 days
58.2immediately preceding any regularly scheduled election, an eligible voter or any
58.3individual who will be an eligible voter at the time of the next election may register to vote
58.4in the precinct in which the voter maintains residence by completing a voter registration
58.5application as described in section 201.071, subdivision 1, and submitting it in person or
58.6by mail to the county auditor of that county or to the Secretary of State's Office. If the Web
58.7site maintained by the secretary of state provides a process for it, an individual who has
58.8a Minnesota driver's license, identification card, or learner's permit may register online.
58.9A registration that is received no later than 5:00 p.m. on the 21st day preceding any
58.10election shall be accepted. An improperly addressed or delivered registration application
58.11shall be forwarded within two working days after receipt to the county auditor of the
58.12county where the voter maintains residence. A state or local agency or an individual that
58.13accepts completed voter registration applications from a voter must submit the completed
58.14applications to the secretary of state or the appropriate county auditor within ten days
58.15after the applications are dated by the voter.
58.16For purposes of this section, mail registration is defined as a voter registration
58.17application delivered to the secretary of state, county auditor, or municipal clerk by the
58.18United States Postal Service or a commercial carrier.

58.19    Sec. 3. Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:
58.20    Subd. 3. Election day registration. (a) An individual who is eligible to vote may
58.21register on election day by appearing in person at the polling place for the precinct in
58.22which the individual maintains residence, by completing a registration application, making
58.23an oath in the form prescribed by the secretary of state and providing proof of residence.
58.24An individual may prove residence for purposes of registering by:
58.25    (1) presenting a driver's license or Minnesota identification card issued pursuant
58.26to section 171.07;
58.27    (2) presenting any document approved by the secretary of state as proper
58.28identification;
58.29    (3) presenting one of the following:
58.30    (i) a current valid student identification card from a postsecondary educational
58.31institution in Minnesota, if a list of students from that institution has been prepared under
58.32section 135A.17 and certified to the county auditor or in the manner provided in rules of
58.33the secretary of state; or
58.34    (ii) a current student fee statement that contains the student's valid address in the
58.35precinct together with a picture identification card; or
59.1    (4) having a voter who is registered to vote in the precinct, or who is an employee
59.2employed by and working in a residential facility in the precinct and vouching for a
59.3resident in the facility, sign an oath in the presence of the election judge vouching that the
59.4voter or employee personally knows that the individual is a resident of the precinct. A
59.5voter who has been vouched for on election day may not sign a proof of residence oath
59.6vouching for any other individual on that election day. A voter who is registered to vote in
59.7the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
59.8does not apply to an employee of a residential facility described in this clause. The
59.9secretary of state shall provide a form for election judges to use in recording the number
59.10of individuals for whom a voter signs proof-of-residence oaths on election day. The
59.11form must include space for the maximum number of individuals for whom a voter may
59.12sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
59.13a statement that the voter is registered to vote in the precinct, personally knows that the
59.14individual is a resident of the precinct, and is making the statement on oath. The form must
59.15include a space for the voter's printed name, signature, telephone number, and address.
59.16    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
59.17attached to the voter registration application.
59.18    (b) The operator of a residential facility shall prepare a list of the names of its
59.19employees currently working in the residential facility and the address of the residential
59.20facility. The operator shall certify the list and provide it to the appropriate county auditor
59.21no less than 20 days before each election for use in election day registration.
59.22    (c) "Residential facility" means transitional housing as defined in section 256E.33,
59.23subdivision 1
; a supervised living facility licensed by the commissioner of health under
59.24section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
59.255
; a residence registered with the commissioner of health as a housing with services
59.26establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
59.27the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
59.28licensed by the commissioner of human services to provide a residential program as
59.29defined in section 245A.02, subdivision 14; a residential facility for persons with a
59.30developmental disability licensed by the commissioner of human services under section
59.31252.28 ; group residential housing as defined in section 256I.03, subdivision 3; a shelter
59.32for battered women as defined in section 611A.37, subdivision 4; or a supervised
59.33publicly or privately operated shelter or dwelling designed to provide temporary living
59.34accommodations for the homeless.
59.35    (d) For tribal band members, an individual may prove residence for purposes of
59.36registering by:
60.1    (1) presenting an identification card issued by the tribal government of a tribe
60.2recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
60.3contains the name, address, signature, and picture of the individual; or
60.4    (2) presenting an identification card issued by the tribal government of a tribe
60.5recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
60.6contains the name, signature, and picture of the individual and also presenting one of the
60.7documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
60.8    (e) A county, school district, or municipality may require that an election judge
60.9responsible for election day registration initial each completed registration application.

60.10    Sec. 4. Minnesota Statutes 2008, section 201.071, subdivision 1, is amended to read:
60.11    Subdivision 1. Form. A voter registration application must be of suitable size and
60.12weight for mailing and contain spaces for the following required information: voter's first
60.13name, middle name, and last name; voter's previous name, if any; voter's current address;
60.14voter's previous address, if any; voter's date of birth; voter's municipality and county of
60.15residence; voter's telephone number, if provided by the voter; date of registration; current
60.16and valid Minnesota driver's license number or Minnesota state identification number,
60.17or if the voter has no current and valid Minnesota driver's license or Minnesota state
60.18identification, and the last four digits of the voter's Social Security number; and voter's
60.19signature. The registration application may include the voter's e-mail address, if provided
60.20by the voter, and the voter's interest in serving as an election judge, if indicated by the
60.21voter. The application must also contain the following certification of voter eligibility:
60.22"I certify that I:
60.23(1) will be at least 18 years old on election day;
60.24(2) am a citizen of the United States;
60.25(3) will have resided in Minnesota for 20 days immediately preceding election day;
60.26(4) maintain residence at the address given on the registration form;
60.27(5) am not under court-ordered guardianship in which the court order revokes my
60.28right to vote;
60.29(6) have not been found by a court to be legally incompetent to vote;
60.30(7) have the right to vote because, if I have been convicted of a felony, my felony
60.31sentence has expired (been completed) or I have been discharged from my sentence; and
60.32(8) have read and understand the following statement: that giving false information
60.33is a felony punishable by not more than five years imprisonment or a fine of not more
60.34than $10,000, or both."
61.1The certification must include boxes for the voter to respond to the following
61.2questions:
61.3"(1) Are you a citizen of the United States?" and
61.4"(2) Will you be 18 years old on or before election day?"
61.5And the instruction:
61.6"If you checked 'no' to either of these questions, do not complete this form."
61.7The form of the voter registration application and the certification of voter eligibility
61.8must be as provided in this subdivision and approved by the secretary of state. Voter
61.9registration forms authorized by the National Voter Registration Act must also be accepted
61.10as valid. The federal postcard application form must also be accepted as valid if it is not
61.11deficient and the voter is eligible to register in Minnesota.
61.12An individual may use a voter registration application to apply to register to vote in
61.13Minnesota or to change information on an existing registration.
61.14A paper voter registration application must include space for the voter's signature.
61.15Paper voter registration applications, other than those used for election day registration,
61.16must be of suitable size and weight for mailing.

61.17    Sec. 5. Minnesota Statutes 2008, section 201.091, is amended by adding a subdivision
61.18to read:
61.19    Subd. 5a. Registration confirmation to registered voter. The secretary of state
61.20must ensure that the secretary of state's Web site is capable of providing voter registration
61.21confirmation to a registered voter. An individual requesting registration confirmation must
61.22provide the individual's name, address, and date of birth. If the information provided by
61.23the individual completely matches an active voter record in the statewide voter registration
61.24system, the Web site must inform the individual that the individual is a registered voter and
61.25must provide the individual with the individual's polling place location. If the information
61.26provided by the individual does not completely match an active voter record in the
61.27statewide voter registration system, the Web site must inform the individual that a voter
61.28record with that name and date of birth at the address provided cannot be confirmed and the
61.29Web site must advise the individual to contact the county auditor for further information.
61.30EFFECTIVE DATE.This section is not effective until the secretary of state has
61.31certified that the Web site has been tested, has been shown to properly retrieve information
61.32from the correct voter's record, and can handle the expected volume of use.

61.33    Sec. 6. Minnesota Statutes 2008, section 203B.12, subdivision 2, is amended to read:
62.1    Subd. 2. Examination of return envelopes. Two or more election judges shall
62.2examine each return envelope and shall mark it accepted or rejected in the manner
62.3provided in this subdivision. If a ballot has been prepared under section 204B.12,
62.4subdivision 2a
, or 204B.41, the election judges shall not begin removing ballot envelopes
62.5from the return envelopes until 8:00 p.m. on election day, either in the polling place or at
62.6an absentee ballot board established under section 203B.13.
62.7The election judges shall mark the return envelope "Accepted" and initial or sign
62.8the return envelope below the word "Accepted" if the election judges or a majority
62.9of them are satisfied that:
62.10(1) the voter's name and address on the return envelope are the same as the
62.11information provided on the absentee ballot application;
62.12(2) the voter's signature on the return envelope is the genuine signature of the
62.13individual who made the application for ballots and the certificate has been completed as
62.14prescribed in the directions for casting an absentee ballot, except that if a person other
62.15than the voter applied for the absentee ballot under applicable Minnesota Rules, the
62.16signature is not required to match;
62.17(3) the voter is registered and eligible to vote in the precinct or has included a
62.18properly completed voter registration application in the return envelope; and
62.19(4) the voter has not already voted at that election, either in person or by absentee
62.20ballot.
62.21There is no other reason for rejecting an absentee ballot. In particular, failure to
62.22place the ballot within the security envelope before placing it in the outer white envelope
62.23is not a reason to reject an absentee ballot.
62.24The return envelope from accepted ballots must be preserved and returned to the
62.25county auditor.
62.26If all or a majority of the election judges examining return envelopes find that
62.27an absent voter has failed to meet one of the requirements prescribed in clauses (1) to
62.28(4), they shall mark the return envelope "Rejected," initial or sign it below the word
62.29"Rejected," and return it to the county auditor.

62.30    Sec. 7. Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read:
62.31    Subd. 2. Candidates seeking nomination by primary. No individual who
62.32seeks nomination for any partisan or nonpartisan office at a primary shall be nominated
62.33for the same office by nominating petition, except as otherwise provided for partisan
62.34offices in section 204D.10, subdivision 2, and for nonpartisan offices in section 204B.13,
62.35subdivision 4
.

63.1    Sec. 8. Minnesota Statutes 2008, section 204B.04, subdivision 3, is amended to read:
63.2    Subd. 3. Nomination for nonpartisan office. No individual shall be nominated
63.3by nominating petition for any nonpartisan office except in the event of a vacancy in
63.4nomination as provided in section 204B.13.

63.5    Sec. 9. Minnesota Statutes 2008, section 204B.07, subdivision 1, is amended to read:
63.6    Subdivision 1. Form of petition. A nominating petition may consist of one or more
63.7separate pages each of which shall state:
63.8(a) the office sought;
63.9(b) the candidate's name and residence address, including street and number if
63.10any; and
63.11(c) the candidate's political party or political principle expressed in not more than
63.12three words. No candidate who files for a partisan office by nominating petition shall use
63.13the term "nonpartisan" as a statement of political principle or the name of the candidate's
63.14political party. No part of the name of a major political party may be used to designate the
63.15political party or principle of a candidate who files for a partisan office by nominating
63.16petition, except that the word "independent" may be used to designate the party or
63.17principle. A candidate who files by nominating petition to fill a vacancy in nomination for
63.18a nonpartisan office pursuant to section 204B.13, shall not state any political principle or
63.19the name of any political party on the petition.

63.20    Sec. 10. Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:
63.21    Subdivision 1. Candidates in state and county general elections. (a) Except as
63.22otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
63.23for county, state, and federal offices filled at the state general election shall be filed not
63.24more than 70 days nor less than 56 days before the state primary. The affidavit may
63.25be prepared and signed at any time between 60 days before the filing period opens and
63.26the last day of the filing period.
63.27    (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
63.28signed in the presence of a notarial officer or an individual authorized to administer oaths
63.29under section 358.10.
63.30    (c) This provision does not apply to candidates for presidential elector nominated by
63.31major political parties. Major party candidates for presidential elector are certified under
63.32section 208.03. Other candidates for presidential electors may file petitions on or before
63.33the state primary day pursuant to section 204B.07. Nominating petitions to fill vacancies
64.1in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall
64.2be accepted later than 5:00 p.m. on the last day for filing.
64.3    (d) Affidavits and petitions for county offices must be filed with the county auditor
64.4of that county. Affidavits and petitions for federal offices must be filed with the secretary
64.5of state. Affidavits and petitions for state offices must be filed with the secretary of state or
64.6with the county auditor of the county in which the candidate resides.
64.7    (e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
64.8by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
64.9must be received by 5:00 p.m. on the last day for filing.

64.10    Sec. 11. Minnesota Statutes 2008, section 204B.11, subdivision 2, is amended to read:
64.11    Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
64.12candidacy, a candidate may present a petition in place of the filing fee. The petition may
64.13be signed by any individual eligible to vote for the candidate. A nominating petition filed
64.14pursuant to section 204B.07 or 204B.13, subdivision 4, is effective as a petition in place of
64.15a filing fee if the nominating petition includes a prominent statement informing the signers
64.16of the petition that it will be used for that purpose.
64.17The number of signatures on a petition in place of a filing fee shall be as follows:
64.18(a) for a state office voted on statewide, or for president of the United States, or
64.19United States senator, 2,000;
64.20(b) for a congressional office, 1,000;
64.21(c) for a county or legislative office, or for the office of district judge, 500; and
64.22(d) for any other office which requires a filing fee as prescribed by law, municipal
64.23charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
64.24votes cast in the municipality, ward, or other election district at the preceding general
64.25election at which that office was on the ballot.
64.26An official with whom petitions are filed shall make sample forms for petitions in
64.27place of filing fees available upon request.

64.28    Sec. 12. Minnesota Statutes 2008, section 204B.13, subdivision 1, is amended to read:
64.29    Subdivision 1. Death or withdrawal. A vacancy in nomination may be filled in the
64.30manner provided by this section. A vacancy in nomination exists when:
64.31(a) (1) a major political party candidate or nonpartisan candidate who was nominated
64.32at a primary dies or files an affidavit of withdrawal as provided in section 204B.12,
64.33subdivision 2a
; or
65.1(b) a candidate for a nonpartisan office, for which one or two candidates filed, dies or
65.2files an affidavit of withdrawal as provided in section 204B.12, subdivision 1. (2) a major
65.3political party candidate for state constitutional office or the candidate's legal guardian
65.4files an affidavit of vacancy at least one day prior to the general election with the same
65.5official who received the affidavit of candidacy that states that:
65.6(i) the candidate has a catastrophic illness that was diagnosed after the deadline
65.7for withdrawal; and
65.8(ii) the candidate's illness will permanently and continuously incapacitate the
65.9candidate and prevent the candidate from performing the duties of the office sought.
65.10The affidavit must be accompanied by a certificate verifying that the candidate's
65.11illness meets the requirements of this clause, signed by at least two licensed physicians.

65.12    Sec. 13. Minnesota Statutes 2008, section 204B.13, subdivision 2, is amended to read:
65.13    Subd. 2. Partisan office; nomination by party. (a) A vacancy in nomination for
65.14partisan office shall be filled as provided in this subdivision effectively remove that office
65.15from the ballot. Votes cast at the general election for that office are invalid and the office
65.16must be filled in a special election held in accordance with section 204D.17, except as
65.17provided by this section.
65.18Except for the vacancy in nomination, all other candidates whose names would have
65.19appeared on the general election ballot for this race must appear on the special election
65.20ballot for this race. There must not be a primary to fill the vacancy in nomination.
65.21A major political party has the authority to fill a vacancy in nomination of that
65.22party's candidate by filing a nomination certificate with the same official who received
65.23the affidavits of candidacy for that office.
65.24(b) A major political party may provide in its governing rules a procedure, including
65.25designation of an appropriate committee, to fill vacancies in nomination for all federal
65.26and state offices elected statewide. The nomination certificate shall be prepared under the
65.27direction of and executed by the chair and secretary of the political party and filed within
65.28seven days after the vacancy in nomination occurs or before the 14th day before the
65.29general election, whichever is sooner. If the vacancy in nomination occurs through the
65.30candidate's death or catastrophic illness, the nomination certificate must be filed within
65.31seven days after the vacancy in nomination occurs but no later than four days before
65.32the general election. The chair and secretary when filing the certificate shall attach an
65.33affidavit stating that the newly nominated candidate has been selected under the rules of
65.34the party and that the individuals signing the certificate and making the affidavit are the
65.35chair and secretary of the party.

66.1    Sec. 14. Minnesota Statutes 2008, section 204B.13, is amended by adding a
66.2subdivision to read:
66.3    Subd. 7. Date of special election. The special election must be held on the second
66.4Tuesday in December.

66.5    Sec. 15. Minnesota Statutes 2008, section 204B.13, is amended by adding a
66.6subdivision to read:
66.7    Subd. 8. Absentee voters. All applicants for absentee ballots for the general
66.8election must be sent ballots for the special election, without submission of a new absentee
66.9ballot application.

66.10    Sec. 16. Minnesota Statutes 2008, section 204B.13, is amended by adding a
66.11subdivision to read:
66.12    Subd. 9. Subsequent vacancy in nomination. (a) A vacancy in nomination that
66.13occurs prior to a special election scheduled as a result of an earlier vacancy in nomination
66.14must be filled in the same manner as provided in this section, except that the previously
66.15scheduled special election must be canceled and a new special election held.
66.16(b) A special election required by this subdivision must be held on the second
66.17Tuesday of the month following the month during which the prior special election was
66.18scheduled to be held, provided that if the new special election date falls on a federal
66.19holiday, the special election must be held on the next following Tuesday after the holiday.

66.20    Sec. 17. Minnesota Statutes 2008, section 205.075, subdivision 1, is amended to read:
66.21    Subdivision 1. Date of election. The general election in a town must be held on the
66.22second Tuesday in March, except as provided in subdivision 2 or when moved for bad
66.23weather as provided in section 365.51, subdivision 1.

66.24    Sec. 18. Minnesota Statutes 2008, section 205.075, is amended by adding a subdivision
66.25to read:
66.26    Subd. 2a. Return to March election. The town board of a town that has adopted
66.27the alternative November election date under subdivision 2 may, after having conducted
66.28at least two elections on the alternative date, adopt a resolution designating the second
66.29Tuesday in March as the date of the town general election. The resolution must be
66.30adopted by a unanimous vote of the town supervisors and must include a plan to shorten
66.31or lengthen the terms of office to provide an orderly transition to the March election
67.1schedule. The resolution becomes effective upon an affirmative vote of the electors at
67.2the next town general election.

67.3    Sec. 19. Minnesota Statutes 2008, section 367.03, subdivision 4, is amended to read:
67.4    Subd. 4. Officers; November election. Except as provided in subdivision 4a,
67.5supervisors and other town officers in towns that hold the town general election in
67.6November shall be elected for terms of four years commencing on the first Monday in
67.7January and until their successors are elected and qualified. The clerk and treasurer shall
67.8be elected in alternate years.

67.9    Sec. 20. Minnesota Statutes 2008, section 367.03, is amended by adding a subdivision
67.10to read:
67.11    Subd. 4a. Optional six-year terms. The resolution required under section 205.075,
67.12subdivision 2, to adopt the alternative November date for town general election may
67.13include the proposal and corresponding transition plan to provide for a six-year term for
67.14town supervisors. A town that has adopted the alternative November date for general town
67.15elections using the four-year terms provided under subdivision 4 may adopt a resolution
67.16establishing six-year terms for supervisors as provided under this subdivision. The
67.17resolution must include a plan to provide an orderly transition to six-year terms. The
67.18resolution adopting the six-year term for town supervisors may be proposed by the town
67.19board or by a resolution of the electors adopted at the annual town meeting and is effective
67.20upon an affirmative vote of the electors at the next town general election.

67.21    Sec. 21. REPEALER.
67.22Minnesota Statutes 2008, sections 204B.12, subdivision 2a; 204B.13, subdivisions
67.234, 5, and 6; 204B.41; and 204D.169, are repealed.

67.24    Sec. 22. EXPIRATION.
67.25Sections 6 to 16 and 21 expire on June 30, 2013.