Minnesota Legislature
SF 1331
3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:20am
2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 2.41 2.42 2.43 2.44
3.1 3.2
3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26
3.27 3.28
3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13
4.14 4.15
4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6
5.7 5.8
5.9 5.10 5.11 5.12
5.13 5.14
5.15 5.16 5.17 5.18 5.19 5.20
5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23
6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11
7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24
7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26
8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2
9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21
9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 10.36 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13
11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19
12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32
12.33 12.34 12.35
13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13
13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16
14.17
14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35
15.36
16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9
16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22
17.23 17.24 17.25 17.26
17.27 17.28 17.29 17.30
17.31 17.32 17.33 18.1 18.2
18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22
18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22
19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 19.35 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13
20.14 20.15 20.16
20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11
21.12 21.13 21.14 21.15
21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8
22.9 22.10 22.11 22.12
22.13 22.14 22.15 22.16 22.17 22.18
22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34
23.1 23.2 23.3 23.4
23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17
23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2
24.3 24.4 24.5 24.6 24.7 24.8 24.9
24.10 24.11 24.12 24.13
24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25
24.26 24.27 24.28 24.29
24.30 24.31 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12
25.13 25.14 25.15
25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27
25.28 25.29 25.30 25.31 25.32 25.33 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10
26.11 26.12 26.13 26.14
26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33
27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 27.36 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 29.36 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22
30.23 30.24 30.25 30.26
30.27 30.28 30.29 30.30 30.31 30.32
30.33 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9
31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30
31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19
32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29
32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9
33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17
33.18 33.19 33.20 33.21 33.22 33.23
33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15
34.16 34.17 34.18 34.19
34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21
35.22 35.23 35.24 35.25
35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 36.1 36.2
36.3 36.4 36.5 36.6
36.7 36.8 36.9 36.10 36.11
36.12 36.13 36.14 36.15
36.16 36.17 36.18 36.19
36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29
36.30 37.1 37.2 37.3 37.4
37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 38.1 38.2 38.3 38.4 38.5 38.6 38.7
38.8 38.9 38.10 38.11 38.12 38.13
38.14
38.15 38.16 38.17 38.18
38.19
38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16
39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31
39.32
39.33 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22
40.23 40.24
40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 41.1 41.2 41.3 41.4 41.5 41.6
41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24
41.25
41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8
42.9
42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33
42.34
43.1 43.2 43.3 43.4
43.5
43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15
43.16
43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10
44.11
44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24
44.25
44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15
45.16
45.17 45.18 45.19 45.20 45.21 45.22 45.23
45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23
46.24 46.25
46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13
47.14
47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30
47.31 47.32
48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9
48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25
48.26
48.27 48.28 48.29 48.30 48.31 48.32 48.33 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27
49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 50.1 50.2 50.3 50.4
50.5 50.6
50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21
50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30
50.31 50.32 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9
51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21
51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30
51.31 51.32 51.33 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17
52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33
53.1 53.2
53.3 53.4 53.5 53.6 53.7 53.8
53.9 53.10 53.11 53.12
53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20
53.21 53.22
53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16
54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13
55.14 55.15 55.16 55.17
55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16
56.17 56.18 56.19 56.20
56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28
56.29 56.30 56.31 56.32 57.1 57.2
57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10
57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20
57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 58.1 58.2
58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 59.36 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13
60.14 60.15
60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17
61.18 61.19 61.20 61.21
61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34
62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13
62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27
62.28 62.29 62.30 62.31 62.32 62.33
63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13
63.14 63.15 63.16 63.17
63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27
63.28 63.29 63.30 63.31 63.32 63.33 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8
64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20
64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29
64.30 64.31 64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12
65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20
65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23
66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28
67.29 67.30 67.31 67.32 67.33 67.34 67.35 68.1 68.2 68.3
68.4 68.5 68.6 68.7 68.8
68.9 68.10 68.11
68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20
68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29
68.30 68.31 69.1 69.2 69.3 69.4
69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22
69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 70.1 70.2
70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 71.1 71.2 71.3 71.4 71.5
71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23
71.24 71.25 71.26 71.27 71.28 71.29
71.30 71.31 71.32 71.33 72.1 72.2 72.3 72.4 72.5
72.6 72.7 72.8 72.9 72.10 72.11
72.12 72.13 72.14 72.15
72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17
73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30
73.31 73.32 73.33 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 74.35 74.36
75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28
75.29 75.30 75.31 75.32 75.33 75.34
76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 76.35 77.1 77.2
77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22
77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31
77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12
78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25
78.26 78.27 78.28 78.29 78.30
78.31 78.32
79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13
79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27
79.28 79.29 79.30 79.31 79.32 79.33 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 80.35 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13
81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21
81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 82.1 82.2
82.3 82.4 82.5
82.6 82.7 82.8 82.9 82.10
82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23
82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 83.35 83.36 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33
84.34 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10
85.11 85.12 85.13 85.14 85.15
85.16 85.17 85.18 85.19 85.20 85.21 85.22
85.23 85.24 85.25 85.26 85.27 85.28 85.29
85.30 85.31 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9
86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 86.35 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19
87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31
87.32 87.33 87.34 88.1 88.2 88.3 88.4 88.5 88.6 88.7
88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15
88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28
88.29
88.30 88.31 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15
89.16
89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12
90.13
90.14 90.15 90.16 90.17 90.18 90.19
90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 91.1 91.2
91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 91.35
92.1 92.2 92.3 92.4 92.5 92.6
92.7 92.8
92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16
92.17 92.18 92.19 92.20 92.21
92.22 92.23 92.24 92.25
92.26 92.27 92.28 92.29 92.30 92.31 92.32 93.1 93.2 93.3 93.4 93.5 93.6 93.7
93.8
93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21
93.22 93.23
93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32
93.33
94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22
94.23 94.24 94.25 94.26
94.27 94.28 94.29 94.30 94.31 94.32
94.33 95.1 95.2 95.3
95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13
95.14 95.15
95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29
95.30 95.31 95.32 95.33 96.1 96.2 96.3
96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14
96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23
96.24 96.25 96.26 96.27
96.28 96.29 96.30 96.31 96.32 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11
97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25
97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 98.1 98.2
98.3 98.4 98.5 98.6
98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19
98.20
98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32
98.33
99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12
99.13 99.14 99.15 99.16 99.17 99.18
99.19 99.20
99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 100.1 100.2 100.3
100.4 100.5 100.6
100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26
100.27 100.28 100.29 100.30 100.31 100.32 100.33
101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12
101.13 101.14
101.15 101.16 101.17 101.18 101.19 101.20
101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32
102.1 102.2
102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16
102.17 102.18 102.19 102.20
102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30
102.31 102.32 103.1 103.2
103.3 103.4 103.5 103.6
103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14
103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25
103.26 103.27 103.28 103.29 103.30 103.31 103.32 104.1 104.2 104.3 104.4 104.5
104.6 104.7 104.8 104.9
104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30
104.31 104.32 104.33 104.34 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10
105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27
105.28 105.29 105.30 105.31
105.32 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18
106.19
106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 106.35 107.1 107.2 107.3
107.4 107.5
107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29
107.30 107.31 107.32 107.33 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9
108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20
108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8
109.9 109.10 109.11 109.12
109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31
109.32 109.33 109.34 110.1 110.2 110.3 110.4
110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24
110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 111.1 111.2
111.3 111.4
111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25
111.26 111.27 111.28 111.29 111.30 111.31
111.32 111.33
112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9
112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28
112.29 112.30 112.31 112.32 112.33 112.34 113.1 113.2 113.3 113.4 113.5 113.6 113.7
113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28
113.29 113.30 113.31 113.32 113.33 114.1 114.2
114.3 114.4 114.5 114.6 114.7 114.8 114.9
114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13
115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21
115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32
115.33 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30
116.31 116.32 116.33 116.34 116.35 117.1 117.2 117.3 117.4 117.5 117.6 117.7
117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20
117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34
A bill for an act
relating to elections; moving the state primary from September to June and
making conforming changes; updating certain ballot and voting system
requirements; changing certain election administration provisions; authorizing
early voting; expanding requirements and authorizations for postsecondary
institutions to report resident student information to the secretary of state for
voter registration purposes; changing certain absentee ballot requirements and
provisions; requiring a special election for certain vacancies in nomination;
changing the special election requirements for vacancies in Congressional
offices; requiring an affidavit of candidacy to state the candidate's residence
address and telephone number; changing municipal precinct and ward boundary
requirements for certain cities; imposing additional requirements on polling
place challengers; changing certain caucus and campaign provisions; amending
Minnesota Statutes 2008, sections 10A.31, subdivision 6; 10A.321; 10A.322,
subdivision 1; 10A.323; 103C.305, subdivisions 1, 3; 135A.17, subdivision
2; 201.016, subdivisions 1a, 2; 201.022, subdivision 1; 201.056; 201.061,
subdivisions 1, 3; 201.071, subdivision 1; 201.091, by adding a subdivision;
201.11; 201.12; 201.13; 202A.14, subdivision 3; 203B.001; 203B.01, by adding
a subdivision; 203B.02, subdivision 3; 203B.03, subdivision 1; 203B.04,
subdivisions 1, 6; 203B.05; 203B.06, subdivisions 3, 5; 203B.07, subdivisions 2,
3; 203B.08, subdivisions 2, 3, by adding a subdivision; 203B.081; 203B.085;
203B.11, subdivision 1; 203B.12; 203B.125; 203B.16, subdivision 2; 203B.17,
subdivision 1; 203B.19; 203B.21, subdivision 2; 203B.22; 203B.225, subdivision
1; 203B.227; 203B.23, subdivision 2; 203B.24, subdivision 1; 203B.26; 204B.04,
subdivisions 2, 3; 204B.06, by adding a subdivision; 204B.07, subdivision 1;
204B.09, subdivisions 1, 3; 204B.11, subdivision 2; 204B.13, subdivisions 1, 2,
by adding subdivisions; 204B.135, subdivisions 1, 3, 4; 204B.14, subdivisions
2, 3, 4, by adding a subdivision; 204B.16, subdivision 1; 204B.18; 204B.21,
subdivision 1; 204B.22, subdivisions 1, 2; 204B.24; 204B.27, subdivisions 2, 3;
204B.28, subdivision 2; 204B.33; 204B.35, subdivision 4; 204B.44; 204B.45,
subdivision 2; 204B.46; 204C.02; 204C.04, subdivision 1; 204C.06, subdivision
1; 204C.07, subdivisions 3a, 4; 204C.08; 204C.10; 204C.12, subdivision 2;
204C.13, subdivisions 2, 3, 5, 6; 204C.17; 204C.19, subdivision 2; 204C.20,
subdivisions 1, 2; 204C.21; 204C.22, subdivisions 3, 4, 6, 7, 10, 13; 204C.24,
subdivision 1; 204C.25; 204C.26; 204C.27; 204C.28, subdivision 3; 204C.30,
by adding subdivisions; 204C.33, subdivisions 1, 3; 204C.35, subdivisions 1,
2, by adding a subdivision; 204C.36, subdivisions 1, 3, 4; 204C.37; 204D.03,
subdivisions 1, 3; 204D.04, subdivision 2; 204D.05, subdivision 3; 204D.07;
204D.08; 204D.09, subdivision 2; 204D.10, subdivisions 1, 3; 204D.11,
subdivision 1; 204D.12; 204D.13; 204D.16; 204D.165; 204D.17; 204D.19;
204D.20, subdivision 1; 204D.25, subdivision 1; 205.065, subdivisions 1, 2;
205.07, by adding a subdivision; 205.075, subdivision 1; 205.13, subdivisions
1, 1a, 2; 205.16, subdivisions 2, 3, 4; 205.17, subdivisions 1, 3, 4, 5; 205.185,
subdivision 3, by adding a subdivision; 205.84, subdivisions 1, 2; 205A.03,
subdivisions 1, 2; 205A.05, subdivisions 1, 2; 205A.06, subdivision 1a; 205A.07,
subdivisions 2, 3; 205A.08, subdivisions 1, 3, 4; 205A.10, subdivisions 2, 3, by
adding a subdivision; 205A.11, subdivision 3; 206.56, subdivision 3; 206.57,
subdivision 6; 206.82, subdivision 2; 206.83; 206.84, subdivision 3; 206.86,
subdivision 6; 206.89, subdivisions 2, 3; 206.90, subdivisions 9, 10; 208.03;
208.04; 211B.045; 211B.11, by adding a subdivision; 211B.20, subdivisions
1, 2; 412.02, subdivision 2a; 414.02, subdivision 4; 414.031, subdivision 6;
414.0325, subdivisions 1, 4; 414.033, subdivision 7; 447.32, subdivision 4; Laws
2005, chapter 162, section 34, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapters 202A; 203B; 204B; 204C; 204D; 205; 205A;
repealing Minnesota Statutes 2008, sections 3.22; 201.096; 203B.04, subdivision
5; 203B.10; 203B.11, subdivision 2; 203B.13, subdivisions 1, 2, 3, 4; 203B.25;
204B.12, subdivision 2a; 204B.13, subdivisions 4, 5, 6; 204B.22, subdivision 3;
204B.36; 204B.37; 204B.38; 204B.39; 204B.41; 204B.42; 204C.07, subdivision
3; 204C.13, subdivision 4; 204C.20, subdivision 3; 204C.23; 204D.05,
subdivisions 1, 2; 204D.10, subdivision 2; 204D.11, subdivisions 2, 3, 4, 5, 6;
204D.14, subdivisions 1, 3; 204D.15, subdivisions 1, 3; 204D.169; 204D.28;
205.17, subdivision 2; 206.56, subdivision 5; 206.57, subdivision 7; 206.61,
subdivisions 1, 3, 4, 5; 206.62; 206.805, subdivision 2; 206.84, subdivisions 1, 6,
7; 206.86, subdivisions 1, 2, 3, 4, 5; 206.90, subdivisions 3, 5, 6, 7, 8; 206.91;
Minnesota Rules, part 8230.4365, subpart 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read:
Subd. 6.
Distribution of party accounts.
As soon as the board has obtained from
the secretary of state the results of the primary election, but no later than one week after
certification by the State Canvassing Board of the results of the primary, the board must
distribute the available money in each party account, as certified by the commissioner of
revenue deleted text begin on September 1deleted text end new text begin one week before the state primarynew text end , to the candidates of that party
who have signed a spending limit agreement under section 10A.322 and filed the affidavit
of contributions required by section 10A.323, who were opposed in either the primary
election or the general election, and whose names are to appear on the ballot in the general
election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy
from the party account may not be paid in an amount greater than the expenditure limit
of the candidate or the expenditure limit that would have applied to the candidate if the
candidate had not been freed from expenditure limits under section 10A.25, subdivision
10. deleted text begin If a candidate files the affidavit required by section 10A.323 after September 1 of the
general election year, the board must pay the candidate's allocation to the candidate at the
next regular payment date for public subsidies for that election cycle that occurs at least
15 days after the candidate files the affidavit.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 2.
Minnesota Statutes 2008, section 10A.321, is amended to read:
10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.
Subdivision 1.
Calculation and certification of estimates.
The commissioner of
revenue must calculate and certify to the board new text begin one week new text end before deleted text begin July 1deleted text end new text begin the first day for
filing for office new text end in each election year an estimate of the total amount in the state general
account of the state elections campaign fund and the amount of money each candidate
who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the
candidate's party account in the state elections campaign fund. This estimate must be
based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any
necessary vote totals provided by the secretary of state to apply the formulas in section
10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after
100 percent of the tax returns have been processed.
Subd. 2.
Publication, certification, and notification procedures.
Before the
first day of filing for office, the board must publish and forward to all filing officers
the estimates calculated and certified under subdivision 1 along with a copy of section
10A.25, subdivision 10. Within deleted text begin seven daysdeleted text end new text begin one weeknew text end after the last day for filing for
office, the secretary of state must certify to the board the name, address, office sought, and
party affiliation of each candidate who has filed with that office an affidavit of candidacy
or petition to appear on the ballot. The auditor of each county must certify to the board
the same information for each candidate who has filed with that county an affidavit of
candidacy or petition to appear on the ballot. deleted text begin By August 15deleted text end new text begin Within two weeks after the last
day for filing for officenew text end , the board must notify all candidates of their estimated minimum
amount. The board must include with the notice a form for the agreement provided in
section 10A.322 along with a copy of section 10A.25, subdivision 10.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 3.
Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read:
Subdivision 1.
Agreement by candidate.
(a) As a condition of receiving a public
subsidy, a candidate must sign and file with the board a written agreement in which the
candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision
10; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38.
(b) Before the first day of filing for office, the board must forward agreement forms
to all filing officers. The board must also provide agreement forms to candidates on
request at any time. The candidate must file the agreement with the board deleted text begin by September 1
preceding the candidate's general election or a special election held at the general electiondeleted text end new text begin
at least three weeks before the candidate's state primarynew text end . An agreement may not be filed
after that date. An agreement once filed may not be rescinded.
(c) The board must notify the commissioner of revenue of any agreement signed
under this subdivision.
(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means
of a special election and the filing period does not coincide with the filing period for the
general election, a candidate may sign and submit a spending limit agreement not later
than the day after the candidate files the affidavit of candidacy or nominating petition
for the office.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 4.
Minnesota Statutes 2008, section 10A.323, is amended to read:
10A.323 AFFIDAVIT OF CONTRIBUTIONS.
In addition to the requirements of section 10A.322, to be eligible to receive a public
subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit
with the board stating that deleted text begin during that calendar yeardeleted text end new text begin between January 1 of the election year
and the cutoff date for transactions included in the report of receipts and expenditures due
before the primary election, new text end the candidate has accumulated contributions from persons
eligible to vote in this state in at least the amount indicated for the office sought, counting
only the first $50 received from each contributor:
(1) candidates for governor and lieutenant governor running together, $35,000;
(2) candidates for attorney general, $15,000;
(3) candidates for secretary of state and state auditor, separately, $6,000;
(4) candidates for the senate, $3,000; and
(5) candidates for the house of representatives, $1,500.
The affidavit must state the total amount of contributions that have been received
from persons eligible to vote in this state, disregarding the portion of any contribution in
excess of $50.
The candidate or the candidate's treasurer must submit the affidavit required by this
section to the board in writing by the deleted text begin cutoff datedeleted text end new text begin deadlinenew text end for reporting of receipts and
expenditures before a primary under section 10A.20, subdivision 4.
A candidate for a vacancy to be filled at a special election for which the filing period
does not coincide with the filing period for the general election must submit the affidavit
required by this section to the board within five days after filing the affidavit of candidacy.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 5.
Minnesota Statutes 2008, section 103C.305, subdivision 1, is amended to read:
Subdivision 1.
Time for election.
Elections must be held at the state general
election specified in section 204D.03, subdivision 2. A primary deleted text begin may notdeleted text end new text begin mustnew text end be heldnew text begin if
there are more than two candidates for any available supervisor positionnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 6.
Minnesota Statutes 2008, section 103C.305, subdivision 3, is amended to read:
Subd. 3.
Ballots.
Ballots shall be prepared by the county auditor. The names of
candidates shall be placed on the "deleted text begin canarydeleted text end new text begin state general electionnew text end ballot" described in section
204D.11, subdivision 3. The office title printed on the ballot must be either "Soil and
Water Conservation District Supervisor" or "Conservation District Supervisor," based
upon the district from which the supervisor is to be elected.
Sec. 7.
Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Residential housing listdeleted text end new text begin List of enrolled studentsnew text end .
deleted text begin All postsecondary
institutions that enroll students accepting state or federal financial aid maydeleted text end new text begin (a) Institutions
within the Minnesota State Colleges and Universities mustnew text end prepare a current list of
students enrolled in the institution and residing deleted text begin in the institution's housing or within
ten miles of the institution's campusdeleted text end new text begin in Minnesotanew text end . The list deleted text begin shalldeleted text end new text begin must new text end include each
student's new text begin name and new text end current addressnew text begin , unless the name or address is not designated as public
data under section 13.32, subdivision 5new text end . The list deleted text begin shalldeleted text end new text begin must new text end be certified and sent to the
deleted text begin appropriate county auditor or auditorsdeleted text end new text begin secretary of state no earlier than 30 and no later than
25 days before the November general election, in an electronic format specified by the
secretary of state, new text end for use in election day registration as provided under section 201.061,
subdivision 3. new text begin The certification must be dated and signed by the chief officer or designee
of the postsecondary educational institution, or for institutions within the Minnesota State
Colleges and Universities, by the chancellor, and must state that the list is current and
accurate and includes only the names of currently enrolled students residing in Minnesota
as of the date of certification. The secretary of state must combine the data received from
each postsecondary educational institution under this subdivision and must process the
data to locate the precinct in which the address provided for each student is located. If the
data submitted by the postsecondary educational institution is insufficient for the secretary
of state to locate the proper precinct, the associated student name must not appear in any
list forwarded to a county auditor under this subdivision.
new text end
new text begin
At least 14 days before the November general election, the secretary of state
must forward to the appropriate county auditor lists of students containing the students'
names and addresses for which precinct determinations have been made along with their
postsecondary educational institutions. The list must be sorted by precinct and student
last name and must be forwarded in an electronic format specified by the secretary of
state or other mutually agreed upon medium, if a written agreement specifying the
medium is signed by the secretary of state and the county auditor at least 90 days before
the November general election. A written agreement is effective for all elections until
rescinded by either the secretary of state or the county auditor.
new text end
new text begin
(b) Other postsecondary institutions may provide lists as provided by this subdivision
or as provided by the rules of the secretary of state. The University of Minnesota is
requested to comply with this subdivision.
new text end
new text begin (c)new text end A residential housing list provided under this subdivision may not be used or
disseminated by a county auditor or the secretary of state for any other purpose.
Sec. 8.
Minnesota Statutes 2008, section 201.016, subdivision 1a, is amended to read:
Subd. 1a.
Violations; penalty.
(a) The county auditor shall mail a deleted text begin violationdeleted text end notice
to any voter who the county auditor can determine has deleted text begin voteddeleted text end new text begin : (1) provided the address at
which the voter maintains residence, but was allowed to votenew text end in a precinct other than the
precinct in which the voter maintains residencenew text begin ; and (2) not voted in the wrong precinct
previouslynew text end . The notice must be in the form provided by the secretary of state.
new text begin (b) The county auditor shall mail a violation notice to any voter who otherwise voted
in a precinct in which the voter did not maintain residence on election day. new text end The county
auditor shall also change the status of the voter in the statewide registration system to
"challenged" and the voter shall be required to provide proof of residence to either the
county auditor or to the election judges in the voter's precinct before voting in the next
election. Any of the forms authorized by section 201.061 for registration at the polling
place may be used for this purpose.
deleted text begin (b)deleted text end new text begin (c)new text end A voter who votes in a precinct other than the precinct in which the
voter maintains residence after receiving an initial violation notice as provided in this
subdivision is guilty of a petty misdemeanor.
deleted text begin (c)deleted text end new text begin (d)new text end A voter who votes in a precinct other than the precinct in which the voter
maintains residence after having been found to have committed a petty misdemeanor
under paragraph (b) is guilty of a misdemeanor.
deleted text begin (d)deleted text end new text begin (e)new text end Reliance by the voter on inaccurate information regarding the location of
the voter's polling place provided by the state, county, or municipality is an affirmative
defense to a prosecution under this subdivision.
Sec. 9.
Minnesota Statutes 2008, section 201.016, subdivision 2, is amended to read:
Subd. 2.
Duration of residence.
The governing body of any city by resolution
may require an eligible voter to maintain residence in a precinct for a period of 30 days
prior to voting on any question affecting only that precinct or voting to elect public
officials representing only that precinct. The governing body of any town by resolution
may require an eligible voter to maintain residence in that town for a period of 30 days
prior to voting in a town election. The school board of any school district by resolution
may require an eligible voter to maintain residence in that school district for a period of
30 days prior to voting in a school district election.new text begin If a political boundary, including a
precinct, municipal, or school district boundary, is redrawn within the 30 days prior to
an election in a manner that places an eligible voter in a new jurisdiction and the eligible
voter has not changed residence during the 30 days before the election, the eligible voter
meets any residency requirement imposed under this subdivision.
new text end
Sec. 10.
Minnesota Statutes 2008, section 201.022, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
The secretary of state shall maintain a statewide
voter registration system to facilitate voter registration and to provide a central database
containing voter registration information from around the state. The system must be
accessible to the county auditor of each county in the state. The system must also:
(1) provide for voters to submit their voter registration applications to any county
auditor, the secretary of state, or the Department of Public Safety;
(2) provide for the definition, establishment, and maintenance of a central database
for all voter registration information;
(3) provide for entering data into the statewide registration system;
(4) provide for electronic transfer of completed voter registration applications from
the Department of Public Safety to the secretary of state or the county auditor;
(5) assign a unique identifier to each legally registered voter in the state;
(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
state identification number, and last four digits of the Social Security number for each
voter record;
(7) coordinate with other agency databases within the state;
(8) allow county auditors and the secretary of state to add or modify information in
the system to provide for accurate and up-to-date records;
(9) allow county auditors, municipal and school district clerks, and the secretary
of state to have electronic access to the statewide registration system for review and
search capabilities;
(10) provide security and protection of all information in the statewide registration
system and ensure that unauthorized access is not allowed;
(11) provide access to municipal clerks to use the system;
(12) provide a system for each county to identify the precinct to which a voter
should be assigned for voting purposes;
(13) provide daily reports accessible by county auditors on the driver's license
numbers, state identification numbers, or last four digits of the Social Security numbers
submitted on voter registration applications that have been verified as accurate by the
secretary of state; deleted text begin and
deleted text end
(14) provide reports on the number of absentee ballots transmitted to and returned
and cast by voters under section 203B.16new text begin ; andnew text end
new text begin (15) provide rosters, master lists, and other reports necessary for early votingnew text end .
The appropriate state or local official shall provide security measures to prevent
unauthorized access to the computerized list established under section 201.021.
Sec. 11.
Minnesota Statutes 2008, section 201.056, is amended to read:
201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
An individual who is unable to write the individual's name shall be required to sign
a registration application in the manner provided by section 645.44, subdivision 14. If
the individual registers in person and signs by making a mark, the clerk or election judge
accepting the registration shall certify the mark by signing the individual's name. If the
individual registers by mail and signs by making a mark, the mark shall be certified by
having a voter registered in the individual's precinct sign the individual's name and the
voter's own name and give the voter's own address. new text begin An individual who has power of
attorney for another person may not sign election-related documents for that person,
except as provided by this section.
new text end
Sec. 12.
Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
Subdivision 1.
Prior to election day.
At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible voter or any
individual who will be an eligible voter at the time of the next election may register to vote
in the precinct in which the voter maintains residence by completing a voter registration
application as described in section 201.071, subdivision 1, and submitting it in person or
by mail to the county auditor of that county or to the Secretary of State's Office. new text begin If the Web
site maintained by the secretary of state provides a process for it, an individual who has
a Minnesota driver's license, identification card, or learner's permit may register online.
new text end A registration that is received no later than 5:00 p.m. on the 21st day preceding any
election shall be accepted. An improperly addressed or delivered registration application
shall be forwarded within two working days after receipt to the county auditor of the
county where the voter maintains residence. A state or local agency or an individual that
accepts completed voter registration applications from a voter must submit the completed
applications to the secretary of state or the appropriate county auditor within ten new text begin business
new text end days after the applications are dated by the voter.
For purposes of this section, mail registration is defined as a voter registration
application delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.
Sec. 13.
Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:
Subd. 3.
Election day registration.
(a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a registration application, making
an oath in the form prescribed by the secretary of state and providing proof of residence.
An individual may prove residence for purposes of registering by:
(1) presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;
(2) presenting any document approved by the secretary of state as proper
identification;
(3) presenting one of the following:
(i) a current valid student identification card from a postsecondary educational
institution in Minnesota, if a list of students from that institution has been prepared under
section 135A.17 deleted text begin and certified to the county auditordeleted text end new text begin or new text end in the manner provided in rules of
the secretary of state; or
(ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or
(4) having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee personally knows that the individual is a resident of the precinct. A
voter who has been vouched for on election day may not sign a proof of residence oath
vouching for any other individual on that election day. A voter who is registered to vote in
the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.
The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.
(b) The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.
(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section 245A.02, subdivision 14; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.
(d) For tribal band members, an individual may prove residence for purposes of
registering by:
(1) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, address, signature, and picture of the individual; or
(2) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, signature, and picture of the individual and also presenting one of the
documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.
Sec. 14.
Minnesota Statutes 2008, section 201.071, subdivision 1, is amended to read:
Subdivision 1.
Form.
A voter registration application must deleted text begin be of suitable size and
weight for mailing anddeleted text end contain spaces for the following required information: voter's first
name, middle name, and last name; voter's previous name, if any; voter's current address;
voter's previous address, if any; voter's date of birth; voter's municipality and county of
residence; voter's telephone number, if provided by the voter; date of registration; current
and valid Minnesota driver's license number or Minnesota state identification number,
or if the voter has no current and valid Minnesota driver's license or Minnesota state
identification, new text begin and new text end the last four digits of the voter's Social Security numberdeleted text begin ; and voter's
signaturedeleted text end . The registration application may include the voter's e-mail address, if provided
by the voter, and the voter's interest in serving as an election judge, if indicated by the
voter. The application must also contain the following certification of voter eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately preceding election day;
(4) maintain residence at the address given on the registration form;
(5) am not under court-ordered guardianship in which the court order revokes my
right to vote;
(6) have not been found by a court to be legally incompetent to vote;
(7) have the right to vote because, if I have been convicted of a felony, my felony
sentence has expired (been completed) or I have been discharged from my sentence; and
(8) have read and understand the following statement: that giving false information
is a felony punishable by not more than five years imprisonment or a fine of not more
than $10,000, or both."
The certification must include boxes for the voter to respond to the following
questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election day?"
And the instruction:
"If you checked 'no' to either of these questions, do not complete this form."
The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.
An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.
new text begin
A paper voter registration application must include space for the voter's signature.
Paper voter registration applications, other than those used for election day registration,
must be of suitable size and weight for mailing.
new text end
Sec. 15.
Minnesota Statutes 2008, section 201.091, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Registration confirmation to registered voter. new text end
new text begin
The secretary of state
must ensure that the secretary of state's Web site is capable of providing voter registration
confirmation to a registered voter. An individual requesting registration confirmation must
provide the individual's name, address, and date of birth. If the information provided by
the individual completely matches an active voter record in the statewide voter registration
system, the Web site must inform the individual that the individual is a registered voter and
must provide the individual with the individual's polling place location. If the information
provided by the individual does not completely match an active voter record in the
statewide voter registration system, the Web site must inform the individual that a voter
record with that name and date of birth at the address provided cannot be confirmed and the
Web site must advise the individual to contact the county auditor for further information.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the Web site has been tested, shown to properly retrieve information from the
correct voter's record, and can handle the expected volume of use.
new text end
Sec. 16.
Minnesota Statutes 2008, section 201.11, is amended to read:
201.11 PRECINCT BOUNDARIESnew text begin ; HOUSE NUMBER; STREET
ADDRESSESnew text end CHANGED, CHANGE OF FILES.
new text begin Subdivision 1. new text end
new text begin Precinct boundaries changed. new text end
When the boundaries of a precinct
are changed, the county auditor shall immediately update the voter records for that
precinct in the statewide new text begin voter new text end registration system to accurately reflect those changes.
new text begin Subd. 2. new text end
new text begin House number or street address changed. new text end
new text begin
If a municipality
administratively changes the number or name of a street address of an existing residence,
the municipal clerk shall promptly notify the county auditor and the county auditor
shall immediately update the voter records of registered voters in the statewide voter
registration system to accurately reflect that change. A municipality must not make a
change to the number or name of a street address of an existing residence effective during
the 45 days before an election in a jurisdiction that includes the affected residence.
new text end
Sec. 17.
Minnesota Statutes 2008, section 201.12, is amended to read:
201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
CHALLENGES.
Subdivision 1.
Notice of registration.
To prevent fraudulent voting and to eliminate
excess names, the county auditor may mail to any registered voter a notice stating the
voter's name and address as they appear in the registration files. The notice shall request
the voter to notify the county auditor if there is any mistake in the information.
Subd. 2.
Moved within state.
If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address in this state,
the county auditor may change the voter's status to "inactive" in the statewide registration
system and shall deleted text begin notifydeleted text end new text begin transmit a copy of the mailing tonew text end the auditor of the county in which
the new address is located. deleted text begin Upon receipt of the notice,deleted text end new text begin If an election is scheduled to occur
in the precinct in which the voter resides in the next 47 days,new text end the county auditor shall
new text begin promptly new text end update the voter's address in the statewide new text begin voter new text end registration system deleted text begin anddeleted text end new text begin . If there
is not an election scheduled, the auditor may wait to update the voter's address until after
the next list of address changes is received from the secretary of state. Once updated, the
county auditor shallnew text end mail to the voter a notice stating the voter's name, address, precinct,
and polling place. The notice must advise the voter that the voter's voting address has
been changed and that the voter must notify the county auditor within 21 days if the
new address is not the voter's address of residence. The notice must state that it must be
returned if it is not deliverable to the voter at the named address.
Subd. 3.
Moved out of state.
If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address outside this
state, the county auditor shall promptly mail to the voter at the voter's new address a notice
advising the voter that the voter's status in the statewide new text begin voter new text end registration system will be
changed to "inactive" unless the voter notifies the county auditor within 21 days that the
voter is retaining the former address as the voter's address of residence. If the notice is
not received by the deadline, deleted text begin the county auditor shall changedeleted text end the voter's status new text begin shall be
changed new text end to "inactive" in the statewide new text begin voter new text end registration system.
Subd. 4.
Challenges.
If any nonforwardable mailing from an election official
is returned as undeliverable but with no forwarding address, the county auditor shall
change the registrant's status to "challenged" in the statewide new text begin voter new text end registration system.
An individual challenged in accordance with this subdivision shall comply with the
provisions of section 204C.12, before being allowed to vote. If a notice mailed at least
60 days after the return of the first nonforwardable mailing is also returned by the postal
service, the county auditor shall change the registrant's status to "inactive" in the statewide
new text begin voter new text end registration system.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Minnesota Statutes 2008, section 201.13, is amended to read:
201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER
RECORDS.
Subdivision 1.
Commissioner of health; reports of deceased residents.
Pursuant
to the Help America Vote Act of 2002, Public Law 107-252, the commissioner of health
shall report monthly by electronic means to the secretary of state the name, address, date
of birth, and county of residence of each individual 18 years of age or older who has died
while maintaining residence in Minnesota since the last previous report. The secretary of
state shall determine if any of the persons listed in the report are registered to vote and
shall prepare a list of those registrants for each county auditor. Within 60 days after
receiving the list from the secretary of state, the county auditor shall change the status of
those registrants to "deceased" in the statewide new text begin voter new text end registration system.
Subd. 2.
Deceased nonresidents.
After receiving notice of death of a voter who has
died outside the county, the county auditor shall change the voter's status to "deceased."
Notice must be in the form of a printed obituary or a written statement signed by a
registered voter deleted text begin of the countydeleted text end .
Subd. 3.
Use of change of address system.
(a) At least once each month the
secretary of state shall obtain a list of individuals registered to vote in this state who have
filed with the United States Postal Service a change of their permanent address. new text begin However,
the secretary of state shall not obtain this list within the 47 days before the state primary or
47 days before a November general election.
new text end
new text begin (b) new text end If the address is changed to another address in this state, the secretary of state
shall new text begin locate the precinct in which the voter resides, if possible. If the secretary of state
is able to locate the precinct in which the voter resides, the secretary must new text end transmit the
information about the changed address by electronic means to the county auditor of the
county in which the new address is located. new text begin If the voter has not voted or submitted a
voter registration application since the address change, new text end upon receipt of the information,
the county auditor shall update the voter's address in the statewide new text begin voter new text end registration
system deleted text begin anddeleted text end new text begin . The county auditor shallnew text end mail to the voter a notice stating the voter's name,
address, precinct, and polling placenew text begin , unless the voter's record is challenged due to a felony
conviction, noncitizenship, name change, incompetence, or a court's revocation of voting
rights of individuals under guardianship, in which case the auditor must not mail the
noticenew text end . The notice must advise the voter that the voter's voting address has been changed
and that the voter must notify the county auditor within 21 days if the new address is not
the voter's address of residence. The notice must state that it must be returned if it is not
deliverable to the voter at the named address.
deleted text begin (b)deleted text end new text begin (c)new text end If the change of permanent address is to an address outside this state, the
secretary of state shall notify by electronic means the auditor of the county where the
voter formerly resided that the voter has moved to another state. new text begin If the voter has not voted
or submitted a voter registration application since the address change, new text end the county auditor
shall promptly mail to the voter at the voter's new address a notice advising the voter that
the voter's status in the statewide new text begin voter new text end registration system will be changed to "inactive"
unless the voter notifies the county auditor within 21 days that the voter is retaining the
former address as the voter's address of residencenew text begin , except that if the voter's record is
challenged due to a felony conviction, noncitizenship, name change, incompetence, or
a court's revocation of voting rights of individuals under guardianship, the auditor must
not mail the noticenew text end . If the notice is not received by the deadline, the county auditor shall
change the voter's status to "inactive" in the statewide new text begin voter new text end registration system.
Subd. 4.
Request for removal of voter record.
If a voter makes a written request
for removal of the voter's record, the county auditor shall remove the record of the voter
from the statewide new text begin voter new text end registration system.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19.
Minnesota Statutes 2008, section 202A.14, subdivision 3, is amended to read:
Subd. 3.
Notice.
The county or legislative district chair shall give at least six days'
published notice of the holding of the precinct caucus, stating the place, date, and time for
holding the caucusdeleted text begin , anddeleted text end new text begin . The state party chairnew text end shall deliver the same information to the
deleted text begin municipal clerk and county auditordeleted text end new text begin secretary of state in an electronic format designated
by the secretary of statenew text end at least deleted text begin 20deleted text end new text begin 30new text end days before the precinct caucus. The deleted text begin county
auditordeleted text end new text begin secretary of statenew text end shall make this information available new text begin in electronic format via the
secretary of state's Web site new text end at least ten days before the date of the caucuses deleted text begin to persons
who request itdeleted text end .
Sec. 20.
new text begin
[202A.191] MAJOR POLITICAL PARTY CAUCUS WITHIN CITIES
OF THE FIRST CLASS.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
This section applies to a major political party precinct
caucus held within a city of the first class in an odd-numbered year, on the date determined
as provided in subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Date of caucus. new text end
new text begin
(a) The chairs of the two largest major political parties'
city organization within each city of the first class shall jointly submit to the governing
body of that city the single date on which the two parties have agreed to conduct their
precinct caucuses in the next odd-numbered year. The date must be submitted no later
than August 1 of each even-numbered year.
new text end
new text begin
(b) On August 1 of each even-numbered year, or at the next regularly scheduled
meeting following that date, the governing body within each city of the first class shall
publicly announce the official date for major political party precinct caucuses to be held in
the next odd-numbered year within the city.
new text end
new text begin
(c) If the chairs of the two largest major political parties within each city of the first
class do not jointly submit to the governing body of a city of the first class a single date for
conducting precinct caucuses in that city as provided in this subdivision, then for purposes
of the next odd-numbered year, the first Tuesday in February shall be considered the day
of a major political party precinct caucus within that city, and this section shall only
apply within that city only on that date.
new text end
new text begin
(d) For purposes of this subdivision, the two largest major political parties shall
be the parties whose candidates for governor received the greatest and second greatest
number of votes at the most recent election.
new text end
new text begin Subd. 3. new text end
new text begin Prohibited meetings and activities. new text end
new text begin
(a) The following meetings and
activities are prohibited after 6:00 p.m. on the night of a major party precinct caucus held
within a first class city:
new text end
new text begin
(1) A meeting of a school board or city council;
new text end
new text begin
(2) A meeting of the governing body of a special taxing district, as defined in section
275.066, if the special taxing district is wholly contained within the first-class city;
new text end
new text begin
(3) An event sponsored by a public elementary or secondary school.
new text end
new text begin
(b) This subdivision applies only to meetings and activities held within the first class
city where a major party caucus is held.
new text end
new text begin Subd. 4. new text end
new text begin Absence from work. new text end
new text begin
Every employee who is entitled to attend a major
political party precinct caucus within a city of the first class is entitled, after giving the
employer at least ten days' written notice, to be absent from work for the purpose of
attending the caucus during the time for which the caucus is scheduled without penalty or
deduction from salary or wages on account of the absence, other than a deduction in salary
for the time of absence from employment.
new text end
new text begin Subd. 5. new text end
new text begin Public school buildings. new text end
new text begin
No school official may deny the use of a public
school building for the holding of a major political party precinct caucus within a city of
the first class if the school office has received a written request for the use of the school
building 30 days or more prior to the date of the caucus.
new text end
new text begin Subd. 6. new text end
new text begin Use of facilities. new text end
new text begin
Every public agency, including the University of
Minnesota and other public colleges and universities located within a city of the first class,
must make their facilities available for the holding of a major party precinct caucus on the
date determined according to this section. A charge for the use of the facilities may be
imposed in an amount that does not exceed the lowest amount charged to any public or
private group.
new text end
Sec. 21.
Minnesota Statutes 2008, section 203B.001, is amended to read:
203B.001 ELECTION LAW APPLICABILITY.
The Minnesota Election Law is applicable to voting by absentee ballot new text begin and early
voting new text end unless otherwise provided in this chapter.
Sec. 22.
Minnesota Statutes 2008, section 203B.01, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Early voting. new text end
new text begin
"Early voting" means voting in person before election day at
the office of the county auditor or any other location authorized in this chapter.
new text end
Sec. 23.
Minnesota Statutes 2008, section 203B.02, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Permanentdeleted text end new text begin Indefinitenew text end residence abroad.
A United States citizen living
deleted text begin permanentlydeleted text end new text begin indefinitelynew text end outside the United States who is eligible under federal law to
vote in federal elections in Minnesota may vote by absentee ballot only as provided in
sections 203B.16 to 203B.27.
Sec. 24.
Minnesota Statutes 2008, section 203B.03, subdivision 1, is amended to read:
Subdivision 1.
Violation.
No individual shall intentionally:
(a) make or sign any false certificate required by this chapter;
(b) make any false or untrue statement in any application for absentee ballots;
(c) apply for absentee ballotsnew text begin or cast an early ballotnew text end more than once in any election
with the intent to cast an illegal ballot;
(d) exhibit a ballot marked by that individual to any other individual;
(e) do any act in violation of the provisions of this chapter for the purpose of casting
an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;
(f) use information from absentee ballotnew text begin or early votingnew text end materials or records for
purposes unrelated to elections, political activities, or law enforcement;
(g) provide assistance to an absenteenew text begin or earlynew text end voter except in the manner provided by
section 204C.15, subdivision 1;
(h) solicit the vote of an absenteenew text begin or earlynew text end voter while in the immediate presence of
the voter during the time the individual knows the absenteenew text begin or earlynew text end voter is voting; or
(i) alter an absentee ballot application after it has been signed by the voter, except by
an election official for administrative purposes.
Before inspecting information from absentee ballotnew text begin or early votingnew text end materials or
records, an individual shall provide identification to the public official having custody of
the material or information.
Sec. 25.
Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:
Subdivision 1.
Application procedures.
Except as otherwise allowed by
subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
for any election may be submitted at any time not less than one day before the day of
that election. The county auditor shall prepare absentee ballot application forms in the
format provided by the secretary of statedeleted text begin , notwithstanding rules on absentee ballot forms,deleted text end
and shall furnish them to any person on request. By January 1 of each even-numbered
year, the secretary of state shall make the forms to be used available to auditors through
electronic means. An application submitted pursuant to this subdivision shall be in writing
and shall be submitted to:
deleted text begin (a)deleted text end new text begin (1) new text end the county auditor of the county where the applicant maintains residence; or
deleted text begin (b)deleted text end new text begin (2) new text end the municipal clerk of the municipality, or school district if applicable, where
the applicant maintains residence.
An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses, and states
that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
section 203B.02. The application deleted text begin maydeleted text end new text begin must new text end contain a request for the deleted text begin voter'sdeleted text end new text begin applicant's
new text end date of birth, deleted text begin whichdeleted text end new text begin the applicant's Minnesota driver's license or state identification card
number, and the last four digits of the applicant's Social Security number, if the applicant
has these numbers, an oath that the information contained on the form is accurate, that the
applicant is applying on the applicant's own behalf, and that the applicant is signing the
form under penalty of perjury. An applicant's full date of birth, driver's license or state
identification number, and the last four digits of the applicant's Social Security number
new text end must not be made available for public inspection. An application may be submitted to
the county auditor or municipal clerk by an electronic facsimile device. An application
mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
by a person other than the voter must be deposited in the mail or returned in person to
the county auditor or municipal clerk within ten days after it has been dated by the voter
and no later than six days before the election. The absentee ballot applications or a list of
persons applying for an absentee ballot may not be made available for public inspection
until the close of voting on election day.
An application under this subdivision may contain an application under subdivision
deleted text begin 5deleted text end new text begin 6 new text end to automatically receive an absentee ballot deleted text begin applicationdeleted text end .
Sec. 26.
Minnesota Statutes 2008, section 203B.04, subdivision 6, is amended to read:
Subd. 6.
Ongoing absentee status; termination.
(a) An eligible voter may apply to
a county auditor or municipal clerk for status as an ongoing absentee voter who reasonably
expects to meet the requirements of section 203B.02, subdivision 1. new text begin The voter may
decline to receive an absentee ballot for one or more elections if that request is received
by the county auditor or municipal clerk at least five days before the deadline in section
204B.35 for delivering ballots for the election to which it applies. Sixty days before each
state primary, the county auditor must send each voter with ongoing absentee ballot status
a nonforwardable postcard to notify the voter when the voter can expect to receive the
ballots. new text end Each applicant must automatically be provided with an absentee ballot deleted text begin applicationdeleted text end
for each ensuing election other than an election by mail conducted under section 204B.45,
new text begin or as otherwise requested by the voter, new text end and must have the status of ongoing absentee voter
indicated on the voter's registration record.
(b) Ongoing absentee voter status ends on:
(1) the voter's written request;
(2) the voter's death;
(3) return of an ongoing absentee ballot as undeliverable;
(4) a change in the voter's status so that the voter is not eligible to vote under section
201.15 or 201.155; or
(5) placement of the voter's registration on inactive status under section 201.171.
new text begin
By May 1, 2010, each county auditor shall mail an explanation of the changes to the
ongoing absentee balloting process and an updated ongoing absentee voter application to
every voter with ongoing absentee ballot status in their county. A voter must return the
application to maintain the voter's status as an ongoing absentee voter. Upon receipt of
a completed application, the county auditor shall scan an image of the application and
update the voter's record with any new or changed information.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested and shown to properly
allow for the issuance of ballots to ongoing absentee voters.
new text end
Sec. 27.
Minnesota Statutes 2008, section 203B.05, is amended to read:
203B.05 DESIGNATION OF MUNICIPAL CLERKS TO ADMINISTER
new text begin EARLY AND new text end ABSENTEE VOTING LAWS.
Subdivision 1.
Generally.
The full-time clerk of any city or town shall administer
the provisions of sections 203B.04 to 203B.15 new text begin and 203B.30 to 203B.35, new text end if:
deleted text begin (a)deleted text end new text begin (1) new text end the county auditor of that county has designated the clerk to administer
them; or
deleted text begin (b)deleted text end new text begin (2) new text end the clerk has given the county auditor of that county notice of intention
to administer them.
new text begin
A clerk may only administer the provisions of sections 203B.04 to 203B.15 and
203B.30 to 203B.35, if the clerk has the technical capacity to access the absentee ballot
module of the statewide voter registration system in the secure manner prescribed by
the secretary of state. The secretary of state must identify hardware, software, security,
or other technical prerequisites necessary to ensure the security, access controls, and
performance of the statewide voter registration system. A clerk designated under this
subdivision must receive training approved by the secretary of state on the use of the
statewide voter registration system. A clerk may not use the statewide voter registration
system until the clerk has received the required training.
new text end
Subd. 2.
City, school district, and town elections.
For city, town, and school
district elections not held on the same day as a statewide election, applications for
absentee ballots shall be filed with the city, school district, or town clerk and the duties
prescribed by this chapter for the county auditor shall be performed by the city, school
district, or town clerk unless the county auditor agrees to perform those duties on behalf
of the city, school district, or town clerk. The costs incurred to provide absentee ballots
and perform the duties prescribed by this subdivision shall be paid by the city, town, or
school district holding the election.
Notwithstanding any other law, this chapter applies to school district elections held
on the same day as a statewide election or an election for a county or municipality wholly
or partially within the school district.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 28.
Minnesota Statutes 2008, section 203B.06, subdivision 3, is amended to read:
Subd. 3.
Delivery of ballots.
(a) If an application for absentee ballots is accepted
at a time when absentee ballots are not yet available for distribution, the county auditor,
or municipal clerk accepting the application shall file it and as soon as absentee ballots
are available for distribution shall mail them to the address specified in the application.
If an application for absentee ballots is accepted when absentee ballots are available for
distribution, the county auditor or municipal clerk accepting the application shall promptly:
(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause
(2);
(2) ship the ballots to the voter using a commercial shipper requested by the voter at
the voter's expense;
(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or
(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
voter who would have difficulty getting to the polls because of incapacitating health
reasons, or who is disabled, or who is a patient in a health care facility, a resident of
a facility providing assisted living services governed by chapter 144G, a participant in
a residential program for adults licensed under section 245A.02, subdivision 14, or a
resident of a shelter for battered women as defined in section 611A.37, subdivision 4.
(b) If an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the
next election occurring after receipt of the application. Only one set of ballots may be
mailed, shipped, or delivered to an applicant for any election, except as provided in section
deleted text begin 203B.13deleted text end new text begin 203B.12new text end , subdivision deleted text begin 2deleted text end new text begin 3anew text end , or when a replacement ballot has been requested by
the voter for a ballot that has been spoiled or lost in transit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 29.
Minnesota Statutes 2008, section 203B.06, subdivision 5, is amended to read:
Subd. 5.
Preservation of records.
An application for absentee ballots shall be
dated by the county auditor or municipal clerk when it is received and shall be initialed
when absentee ballots are mailed or delivered to the applicant. All applications shall be
preserved by the county auditor or municipal clerk deleted text begin and arranged according to precincts
and the initial letter of the applicant's surnamedeleted text end new text begin for 22 monthsnew text end .
Sec. 30.
new text begin
[203B.065] RECORDING APPLICATIONS.
new text end
new text begin
Upon accepting an application for a state primary or state general election, the
county auditor or municipal clerk shall record in the statewide registration system the
voter's name, address of residence in Minnesota, mailing address, Minnesota driver's
license or state identification number, or the last four digits of the voter's Social Security
number, if provided by the voter, that an absentee ballot has been transmitted to the voter,
the method of transmission, and the date of transmission.
new text end
new text begin
Upon receipt of a returned absentee ballot for a state primary or state general
election, the county auditor or municipal clerk shall record in the statewide voter
registration system that the voter has returned the ballot.
new text end
new text begin
Upon receipt of notice that the ballot board has accepted or rejected the absentee
ballot for a state primary or state general election, the county auditor or municipal clerk
shall record in the statewide voter registration system whether the ballot was accepted or
rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to
the voter, the county auditor or municipal clerk shall record this in the statewide voter
registration system.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 31.
Minnesota Statutes 2008, section 203B.07, subdivision 2, is amended to read:
Subd. 2.
Design of envelopes.
The return envelope shall be of sufficient size to
conveniently enclose and contain the ballot envelope and a folded voter registration
application. The return envelope shall be designed to open on the left-hand end. deleted text begin If the
voter was not previously registered,deleted text end The return envelope must be designed in one of
the following ways:
(1) it must be of sufficient size to contain an additional envelope that when sealed,
conceals the signature, identification, and other information; or
(2) it must provide an additional flap that when sealed, conceals the signature,
identification, and other information.
Election officials may open the flap or the additional envelope at any time after
receiving the returned ballot to inspect the returned certificate for completeness or to
ascertain other information.
Sec. 32.
Minnesota Statutes 2008, section 203B.07, subdivision 3, is amended to read:
Subd. 3.
Eligibility certificate.
A certificate of eligibility to vote by absentee ballot
shall be printed on the back of the return envelope. The certificate shall contain new text begin space for
the voter's Minnesota driver's license, state identification number, or the last four digits of
the voter's Social Security number or to indicate that they do not have one, and new text end a statement
to be signed and sworn by the voter indicating that the voter meets all of the requirements
established by law for voting by absentee ballotnew text begin , that the ballots were unmarked when
received by the voter, and that the voter personally marked the ballots without showing
how they were marked, or, if the voter was physically unable to mark them, that the voter
directed another individual to mark themnew text end . new text begin If the voter was not previously registered at that
address, new text end the certificate shall also contain new text begin space for new text end a statement signed by a person who
is deleted text begin registered to vote in Minnesota or by a notary public or other individual authorized to
administer oathsdeleted text end new text begin a United States citizen of voting age new text end stating thatdeleted text begin :deleted text end
deleted text begin
(1) the ballots were displayed to that individual unmarked;
deleted text end
deleted text begin
(2) the voter marked the ballots in that individual's presence without showing how
they were marked, or, if the voter was physically unable to mark them, that the voter
directed another individual to mark them; and
deleted text end
deleted text begin (3) if the voter was not previously registered,deleted text end the voter has provided proof of
residence as required by section 201.061, subdivision 3.
Sec. 33.
Minnesota Statutes 2008, section 203B.08, subdivision 2, is amended to read:
Subd. 2.
Address on return envelopes.
The county auditor or municipal clerk shall
address return envelopes to allow direct mailing of the absentee ballots todeleted text begin :deleted text end new text begin
new text end
deleted text begin (a)deleted text end the county auditor or municipal clerk who deleted text begin sent the ballots to the voter;deleted text end new text begin has the
responsibility to accept and reject the absentee ballots.
new text end
deleted text begin
(b) the clerk of the town or city in which the absent voter is eligible to vote; or
deleted text end
deleted text begin
(c) the appropriate election judges.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 34.
Minnesota Statutes 2008, section 203B.08, subdivision 3, is amended to read:
Subd. 3.
Procedures on receipt of ballots.
When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and date the return
envelope and place it in a secure location with other return envelopes received by that
office. new text begin Within five days after receipt, new text end the county auditor or municipal clerk shall deliver
to the deleted text begin appropriate election judges on election day all ballots received before or with the
last mail delivery by the United States Postal Service on election day. A town clerk may
request the United States Postal Service to deliver absentee ballots to the polling place
on election day instead of to the official address of the town clerkdeleted text end new text begin ballot board all ballots
received, except that during the 14 days immediately preceding an election, the county
auditor or municipal clerk shall deliver all ballots received to the ballot board within
three daysnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 35.
Minnesota Statutes 2008, section 203B.08, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Absentee ballot status. new text end
new text begin
The secretary of state must ensure that the
secretary of state's Web site is capable of providing voters with information about the
status of their absentee ballots. An individual requesting the status of the individual's
absentee ballot must provide the individual's name, address, date of birth, Minnesota
driver's license number, state identification number, or the last four digits of the
individual's Social Security number. If the information provided by the individual
completely matches an absentee voter record in the statewide voter registration system,
the Web site must provide the individual with the status of the individual's absentee ballot.
If the information provided by the individual does not completely match an absentee voter
record in the statewide voter registration system, the Web site must inform the individual
that a voter record with that name and date of birth at the address provided cannot be
confirmed and the Web site must advise the individual how to obtain further information.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the Web site has been tested and shown to properly retrieve information from
the correct voter's record, and can handle the expected volume of use.
new text end
Sec. 36.
Minnesota Statutes 2008, section 203B.081, is amended to read:
203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
An eligible voter may vote by absentee ballot during the 30 days before the electionnew text begin
up until the fourth day before the electionnew text end in the office of the county auditor and at any
other polling place designated by the county auditor.new text begin On the day before the election,
voters who had planned on voting in person in the polling place and only learned of
circumstances in the last four days that will prevent them from doing so may vote by
absentee ballot.new text end The county auditor shall make such designations at least 90 days before
the election. At least one voting booth in each polling place must be made available by the
county auditor for this purpose. The county auditor must also make available at least one
electronic ballot marker in each polling place that has implemented a voting system that is
accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.
Sec. 37.
Minnesota Statutes 2008, section 203B.085, is amended to read:
203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
The county auditor's office in each county and the clerk's office in each city or
town authorized under section 203B.05 to administer absentee balloting must be open for
acceptance of absentee ballot applications and casting of absentee ballots from 10:00 a.m.
to 3:00 p.m. on Saturday and until 5:00 p.m. on thenew text begin fourthnew text end day deleted text begin immediatelydeleted text end preceding a
primary, special, or general election unless that day falls on a Saturday or Sunday.new text begin On
the day before the election, the office must be open for acceptance of absentee ballot
applications and to allow a voter to cast an absentee ballot if the voter provides additional
certification stating that the voter had planned on voting in person at the polling place but
became aware of circumstances within the four days preceding the day before the election
that prevent the voter from voting in person at the polling place.new text end Town clerks' offices must
be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday before a town
general election held in March. The school district clerk, when performing the county
auditor's election duties, need not comply with this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 38.
Minnesota Statutes 2008, section 203B.11, subdivision 1, is amended to read:
Subdivision 1.
Generally.
Each full-time municipal clerk or school district
clerk who has authority under section 203B.05 to administer absentee new text begin and early new text end voting
laws shall designate election judges to deliver deleted text begin absenteedeleted text end ballots in accordance with this
section. The county auditor must also designate election judges to perform the duties in
this section. A ballot may be delivered only to an eligible voter who is a temporary or
permanent resident or patient in a health care facility or hospital located in the municipality
in which the voter maintains residence. The ballots shall be delivered by two election
judges, each of whom is affiliated with a different major political party. When the election
judges deliver or return ballots as provided in this section, they shall travel together in the
same vehicle. new text begin The election judges must bring a ballot box. new text end Both election judges shall be
present when an applicant deleted text begin completes the certificate of eligibilitydeleted text end new text begin signs the certification
required by section 204C.10, paragraph (b)new text end and marks the deleted text begin absenteedeleted text end ballots, and may assist
an applicant as provided in section 204C.15. new text begin Voters must insert their ballots into the
ballot box. new text end The election judges shall deleted text begin deposit the return envelopes containing the marked
absentee ballotsdeleted text end new text begin remove the ballots from the ballot box, place them new text end in a sealed container
and return them to the clerk on the same day that they are delivered and marked.
new text begin
Election judges may bring an electronic ballot counter to serve as the ballot box.
Election judges may bring an electronic ballot marker.
new text end
Sec. 39.
Minnesota Statutes 2008, section 203B.12, is amended to read:
203B.12 deleted text begin ELECTION JUDGES TO RECEIVE AND COUNT BALLOTSdeleted text end new text begin
BALLOT BOARDSnew text end .
Subdivision 1.
deleted text begin Receipt of return envelopesdeleted text end new text begin Establishmentnew text end .
deleted text begin The election judges
in each precinct or the judges of an absentee ballot board shall take possession of all
return envelopes delivered to them in accordance with section 203B.08.deleted text end new text begin The governing
body of a county, municipality, or school district authorized to accept and reject absentee
ballots must, by ordinance or resolution, authorize a ballot board. The board must consist
of a sufficient number of election judges appointed as provided in sections 204B.19 to
204B.22. The board may consist of staff trained as election judges, in which case, the
board is exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party
balance in appointment of judges and to duties to be performed by judges of different
major political parties.new text end
new text begin Subd. 1a. new text end
new text begin Compensation of members. new text end
new text begin
Each jurisdiction must pay a reasonable
compensation to each member of the ballot board for that jurisdiction for services
rendered during each election.
new text end
new text begin Subd. 1b. new text end
new text begin Applicable laws. new text end
new text begin
Except as otherwise provided by this section, all of
the laws applicable to absentee ballots and absentee voters and all other provisions of the
Minnesota election law apply to a ballot board.
new text end
new text begin Subd. 1c. new text end
new text begin Receipt of return envelopes. new text end
new text begin
The members of the ballot board shall take
possession of all return envelopes delivered to them in accordance with section 203B.08.
new text end
Subd. 2.
Examination of return envelopes.
new text begin Upon receipt from the county auditor,
municipal clerk, or school district clerk, new text end two or more deleted text begin election judgesdeleted text end new text begin members of the ballot
board new text end shall examine each return envelope and shall mark it accepted or rejected in the
manner provided in this subdivision. deleted text begin If a ballot has been prepared under section 204B.12,
subdivision 2a, or 204B.41, the election judges shall not begin removing ballot envelopes
from the return envelopes until 8:00 p.m. on election day, either in the polling place or at
an absentee ballot board established under section 203B.13.
deleted text end
The deleted text begin election judgesdeleted text end new text begin members of the ballot board new text end shall mark the return envelope
"Accepted" and initial or sign the return envelope below the word "Accepted" if the
deleted text begin election judgesdeleted text end new text begin members of the ballot board new text end or a majority of them are satisfied that:
(1) the voter's name and address on the return envelope are the same as the
information provided on the absentee ballot application;
(2) the deleted text begin voter's signature on the return envelope is the genuine signature of the
individual who made the application for ballots and the certificate has been completed as
prescribed in the directions for casting an absentee ballot, except that if a person other than
the voter applied for the absentee ballot under applicable Minnesota Rules, the signature is
not required to matchdeleted text end new text begin voter signed the certification on the envelopenew text end ;
(3) new text begin the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as the number provided on the
voter's application for ballots. If the number does not match the number as submitted on
the application or if a number was not submitted on the application, the election judges
must make a reasonable effort to satisfy themselves through other information provided
by the applicant that the ballots were returned by the same person to whom the ballots
were transmitted;
new text end
new text begin (4) new text end the voter is registered and eligible to vote in the precinct or has included a
properly completed voter registration application in the return envelope; and
deleted text begin (4)deleted text end new text begin (5) new text end the voter has not already voted at that election, either in person or by absentee
ballot.
There is no other reason for rejecting an absentee ballot. In particular, failure to
place the ballot within the security envelope before placing it in the outer white envelope
is not a reason to reject an absentee ballot.
The return envelope from accepted ballots must be preserved and returned to the
county auditor.
If all or a majority of the deleted text begin election judgesdeleted text end new text begin members of the ballot board new text end examining
return envelopes find that an absent voter has failed to meet one of the requirements
prescribed in clauses (1) to deleted text begin (4)deleted text end new text begin (5)new text end , they shall mark the return envelope "Rejected," initial
or sign it below the word "Rejected," and return it to the county auditor.
Subd. 3.
Notation on polling place roster.
new text begin (a) new text end If the return envelope is marked with
the word "Accepted," the election judges shall record the fact that the voter has voted by
absentee ballot deleted text begin on the polling place roster. This must be done by placing the letters "A.B."deleted text end
in the appropriate space on the rosternew text begin or in a supplemental report provided to the precinct.
In state primaries and state general elections, this fact must be noted in the statewide
voter registration systemnew text end .
new text begin (b) new text end After a registration record has been marked to record that an individual has voted
by absentee ballot, the individual shall not be allowed to vote in person at that election.
new text begin Subd. 3a. new text end
new text begin Rejected ballots. new text end
new text begin
If an envelope has been rejected at least five days before
the election, the envelope must remain sealed and the official in charge of the ballot board
shall provide the voter with a replacement absentee ballot and return envelope in place of
the rejected ballot. The official in charge of the election need not write "Replacement"
on the replacement ballot.
new text end
new text begin
If the ballot is rejected within five days before the election, the envelope must
remain sealed and the official in charge of the ballot board must attempt to contact the
voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
The official must document the attempts made to contact the voter.
new text end
Subd. 4.
deleted text begin Placement in container;deleted text end Opening deleted text begin and countingdeleted text end of ballots.
The deleted text begin ballot
envelopesdeleted text end new text begin ballots new text end from return envelopes marked "Accepted" shall be deleted text begin placed by the election
judges in a separate absentee ballot container. The container and each ballot envelope may
be opened only after the last regular mail delivery by the United States postal service
on election day. The ballots shall then bedeleted text end new text begin opened, duplicated as needed in the manner
provided by section 206.86, subdivision 5, new text end initialed by the deleted text begin election judges in the same
manner as ballots delivered by them to voters in persondeleted text end new text begin members of the ballot board, new text end and
deleted text begin shall bedeleted text end deposited in the appropriate ballot box.
If more than one ballot of any kind is enclosed in the ballot envelope, none of the
ballots of that kind shall be counted but all ballots of that kind shall be returned in the
manner provided by section 204C.25 for return of spoiled ballots.
new text begin Subd. 4a. new text end
new text begin Storage and counting of ballots. new text end
new text begin
The ballot board must:
new text end
new text begin
(1) remove the ballots from the ballot box and seal and secure them at the end of
each day on which absentee ballots were inserted into the ballot box;
new text end
new text begin
(2) without inspecting the ballots, ensure that the number of ballots removed from
the ballot box is equal to the number of absentee ballots accepted that day;
new text end
new text begin
(3) before the polls open on election day, mark the rosters or provide to the precinct
a supplemental report of voters whose absentee ballot was accepted after the polling
place rosters were generated; and
new text end
new text begin
(4) verify that voters whose absentee ballots arrived after the rosters were marked
or the supplemental report was generated have not voted in person, before opening,
duplicating as needed, and inserting these ballots into the ballot box.
new text end
new text begin
After the polls have closed, the ballot board must count the ballots, tabulating the
vote in a manner that indicates each vote of the voter and the total votes cast for each
candidate or question. In state primary and state general elections, the results must
indicate the total votes cast for each candidate or question in each precinct and report the
vote totals tabulated for each precinct. The count is public. No vote totals from ballots
may be made public before the close of voting on election day.
new text end
new text begin
In state primary and state general elections, these vote totals must be added to the
vote totals on the summary statements of the returns for the appropriate precinct. In other
elections, these vote totals may be added to the vote totals on the summary statement of
returns for the appropriate precinct or may be reported as a separate total.
new text end
new text begin
If the task has not been completed previously, members of the ballot board must
verify within 48 hours after election day that voters whose absentee ballots arrived after
the rosters were marked or supplemental reports were generated and whose ballots were
accepted did not vote in person on election day, before the members of the ballot board
open the ballot envelopes, duplicate the ballots as needed, insert the ballots into the ballot
box, count the ballots, and add the votes from these totals to the votes from the appropriate
precincts.
new text end
deleted text begin Subd. 6. deleted text end
deleted text begin
Exception for municipalities or school districts with absentee ballot
boards.
deleted text end
deleted text begin
In municipalities or school districts with an absentee ballot board, the election
judges in each precinct shall receive and process return envelopes and ballot envelopes as
provided in this section except that the ballot envelopes from return envelopes marked
"Accepted" shall be delivered in an absentee ballot container to the absentee ballot board
for the counting of ballots as soon as possible after processing. Other law to the contrary
notwithstanding, the governing body of a municipality or the school board of a school
district with an absentee ballot precinct may authorize the judges of the absentee ballot
precinct to validate ballots in the manner provided in this section. The vote totals provided
by the absentee ballot board shall be included in the vote totals on the summary statements
of the returns for the precinct in which they were received.
deleted text end
Subd. 7.
Names of persons submitting absentee ballots.
The names of voters who
have submitted an absentee ballot return envelope to the county auditor or municipal
clerk new text begin that has not been accepted by a ballot board new text end may not be made available for public
inspection until the close of voting on election day.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 40.
Minnesota Statutes 2008, section 203B.125, is amended to read:
203B.125 SECRETARY OF STATE TO MAKE RULES.
The secretary of state shall adopt rules establishing methods and procedures for
issuing deleted text begin ballot cardsdeleted text end new text begin ballotsnew text end and related absentee forms to be used as provided in section
203B.08, subdivision 1a, and for the reconciliation of voters and deleted text begin ballot cardsdeleted text end new text begin ballotsnew text end
before tabulation under section 203B.12.
Sec. 41.
Minnesota Statutes 2008, section 203B.16, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Permanentdeleted text end new text begin Indefinite new text end residence outside United States.
Sections 203B.16
to 203B.27 provide the exclusive voting procedure for new text begin a person who is a new text end United States
deleted text begin citizens who aredeleted text end new text begin citizen new text end living deleted text begin permanentlydeleted text end new text begin indefinitelynew text end outside the territorial limits of the
United States who deleted text begin meetdeleted text end new text begin meets new text end all the qualifications of an eligible voter except residence in
Minnesota, but who deleted text begin aredeleted text end new text begin is new text end authorized by federal law to vote in Minnesota because deleted text begin theydeleted text end new text begin
the person new text end maintained residence in Minnesota for at least 20 days immediately prior to
their departure from the United States. Individuals described in this subdivision shall be
permitted to vote only for the offices of president, vice-president, senator in Congress,
and representative in Congress.
Sec. 42.
Minnesota Statutes 2008, section 203B.17, subdivision 1, is amended to read:
Subdivision 1.
Submission of application.
(a) An application for absentee ballots
for a voter described in section 203B.16 may be submitted in writing or by electronic
facsimile device, or by electronic mail deleted text begin upon determination by the secretary of state that
security concerns have been adequately addresseddeleted text end new text begin as an attachmentnew text end . An application for
absentee ballots for a voter described in section 203B.16 may be submitted by that voter
or by that voter's parent, spouse, sister, brother, or child over the age of 18 years. deleted text begin For
purposes of an application under this subdivision, a person's Social Security number, no
matter how it is designated, qualifies as the person's military identification number if the
person is in the military.deleted text end
(b) An application for a voter described in section 203B.16, subdivision 1, shall be
submitted to the county auditor of the county where the voter maintains residence.
(c) An application for a voter described in section 203B.16, subdivision 2, shall be
submitted to the county auditor of the county where the voter last maintained residence
in Minnesota.
(d) An application for absentee ballots shall be valid for any primary, special
primary, general election, or special election from the time the application is received
through the next two regularly scheduled general elections for federal office held after the
date on which the application is received.
(e) There shall be no limitation of time for filing and receiving applications for
ballots under sections 203B.16 to 203B.27.
Sec. 43.
Minnesota Statutes 2008, section 203B.19, is amended to read:
203B.19 RECORDING APPLICATIONS.
Upon accepting an application, the county auditor shall record in the statewide
registration system the voter's name, address of present or former residence in Minnesota,
mailing address, school district number, passport number, Minnesota driver's license
number or state identification card number, or the last four digits of the voter's Social
Security number, and whether the voter is in the military or the spouse or dependent of an
individual serving in the military, is a voter temporarily outside the territorial limits of the
United States, or is living permanently outside the territorial limits of the United States
and voting under federal law. The county auditor shall retain the record for six years. A
voter whose name is recorded as provided in this section shall not be required to register
under any other provision of law in order to vote under sections 203B.16 to 203B.27.
Persons from whom applications are not accepted must be notified by the county auditor
and provided with the reasons for the rejection.
No later than 60 days after the general election, the county auditor shall report to the
secretary of state the combined number of absentee ballots transmitted to deleted text begin absent voters
described in section 203B.16. No later than 60 days after the general election, the county
auditor shall report to the secretary of statedeleted text end new text begin andnew text end the combined number of absentee ballots
returned and cast by absent voters described in section 203B.16. The secretary of state
may require the information be reported by category under section 203B.16 or by precinct.
No later than 90 days after the general election, the secretary of state shall report to
the federal Election Assistance Commission the number of absentee ballots transmitted
to voters under section 203B.16.
Sec. 44.
Minnesota Statutes 2008, section 203B.21, subdivision 2, is amended to read:
Subd. 2.
Mailing of ballots; return.
new text begin Except as provided by section 203B.225,
new text end ballots and instructions for marking them, ballot envelopes, and return envelopes shall
be sent by first class mail to addresses within the continental United States and by air
mail to addresses outside the continental United States. The ballot envelope and return
envelope shall be marked "Official Ballot," and shall contain sufficient postage to assure
proper return delivery. The return envelope shall be addressed to comply with any method
for return of absentee ballots as authorized under section 203B.08, subdivision 2. deleted text begin The
requirements of this subdivision do not apply to ballots and related materials provided
under section 203B.225.deleted text end
Sec. 45.
Minnesota Statutes 2008, section 203B.22, is amended to read:
203B.22 deleted text begin MAILINGdeleted text end new text begin TRANSMITTINGnew text end BALLOTS.
The county auditor shall deleted text begin maildeleted text end new text begin transmitnew text end the appropriate ballots, as promptly as
possible, to an absent voter whose application has been recorded under section 203B.19.
If the county auditor determines that a voter is not eligible to vote at the primary but
will be eligible to vote at the general election, only general election ballots shall be
deleted text begin maileddeleted text end new text begin transmittednew text end . Only one set of ballots shall be deleted text begin maileddeleted text end new text begin transmittednew text end to any applicant
for any election, except that the county auditor may deleted text begin maildeleted text end new text begin transmitnew text end a replacement ballot
to a voter whose ballot has been spoiled or lost in transit or whose mailing address has
changed after the date on which the original application was submitted as confirmed by
the county auditor. Ballots to be sent outside the United States shall be given priority in
deleted text begin mailingdeleted text end new text begin transmissionnew text end . A county auditor may make use of any special service provided
by the United States government for the deleted text begin mailingdeleted text end new text begin transmissionnew text end of voting materials under
sections 203B.16 to 203B.27.
Sec. 46.
Minnesota Statutes 2008, section 203B.225, subdivision 1, is amended to read:
Subdivision 1.
Transmitting ballot and certificate of voter eligibility.
A voter
described in section 203B.16 may include in an application for absentee ballots a request
that the ballots, instructions, and a certificate of voter eligibility meeting the requirements
of section 203B.21, subdivision 3, be transmitted to the voter electronically. Upon receipt
of a properly completed application requesting electronic transmission, the county auditor
shall electronically transmit the requested materials to the voter. new text begin The county auditor is not
required to provide return postage to voters to whom ballots are transmitted electronically.
new text end
Sec. 47.
Minnesota Statutes 2008, section 203B.227, is amended to read:
203B.227 WRITE-IN ABSENTEE BALLOT.
A voter described in section 203B.16, subdivision 1, may use deleted text begin a state write-in
absentee ballot ordeleted text end the federal write-in absentee ballot to vote in any federal, state, or local
election. In a state or local election, a vote for a political party without specifying the
name of a candidate must not be counted.
Sec. 48.
Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:
Subd. 2.
Duties.
The absentee ballot board must examine all returned absentee
ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject
the absentee ballots in the manner provided in section 203B.24. If the certificate of voter
eligibility is not printed on the return or administrative envelope, the certificate must
be attached to the ballot secrecy envelope.
The absentee ballot board must immediately examine the return envelopes and mark
them "accepted" or "rejected" during the 30 days before the election. If an envelope has
been rejected at least five days before the election, the ballots in the envelope must be
considered spoiled ballots and the official in charge of the absentee ballot board must
provide the voter with a replacement absentee ballot and return envelope in place of
the spoiled ballot.
new text begin
Except for federal write-in absentee ballots, the ballots from return envelopes
marked "Accepted" must be opened, duplicated as needed in the manner provided by
section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited
in the appropriate ballot box.
new text end
new text begin
Federal write-in absentee ballots marked "Accepted" must be opened, duplicated as
needed in the manner provided by section 206.86, subdivision 5, initialed by the members
of the ballot board, and deposited in the appropriate ballot box after 5:00 p.m. on the
fourth day before the election, unless the voter has submitted another absentee ballot with
a later postmark that has been accepted by the board.
new text end
new text begin
In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.
new text end
new text begin
No vote totals from absentee ballots may be made public before the close of voting
on election day.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 49.
Minnesota Statutes 2008, section 203B.24, subdivision 1, is amended to read:
Subdivision 1.
Check of voter eligibility; proper execution of certificate.
Upon
receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the
deleted text begin election judgesdeleted text end new text begin members of the ballot board new text end shall compare the voter's name with the
names recorded under section 203B.19 in the statewide registration system to insure that
the ballot is from a voter eligible to cast an absentee ballot under sections 203B.16 to
203B.27. The deleted text begin election judgesdeleted text end new text begin members of the ballot board new text end shall mark the return envelope
"Accepted" and initial or sign the return envelope below the word "Accepted" if the
deleted text begin election judgesdeleted text end new text begin members of the ballot board new text end are satisfied that:
(1) the voter's name on the return envelope appears in substantially the same form as
on the application records provided to the election judges by the county auditor;
(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
the Help America Vote Act, Public Law 107-252;
(3) the voter has set forth the same voter's passport number, or Minnesota driver's
license or state identification card number, or the last four digits of the voter's Social
Security number as submitted on the application, if the voter has one of these documents;
deleted text begin anddeleted text end
(4) new text begin the voter is not known to have died; and
new text end
new text begin (5) new text end the voter has not already voted at that election, either in person or by absentee
ballot.
If the identification number described in clause (3) does not match the number
as submitted on the application, the deleted text begin election judgesdeleted text end new text begin members of the ballot board new text end must
make a reasonable effort to satisfy themselves through other information provided by the
applicant, or by an individual authorized to apply on behalf of the voter, that the ballots
were returned by the same person to whom the ballots were transmitted.
An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be
rejected for the lack of one of clauses (1) to deleted text begin (4)deleted text end new text begin (5)new text end . In particular, failure to place the
ballot within the security envelope before placing it in the outer white envelope is not a
reason to reject an absentee ballot.
deleted text begin Election judgesdeleted text end new text begin Members of the ballot board new text end must note the reason for rejection on
the back of the envelope in the space provided for that purpose.
Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
shall not be counted if the certificate on the return envelope is not properly executed. In
all other respects the provisions of the Minnesota Election Law governing deposit and
counting of ballots shall apply.new text begin Notwithstanding other provisions of this section, the
counting of the absentee ballot of a deceased voter does not invalidate the election.new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 50.
Minnesota Statutes 2008, section 203B.26, is amended to read:
203B.26 SEPARATE RECORD.
A separate record of the ballots of absent voters cast under sections 203B.16 to
203B.27 must be generated from the statewide registration system for each precinct
and deleted text begin provided to the election judges in the polling place on election day, along with the
returned envelopes marked "accepted" by the absentee ballot board. The content of the
record must be in a form prescribed by the secretary of state. The election judges in the
polling place must note on the record any envelopes that had been marked "accepted" by
the absentee ballot board but were not counted. The election judges must preserve the
record and return it to the county auditor or municipal clerk with the election daydeleted text end new text begin retained
with the other election new text end materials.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 51.
new text begin
[203B.30] EARLY VOTING.
new text end
new text begin
(a) Except as provided in paragraph (b), any eligible voter may vote in person before
election day in the manner provided in sections 203B.31 to 203B.35.
new text end
new text begin
(b) Until January 1, 2014, this section does not apply to a town or school district
election that is not held in conjunction with a statewide primary or statewide election.
new text end
Sec. 52.
new text begin
[203B.31] TIME PERIOD FOR EARLY VOTING.
new text end
new text begin
Early voting must be available to any eligible voter as provided in section 203B.32
for every primary, general, and special election from 18 days before the election through
the fourth day before the election.
new text end
Sec. 53.
new text begin
[203B.32] HOURS FOR EARLY VOTING.
new text end
new text begin
Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on
each weekday during the time period provided in section 203B.31; from 8:00 a.m. to 8:00
p.m. on at least one of those days; and from 8:00 a.m. to noon on at least one Saturday.
new text end
Sec. 54.
new text begin
[203B.33] LOCATIONS FOR EARLY VOTING.
new text end
new text begin
(a) Early voting must be made available at a polling place designated in the county
auditor's office, at the municipal clerk's office in every municipality that has been
delegated the responsibility to administer absentee voting as provided in section 203B.05,
and at any other location designated by the county auditor or municipal clerk at least 90
days before the election. At least one voting station and one ballot marking device for
disabled voters must be made available in each polling place.
new text end
new text begin
(b) The county auditor must make at least one ballot box available in each polling
place. As soon as practicable following the public accuracy test, the county auditor must
make an electronic ballot counter available.
new text end
Sec. 55.
new text begin
[203B.34] NOTICE TO VOTERS.
new text end
new text begin
The county auditor must prepare a notice to the voters of the days, times, and
locations for early voting. This notice must be posted on the county's Web site and the
Web site for each municipality in the county where an early voting location is designated
for the election at least 14 days before the first day for early voting.
new text end
Sec. 56.
new text begin
[203B.35] PROCEDURES FOR EARLY VOTING.
new text end
new text begin Subdivision 1. new text end
new text begin Voting procedure. new text end
new text begin
Each voter shall sign an early voting roster that
must include the certification provided in section 204C.10. An individual who is not
registered to vote must register in the manner provided in section 201.061, subdivision 3.
After the voter has signed a roster, two staff of the county auditor or municipal clerk or
two election judges must initial the appropriate ballot for the voter's precinct and provide
it to the voter. The voter must mark the ballot and deposit it in either a precinct voting
system or a sealed ballot box. A voter may not leave the polling place with the ballot.
new text end
new text begin Subd. 2. new text end
new text begin Record of voting. new text end
new text begin
(a) The county auditor or municipal clerk must
immediately record that a voter has voted early on the voter's record in the statewide voter
registration system. After a voter's record has been marked to record that an individual
has voted early, the individual must not be allowed to vote again at that election. Voters
who are not preregistered at the voter's current address must be considered election day
registrants.
new text end
new text begin
(b) The early voting rosters must be marked no later than the start of voting on
election day to indicate the voters who have cast a ballot at an early voting location.
The rosters may be marked either:
new text end
new text begin
(1) by the municipal clerk before election day;
new text end
new text begin
(2) by the absentee ballot board before election day; or
new text end
new text begin
(3) by the election judges at the polling place on election day.
new text end
new text begin
(c) A voter who has cast a ballot in person by early voting and deposited it in a ballot
box or ballot counter must not be permitted to vote at the polling place on election day.
An absentee ballot received from a voter who has cast a ballot in person by early voting
must be rejected by the election judges.
new text end
new text begin Subd. 3. new text end
new text begin Storage and counting of ballots. new text end
new text begin
Two staff of the county auditor or
municipal clerk or two election judges of different major political parties must:
new text end
new text begin
(1) remove the ballots from the ballot box and seal and secure them at the end of
each day on which early ballots were inserted into the ballot box; and
new text end
new text begin
(2) without inspecting the ballots, ensure that the number of ballots removed from
the ballot box is equal to the number of voters who voted early.
new text end
new text begin
After the polls have closed on election day, two staff of the county auditor or two
election judges of different major political parties must count the early ballots, tabulating
the vote in a manner that indicates each vote of the voter and the total votes cast for
each candidate or question. In state primary and state general elections, the results must
indicate the total votes cast for each candidate or question in each precinct and report the
vote totals tabulated for each precinct. The count is public. No vote totals from early
ballots may be made public before the close of voting on election day.
new text end
Sec. 57.
Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read:
Subd. 2.
Candidates seeking nomination by primary.
No individual who
seeks nomination for any partisan or nonpartisan office at a primary shall be nominated
for the same office by nominating petitiondeleted text begin , except as otherwise provided for partisan
offices in section 204D.10, subdivision 2, and for nonpartisan offices in section 204B.13,
subdivision 4deleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 58.
Minnesota Statutes 2008, section 204B.04, subdivision 3, is amended to read:
Subd. 3.
Nomination for nonpartisan office.
No individual shall be nominated
by nominating petition for any nonpartisan office deleted text begin except in the event of a vacancy in
nomination as provided in section 204B.13deleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 59.
Minnesota Statutes 2008, section 204B.06, is amended by adding a
subdivision to read:
new text begin Subd. 1b. new text end
new text begin Address and telephone number. new text end
new text begin
(a) Except as provided in paragraph
(d), an affidavit of candidacy must state the candidate's residence address and a telephone
number where the candidate can be contacted. The form for the affidavit of candidacy and
for the separate affidavit required under paragraph (c) must allow the candidate to specify
that the candidate's address must be classified as private data.
new text end
new text begin
(b) For an office whose residency requirement must be satisfied by the close of the
filing period, a registered voter in this state may request in writing that the filing officer
receiving the affidavit of candidacy review the address as provided in this paragraph, at
any time up to one day after the last day for filing for office. If requested, the filing officer
must determine whether the address provided in the affidavit of candidacy is within the
area represented by the office the candidate is seeking. If the filing officer determines
that the address is not within the area represented by the office, the filing officer must
immediately notify the candidate and the candidate's name must be removed from the
ballot for that office. A determination made by a filing officer under this paragraph is
subject to judicial review under section 204B.44.
new text end
new text begin
(c) For an office whose residency requirement may be satisfied as of a date after
filings close, a candidate who does not reside in the district at the time of filing must
submit a separate affidavit stating the candidate's residence address and a telephone
number where the candidate can be contacted. The affidavit must be submitted to the filing
officer by the deadline for meeting the residency requirement.
new text end
new text begin
(d) If the candidate specifies under paragraph (a) of this subdivision that the
candidate's residence address is to be classified as private data, the candidate shall instead
list the residence address on a separate sheet to be attached to the affidavit of candidacy
and that may be reviewed by the filing officer as provided in this subdivision, but the
residence address is otherwise classified as private data.
new text end
new text begin
(e) The requirements of this subdivision do not apply to affidavits of candidacy for a
candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.
new text end
Sec. 60.
Minnesota Statutes 2008, section 204B.07, subdivision 1, is amended to read:
Subdivision 1.
Form of petition.
A nominating petition may consist of one or more
separate pages each of which shall state:
(a) the office sought;
(b) the candidate's name and residence address, including street and number if
any; and
(c) the candidate's political party or political principle expressed in not more than
three words. No candidate who files for a partisan office by nominating petition shall use
the term "nonpartisan" as a statement of political principle or the name of the candidate's
political party. No part of the name of a major political party may be used to designate the
political party or principle of a candidate who files for a partisan office by nominating
petition, except that the word "independent" may be used to designate the party or
principle. deleted text begin A candidate who files by nominating petition to fill a vacancy in nomination for
a nonpartisan office pursuant to section 204B.13, shall not state any political principle or
the name of any political party on the petition.deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 61.
Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:
Subdivision 1.
Candidates in state and county general elections.
(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than deleted text begin 70deleted text end new text begin 84 new text end days nor less than deleted text begin 56deleted text end new text begin 70 new text end days before the state primary. The affidavit may
be prepared and signed at any time between 60 days before the filing period opens and
the last day of the filing period.
(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to administer oaths
under section 358.10.
(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions on or before
the state primary day pursuant to section 204B.07. deleted text begin Nominating petitions to fill vacancies
in nominations shall be filed as provided in section 204B.13.deleted text end No affidavit or petition shall
be accepted later than 5:00 p.m. on the last day for filing.
(d) Affidavits and petitions for county offices must be filed with the county auditor
of that county. Affidavits and petitions for federal offices must be filed with the secretary
of state. Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate resides.
(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
must be received by 5:00 p.m. on the last day for filing.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 62.
Minnesota Statutes 2008, section 204B.09, subdivision 3, is amended to read:
Subd. 3.
Write-in candidates.
(a) A candidate for county, state, or federal office
who wants write-in votes for the candidate to be counted must file a written request with
the filing office for the office sought no later than the seventh day before the general
election. The filing officer shall provide copies of the form to make the request.
(b) A candidate for president of the United States who files a request under this
subdivision must include the name of a candidate for vice-president of the United States.
The request must also include the name of at least one candidate for presidential elector.
The total number of names of candidates for presidential elector on the request may not
exceed the total number of electoral votes to be cast by Minnesota in the presidential
election.
(c) A candidate for governor who files a request under this subdivision must include
the name of a candidate for lieutenant governor.
new text begin
(d) A candidate who files a request under this subdivision must also pay the filing
fee for that office or submit a petition in place of a filing fee, as provided in section
204B.11. The fee for a candidate for president of the United States is equal to that of
the office of senator in Congress.
new text end
Sec. 63.
Minnesota Statutes 2008, section 204B.11, subdivision 2, is amended to read:
Subd. 2.
Petition in place of filing fee.
At the time of filing an affidavit of
candidacy, a candidate may present a petition in place of the filing fee. The petition may
be signed by any individual eligible to vote for the candidate. A nominating petition filed
pursuant to section 204B.07 deleted text begin or 204B.13, subdivision 4,deleted text end is effective as a petition in place of
a filing fee if the nominating petition includes a prominent statement informing the signers
of the petition that it will be used for that purpose.
The number of signatures on a petition in place of a filing fee shall be as follows:
(a) for a state office voted on statewide, or for president of the United States, or
United States senator, 2,000;
(b) for a congressional office, 1,000;
(c) for a county or legislative office, or for the office of district judge, 500; and
(d) for any other office which requires a filing fee as prescribed by law, municipal
charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
votes cast in the municipality, ward, or other election district at the preceding general
election at which that office was on the ballot.
An official with whom petitions are filed shall make sample forms for petitions in
place of filing fees available upon request.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 64.
Minnesota Statutes 2008, section 204B.13, subdivision 1, is amended to read:
Subdivision 1.
Death or withdrawal.
A vacancy in nomination may be filled in the
manner provided by this section. A vacancy in nomination exists when:
deleted text begin (a)deleted text end new text begin (1) new text end a major political party candidate deleted text begin or nonpartisan candidatedeleted text end who was nominated
at a primary dies deleted text begin or files an affidavit of withdrawal as provided in section 204B.12,
subdivision 2adeleted text end new text begin new text end new text begin before election daynew text end ; or
deleted text begin (b) a candidate for a nonpartisan office, for which one or two candidates filed, dies
or files an affidavit of withdrawal as provided in section 204B.12, subdivision 1.deleted text end new text begin (2) a
major political party candidate who was nominated at a primary or the candidate's legal
guardian files an affidavit of vacancy at least one day before the general election with the
same official who received the affidavit of candidacy that states that:
new text end
new text begin
(i) the candidate has a catastrophic illness that was diagnosed after the deadline
for withdrawal; and
new text end
new text begin
(ii) the candidate's illness will permanently and continuously incapacitate the
candidate and prevent the candidate from performing the duties of the office sought.
new text end
new text begin
The affidavit must be accompanied by a certificate verifying that the candidate's
illness meets the requirements of this clause, signed by at least two licensed physicians.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 65.
Minnesota Statutes 2008, section 204B.13, subdivision 2, is amended to read:
Subd. 2.
Partisan officedeleted text begin ; nomination by partydeleted text end .
(a) A vacancy in nomination deleted text begin for
partisan officedeleted text end shall deleted text begin be filled as provided in this subdivisiondeleted text end new text begin effectively remove that office
from the ballot. Votes cast at the general election for that office are invalid and the office
must be filled in a special election held in accordance with section 204D.17, except as
provided by this sectionnew text end .
new text begin
Except for the vacancy in nomination, all other candidates whose names would have
appeared on the general election ballot for this race must appear on the special election
ballot for this race. There must not be a primary to fill the vacancy in nomination.
new text end
A major political party has the authority to fill a vacancy in nomination of that
party's candidate by filing a nomination certificate with the same official who received
the affidavits of candidacy for that office.
(b) A major political party may provide in its governing rules a procedure, including
designation of an appropriate committee, to fill vacancies in nomination for all new text begin federal
and state new text end offices deleted text begin elected statewidedeleted text end . The nomination certificate shall be prepared under the
direction of and executed by the chair and secretary of the political party and filed within
deleted text begin sevendeleted text end new text begin 14new text end days after the vacancy in nomination occurs deleted text begin or before the 14th day before the
general election, whichever is sooner. If the vacancy in nomination occurs through the
candidate's death or catastrophic illness, the nomination certificate must be filed within
seven days after the vacancy in nomination occurs but no later than four days before
the general electiondeleted text end new text begin but no later than seven days after the general electionnew text end . The chair
and secretary when filing the certificate shall attach an affidavit stating that the newly
nominated candidate has been selected under the rules of the party and that the individuals
signing the certificate and making the affidavit are the chair and secretary of the party.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 66.
Minnesota Statutes 2008, section 204B.13, is amended by adding a
subdivision to read:
new text begin Subd. 7. new text end
new text begin Date of special election. new text end
new text begin
The special election must be held on the second
Tuesday in December.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 67.
Minnesota Statutes 2008, section 204B.13, is amended by adding a
subdivision to read:
new text begin Subd. 8. new text end
new text begin Absentee voters. new text end
new text begin
The county auditor shall transmit an absentee ballot for
the special election under this section to each applicant for an absentee ballot whose
application for an absentee ballot for the preceding general election was recorded under
section 203B.04 or 203B.17. If the vacancy in nomination is filled before the general
election, the county auditor shall transmit the ballot no earlier than the general election
and no later than five days after the general election. If the vacancy is filled after the
general election, the county auditor must transmit the ballot no later than five days after
the vacancy is filled.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 68.
Minnesota Statutes 2008, section 204B.13, is amended by adding a
subdivision to read:
new text begin Subd. 9. new text end
new text begin Appropriation. new text end
new text begin
The secretary of state shall reimburse the counties and
municipalities for expenses incurred in the administration of a special election held under
section 204B.13, subdivision 2. The following expenses are eligible for reimbursement:
preparation and printing of ballots; postage for absentee ballots; publication of the
sample ballot; preparation of polling places; preparation of electronic voting equipment;
compensation for temporary staff or overtime payments; salaries of election judges; and
compensation of county canvassing board members.
new text end
new text begin
Within 60 days after the special election, the county auditor and municipal clerk
shall submit to the secretary of state a request for payment accompanied by an itemized
description of actual costs incurred for the special election. The secretary of state must not
reimburse expenses unless the request for reimbursement has been submitted as required
by this subdivision. The secretary of state shall complete the issuance of reimbursements
to the counties and municipalities no later than 90 days after the special election.
new text end
new text begin
When a special election is held under section 204B.13, subdivision 2, the secretary
of state shall reimburse local election officials for costs incurred as provided in this
subdivision. The amount necessary to make the payments under this subdivision is
appropriated to the secretary of state from the general fund. No payment shall be made
under this section until the secretary of state has given the commissioner of finance an
estimate of the cost of the special election, the commissioner of finance has reported the
estimate to the chairs and ranking minority members of the Committee on Finance of the
senate and the Committee on Ways and Means of the house of representatives, and the
commissioner of finance has approved the payment. After all reimbursements have been
paid, the commissioner of finance shall report the actual cost to the chairs and ranking
minority members of the Committee on Finance of the senate and the Committee on Ways
and Means of the house of representatives.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 69.
Minnesota Statutes 2008, section 204B.135, subdivision 1, is amended to read:
Subdivision 1.
Cities with wards.
new text begin Except as provided in this subdivision, new text end a city that
elects its council members by wards may not redistrict those wards before the legislature
has been redistricted in a year ending in one or two. The wards must be redistricted within
60 days after the legislature has been redistricted or at least 19 weeks before the state
primary election in the year ending in two, whichever is first.
new text begin
In a city electing council members by wards in a year ending in one, if the legislature
has not been redistricted by June 1 of that year, the ward boundaries must be reestablished
no later than 14 days before the first day to file affidavits of candidacy for city council
members. The ward boundaries may be modified after the legislature has been redistricted
for the purpose of establishing precinct boundaries as provided in section 204B.14,
subdivision 3, but no modification in ward boundaries may result in a change of the
population of any ward of more than five percent, plus or minus.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 70.
Minnesota Statutes 2008, section 204B.135, subdivision 3, is amended to read:
Subd. 3.
Voters rights.
(a) An eligible voter may apply to the district court for
either a writ of mandamus requiring the redistricting of wards or local government election
districts or to revise any plan adopted by the governing body responsible for redistricting
of wards or local government election districts.
(b) If a city adopts a ward redistricting plan at least 19 weeks before the primary in a
year ending in two, an application for revision of the plan that seeks to affect elections
held in the year ending in two must be filed with the district court within three weeks
but no later than 18 weeks before the state primary election in the year ending in two,
notwithstanding any charter provision. If a city adopts a ward redistricting plan less than
19 weeksnew text begin before either the municipal primary in a year ending in one ornew text end before the state
primary in a year ending in two, an application for revision of the plan that seeks to affect
elections held in deleted text begin thedeleted text end new text begin thatnew text end year deleted text begin ending in twodeleted text end must be filed with the district court no later
than one week after the plan has been adopted, notwithstanding any charter provision.
(c) If a plan for redistricting of a local government election district is adopted at least
15 weeks before the state primary election in a year ending in two, an application for
revision of the plan that seeks to affect elections held in the year ending in two must be
filed with the district court within three weeks but no later than 14 weeks before the state
primary election in the year ending in two. If a plan for redistricting of a local government
election district is adopted less than 15 weeks before the state primary election in a year
ending in two, an application for revision of the plan that seeks to affect elections held
in the year ending in two must be filed with the district court no later than one week
after the plan has been adopted.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 71.
Minnesota Statutes 2008, section 204B.135, subdivision 4, is amended to read:
Subd. 4.
Special elections; limitations.
No municipality or school district may
conduct a special election during the 19 weeks before the state primary election in the year
ending in twodeleted text begin , except for special elections conducted on the date of the school district
general electiondeleted text end . A school district special election required by any other law may be
deferred until the date of the next school district general election, the state primary
election, or the state general election.
Sec. 72.
Minnesota Statutes 2008, section 204B.14, subdivision 2, is amended to read:
Subd. 2.
Separate precincts; combined polling place.
(a) The following shall
constitute at least one election precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling place may be established no later than
June 1 of deleted text begin anydeleted text end new text begin an odd-numberednew text end yearnew text begin and no later than 14 weeks before the state primary in
an even-numbered yearnew text end :
(1) for any city of the third or fourth class, any town, or any city having territory in
more than one county, in which all the voters of the city or town shall cast their ballots;
(2) for two contiguous precincts in the same municipality that have a combined
total of fewer than 500 registered voters;
(3) for up to four contiguous municipalities located entirely outside the metropolitan
area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
(4) for noncontiguous precincts located in one or more counties.
A copy of the ordinance or resolution establishing a combined polling place must
be filed with the county auditor within 30 days after approval by the governing body. A
polling place combined under clause (3) must be approved by the governing body of each
participating municipality. A polling place combined under clause (4) must be approved
by the governing body of each participating municipality and the secretary of state and
may be located outside any of the noncontiguous precincts. A municipality withdrawing
from participation in a combined polling place must do so by filing a resolution of
withdrawal with the county auditor no later than May 1 of deleted text begin anydeleted text end new text begin an odd-numberednew text end yearnew text begin and
no later than 18 weeks before the state primary in an even-numbered yearnew text end .
The secretary of state shall provide a separate polling place roster for each precinct
served by the combined polling place. A single set of election judges may be appointed
to serve at a combined polling place. The number of election judges required must be
based on the total number of persons voting at the last similar election in all precincts to
be voting at the combined polling place. Separate ballot boxes must be provided for the
ballots from each precinct. The results of the election must be reported separately for each
precinct served by the combined polling place, except in a polling place established under
clause (2) where one of the precincts has fewer than ten registered voters, in which case the
results of that precinct must be reported in the manner specified by the secretary of state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 73.
Minnesota Statutes 2008, section 204B.14, subdivision 3, is amended to read:
Subd. 3.
Boundary changes; prohibitions; exception.
Notwithstanding other
law or charter provisions to the contrary, during the period from January 1 in any year
ending in zero to the time when the legislature has been redistricted in a year ending in
one or two, no changes may be made in the boundaries of any election precinct except
as provided in this subdivision.
(a) If a city annexes an unincorporated area located in the same county as the city
and adjacent to the corporate boundary, the annexed area may be included in an election
precinct immediately adjacent to it.
(b) A municipality or county may establish new election precincts lying entirely
within the boundaries of any existing precinct and shall assign names to the new precincts
which include the name of the former precinct.
(c) new text begin Precinct boundaries in a city electing council members by wards may be
reestablished within 14 days after the adoption of ward boundaries in a year ending in one,
as provided in section 204B.135, subdivision 1.
new text end
new text begin (d) new text end Precinct boundaries must be reestablished within 60 days of the time when the
legislature has been redistricted, or at least 19 weeks before the state primary election
in a year ending in two, whichever comes first. The adoption of reestablished precinct
boundaries becomes effective on the date of the state primary election in the year ending
in two.
Precincts must be arranged so that no precinct lies in more than one legislative
or congressional district.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 74.
Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:
Subd. 4.
new text begin Administrative new text end boundary change procedure.
Any change in the
boundary of an election precinct deleted text begin shalldeleted text end new text begin must new text end be adopted at least deleted text begin 90deleted text end new text begin 60new text end days before the date
of the next election and, for the state primary and general election, no later than deleted text begin June 1deleted text end new text begin
14 weeks before the state primarynew text end in the year of the state general election. The precinct
boundary change shall not take effect until notice of the change has been posted in the
office of the municipal clerk or county auditor for at least deleted text begin 60deleted text end new text begin 42 new text end days.
The county auditor must publish a notice illustrating or describing the congressional,
legislative, and county commissioner district boundaries in the county in one or more
qualified newspapers in the county at least 14 days prior to the first day to file affidavits of
candidacy for the state general election in the year ending in two.
Alternate dates for adopting changes in precinct boundaries, posting notices
of boundary changes, and notifying voters affected by boundary changes pursuant
to this subdivision, and procedures for coordinating precinct boundary changes with
reestablishing local government election district boundaries may be established in the
manner provided in the rules of the secretary of state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 75.
Minnesota Statutes 2008, section 204B.14, is amended by adding a
subdivision to read:
new text begin Subd. 4a. new text end
new text begin Municipal boundary adjustment procedure. new text end
new text begin
A change in the boundary
of an election precinct that has occurred as a result of a municipal boundary adjustment
made under chapter 414 that is effective more than 21 days before a regularly scheduled
election takes effect at the scheduled election.
new text end
new text begin
A change in the boundary of an election precinct that has occurred as a result of a
municipal boundary adjustment made under chapter 414 that is effective less than 21 days
before a regularly scheduled election takes effect the day after the scheduled election.
new text end
Sec. 76.
Minnesota Statutes 2008, section 204B.16, subdivision 1, is amended to read:
Subdivision 1.
Authority; location.
The governing body of each municipality and
of each county with precincts in unorganized territory shall designate by ordinance or
resolution a polling place for each election precinct. Polling places must be designated and
ballots must be distributed so that no one is required to go to more than one polling place
to vote in a school district and municipal election held on the same day. The polling place
for a precinct in a city deleted text begin or in a school district located in whole or in part in the metropolitan
area defined by section 200.02, subdivision 24,deleted text end shall be located within the boundaries of
the precinct or within one mile of one of those boundaries unless a single polling place
is designated for a city pursuant to section 204B.14, subdivision 2, or a school district
pursuant to section 205A.11. The polling place for a precinct in unorganized territory may
be located outside the precinct at a place which is convenient to the voters of the precinct.
If no suitable place is available within a town or within a school district located outside
the metropolitan area defined by section 200.02, subdivision 24, then the polling place for
a town or school district may be located outside the town or school district within five
miles of one of the boundaries of the town or school district.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2010.
new text end
Sec. 77.
Minnesota Statutes 2008, section 204B.18, is amended to read:
204B.18 POLLING PLACES; EQUIPMENT.
Subdivision 1.
Booths; voting stations.
Each polling place must contain a number
of voting booths or voting stations in proportion to the number of individuals eligible
to vote in the precinct. Each booth or station must be at least six feet high, three feet
deep and two feet wide with a shelf at least two feet long and one foot wide placed
at a convenient height for writing. The booth or station shall permit the voter to vote
privately and independently. Each polling place must have at least one accessible voting
booth or other accessible voting station and beginning with federal and state elections
held after December 31, 2005, and county, municipal, and school district elections held
after December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of
the Help America Vote Act, Public Law 107-252. new text begin Local officials must make accessible
voting stations purchased with money provided from the Help America Vote Act account
available to other local jurisdictions holding stand-alone elections. Local officials
who purchased the equipment may charge the other local jurisdictions for the costs of
programming the equipment, as well as a prorated cost of maintenance on the equipment.
Any money received for use of the accessible voting equipment must be treated as
program income and deposited into the jurisdiction's Help America Vote Act account. new text end All
booths or stations must be constructed so that a voter is free from observation while
marking ballots. During the hours of voting, the booths or stations must have instructions,
a pencil, and other supplies needed to mark the ballots. new text begin Information needed to enable
voters to mark ballots quickly and correctly must be posted in each voting booth. new text end A chair
must be provided for elderly voters and voters with disabilities to use while voting or
waiting to vote. Stable flat writing surfaces must also be made available to voters who are
completing election-related forms. All ballot boxes, voting booths, voting stations, and
election judges must be in open public view in the polling place.
Subd. 2.
Ballot boxes.
Each polling place shall be provided with one ballot box
deleted text begin for each kind of ballot to be cast at the election. The boxes shall be substantially the same
color as the ballots to be deposited in themdeleted text end . Each box shall be of sufficient size and shall
have a sufficient opening to receive and contain all the ballots likely to be deposited in
it. deleted text begin When buff or goldenrod ballot boxes are required, a separate box must be provided
for each school district for which ballots are to be cast at that polling place. The number
and name of the school district must appear conspicuously on the top of each buff or
goldenrod ballot box.
deleted text end
Sec. 78.
Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:
Subdivision 1.
Appointment lists; duties of political parties and county auditor.
deleted text begin On June 1deleted text end new text begin Within two weeks after the precinct caucusesnew text end in a year in which there is an
election for a partisan political office, the county or legislative district chairs of each major
political party, whichever is designated by the state party, shall prepare a list of eligible
voters to act as election judges in each election precinct in the county or legislative
district. The chairs shall furnish the lists to the county auditor of the county in which the
precinct is located.
deleted text begin By June 15deleted text end new text begin Within four weeks after the precinct caucusesnew text end , the county auditor shall
furnish to the appointing authorities a list of the appropriate names for each election
precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted by
the county auditor for each major political party.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 79.
Minnesota Statutes 2008, section 204B.22, subdivision 1, is amended to read:
Subdivision 1.
Minimum number required.
(a) A minimum of deleted text begin threedeleted text end new text begin fournew text end election
judges shall be appointed for each precinctnew text begin , except as provided by subdivision 2new text end . In a
combined polling place under section 204B.14, subdivision 2, at least one judge must be
appointed from each municipality in the combined polling place, provided that not less
than three judges shall be appointed for each combined polling place. The appointing
authorities may appoint election judges for any precinct in addition to the number required
by this subdivision including additional election judges to count ballots after voting has
ended.
(b) An election judge may serve for all or part of election day, at the discretion of
the appointing authority, as long as the minimum number of judges required is always
present. The head election judge designated under section 204B.20 must serve for all of
election day and be present in the polling place unless another election judge has been
designated by the head election judge to perform the functions of the head election judge
during any absence.
Sec. 80.
Minnesota Statutes 2008, section 204B.22, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Additional election judges in paper ballot precinctsdeleted text end new text begin Exceptionnew text end .
deleted text begin In
precincts using paper ballots,deleted text end new text begin A minimum of three election judges shall be appointed in
precincts not using electronic voting equipment.new text end One new text begin additional new text end election judge shall be
appointed for each 150 votes cast in that precinct at the last similar election. deleted text begin At each
state primary or state general election in precincts using paper ballots and in which more
than 300 votes were cast at the last similar election, additional election judges shall be
appointed to count the ballots and complete the returns in place of the election board
that served while voting was taking place.
deleted text end
Sec. 81.
Minnesota Statutes 2008, section 204B.24, is amended to read:
204B.24 ELECTION JUDGES; OATH.
Each election judge shall sign the following oath before assuming the duties of
the office:
"I .......... solemnly swear new text begin (or affirm) new text end that I will perform the duties of election judge
according to law and the best of my ability and will diligently endeavor to prevent fraud,
deceit and abuse in conducting this election. I will perform my duties in a fair and impartial
manner and not attempt to create an advantage for my party or for any candidate."
The oath shall be attached to the summary statement of the election returns of that
precinct. If there is no individual present who is authorized to administer oaths, the
election judges may administer the oath to each other.
Sec. 82.
Minnesota Statutes 2008, section 204B.27, subdivision 2, is amended to read:
Subd. 2.
Election law and instructions.
The secretary of state shall prepare and
publish a volume containing all state general laws relating to elections. The attorney
general shall provide annotations to the secretary of state for this volume. On or before
deleted text begin Julydeleted text end new text begin Augustnew text end 1 of every deleted text begin even-numbereddeleted text end new text begin odd-numberednew text end year the secretary of state shall
furnish to the county auditors and municipal clerks enough copies of this volume so that
each county auditor and municipal clerk will have at least one copy. new text begin On or before July 1
of every even-numbered year, the secretary of state shall prepare and make an electronic
copy available on the office's Web site. new text end The secretary of state may prepare and transmit
to the county auditors and municipal clerks detailed written instructions for complying
with election laws relating to the conduct of elections, conduct of voter registration and
voting procedures.
Sec. 83.
Minnesota Statutes 2008, section 204B.27, subdivision 3, is amended to read:
Subd. 3.
Instruction posters.
At least 25 days before every state new text begin primary new text end election
the secretary of state shall prepare and furnish to the county auditor of each county deleted text begin in
which paper ballots are used,deleted text end voter instruction posters printed in large type upon cards or
heavy paper. The instruction posters must contain the information needed to enable the
voters to cast their paper ballots quickly and correctly and indicate the types of assistance
available for elderly and disabled voters. Two instruction posters shall be furnished for
each precinct deleted text begin in which paper ballots are useddeleted text end .new text begin With the consent of the county auditor, the
secretary of state may provide the posters in an electronic format.
new text end
Sec. 84.
Minnesota Statutes 2008, section 204B.28, subdivision 2, is amended to read:
Subd. 2.
Election supplies; duties of county auditors and clerks.
new text begin (a) new text end Except as
otherwise provided for absentee ballots in section 204B.35, subdivision 4, the county
auditor shall complete the preparation of the election materials for which the auditor is
responsible at least four days before every state primary and state general election. At any
time after all election materials are available from the county auditor but not later than
four days before the election each municipal clerk shall secure from the county auditor:
deleted text begin (a)deleted text end new text begin (1)new text end the forms that are required for the conduct of the election;
deleted text begin (b)deleted text end new text begin (2)new text end any printed voter instruction materials furnished by the secretary of state;
deleted text begin (c)deleted text end new text begin (3)new text end any other instructions for election officers; and
deleted text begin (d)deleted text end new text begin (4)new text end a sufficient quantity of the official ballots, registration files, envelopes for
ballot returns, and other supplies and materials required for each precinct in order to
comply with the provisions of the Minnesota Election Law. The county auditor may
furnish the election supplies to the municipal clerks in the same manner as the supplies are
furnished to precincts in unorganized territory pursuant to section 204B.29, subdivision 1.
new text begin
(b) The official in charge of elections in each municipality where an electronic
voting system is used shall have the voting systems put in order, set, adjusted, and made
ready for voting when delivered to the election precincts. The official shall also provide
each precinct with a container for transporting ballots after the polls close. The container
must be of sturdy material to protect the ballots from all reasonably foreseeable hazards.
new text end
Sec. 85.
Minnesota Statutes 2008, section 204B.33, is amended to read:
204B.33 NOTICE OF FILING.
(a) deleted text begin Between June 1 and July 1 in each even-numbered yeardeleted text end new text begin At least 15 weeks before
the state primarynew text end , the secretary of state shall notify each county auditor of the offices to be
voted for in that county at the next state general election for which candidates file with the
secretary of state. The notice shall include the time and place of filing for those offices.
Within ten days after notification by the secretary of state, each county auditor shall notify
each municipal clerk in the county of all the offices to be voted for in the county at that
election and the time and place for filing for those offices. The county auditors and
municipal clerks shall promptly post a copy of that notice in their officesnew text begin and post a notice
of the offices that will be on the ballot on their Web sitenew text end new text begin , if one is availablenew text end .
(b) At least two weeks before the first day to file an affidavit of candidacy, the
county auditor shall publish a notice stating the first and last dates on which affidavits of
candidacy may be filed in the county auditor's office and the closing time for filing on the
last day for filing. The county auditor shall post a similar notice at least ten days before
the first day to file affidavits of candidacy.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 86.
new text begin
[204B.335] ELECTION RESULTS REPORTING SYSTEM;
CANDIDATE FILING.
new text end
new text begin
For state primary and general elections, the county auditor must enter the offices
and questions to be voted on in the county and the list of candidates for each office into
the election results reporting system provided by the secretary of state no later than 46
days before the election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end
Sec. 87.
Minnesota Statutes 2008, section 204B.35, subdivision 4, is amended to read:
Subd. 4.
Absentee ballots; preparation; delivery.
new text begin At least 45 days before a state
primary or the state general election and at least 30 days before other elections, new text end ballots
necessary to fill applications of absentee voters shall be prepared and delivered deleted text begin at least 30
days before the electiondeleted text end to the officials who administer the provisions of chapter 203B.
This section applies to school district elections held on the same day as a statewide
election or an election for a county or municipality located partially or wholly within
the school district.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 88.
Minnesota Statutes 2008, section 204B.44, is amended to read:
204B.44 ERRORS AND OMISSIONS; REMEDY.
new text begin (a) new text end Any individual may file a petition in the manner provided in this section for
the correction of any of the following errors, omissions, or wrongful acts which have
occurred or are about to occur:
deleted text begin (a)deleted text end new text begin (1)new text end an error or omission in the placement or printing of the name or description of
any candidate or any question on any official ballot;
deleted text begin (b)deleted text end new text begin (2)new text end any other error in preparing or printing any official ballot;
deleted text begin (c)deleted text end new text begin (3)new text end failure of the chair or secretary of the proper committee of a major political
party to execute or file a certificate of nomination;new text begin or
new text end
deleted text begin (d)deleted text end new text begin (4)new text end any wrongful act, omission, or error of any election judge, municipal clerk,
county auditor, canvassing board or any of its members, the secretary of state, or any other
individual charged with any duty concerning an election.
new text begin (b) new text end The petition shall describe the error, omission, or wrongful act and the correction
sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in
the case of an election for state or federal office or any judge of the district court in that
county in the case of an election for county, municipal, or school district office. The
petitioner shall serve a copy of the petition on the officer, board or individual charged with
the error, omission, or wrongful act, and on any other party as required by the court. Upon
receipt of the petition the court shall immediately set a time for a hearing on the matter
and order the officer, board or individual charged with the error, omission or wrongful act
to correct the error or wrongful act or perform the duty or show cause for not doing so.
The court shall issue its findings and a final order for appropriate relief as soon as possible
after the hearing. Failure to obey the order is contempt of court.
new text begin
(c) An order issued under this section may not authorize the candidates in an election
to determine whether an absentee ballot envelope was improperly rejected.
new text end
Sec. 89.
Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:
Subd. 2.
Procedure.
Notice of the election and the special mail procedure must be
given at least six weeks prior to the election. Not more than 30 days nor later than 14 days
prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters
registered in the town or unorganized territory. No later than 14 days before the election,
the auditor must make a subsequent mailing of ballots to those voters who register to vote
after the initial mailing but before the 20th day before the election. Eligible voters not
registered at the time the ballots are mailed may apply for ballots as provided in chapter
203B. Ballot return envelopes, with return postage provided, must be preaddressed to the
auditor or clerk and the voter may return the ballot by mail or in person to the office of
the auditor or clerk. The auditor or clerk deleted text begin maydeleted text end new text begin must new text end appoint deleted text begin election judgesdeleted text end new text begin a ballot board
new text end to examine the return envelopes and mark them "accepted" or "rejected" deleted text begin during the 30
days before the electiondeleted text end new text begin within three days after receipt. The board may consist of staff
trained as election judges, in which case the board is exempt from sections 204B.19,
subdivision 5, and 204C.15, relating to party balance in appointment of judges and to
duties to be performed by judges of different major political partiesnew text end . If an envelope has
been rejected at least five days before the election, the ballots in the envelope must deleted text begin be
considered spoiled ballotsdeleted text end new text begin remain sealed new text end and the auditor or clerk shall provide the voter
with a replacement ballot and return envelope in place of the spoiled ballot. new text begin If the ballot
is rejected within five days before the election, the envelope must remain sealed and
the official in charge of the ballot board must attempt to contact the voter by telephone
or e-mail to notify the voter that the voter's ballot has been rejected. The official must
document the attempts made to contact the voter.
new text end
new text begin
The ballots from return envelopes marked "Accepted" must be promptly opened,
duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by
the election judges, and deposited in the appropriate ballot box.
new text end
new text begin
In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.
new text end
new text begin
No vote totals from ballots may be made public before the close of voting on
election day.
new text end
The costs of the mailing shall be paid by the election jurisdiction in which the voter
resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 90.
Minnesota Statutes 2008, section 204B.46, is amended to read:
204B.46 MAIL ELECTIONS; QUESTIONS.
A county, municipality, or school district submitting questions to the voters at a
special election may conduct an election by mail with no polling place other than the
office of the auditor or clerk. No more than two questions may be submitted at a mail
election and no offices may be voted on. Notice of the election must be given to the county
auditor at least 53 days prior to the election. This notice shall also fulfill the requirements
of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted at
least six weeks prior to the election. No earlier than deleted text begin 20 ordeleted text end new text begin 30 nornew text end later than 14 days prior
to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters
registered in the county, municipality, or school district. new text begin No later than 14 days before the
election, the auditor or clerk must make a subsequent mailing of ballots to those voters
who register to vote after the initial mailing but before the 20th day before the election.new text end
Eligible voters not registered at the time the ballots are mailed may apply for ballots
pursuant to chapter 203B. new text begin The auditor or clerk must appoint a ballot board to examine
the return envelopes and mark them "Accepted" or "Rejected" within three days after
receipt. The board may consist of staff trained as election judges, in which case the board
is exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party balance
in appointment of judges and to duties to be performed by judges of different major
political parties. If an envelope has been rejected at least five days before the election,
the ballots in the envelope must remain sealed and the auditor or clerk must provide the
voter with a replacement ballot and return envelope in place of the spoiled ballot. If the
ballot is rejected within five days before the election, the envelope must remain sealed and
the official in charge of the ballot board must attempt to contact the voter by telephone
or e-mail to notify the voter that the voter's ballot has been rejected. The official must
document the attempts made to contact the voter.
new text end
new text begin
The ballots from return envelopes marked "Accepted" must be promptly opened,
duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by
the election judges, and deposited in the appropriate ballot box.
new text end
new text begin
In all other respects, the provisions of the Minnesota Election Law governing
deposit and counting of ballots apply.
new text end
new text begin
No vote totals from ballots may be made public before the close of voting on
election day.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 91.
Minnesota Statutes 2008, section 204C.02, is amended to read:
204C.02 APPLICATION.
This chapter applies to all elections held in this state except as otherwise provided
by law.
new text begin
An individual who is unable to write the individual's name must sign election-related
documents in the manner provided by section 645.44, subdivision 14. An individual who
has power of attorney for another person may not sign election-related documents for that
person, except as provided by this section.
new text end
Sec. 92.
Minnesota Statutes 2008, section 204C.04, subdivision 1, is amended to read:
Subdivision 1.
Right to be absent.
Every employee who is eligible to vote in an
election has the right to be absent from worknew text begin exclusivelynew text end for the purpose of voting deleted text begin during
the morning ofdeleted text end new text begin onnew text end the day of that election, without penalty or deduction from salary or
wages because of the absence. An employer or other person may not directly or indirectly
refuse, abridge, or interfere with this right or any other election right of an employee.
Sec. 93.
Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read:
Subdivision 1.
Lingering near polling place.
An individual shall be allowed to go
to and from the polling place for the purpose of voting without unlawful interference. No
one except an election official or an individual who is waiting to register or to vote new text begin or a
representative of the press or an academic institution who is conducting exit polling new text end shall
stand within 100 feet of the building in which a polling place is located. new text begin "Exit polling" is
defined as approaching voters in a predetermined pattern as they leave the polling place
after they have voted and asking voters to fill out an anonymous questionnaire.
new text end
Sec. 94.
Minnesota Statutes 2008, section 204C.07, subdivision 3a, is amended to read:
Subd. 3a.
deleted text begin Residencedeleted text end new text begin Registration new text end requirement.
A challenger must be a deleted text begin resident
of this statedeleted text end new text begin registered voter as provided in section 201.054new text end . new text begin An new text end appointed deleted text begin challengersdeleted text end
new text begin challenger new text end seeking admission to a polling place to serve in that capacity must deleted text begin prove their
status as a resident of this state by presenting one of the documents listed in section
201.061, subdivision 3. Challengers need not prove residence in the precinct in which
they seek to act as a challengerdeleted text end new text begin sign a written statement under penalty of perjury affirming:
(1) the challenger's status as a registered voter in this state; and (2) that the challenger has
reviewed and agrees to comply with the requirements of this section, including, but not
limited to, the standards of conduct for a polling place challengernew text end .
Sec. 95.
Minnesota Statutes 2008, section 204C.07, subdivision 4, is amended to read:
Subd. 4.
Restrictions on conduct.
An election judge may not be appointed as a
challenger. The election judges shall permit challengers appointed pursuant to this section
to be present in the polling place during the hours of voting and to remain there until the
votes are counted and the results declared. deleted text begin Nodeleted text end new text begin A challenger must comply with an order
from a head election judge to leave a polling place for the remainder of the election day
for failure to comply with the requirements of this section. Anew text end challenger shall new text begin not:
new text end
new text begin (1) new text end handle or inspect registration cards, files, or listsdeleted text begin . Challengers shall notdeleted text end new text begin ;
new text end
new text begin (2) new text end prepare in any manner any list of individuals who have or have not voteddeleted text begin . They
shall notdeleted text end new text begin ;
new text end
new text begin (3) new text end attempt to influence voting in any mannerdeleted text begin . They shall notdeleted text end new text begin ;
new text end
new text begin (4) new text end converse with a voter deleted text begin except to determine, in the presence of an election judge,
deleted text end deleted text begin whether the voter is eligible to vote in the precinctdeleted text end new text begin ;
new text end
new text begin
(5) use any electronic communication device inside the polling place; or
new text end
new text begin (6) interfere with an election judge who is performing official dutiesnew text end .
Sec. 96.
Minnesota Statutes 2008, section 204C.08, is amended to read:
204C.08 OPENING OF POLLING PLACES.
Subdivision 1.
new text begin Arrival; ballots. new text end
new text begin
The election judges shall meet at the polling place
at least one hour before the time for opening the polls. Before the polls open, the election
judges shall compare the ballots used with the sample ballots, electronic ballot displays,
and audio ballot reader furnished to see that the names, numbers, and letters on both agree
and shall certify to that fact on forms provided for that purpose. The certification must
be filed with the election returns.
new text end
new text begin Subd. 1a. new text end
Display of flag.
Upon their arrival at the polling place on the day of
election, the election judges shall cause the national flag to be displayed on a suitable
staff at the entrance to the polling place. The flag shall be displayed continuously during
the hours of voting and the election judges shall attest to that fact by signing the flag
certification statement on the precinct summary statement. The election judges shall
receive no compensation for any time during which they intentionally fail to display
the flag as required by this subdivision.
Subd. deleted text begin 1a.deleted text end new text begin 1b.new text end
Voter's Bill of Rights.
The county auditor shall prepare and provide
to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as
set forth in this section. Before the hours of voting are scheduled to begin, the election
judges shall post it in a conspicuous location or locations in the polling place. The Voter's
Bill of Rights is as follows:
"VOTER'S BILL OF RIGHTS
For all persons residing in this state who meet federal voting eligibility requirements:
(1) You have the right to be absent from work for the purpose of voting deleted text begin during the
morning ofdeleted text end new text begin without reduction to your pay, personal leave, or vacation time on new text end election day.
(2) If you are in line at your polling place any time deleted text begin between 7:00 a.m. anddeleted text end new text begin beforenew text end
8:00 p.m., you have the right to vote.
(3) If you can provide the required proof of residence, you have the right to register
to vote and to vote on election day.
(4) If you are unable to sign your name, you have the right to orally confirm your
identity with an election judge and to direct another person to sign your name for you.
(5) You have the right to request special assistance when voting.
(6) If you need assistance, you may be accompanied into the voting booth by a
person of your choice, except by an agent of your employer or union or a candidate.
(7) You have the right to bring your minor children into the polling place and into
the voting booth with you.
(8) If you have been convicted of a felony but your felony sentence has expired (been
completed) or you have been discharged from your sentence, you have the right to vote.
(9) If you are under a guardianship, you have the right to vote, unless the court
order revokes your right to vote.
(10) You have the right to vote without anyone in the polling place trying to
influence your vote.
(11) If you make a mistake or spoil your ballot before it is submitted, you have the
right to receive a replacement ballot and vote.
(12) You have the right to file a written complaint at your polling place if you are
dissatisfied with the way an election is being run.
(13) You have the right to take a sample ballot into the voting booth with you.
(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
booth with you."
Subd. 2.
Posting of voting instructions.
Before the hours for voting are scheduled
to begin, the election judges shall post any official voter instruction posters furnished to
them in a conspicuous location or locations in the polling place.
Subd. 2a.
Sample ballots.
deleted text begin Adeleted text end new text begin At least twonew text end sample deleted text begin ballotdeleted text end new text begin ballotsnew text end must be posted in a
conspicuous location in the polling placenew text begin and must remain open to inspection by the voters
throughout election daynew text end . The sample deleted text begin ballotdeleted text end new text begin ballotsnew text end must accurately reflect the offices,
candidates, and rotation sequence on the ballots used in that polling place.new text begin The sample
ballots may be either in full or reduced size.
new text end
Subd. 3.
Locking of ballot deleted text begin boxesdeleted text end new text begin boxnew text end .
Immediately before the time when voting
is scheduled to begin, one of the election judges shall open the ballot deleted text begin boxesdeleted text end new text begin boxnew text end in the
presence of the individuals assembled at the polling place, deleted text begin turn the boxes upside down todeleted text end new text begin
demonstrate that it isnew text end empty deleted text begin themdeleted text end , lock deleted text begin themdeleted text end new text begin itnew text end , and deliver the key to another election
judge. new text begin Except as provided by this subdivision, new text end the deleted text begin boxesdeleted text end new text begin boxnew text end shall not be reopened
deleted text begin except to count the ballotsdeleted text end new text begin until new text end after the hours for voting have ended and all voting has
been concluded. The deleted text begin boxesdeleted text end new text begin boxnew text end shall be kept in public view at all times during voting
hours. After locking the ballot deleted text begin boxesdeleted text end new text begin boxnew text end , the election judges shall proclaim that voting
may begin, and shall post outside the polling place conspicuous written or printed notices
of the time when voting is scheduled to end.
new text begin
Two election judges of different major political parties may open the ballot box as
needed to straighten the ballots or remove voted ballots to prevent the box from becoming
full. The election judges shall not count or inspect the ballots.
new text end
new text begin
If the election judges remove any ballots from the box, the election judges shall put
the ballots into containers and seal them. The judges shall put any ballots taken from the
ballot box's write-in compartment into containers separate from the other ballots and seal
them. The judges shall label the ballot containers and secure them.
new text end
new text begin
The judges shall note on the incident report that the ballot box was opened, the time
the box was opened, and, if any ballots were removed, the number of any seals used to
seal the ballot containers.
new text end
Subd. 4.
Ballot deleted text begin boxes,deleted text end new text begin boxnew text end boxcar seals.
The governing body of a municipality or
school district by resolution may direct the municipal or school district clerk to furnish
a boxcar seal for each ballot box in place of a lock and key. Each seal shall consist of a
numbered deleted text begin metaldeleted text end strap with a self-locking device securely attached to one end of the strap
so that the other end may be inserted and securely locked in the seal. No two deleted text begin metaldeleted text end straps
shall bear the same number.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 97.
Minnesota Statutes 2008, section 204C.10, is amended to read:
204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.
(a) An individual seeking to vote shall sign a polling place roster deleted text begin which states
that the individual is at least 18 years of age, a citizen of the United States, has resided
in Minnesota for 20 days immediately preceding the election, maintains residence at
the address shown, is not under a guardianship in which the court order revokes the
individual's right to vote, has not been found by a court of law to be legally incompetent
to vote or has the right to vote because, if the individual was convicted of a felony, the
felony sentence has expired or been completed or the individual has been discharged from
the sentence, is registered and has not already voted in the election. The roster must also
state: "deleted text end new text begin . The polling place roster must state: "I certify that I have not already voted in
this election. I certify that I am at least 18 years of age and a citizen of the United States;
that I reside at the address shown and have resided in Minnesota for 20 days immediately
preceding this election; that I am not under guardianship of the person in which the court
order revokes my right to vote, have not been found by a court to be legally incompetent
to vote, and that if convicted of a felony, my felony sentence has expired (been completed)
or I have been discharged from my sentence; and that I am registered and will be voting
only in this precinct. new text end I understand that deliberately providing false information is a felony
punishable by not more than five years imprisonment and a fine of not more than $10,000,
or both."new text begin The words "I have not already voted in this election" and "I understand that
providing false information is a felony" must be in bold type.
new text end
(b) new text begin An individual voting early under section 203B.30 must sign a roster that meets
the additional requirements of this paragraph. In addition to the content required under
paragraph (a), the roster must also state in bold type: "I understand that after I have cast
my ballot today, I cannot vote again in this election."
new text end
new text begin (c) new text end A judge may, before the applicant signs the roster, confirm the applicant's name,
address, and date of birth.new text begin If the ballot board has not marked the roster in accordance
with section 203B.12, subdivision 4a, clause (3), the election judge must review the
supplemental list of those who voted by absentee ballot to ensure that the voter's name is
not on the list. If a voter's name is on the list, the voter must not be allowed to sign the
roster or to vote on election day.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end After the applicant signs the roster, the judge shall give the applicant a voter's
receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
voters' receipts must be maintained during the time for notice of filing an election contest.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 98.
Minnesota Statutes 2008, section 204C.12, subdivision 2, is amended to read:
Subd. 2.
Statement of grounds; oath.
new text begin Before making a challenge, new text end a challenger
must be deleted text begin a resident of this statedeleted text end new text begin admitted to a polling place as provided in section 204C.07,
subdivision 3anew text end . The secretary of state shall prepare a form that challengers must complete
and sign when making a challenge. The form must include space to state the ground
for the challenge, a statement that the challenge is based on the challenger's personal
knowledge, and a statement that the challenge is made under oath. The form must include
a space for the challenger's printed name, signature, telephone number, and address.
An election judge shall administer to the challenged individual the following oath:
"Do you solemnly swear new text begin (or affirm) new text end that you will fully and truly answer all questions
put to you concerning your eligibility to vote at this election?"
The election judge shall then ask the challenged individual sufficient questions to
test that individual's residence and right to vote.
Sec. 99.
Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read:
Subd. 2.
Voting booths.
One of the election judges shall explain to the voter
the proper method of marking deleted text begin and foldingdeleted text end the ballotsnew text begin , of using the electronic ballot
marker, including assistive voting technology, of the option to insert the ballot into the
electronic ballot marker to examine the votes before inserting it into the ballot counter, of
inserting the ballot into automatic tabulating equipment that examines and counts votes,new text end
and, during a primary deleted text begin electiondeleted text end , the effect of attempting to vote in more than one party's
primary. Except as otherwise provided in section 204C.15, the voter shall retire alone to
an unoccupied voting booth deleted text begin anddeleted text end new text begin or, at the voter's discretion, the voter may choose to
use another writing surface. The voter shall new text end mark the ballots without undue delay. The
voter may take sample ballots into the booth to assist in voting. The election judges may
adopt and enforce reasonable rules governing the amount of time a voter may spend in
the voting booth marking ballots.
Sec. 100.
Minnesota Statutes 2008, section 204C.13, subdivision 3, is amended to read:
Subd. 3.
Marking ballots.
The voter shall mark each ballot in the following manner:
(a) deleted text begin A mark (X) shall be placed in the squaredeleted text end new text begin The voter shall fill in the oval or connect
the arrownew text end opposite the printed name of each candidate for whom the individual desires to
vote, and in the square before the deleted text begin "YES"deleted text end new text begin "Yes"new text end or deleted text begin "NO"deleted text end new text begin "No"new text end if the individual desires
to vote for or against a question.
(b) The voter may write in other names on the lines provided under the printed
names of the candidates, except that no names shall be written in on primary ballots.
(c) At a state primary an individual may vote for candidates of only one major
political party on the partisan primary ballot. If a partisan primary ballot contains votes
for the candidates of more than one major political party, the ballot is totally defective and
no vote on new text begin the partisan section of new text end the ballot shall be counted.
(d) An individual who spoils a ballot may return it to the election judges and receive
another.
Sec. 101.
Minnesota Statutes 2008, section 204C.13, subdivision 5, is amended to read:
Subd. 5.
Deposit of ballots in ballot deleted text begin boxesdeleted text end new text begin boxnew text end .
The voter shall then withdraw
from the voting booth with the ballots and deleted text begin hand them to the election judge in charge of
the ballot boxes. That election judge shalldeleted text end immediately deposit each ballot in the deleted text begin properdeleted text end new text begin
ballotnew text end box. Ballots that have not been initialed by the election judges as provided in
section 204C.09, shall not be deposited in the ballot box.
Sec. 102.
Minnesota Statutes 2008, section 204C.13, subdivision 6, is amended to read:
Subd. 6.
Challenge of voter; time limits; disposition of ballots.
At any time
before the ballots of any voter are deposited in the ballot boxes, the election judges or any
individual who was not present at the time the voter procured the ballots, but not otherwise,
may challenge the eligibility of that voter and the deposit of any received absentee ballots
in the ballot boxes. The election judges shall determine the eligibility of any voter who is
present in the polling place in the manner provided in section 204C.12, and if the voter is
found to be not eligible to vote, shall place the ballots of that voter unopened among the
spoiled ballots. deleted text begin The election judges shall determine whether to receive or reject the ballots
of an absent voter and whether to deposit received absentee ballots in the ballot boxes in
the manner provided in sections 203B.12, 203B.24, and 203B.25, and shall dispose of any
absentee ballots not received or deposited in the manner provided in section 203B.12.deleted text end A
violation of this subdivision by an election judge is a gross misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 103.
Minnesota Statutes 2008, section 204C.17, is amended to read:
204C.17 VOTING; SECRECY.
Except as authorized by section 204C.15, a voter shall not reveal to anyone in the
polling place the name of any candidate for whom the voter intends to vote or has voted. A
voter shall not ask for or receive assistance in the marking of a ballot from anyone within
the polling place except as authorized by section 204C.15. If a voter, after marking a ballot,
shows it to anyone except as authorized by law new text begin or takes a picture of the voter's ballotnew text end , the
election judges shall refuse to deposit the ballot in any ballot box and shall place it among
the spoiled ballots. Unless the showing of the ballot was clearly intentional, the voter shall
receive another ballot as provided in section 204C.13, subdivision 3, deleted text begin clausedeleted text end new text begin paragraphnew text end (d).
Sec. 104.
new text begin
[204C.185] DUTIES OF ELECTION JUDGES.
new text end
new text begin Subdivision 1. new text end
new text begin Damaged or defective ballots. new text end
new text begin
If a ballot is damaged or defective so
that it cannot be counted properly by the automatic tabulating equipment, a true duplicate
copy must be made of the damaged ballot in the presence of two judges not of the same
major political party and must be substituted for the damaged ballot. Likewise, a duplicate
ballot must be made of a defective ballot, which may not include the votes for the offices
for which it is defective. Duplicate ballots must be clearly labeled "duplicate," indicate the
precinct in which the corresponding damaged or defective ballot was cast, bear a serial
number which must be recorded on the damaged or defective ballot, and be counted
in lieu of the damaged or defective ballot.
new text end
new text begin Subd. 2. new text end
new text begin Rejected ballots. new text end
new text begin
Whenever a ballot created by an electronic ballot marker
certified by the secretary of state is rejected by an optical scan voting system, two election
judges who are members of different major political parties shall transcribe the votes on
the ballot rejected by the optical scan voting system using the procedures in subdivision 1.
new text end
Sec. 105.
Minnesota Statutes 2008, section 204C.19, subdivision 2, is amended to read:
Subd. 2.
Ballots; order of counting.
deleted text begin Except as otherwise provided in this
subdivision, the ballot boxes shall be opened,deleted text end The votes new text begin must be new text end counted, and the total
declared deleted text begin one box at a time in the following order: the white box, the pink box, the canary
box, the light green box, the blue box, the buff box, the goldenrod box, the gray box, and
then the other kinds of ballots voted at the election. If enough election judges are available
to provide counting teams of four or more election judges for each box, more than one
box may be opened and counted at the same timedeleted text end new text begin in the order the offices are listed on the
ballotnew text end . The election judges on each counting team shall be evenly divided between the
major political parties. The numbers entered on the summary sheet shall not be considered
final until new text begin all new text end the ballots deleted text begin in all the boxesdeleted text end have been counted deleted text begin and corrections have been
made if ballots have been deposited in the wrong boxesdeleted text end .
Sec. 106.
Minnesota Statutes 2008, section 204C.20, subdivision 1, is amended to read:
Subdivision 1.
Determination of proper number.
The election judges shall
determine the number of ballots to be counted by deleted text begin adding the number of return envelopes
from accepted absentee ballots to the number of signed voter's certificates, or todeleted text end new text begin countingnew text end
the number of deleted text begin namesdeleted text end new text begin signaturesnew text end entered in the election register. deleted text begin The election judges
shall then remove all the ballots from the box. Without considering how the ballots are
marked, the election judges shall ascertain that each ballot is separate and shall count
them to determine whether the number of ballots in the box corresponds with the number
of ballots to be counted.
deleted text end
Sec. 107.
Minnesota Statutes 2008, section 204C.20, subdivision 2, is amended to read:
Subd. 2.
Excess ballots.
deleted text begin If two or more ballots are found folded together like a
single ballot, the election judges shall lay them aside until all the ballots in the box have
been counted. If it is evident from the number of ballots to be counted that the ballots
folded together were cast by one voter, the election judges shall preserve but not count
them.deleted text end If the number of ballots in deleted text begin onedeleted text end new text begin the ballotnew text end box exceeds the number to be counted, the
election judges shall examine all the ballots in the box to ascertain that all are properly
marked with the initials of the election judges. If any ballots are not properly marked with
the initials of the election judges, the election judges shall preserve but not count them;
however, if the number of ballots does not exceed the number to be counted, the absence
of either or both sets of initials of the election judges does not, by itself, disqualify the
vote from being counted and must not be the basis of a challenge in a recount. If there is
still an excess of properly marked ballots, the election judges shall replace them in the
box, and one election judge, without looking, shall withdraw from the box a number
of ballots equal to the excess. The withdrawn ballots shall not be counted but shall be
preserved as provided in subdivision 4.
Sec. 108.
new text begin
[204C.205] COUNTING BALLOTS.
new text end
new text begin
In precincts in which automatic tabulating equipment is located in the polling place,
as soon as the polls are closed the election judges shall secure the voting systems against
further voting. A tabulation of ballots must be obtained from the automatic tabulating
equipment after all damaged or defective ballots have been replaced. The tabulation,
together with the returns of write-in and absentee votes and the precinct summary
statements prepared in accordance with section 204C.24, constitute the official return of
each precinct. Upon completion of the count, the returns are open to the public.
new text end
Sec. 109.
new text begin
[204C.206] COUNTING BALLOTS CENTRALLY.
new text end
new text begin Subdivision 1. new text end
new text begin At the voting location. new text end
new text begin
In precincts in which automatic tabulating
equipment is located in a central location, as soon as the polls are closed the election
judges shall secure the voting systems against further voting. They shall then open the
ballot box and count the number of ballots that have been cast to determine that the
number of ballots does not exceed the number of voters shown on the election register. If
there is an excess, the judges shall seal the ballots in a ballot container and transport the
container to the county auditor or municipal clerk, who shall process the ballots in the
same manner as required in section 204C.20, subdivision 2, then enter the ballots into the
ballot counter. The total numbers of voters must be entered on the forms provided.
new text end
new text begin Subd. 2. new text end
new text begin Transportation of ballots. new text end
new text begin
The judges shall place all voted ballots,
defective ballots, and damaged ballots in the container provided for transporting them
to the counting center. The container must be sealed and delivered immediately to the
counting center by two judges who are not of the same major political party. The judges
shall also deliver to the counting center, in a suitable container, the unused ballots, and the
spoiled ballot envelope.
new text end
new text begin Subd. 3. new text end
new text begin Counting centers open; security. new text end
new text begin
Proceedings at the counting center are
open to the public. They are under the direction of the official in charge of elections in
each municipality and must be under the observation of at last two election judges who
are not of the same major political party. Only persons employed and authorized for the
purpose may touch any ballot, ballot container, or statement of absentee ballot results.
new text end
new text begin Subd. 4. new text end
new text begin Preliminary tabulation. new text end
new text begin
When the ballots arrive at a counting center
where votes are counted by automatic tabulating equipment that is programmed to
tabulate the votes from multiple precincts, the ballots must be given to the counting center
election judges and counted by the automatic tabulating equipment. The results of this
preliminary tabulation may be made available to the public if the tabulation is clearly
identified as unofficial.
new text end
new text begin
After any preliminary tabulation has been made, any ballots that could not be read
by the tabulator, or would not go through the tabulator, must be returned to the counting
center election judges who shall prepare replacements, if necessary, as provided in section
204C.185.
new text end
new text begin Subd. 5. new text end
new text begin Final tabulation. new text end
new text begin
A final tabulation of ballots must be obtained from the
automatic tabulating equipment after all damaged or defective ballots have been replaced.
The final tabulation, together with the returns of write-in and absentee votes and the
precinct summary statements prepared in accordance with section 204C.24, constitute
the official return of each precinct. Upon completion of the count the returns are open
to the public.
new text end
Sec. 110.
Minnesota Statutes 2008, section 204C.21, is amended to read:
204C.21 new text begin HAND new text end COUNTING BALLOTS; PILING SYSTEM.
Subdivision 1.
new text begin General. new text end
new text begin
Ballots that are counted by hand shall be counted as
prescribed by this section.
new text end
new text begin Subd. 1a. new text end
Method.
new text begin The election judges shall remove all the ballots from the box.
Without considering how the ballots are marked, the election judges shall ascertain that
each ballot is separate and shall count them to determine whether the number of ballots in
the box corresponds with the number of ballots to be counted. If two or more ballots are
found folded together like a single ballot, the election judges shall lay them aside until
all the ballots in the box have been counted. If it is evident from the number of ballots
to be counted that the ballots folded together were cast by one voter, the election judges
shall preserve but not count them. new text end The election judges shall take all the ballots deleted text begin of the same
kinddeleted text end and count the votes cast for each office or question, beginning with the first office
or question on the ballot. They shall make one pile of the ballots for each candidate
who received votes for that office, or one pile for the "Yes" votes and one pile for the
"No" votes on a question. They shall make a pile of totally defective ballots and a pile of
totally blank ballots. They shall make a pile of ballots that are not totally defective but are
defective with respect to the office or question being counted and a pile of ballots that
are not totally blank but are blank with respect to the office or question being counted.
After the separation into piles, the election judges shall examine each pile and remove and
place in the proper pile any ballots that are found in the wrong pile. The election judges
shall count the totally blank and totally defective ballots and set them aside until the
counting is over for that ballot. The election judges deleted text begin maydeleted text end new text begin mustnew text end pile ballots crosswise in
groups of 25 in the same pile to facilitate counting. When their counts agree, the election
judges shall announce the number of ballots in each pile, and shall write the number in the
proper place on the summary statements.
The election judges shall then return all the counted ballots, and all the partially
defective or partially blank ballots, to the original pile to be separated and counted in the
same manner for the next office or question.
Subd. 2.
More than one candidate to be elected; piling.
Where more than one
candidate is to be elected to an office, the votes for that office shall be counted and
canvassed in the manner provided in subdivision deleted text begin 1deleted text end new text begin 1anew text end as far as practicable.
new text begin Subd. 2a. new text end
new text begin Defective ballots. new text end
new text begin
A ballot that is defective to the extent that the election
judges are unable to determine the voter's intent shall be marked on the back "Defective"
if it is totally defective or "Defective as to ......," naming the office or question if it is
defective only in part.
new text end
Subd. 3.
Primary.
At a primary the election judges shall first separate the deleted text begin partisandeleted text end
ballots by major political party and then count the votes for each office as provided in
subdivision deleted text begin 1deleted text end new text begin 1anew text end . The nonpartisan new text begin races on the new text end primary ballots shall be counted deleted text begin separatelydeleted text end
after the partisan new text begin races on the new text end primary ballots have been counted.
Sec. 111.
Minnesota Statutes 2008, section 204C.22, subdivision 3, is amended to read:
Subd. 3.
Votes for too many candidates.
If a voter deleted text begin places a mark (X)deleted text end new text begin fills in the
oval or completes the arrownew text end beside the names of more candidates for an office than are to
be elected or nominated, the ballot is defective with respect only to that office. No vote
shall be counted for any candidate for that office, but the rest of the ballot shall be counted
if possible. At a primary, if a voter has not indicated a party preference and deleted text begin places a mark
(X)deleted text end new text begin fills in the oval or completes the arrownew text end beside the names of candidates of more than
one party on the partisan new text begin section of the new text end ballot, new text begin that section of new text end the ballot is totally defective
and no votes on it new text begin for partisan offices new text end shall be counted. If a voter has indicated a party
preference at a primary, only votes cast for candidates of that party shall be counted.
Sec. 112.
Minnesota Statutes 2008, section 204C.22, subdivision 4, is amended to read:
Subd. 4.
Name written in proper place.
If a voter has written the name of an
individual in the proper place on a general or special election ballot a vote shall be counted
for that individual whether or not the voter deleted text begin makes a mark (X) in the squaredeleted text end new text begin fills in the oval
or completes the arrownew text end opposite the blank.
Sec. 113.
Minnesota Statutes 2008, section 204C.22, subdivision 6, is amended to read:
Subd. 6.
Mark out of place.
If a mark deleted text begin (X)deleted text end is made out of its proper place, but so
near a name or space as to indicate clearly the voter's intent, the vote shall be counted.
Sec. 114.
Minnesota Statutes 2008, section 204C.22, subdivision 7, is amended to read:
Subd. 7.
All written names or marks counted up to limit.
If a number of
individuals are to be elected to the same office, the election judges shall count all names
written in and all printed names with deleted text begin (X) marks in squaresdeleted text end new text begin the oval filled in or the arrow
completednew text end opposite them, not exceeding the whole number to be elected. When fewer
names than the number to be elected are marked with an deleted text begin (X)deleted text end new text begin oval filled in or an arrow
completednew text end or new text begin a namenew text end written in, only the marked or written in names shall be counted.
When more names than the number to be elected are marked or written in, the ballot is
defective with respect to that office and no vote shall be counted for that office.
Sec. 115.
Minnesota Statutes 2008, section 204C.22, subdivision 10, is amended to
read:
Subd. 10.
Different marks.
If a voter uniformly uses a mark deleted text begin other than (X)deleted text end which
clearly indicates an intent to mark a name or to mark yes or no on a question, and the
voter does not use deleted text begin (X)deleted text end new text begin the more standard marknew text end anywhere else on the ballot, a vote shall
be counted for each candidate or response to a question marked. If a voter uses two or
more distinct marks, such as (X) and some other mark, a vote shall be counted for each
candidate or response to a question marked, unless the ballot is marked by distinguishing
characteristics that make the entire ballot defective as provided in subdivision 13.
Sec. 116.
Minnesota Statutes 2008, section 204C.22, subdivision 13, is amended to
read:
Subd. 13.
Identifying ballot.
If a ballot is marked deleted text begin by distinguishing characteristics
in a manner making it evident that the voter intended to identify the ballotdeleted text end new text begin with a voter's
signature, an identification number, or a name written completely outside of the space
allotted for the names of write-in candidatesnew text end , the entire ballot is defective.
Sec. 117.
Minnesota Statutes 2008, section 204C.24, subdivision 1, is amended to read:
Subdivision 1.
Information requirements.
Precinct summary statements shall be
submitted by the election judges in every precinct. For all elections, the election judges
shall complete three or more copies of the summary statements, and each copy shall
contain the following information for each kind of ballot:
(a) the number of votes each candidate received or the number of yes and no votes
on each question, the number of undervotes or partially blank ballots, and the number of
overvotes or partially defective ballots with respect to each office or question;
(b) the number of totally blank ballots, the number of totally defective ballots, the
number of spoiled ballots, and the number of unused ballots;
(c) the number of individuals who voted at the election in the precinct;
(d) the number of voters registering on election day in that precinct; and
(e) the signatures of the election judges who counted the ballots certifying that all of
the ballots cast were properly deleted text begin piled, checked, anddeleted text end counted; and that the numbers entered
by the election judges on the summary statements correctly show the number of votes cast
for each candidate and for and against each question.
At least two copies of the summary statement must be prepared for elections not
held on the same day as the state elections.
Sec. 118.
Minnesota Statutes 2008, section 204C.25, is amended to read:
204C.25 DISPOSITION OF BALLOTS.
After the count and the summary statements have been completed, in the presence
of all the election judges, the counted, defective, and blank ballots shall be placed in
envelopes deleted text begin marked or printed to distinguish the color of the ballots contained,deleted text end and the
envelopes shall be sealed. The election judges shall sign each envelope over the sealed
part so that the envelope cannot be opened without disturbing the continuity of the
signatures. The number deleted text begin and kinddeleted text end of ballots in each envelope, the name of the town or
city, and the name of the precinct shall be plainly written upon the envelopes. The number
and name of the district must be plainly written on envelopes containing school district
ballots. The spoiled ballots shall be placed in separate envelopesnew text begin , sealed,new text end and returned
with the unused ballots to the county auditor or municipal or school district clerk from
whom they were received.
Sec. 119.
Minnesota Statutes 2008, section 204C.26, is amended to read:
204C.26 SUMMARY STATEMENTS AND ENVELOPES FOR BALLOT
RETURNS; ELECTION OFFICIALS TO FURNISH.
Subdivision 1.
Summary statements.
For state electionsnew text begin in jurisdictions in which
the ballots are counted by handnew text end , deleted text begin each official responsible for printing ballotsdeleted text end new text begin the county
auditornew text end shall furnish three or more blank summary statement forms for the returns of
those ballots for each precinct. At least two copies of the summary statement must be
prepared for elections not held on the same day as the state elections. The blank summary
statement forms shall be furnishednew text begin by the same official,new text end at the same timenew text begin ,new text end and in the same
manner as the ballots. deleted text begin The county auditor shall furnish blank summary statement forms
containing separate space for the summary statement of the returns of the white ballot and
the summary statement of the returns for the state pink ballot.
deleted text end
Subd. 2.
Summary statements; contents.
The blank summary statement forms
furnished to each precinct shall identify the precinct, ward number if any, city, school
district if applicable, or town, date, and kind of election and, under appropriate headings
deleted text begin identifying each color ballotdeleted text end , shall contain spaces for the election judges to enter the
information required by section 204C.24, subdivision 1.
Each blank summary statement form shall also contain a certificate to be signed by
the election judges stating that the national flag was displayed on a suitable staff during
voting hours; that all of the ballots cast were properly deleted text begin piled, checked, anddeleted text end counted; and
that the numbers entered by the election judges on the summary statements correctly show
the number of votes cast for each candidate and for and against each question.
Subd. 3.
Secretary of state.
deleted text begin On or before July 1deleted text end new text begin No later than ten weeks before
the state primary new text end of each even-numbered year, the secretary of state shall prescribe the
form for summary statements of election returns and the methods by which returns for the
state primary and state general election shall be recorded by precinct, county, and state
election officials. Each county auditor and municipal or school district clerk required to
furnish summary statements shall prepare them in the manner prescribed by the secretary
of state. The summary statement of the primary returns shall be in the same form as
the summary statement of the general election returns except that a separate part of the
summary statement shall be provided for the partisan new text begin races on the new text end primary ballot and a
separate part for the nonpartisan new text begin races on the new text end primary ballot.
Subd. 4.
Envelopes for counted ballots.
Each official responsible for printing
ballots shall also furnish envelopes to contain those ballots after they have been counted.
The envelopes shall be made of heavy paperdeleted text begin , printed or marked to distinguish the color of
the ballots to be contained in themdeleted text end . They shall be of convenient size to hold the ballots
and shall be furnished at the same time and in the same manner as the ballots.
Sec. 120.
Minnesota Statutes 2008, section 204C.27, is amended to read:
204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
new text begin Subdivision 1. new text end
new text begin Election supplies. new text end
One or more of the election judges in each
precinct shall deliver two sets of summary statements; all spoiled deleted text begin white, pink, canary,
and graydeleted text end ballots; and the envelopes containing the deleted text begin white, pink, canary, and graydeleted text end new text begin new text end new text begin votednew text end
ballots either directly to the municipal clerk for transmittal to the county auditor's office
or directly to the county auditor's office as soon as possible after the vote counting is
completed but no later than 24 hours after the end of the hours for voting. One or more
election judges shall deliver the remaining set of summary statements and returns, all
unused and spoiled deleted text begin municipal and school district ballots, the envelopes containing
municipal and school districtdeleted text end ballots, and all other things furnished by the municipal or
school district clerk, to the municipal or school district clerk's office within 24 hours after
the end of the hours for voting. The municipal or school district clerk shall return all
polling place rosters and completed voter registration cards to the county auditor within 48
hours after the end of the hours for voting.
new text begin Subd. 2. new text end
new text begin Rejected absentee ballots. new text end
new text begin
All absentee ballots that were rejected and
their accompanying absentee ballot applications must be delivered to the county auditor
within 48 hours after the end of the hours for voting.
new text end
Sec. 121.
Minnesota Statutes 2008, section 204C.28, subdivision 3, is amended to read:
Subd. 3.
School district returns and materials.
At a school district election held in
conjunction with a state election, the county auditor or municipal clerk shall deliver the
summary statements of the school district election returnsdeleted text begin , all unused and spoiled school
district ballots, and the envelope containing the school district ballotsdeleted text end from each precinct
to the clerk of the appropriate school district within 48 hours after the polls close.
Sec. 122.
Minnesota Statutes 2008, section 204C.30, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin Review of rejected absentee ballots. new text end
new text begin
Before the meeting of the county
canvassing board to canvass the results of the state general election, the county auditor
must review any absentee ballots that were marked rejected to determine whether any
were rejected in error. If the county canvassing board agrees that a ballot was rejected in
error, the board must publicly open the return and ballot envelopes and initial and count
the ballot to include the votes in all races in the results canvassed by the board. The county
canvassing board must protect the privacy of voters' choices to the extent practicable.
new text end
Sec. 123.
Minnesota Statutes 2008, section 204C.30, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin Election results reporting; state primary and general elections. new text end
new text begin
For
state primary and general elections, the county auditor shall enter the votes in each
precinct for the questions and offices voted on into the election results reporting system
provided by the secretary of state.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end
Sec. 124.
Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
Subdivision 1.
County canvass.
The county canvassing board shall meet at the
county auditor's office deleted text begin on or before the seventh daydeleted text end new text begin between the third and tenth daysnew text end
following the state general election. After taking the oath of office, the board shall
promptly and publicly canvass the general election returns delivered to the county auditor.
Upon completion of the canvass, the board shall promptly prepare and file with the county
auditor a report which states:
(a) the number of individuals voting at the election in the county and in each precinct;
(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;
(c) the names of the candidates for each office and the number of votes received
by each candidate in the county and in each precinctdeleted text begin , including write-in candidates for
state and federal office who have requested under section 204B.09 that votes for those
candidates be tallieddeleted text end ;
(d) the number of votes counted for and against a proposed change of county lines
or county seat; and
(e) the number of votes counted for and against a constitutional amendment or other
question in the county and in each precinct.
The result of write-in votes cast on the general election ballots must be compiled by
the county auditor before the county canvass, except that write-in votes for a candidate for
new text begin federal, new text end statenew text begin ,new text end or deleted text begin federaldeleted text end new text begin countynew text end office must not be counted unless the candidate has timely
filed a request under section 204B.09, subdivision 3. The county auditor shall arrange
for each municipality to provide an adequate number of election judges to perform this
duty or the county auditor may appoint additional election judges for this purpose. The
county auditor may open the envelopes or containers in which the voted ballots have been
sealed in order to count and record the write-in votes and must reseal the voted ballots at
the conclusion of this process. new text begin The county auditor must prepare a separate report of votes
received by precinct for write-in candidates for federal, state, and county offices who have
requested under section 204B.09 that votes for those candidates be tallied.
new text end
Upon completion of the canvass, the county canvassing board shall declare the
candidate duly elected who received the highest number of votes for each county and state
office voted for only within the county. The county auditor shall transmit deleted text begin one of thedeleted text end new text begin anew text end
certified deleted text begin copiesdeleted text end new text begin copynew text end of the county canvassing board report for state and federal offices to
the secretary of state by new text begin messenger, new text end express mailnew text begin ,new text end or similar service immediately upon
conclusion of the county canvass.
Sec. 125.
Minnesota Statutes 2008, section 204C.33, subdivision 3, is amended to read:
Subd. 3.
State canvass.
The State Canvassing Board shall meet at the secretary of
state's office on the deleted text begin seconddeleted text end new text begin third new text end Tuesday following the state general election to canvass
the certified copies of the county canvassing board reports received from the county
auditors and shall prepare a report that states:
(a) the number of individuals voting in the state and in each county;
(b) the number of votes received by each of the candidates, specifying the counties
in which they were cast; and
(c) the number of votes counted for and against each constitutional amendment,
specifying the counties in which they were cast.
All members of the State Canvassing Board shall sign the report and certify its
correctness. The State Canvassing Board shall declare the result within three days after
completing the canvass.
Sec. 126.
Minnesota Statutes 2008, section 204C.35, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Automaticdeleted text end new text begin Requirednew text end recounts.
(a) In a state primary when the
difference between the votes cast for the candidates for nomination to a statewide federal
office, state constitutional office, statewide judicial office, congressional office, state
legislative office, or district judicial office:
(1) is less than deleted text begin one-halfdeleted text end new text begin one-quarternew text end of one percent of the total number of votes
counted for that nomination; or
(2) is ten votes or less and the total number of votes cast for the nomination is 400
votes or less;
and the difference determines the nomination, the canvassing board with responsibility
for declaring the results for that office shall manually recount the votenew text begin upon receiving
a written request from the candidate whose nomination is in question. Immediately
following the canvassing board meeting of the board that has responsibility for canvassing
the results of the nomination, the filing officer must notify the candidate that the candidate
has the option to request a recount of the votes at no cost to the candidate. This written
request must be received by the filing officer during the time for notice of contest of the
primary for which a recount is being soughtnew text end .
(b) In a state general election when the difference between the votes of a candidate
who would otherwise be declared elected to a statewide federal office, state constitutional
office, statewide judicial office, congressional office, state legislative office, or district
judicial office and the votes of any other candidate for that office:
(1) is less than deleted text begin one-halfdeleted text end new text begin one-quarternew text end of one percent of the total number of votes
counted for that office; or
(2) is ten votes or less if the total number of votes cast for the office is 400 votes or
less,
the canvassing board shall manually recount the votesnew text begin upon receiving a written request
from the candidate whose election is in question. Immediately following the canvassing
board meeting of the board that has responsibility for canvassing the results of the general
election, the filing officer must notify the candidate that the candidate has the option
to request a recount of the votes at no cost to the candidate. This written request must
be received by the filing officer during the time for notice of contest of the election for
which a recount is being soughtnew text end .
(c) A recount must not delay any other part of the canvass. The results of the recount
must be certified by the canvassing board as soon as possible.
(d) Time for notice of a contest for an office which is recounted pursuant to this
section shall begin to run upon certification of the results of the recount by the canvassing
board.
deleted text begin
(e) A losing candidate may waive a recount required pursuant to this section by
filing a written notice of waiver with the canvassing board.
deleted text end
Sec. 127.
Minnesota Statutes 2008, section 204C.35, subdivision 2, is amended to read:
Subd. 2.
Discretionary candidate recount.
(a) A losing candidate whose name was
on the ballot for nomination or election to a statewide federal office, state constitutional
office, statewide judicial office, congressional office, state legislative office, or district
judicial office may request a recount in a manner provided in this section at the candidate's
own expense when the vote difference is greater than the difference required by deleted text begin this
sectiondeleted text end new text begin subdivision 1new text end . The votes shall be manually recounted as provided in this section
if the candidate files a request during the time for filing notice of contest of the primary
or election for which a recount is sought.
(b) The requesting candidate shall file with the filing officer a bond, cash, or surety
in an amount set by the filing officer for the payment of the recount expenses. The
requesting candidate is responsible for the following expenses: the compensation of the
secretary of state, or designees, and any election judge, municipal clerk, county auditor,
administrator, or other personnel who participate in the recount; deleted text begin the costs of computer
operation, preparation of ballot counting equipment,deleted text end necessary supplies and travel
related to the recount; the compensation of the appropriate canvassing board and costs of
preparing for the canvass of recount results; and any attorney fees incurred in connection
with the recount by the governing body responsible for the recount.
(c) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after these
precincts have been counted. If the candidate provides a list, the recount official must
determine the expenses for those precincts in the manner provided by paragraph (b).
(d) If the winner of the race is changed by the optional recount, the cost of the
recount must be paid by the jurisdiction conducting the recount.
(e) If a result of the vote counting in the manual recount is different from the result
of the vote counting reported on election day by a margin greater than the standard for
acceptable performance of voting systems provided in section 206.89, subdivision 4, the
cost of the recount must be paid by the jurisdiction conducting the recount.
Sec. 128.
Minnesota Statutes 2008, section 204C.35, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin Filing officer. new text end
new text begin
For the purposes of this section, the secretary of state is
the filing officer for candidates for all federal offices and for state offices voted on in
more than one county. The county auditor is the filing officer for state offices voted on
in only one county.
new text end
Sec. 129.
Minnesota Statutes 2008, section 204C.36, subdivision 1, is amended to read:
Subdivision 1.
Required recounts.
(a) Except as provided in paragraph (b)new text begin and
(c)new text end , a losing candidate for nomination or election to a county, municipal, or school district
office may request a recount of the votes cast for the nomination or election to that office if
the difference between the vote cast for that candidate and for a winning candidate for
nomination or election is less than deleted text begin one-halfdeleted text end new text begin one-quarternew text end of one percent of the total votes
counted for that office. In case of offices where two or more seats are being filled from
among all the candidates for the office, the deleted text begin one-halfdeleted text end new text begin one-quarternew text end of one percent difference
is between the elected candidate with the fewest votes and the candidate with the most
votes from among the candidates who were not elected.
(b) new text begin A losing candidate for nomination or election to a county, municipal, or school
district office may request a recount of the votes cast for nomination or election to that
office if the difference between the votes cast for that candidate and for a winning
candidate for nomination or election is less than one-half of one percent of the total votes
counted for that office, and the total number of votes cast for the nomination or election
of all candidates is more than 400 but less than 25,000. In cases of offices where two or
more seats are being filled from among all the candidates for the office, the one-half of one
percent difference is between the elected candidate with the fewest votes and the candidate
with the most votes from among the candidates who were not elected.
new text end
new text begin (c) new text end A losing candidate for nomination or election to a county, municipal, or school
district office may request a recount of the votes cast for nomination or election to that
office if the difference between the vote cast for that candidate and for a winning candidate
for nomination or election is ten votes or less, and the total number of votes cast for the
nomination or election of all candidates is no more than 400. In cases of offices where two
or more seats are being filled from among all the candidates for the office, the ten vote
difference is between the elected candidate with the fewest votes and the candidate with
the most votes from among the candidates who were not elected.
deleted text begin (c)deleted text end new text begin (d)new text end Candidates for county offices shall file a written request for the recount
with the county auditor. Candidates for municipal or school district offices shall file
a written request with the municipal or school district clerk as appropriate. All requests
shall be filed during the time for notice of contest of the primary or election for which a
recount is sought.
deleted text begin (d)deleted text end new text begin (e)new text end Upon receipt of a request made pursuant to this section, the county auditor
shall recount the votes for a county office at the expense of the county, the governing
body of the municipality shall recount the votes for a municipal office at the expense of
the municipality, and the school board of the school district shall recount the votes for a
school district office at the expense of the school district.
Sec. 130.
Minnesota Statutes 2008, section 204C.36, subdivision 3, is amended to read:
Subd. 3.
Discretionary ballot question recounts.
A recount may be conducted
for a ballot question when the difference between the votes for and the votes against the
question is less than or equal to the difference provided in subdivision 1. A recount may
be requested by any person eligible to vote on the ballot question. A written request for a
recount must be filed with the filing officer of the county, municipality, or school district
placing the question on the ballot and must be accompanied by a petition containing the
signatures of 25 voters eligible to vote on the question. new text begin Upon receipt of a written request
when the difference between the votes for and the votes against the question is less than or
equal to the difference provided in subdivision 1, the county auditor shall recount the votes
for a county question at the expense of the county, the governing body of the municipality
shall recount the votes for a municipal question at the expense of the municipality, and the
school board of the school district shall recount the votes for a school district question at
the expense of the school district. new text end If the difference between the votes for and the votes
against the question is greater than the difference provided in subdivision 1, the person
requesting the recount shall also file with the filing officer of the county, municipality, or
school district a bond, cash, or surety in an amount set by the appropriate governing body
for the payment of recount expenses. The written request, petition, and any bond, cash,
or surety required must be filed during the time for notice of contest for the election for
which the recount is requested.
Sec. 131.
Minnesota Statutes 2008, section 204C.36, subdivision 4, is amended to read:
Subd. 4.
Expenses.
In the case of a question, a person, or a candidate requesting a
discretionary recount, is responsible for the following expenses: the compensation of the
secretary of state, or designees, and any election judge, municipal clerk, county auditor,
administrator, or other personnel who participate in the recount; deleted text begin the costs of computer
operation, preparation of ballot counting equipment,deleted text end necessary supplies and travel
related to the recount; the compensation of the appropriate canvassing board and costs of
preparing for the canvass of recount results; and any attorney fees incurred in connection
with the recount by the governing body responsible for the recount.
Sec. 132.
new text begin
[204C.363] CANDIDATE REPRESENTATIVES.
new text end
new text begin Subdivision 1. new text end
new text begin Requirements of representatives. new text end
new text begin
Individuals acting as candidate
representatives in a recount must be registered to vote in this state, must provide written
authorization from the candidate to the recount official before being allowed to challenge
a ballot, and may not challenge a ballot until they have successfully completed training
provided by the recount official. Only one representative per candidate per precinct
being recounted simultaneously is allowed in the area of the room in which the recount
is taking place.
new text end
new text begin Subd. 2. new text end
new text begin Obstructing recount; violations; penalty. new text end
new text begin
The recount official may
instruct any candidate or candidate's representative who obstructs or interferes with
the recount to leave the room in which the recount is taking place. Any candidate or
candidate's representative who obstructs or interferes with the conduct of a recount or who
violates any provision of this section is guilty of a petty misdemeanor.
new text end
Sec. 133.
Minnesota Statutes 2008, section 204C.37, is amended to read:
204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
STATE.
deleted text begin Two copiesdeleted text end new text begin A copynew text end of the deleted text begin reportsdeleted text end new text begin reportnew text end required by sections 204C.32, subdivision
1, and 204C.33, subdivision 1, shall be certified under the official seal of the county
auditor. deleted text begin Eachdeleted text end new text begin Thenew text end copy shall be enclosed in an envelope addressed to the secretary
of state, with the county auditor's name and official address and the words "Election
Returns" endorsed on the envelope. The copy of the canvassing board report deleted text begin not sent by
express maildeleted text end and the precinct summary statements must be deleted text begin maileddeleted text end new text begin sent by express mailnew text end
or delivered to the secretary of state. If deleted text begin neitherdeleted text end new text begin thenew text end copy is new text begin not new text end received by the secretary
of state within ten days following the applicable election, the secretary of state shall
immediately notify the county auditor, who shall deliver another copy to the secretary of
state by special messenger.
Sec. 134.
Minnesota Statutes 2008, section 204D.03, subdivision 1, is amended to read:
Subdivision 1.
State primary.
The state primary shall be held on the deleted text begin firstdeleted text end new text begin secondnew text end
Tuesday deleted text begin after the second Mondaydeleted text end in deleted text begin Septemberdeleted text end new text begin Junenew text end in each even-numbered year to
select the nominees of the major political parties for partisan offices and the nominees for
nonpartisan offices to be filled at the state general election, other than presidential electors.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 135.
Minnesota Statutes 2008, section 204D.03, subdivision 3, is amended to read:
Subd. 3.
Exception; certain partisan candidates.
deleted text begin
(a) If no more than one
candidate files for nomination by a major political party for a partisan office, the candidate
who filed must be declared the nominee upon the close of filing. If every candidate for a
partisan office has been declared the nominee upon the close of filing, the office must be
omitted from the state primary ballot. If all offices, both partisan and nonpartisan, have
been omitted from the state primary ballot in a municipality or county, the governing body
of the municipality or county may decide that the state primary will not be conducted in
that municipality or county.
deleted text end
deleted text begin (b)deleted text end Within 15 days after the close of filing, each municipal clerk or county auditor
whose governing body has decided new text begin in accordance with section 204D.08, subdivision 4,new text end not
to conduct the state primary shall post notice that the offices have been so omitted and the
state primary canceled and shall send a copy of the notice to the secretary of state.
Sec. 136.
Minnesota Statutes 2008, section 204D.04, subdivision 2, is amended to read:
Subd. 2.
Instructions to printer; printer's bond.
(a) The official charged with
the preparation and distribution of the ballots shall prepare instructions to the printer for
rotation of the names of candidates and for layout of the ballot.
(b) Except as provided in paragraph (c), the instructions shall be approved by the
legal advisor of the official before delivery to the printer.
(c) The legal advisor of a town official is not required to approve instructions
regarding the rotation of the names of candidates on the ballot or the layout of the ballot.
(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer
shall furnishnew text begin , if requested by the official,new text end a sufficient bond, letter of credit, or certified
check, acceptable to the official responsible for printing the ballots, conditioned on
printing the ballots in conformity with the Minnesota Election Law and the instructions
delivered. The official responsible for printing the ballots shall set the amount of the bond,
letter of credit, or certified check in an amount equal to the value of the purchase.
Sec. 137.
new text begin
[204D.045] BALLOTS; FORM.
new text end
new text begin Subdivision 1. new text end
new text begin Type. new text end
new text begin
All ballots must be printed with black ink on white paper of
sufficient thickness to prevent the printing from being discernible from the back, except
that marks not to be read by the automatic tabulating equipment may be printed in another
color ink. All ballots must be printed in easily readable type with suitable lines dividing
candidates, offices, instructions, and other matter printed on ballots.
new text end
new text begin Subd. 2. new text end
new text begin Titles. new text end
new text begin
On the top of all ballots must be printed the words "Official
Ballot," the date of the election, and lines for the initials of at least two election judges.
The instructions must read:
new text end
new text begin
"To vote, completely fill in the oval(s) next to your choice(s) like this:" with the picture
of a completed oval; or "To vote, complete the arrow(s) pointing to your choice(s) like
this:" with the picture of a completed arrow. Additional instructions must include the
following statement: "If you make a mistake, ask for a new ballot." Directly underneath
the official title of each office must be printed the words "Vote for one" or "Vote for up
to ..." (any greater number to be elected).
new text end
new text begin Subd. 3. new text end
new text begin Candidates and offices. new text end
new text begin
The name of each candidate must be printed at a
right angle to the length of the ballot. The name of each candidate must be printed in upper
and lower case letters. Candidates' names may be set in as large type as the length of the
majority of names on the ballot permits. The remaining candidates' names may be set in
smaller sizes of type as the length of each name requires, in order to fit the available space
on the ballot. At a general election, the name of the political party or the political principle
of each candidate for partisan office must be printed below the name of the candidate. The
name of a political party or a political principle must be printed in capital and lowercase
letters of the same type. At a general election, blank lines containing the words "write-in,
if any" must be printed below the name of the last candidate for each office, or below the
title of the office if no candidate has filed for that office, so that a voter may write in the
names of individuals whose names are not on the ballot. One blank line must be printed
for each officer of that kind to be elected. At a primary, no blank lines may be provided for
writing in the names of individuals whose names do not appear on the primary ballot.
new text end
new text begin
In a column, and on a line with the names of the candidates and the blank lines, there
must be placed ovals or arrows, each oval or arrow to be of the same size, located as close
as possible to the name of the candidate or the words yes or no, in which the voter may
designate a vote by completely filling in the oval or connecting the arrow.
new text end
new text begin Subd. 4. new text end
new text begin Question; form of ballot. new text end
new text begin
When a question is to be submitted to a vote, a
concise statement of the nature of the question must be printed on the ballot. The words,
"Yes" and "No" must be printed, with an oval or arrow next to each word so that the voter
may indicate either a negative or affirmative vote.
new text end
new text begin Subd. 5. new text end
new text begin Judicial candidates. new text end
new text begin
The official ballot must contain the names of all
candidates for each judicial office and must state the number of those candidates for
whom a voter may vote. Each seat for an associate justice, associate judge, or judge of the
district court must be numbered.
new text end
new text begin
The words "Supreme Court," "Court of Appeals," and "(number) District Court" must be
printed above the respective judicial office groups on the ballot. The title of each judicial
office must be printed on the official primary and general election ballot as follows:
new text end
new text begin
(a) In the case of the Supreme Court:
new text end
new text begin
"Chief Justice";
new text end
new text begin
"Associate Justice (number)";
new text end
new text begin
(b) In the case of the Court of Appeals:
new text end
new text begin
"Judge (number)"; or
new text end
new text begin
(c) In the case of the District Court:
new text end
new text begin
"Judge (number)."
new text end
new text begin Subd. 6. new text end
new text begin Designation of incumbent; judicial offices. new text end
new text begin
If a chief justice, associate
justice, or judge is a candidate to succeed again, the word "Incumbent" must be printed
after or below that judge's name as a candidate.
new text end
Sec. 138.
new text begin
[204D.046] NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE
WORDS.
new text end
new text begin
When the similarity of surnames of two or more candidates for the same office
at the same election may cause confusion to voters because the candidates also have
similar first names, up to three additional words may be printed on the ballot after each
surname to indicate the candidate's occupation, office, residence, or any combination
of them if the candidate furnishes the identifying words to the filing officer by the last
day for withdrawal of candidacy.
new text end
Sec. 139.
new text begin
[204D.047] SUBSTITUTE BALLOTS.
new text end
new text begin
If a sufficient number of official ballots are not delivered or if the official ballots
are stolen or destroyed and a sufficient number of official ballots cannot be procured, the
official in charge of preparing the official ballots shall prepare substitute ballots in the
form prescribed by this section. The substitute ballots must be prepared in the same form
as official ballots as far as practicable. The word "Substitute" must be printed in brackets
immediately above the words "Official Ballot." When the substitute ballots are delivered
to the municipal clerks or election judges they must be accompanied by an initialed
affidavit of the officer preparing them. The affidavit must state that the substitute ballots
have been prepared and furnished in the manner prescribed by this section and must state
the reason why sufficient official ballots were not ready for delivery. The election judges
shall include this affidavit with the election returns from that precinct.
new text end
Sec. 140.
new text begin
[204D.048] PAPER COLOR FOR SAMPLE BALLOTS; PENALTY.
new text end
new text begin
No sample ballot may be printed on white paper except when appearing in a
newspaper as news matter. A violation of this section is a misdemeanor.
new text end
Sec. 141.
Minnesota Statutes 2008, section 204D.05, subdivision 3, is amended to read:
Subd. 3.
County auditor to prepare.
The county auditor of each county shall
prepare the state deleted text begin partisandeleted text end primary ballot and deleted text begin the state and county nonpartisan primary
ballotdeleted text end new text begin provide all sample ballots, precinct summary statements, printed forms, and other
necessary suppliesnew text end .
Sec. 142.
Minnesota Statutes 2008, section 204D.07, is amended to read:
204D.07 PLACING NAMES ON BALLOTS.
Subdivision 1.
Duties of county auditor.
Except as provided in subdivisions 2 and
3, the county auditor shall new text begin list in the appropriate new text end place on the deleted text begin appropriatedeleted text end state primary
ballot the name of each candidate who has properly filed an affidavit of candidacy with
the auditor and of each candidate certified by the secretary of state pursuant to section
204D.06.
Subd. 2.
Exception; petition candidates.
The name of a candidate nominated by
petition shall not be placed on deleted text begin anydeleted text end new text begin thenew text end state primary ballot.
Subd. 3.
Exception; certain nonpartisan candidate.
If not more than twice the
number of individuals to be elected to a nonpartisan office file for the nomination, their
names and the name of the office shall be omitted from the state deleted text begin and county nonpartisandeleted text end
primary ballot and the candidates who filed shall be the nominees.
Sec. 143.
Minnesota Statutes 2008, section 204D.08, is amended to read:
204D.08 STATE PRIMARY BALLOTS.
Subdivision 1.
Form.
Except as provided in this section, state primary ballots deleted text begin shalldeleted text end new text begin
mustnew text end be printed in the same manner as state general election ballots as far as practicable.
A sufficient number deleted text begin shalldeleted text end new text begin mustnew text end be printed for each precinct and ward in the state.
The secretary of state shall adopt rules for the format and preparation of the state
primary ballot.
new text begin Subd. 1a. new text end
new text begin Heading; voter instructions; partisan and nonpartisan sections. new text end
new text begin
The
state primary ballot must be headed by the words "State Primary Ballot." If a primary
ballot contains both a partisan and a nonpartisan section, the instructions to voters must
include a statement that reads substantially as follows: "This ballot contains a partisan and
a nonpartisan section. On the partisan section, you are only allowed to vote for candidates
of one political party." If only partisan races are listed on the ballot, above the party
names, the following statement must be printed. "You are only allowed to vote for the
candidates of one political party in a primary." If a primary ballot contains political party
columns on both sides of the ballot, the instructions to voters must include a statement
that reads substantially as follows: "Additional political parties are printed on the other
side of this ballot. Vote for one political party only." At the bottom of each political party
column on the primary ballot, the ballot must contain a statement that reads substantially
as follows: "Continue voting in the nonpartisan section."
new text end
Subd. 2.
Blank lines prohibited.
At a primary deleted text begin electiondeleted text end , no blank lines shall
be provided for writing in the names of individuals whose names do not appear on the
primary ballot.
Subd. 3.
Rotation of names.
On state primary ballots the name of each candidate
for nomination to a partisan or nonpartisan office shall be rotated with the names of the
other candidates for nomination to that office new text begin in various precincts new text end so that the name of each
candidate appears substantially an equal number of times at the top, at the bottom, and
at each intermediate place in that group of candidates. new text begin However, the arrangement of
candidates' names must be the same on all ballots used in the same precinct. If the number
of names to be rotated exceeds the number of precincts, the county auditor shall determine
by lot the rotation of names. new text end If the number of candidates for an office is equal to or less
than the number to be elected, no rotation of candidate names is required and the official
preparing the ballot shall determine the position of the candidates by lot.
Subd. 4.
State deleted text begin partisandeleted text end primary ballot; party columns.
deleted text begin The state partisan primary
ballot shall be headed by the words "State Partisan Primary Ballot." The ballot shall be
printed on white paper.deleted text end There must be at least three vertical columns on the ballot and
each major political party shall have a separate column headed by the words "..........
Party," giving the party name. deleted text begin Above the party names, the following statement shall be
printed.deleted text end new text begin More than one column may be used for the same office or party.
new text end
deleted text begin
"Minnesota Election Law permits you to vote for the candidates of only one political
party in a state partisan primary election."
deleted text end
If there are only two major political parties to be listed on the ballot, one party must
occupy the left-hand column, the other party must occupy the right-hand column, and the
center column must contain the following statement:
"Do not vote for candidates of more than one party."
The names of the candidates seeking the nomination of each major political party
shall be listed in that party's column. If only one individual files an affidavit of candidacy
seeking the nomination of a major political party for an office, the name of that individual
shall be placed on the state deleted text begin partisandeleted text end primary ballot at the appropriate location in that
party's column.
deleted text begin
In each column, the candidates for senator in Congress shall be listed first, candidates
for representative in Congress second, candidates for state senator third, candidates for
state representative fourth and then candidates for state office in the order specified by
the secretary of state.
deleted text end
new text begin
If no more than one candidate files for nomination by a major political party for a
partisan office, the candidate who filed must be declared the nominee upon the close of
filing. If every candidate for a partisan office has been declared the nominee upon the
close of filing, the office must be omitted from the state primary ballot. If all offices, both
partisan and nonpartisan, have been omitted from the state primary ballot in a municipality
or county, the governing body of the municipality or county may decide that the state
primary will not be conducted in that municipality or county.
new text end
The party columns shall be substantially the same in width, type, and appearance.
The columns shall be separated by a deleted text begin 12-pointdeleted text end solid line.
Subd. 5.
Party columns; arrangement.
The names of candidates for nomination of
the major political party that received the smallest average vote at the last state general
election must be placed in the first column on the left side of the ballot. The names of
candidates for nomination of the major political party that received the next smallest
average vote at the last state general election must be placed in the second column, and
so on. The average vote shall be computed in the manner provided in section 204D.13,
subdivision 2.
Subd. 6.
deleted text begin State and countydeleted text end Nonpartisan deleted text begin primary ballotdeleted text end new text begin sectionnew text end .
deleted text begin
The state and
county nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary
Ballot." It shall be printed on canary paper. The names of candidates for nomination to the
Supreme Court, Court of Appeals, district court, and all county offices shall be placed
on this ballot.
deleted text end
No candidate whose name is placed on the deleted text begin state and countydeleted text end nonpartisan deleted text begin primary
ballotdeleted text end new text begin sectionnew text end shall be designated or identified as the candidate of any political party or
in any other manner except as expressly provided by law.
Sec. 144.
Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read:
Subd. 2.
Sample ballot.
At least two weeks before the state primary the county
auditor shall prepare a sample state deleted text begin partisandeleted text end primary ballot deleted text begin and a sample state and county
nonpartisan primary ballotdeleted text end for public inspection. The names of all of the candidates to
be voted for in the county shall be placed on the sample ballots, with the names of the
candidates for each office arranged deleted text begin alphabetically according to the surnamedeleted text end new text begin in the base
rotation as determined by section 204D.08, subdivision 3new text end . Only one sample state deleted text begin partisandeleted text end
primary ballot deleted text begin and one sample state and county nonpartisan ballotdeleted text end shall be prepared for
any county. The county auditor shall post the sample ballots in a conspicuous place in the
auditor's office and shall cause them to be published at least one week before the state
primary in at least one newspaper of general circulation in the county.
Sec. 145.
Minnesota Statutes 2008, section 204D.10, subdivision 1, is amended to read:
Subdivision 1.
Partisan offices; nominees.
The candidate for nomination of a
major political party for a partisan office on the state deleted text begin partisandeleted text end primary ballot who receives
the highest number of votes shall be the nominee of that political party for that officedeleted text begin ,
except as otherwise provided in subdivision 2deleted text end .
Sec. 146.
Minnesota Statutes 2008, section 204D.10, subdivision 3, is amended to read:
Subd. 3.
Nonpartisan offices; nominees.
The candidates for each new text begin nonpartisan
new text end office on the state deleted text begin and county nonpartisandeleted text end primary ballot receiving the highest and the
next highest number of votes shall be the nominees for that office. When more than one
individual is to be elected to the same nonpartisan office, the number of nominees shall
be equal to twice the number of individuals to be elected, and that number of candidates
receiving the highest number of votes shall be the nominees for that office.
Sec. 147.
Minnesota Statutes 2008, section 204D.11, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Whitedeleted text end Ballot; rules.
deleted text begin The names of the candidates for all partisan
offices voted on at the state general election shall be placed on a single ballot printed on
white paper which shall be known as the "white ballot." Thisdeleted text end new text begin The state general electionnew text end
ballot shall be prepared by the county auditor subject to the rules of the secretary of state.
The secretary of state shall adopt rules for preparation and time of delivery of the deleted text begin whitedeleted text end
ballot.
Sec. 148.
Minnesota Statutes 2008, section 204D.12, is amended to read:
204D.12 NAMES PLACED ON GENERAL ELECTION BALLOTS.
Without payment of an additional fee, the county auditor shall place on the
appropriate state general election ballot the name of every candidate:
(a) whose nomination at the state primary has been certified by the appropriate
canvassing board;
(b) who has been nominated by petition, including candidates certified by the
secretary of state; and
(c) who was nominated and whose name was omitted from the state deleted text begin nonpartisandeleted text end
primary ballot pursuant to section 204D.07, subdivision 3new text begin , or 204D.08, subdivision 4new text end .
Only the names of duly nominated candidates may be placed on a ballot.
Sec. 149.
Minnesota Statutes 2008, section 204D.13, is amended to read:
204D.13 deleted text begin WHITEdeleted text end new text begin STATE GENERAL ELECTION new text end BALLOT; deleted text begin PARTISANdeleted text end
OFFICESnew text begin ; CANDIDATESnew text end .
Subdivision 1.
new text begin Ballot headings. new text end
new text begin
The state general election ballot must be headed
with the words "State General Election Ballot."
new text end
new text begin Subd. 1a. new text end
Order of offices.
The candidates deleted text begin for partisan officesdeleted text end shall be placed on the
deleted text begin whitedeleted text end new text begin state general election new text end ballot in the following order: deleted text begin senator in Congress shall be first;
representative in Congress, second; state senator, third; and state representative, fourth.
The candidates for state offices shall follow in the order specified by the secretary of statedeleted text end new text begin
federal offices; state legislative offices; constitutional offices; proposed constitutional
amendments; county offices and questions; municipal offices and questions; school
district offices and questions; special district offices and questions; and judicial officesnew text end .
Candidates for new text begin president and vice president and new text end governor and lieutenant governor shall
appear so that a single vote may be cast for both offices.
Subd. 2.
Order of political parties.
The first name printed for each partisan office
on the deleted text begin whitedeleted text end ballot shall be that of the candidate of the major political party that received
the smallest average number of votes at the last state general election. The succeeding
names shall be those of the candidates of the other major political parties that received
a succeedingly higher average number of votes respectively. For the purposes of this
subdivision, the average number of votes of a major political party shall be computed by
dividing the total number of votes counted for all of the party's candidates for statewide
office at the state general election by the number of those candidates at the election.
Subd. 3.
Nominees by petition; placement on ballot.
The names of candidates
nominated by petition for a partisan office voted on at the state general election shall be
placed on the deleted text begin whitedeleted text end ballot after the names of the candidates for that office who were
nominated at the state primary. Prior to the state primary, the secretary of state shall
determine by lot the order of candidates nominated by petition. The drawing of lots must
be by political party or principle. The political party or political principle of the candidate
as stated on the petition shall be placed after the name of a candidate nominated by
petition. The word "nonpartisan" shall not be used to designate any partisan candidate
whose name is placed on the white ballot by nominating petition.
new text begin Subd. 4. new text end
new text begin Order of nonpartisan candidates. new text end
new text begin
The names of candidates for
nonpartisan offices must be alternated in the manner provided for alternation of names of
partisan candidates on state primary ballots by section 204D.08, subdivision 4. Judicial
offices for a specific court for which there is only one candidate filed must appear after
all other judicial offices for that same court on the ballot.
new text end
new text begin Subd. 5. new text end
new text begin Constitutional amendments. new text end
new text begin
The secretary of state shall provide an
appropriate title for each question. The title must be approved by the attorney general and
consist of not more than one printed line above the question to which it refers. Just below
the title, a conspicuous notice must be printed stating that a voter's failure to vote on a
constitutional amendment has the effect of a negative vote.
new text end
new text begin Subd. 6. new text end
new text begin Additional pages. new text end
new text begin
When it would not be possible to place all offices on a
single ballot, the judicial offices may be placed instead on a separate ballot. This ballot
must be prepared by the county auditor in the manner provided in the rules of the secretary
of state and must be headed with the words: "Judicial General Election Ballot."
new text end
Sec. 150.
new text begin
[204D.135] FEDERAL-ONLY BALLOT.
new text end
new text begin
(a) The names of all candidates for the offices of president and vice president of
the United States and senator and representative in Congress must be placed on a ballot
printed on white paper which must be known as the "federal-only ballot."
new text end
new text begin
(b) This ballot must be prepared by the county auditor in the same manner as the
state general election ballot and is subject to the rules adopted by the secretary of state.
This ballot must be prepared and furnished in accordance with the federal Uniformed and
Overseas Citizens Absentee Voting Act, United States Code, title 42, section 1973ff.
new text end
new text begin
(c) The federal-only ballot must be headed with the words "State General Election
Ballot."
new text end
new text begin
(d) The federal-only ballot must be the only ballot sent to citizens of the United
States who are eligible to vote by absentee ballot only for federal candidates in Minnesota.
new text end
Sec. 151.
Minnesota Statutes 2008, section 204D.16, is amended to read:
204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING;
PUBLICATION.
Two weeks before the state general election the county auditor shall prepare sample
copies of deleted text begin the white and canarydeleted text end ballots new text begin with the names of the candidates in the federal,
state, and county races to be voted on in the county new text end and shall post copies deleted text begin of these sample
ballots and a sample of the pink ballotdeleted text end in the auditor's office for public inspection. No
earlier than 15 days and no later than two days before the state general election the county
auditor shall cause the sample deleted text begin white and canarydeleted text end ballots to be published in at least one
newspaper of general circulation in the county.
Sec. 152.
Minnesota Statutes 2008, section 204D.165, is amended to read:
204D.165 SAMPLE BALLOTS TO SCHOOLS.
Notwithstanding any contrary provisions in section 204D.09 or 204D.16, the county
auditor, two weeks before the applicable primary or general election, shall provide one
copy of the sample deleted text begin partisandeleted text end primarydeleted text begin , nonpartisan primary, canary, white,deleted text end or deleted text begin pinkdeleted text end new text begin general
election new text end ballot to a school district upon request. The school district may have the sample
ballots reproduced at its expense for classroom educational purposes and for educational
activities authorized under section 204B.27, subdivision 7.
Sec. 153.
Minnesota Statutes 2008, section 204D.17, is amended to read:
204D.17 deleted text begin REPRESENTATIVE IN CONGRESS; STATE SENATOR; STATE
REPRESENTATIVEdeleted text end new text begin STATE LEGISLATUREnew text end ; VACANCY IN OFFICE; SPECIAL
ELECTION.
Subdivision 1.
Special elections; exceptions.
A vacancy in the office of
deleted text begin representative in Congress ordeleted text end state senator or state representative shall be filled for the
unexpired term by special election upon the writ of the governor as provided in sections
204D.17 to 204D.27; except that if deleted text begin Congress ordeleted text end the legislature will not be in session before
the expiration of the vacant term no special election is required.
Subd. 2.
Two or more vacancies.
Two or more vacancies may be filled at the same
special election and the candidates may be nominated at the same special primary. Any
special primary or special election held pursuant to sections 204D.17 to 204D.27 may be
held on the same day as any other election.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 154.
new text begin
[204D.175] UNITED STATES SENATE; REPRESENTATIVE IN
CONGRESS; VACANCY IN OFFICE.
new text end
new text begin Subdivision 1. new text end
new text begin Special election. new text end
new text begin
(a) Except as otherwise provided in this section
and section 204D.29, a vacancy in the office of United States senator or representative
in Congress shall be filled for the unexpired term at a special election upon the writ of
the governor as provided in section 204D.22. The writ shall be issued within five days
after the vacancy occurs, and the special election held on a Tuesday occurring between 70
and 100 days after issuance of the writ. If a regularly scheduled state primary or general
election will occur within this period, the special election must be held on that date.
new text end
new text begin
(b) A special election held under this section must be held consistent with the
requirements of sections 204D.18 to 204D.27.
new text end
new text begin
(c) Notwithstanding section 204D.21, if a special primary is required, the special
primary must be held no later than 45 days before the special election.
new text end
new text begin Subd. 2. new text end
new text begin Vacancy late in term. new text end
new text begin
If a vacancy in office occurs after July 1 of the year
immediately preceding the year in which the term is to expire, a special election must not
be held. The candidate elected at the state general election to the next term for that office
shall succeed to the office immediately and serve the remainder of the unexpired term.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 155.
Minnesota Statutes 2008, section 204D.19, is amended to read:
204D.19 SPECIAL ELECTIONS; new text begin STATE LEGISLATURE; new text end WHEN HELD.
Subdivision 1.
Vacancy filled at general election.
When a vacancy occursnew text begin in the
office of state senator or state representative new text end more than 150 days before the next state
general election, and deleted text begin the Congress ordeleted text end the legislature will not be in session before the
final canvass of the state general election returns, the vacancy shall be filled at the next
state general election.
Subd. 2.
Special election when deleted text begin Congress ordeleted text end new text begin the new text end legislature will be in session.
Except for vacancies in the legislature which occur at any time between the last day of
session in an odd-numbered year and the 40th day prior to the opening day of session in
the succeeding even-numbered year, when a vacancy occurs new text begin in the office of state senator or
state representative new text end and the deleted text begin Congress ordeleted text end legislature will be in session so that the individual
elected as provided by this section could take office and exercise the duties of the office
immediately upon election, the governor shall issue within five days after the vacancy
occurs a writ calling for a special election. The special election shall be held as soon as
possible, consistent with the notice requirements of section 204D.22, subdivision 3, but in
no event more than 35 days after the issuance of the writ.
Subd. 3.
Special election at other times.
When a vacancy occursnew text begin in the office of
state senator or state representativenew text end at a time other than those described in subdivisions 1
and 2 the governor shall issue a writ, calling for a special election to be held so that the
individual elected may take office at the opening of the next session of deleted text begin the Congress or ofdeleted text end
the legislature, or at the reconvening of a session of deleted text begin the Congress or ofdeleted text end the legislature.
Subd. 4.
Writ when vacancy results from election contest.
If a vacancy results
from a successful election contest, the governor shall issue 22 days after the first day of
the legislative session a writ calling for a special election unless the house in which the
contest may be tried has passed a resolution which states that it will or will not review
the court's determination of the contest. If the resolution states that the house will not
review the court's determination, the writ shall be issued within five days of the passage of
the resolution.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 156.
Minnesota Statutes 2008, section 204D.20, subdivision 1, is amended to read:
Subdivision 1.
Special primary.
Except as provided in subdivision 2, the candidates
of the major political parties to fill a vacancy shall be nominated at a special primary. The
candidate of each party who receives the highest number of votes at the special primary
shall be nominated deleted text begin without reference to the ten percent requirement of section 204D.10,
subdivision 2deleted text end .
Sec. 157.
Minnesota Statutes 2008, section 204D.25, subdivision 1, is amended to read:
Subdivision 1.
Form.
Except as provided in subdivision 2, the county auditor
shall prepare separate ballots for a special primary and special election as required by
sections 204D.17 to 204D.27. The ballots shall be headed "Special Primary Ballot" or
"Special Election Ballot" as the case may be, followed by the date of the special primary
or special election. Immediately below the title of each office to be filled shall be printed
the words "deleted text begin To filldeleted text end Vacancy in term expiring ..........," with the date of expiration of the
term and any other information that is necessary to distinguish the office from any other
office to be voted upon at the same election. For a special primary or special election, the
instructions to voters may use the singular form of the word when referring to candidates
and offices when only one office is to be filled at the special election. Otherwise the form
of the ballots shall comply as far as practicable with the laws relating to ballots for state
primaries and state general elections. The county auditor shall post a sample of each ballot
in the auditor's office as soon as prepared and not later than four days before the special
primary or special election. Publication of the sample ballot for a special primary or
special election is not required.
Sec. 158.
new text begin
[204D.29] CONTINUITY OF CONGRESS.
new text end
new text begin Subdivision 1. new text end
new text begin In general. new text end
new text begin
(a) If the speaker of the United States House of
Representatives announces that vacancies in the representation from the states in the
House of Representatives exceed 100 and one of those vacancies is in this state, the
governor shall issue a writ of election to fill such vacancy by special election.
new text end
new text begin
(b) As used in this section, "speaker" means the speaker of the United States House
of Representatives.
new text end
new text begin Subd. 2. new text end
new text begin Timing of special election. new text end
new text begin
A special election held under this section
to fill a vacancy shall take place not later than 49 days after the speaker announces
that the vacancy exists, unless, during the 75-day period which begins on the date of
the announcement of the vacancy:
new text end
new text begin
(1) a regularly scheduled general election for the office involved is to be held; or
new text end
new text begin
(2) another special election for the office involved is to be held, pursuant to a writ
for a special election issued by the governor prior to the date of the announcement of the
vacancy by the speaker.
new text end
new text begin Subd. 3. new text end
new text begin Nominations by parties. new text end
new text begin
If a special election is to be held under this
section, the chairs of the political parties of the state shall, not later than ten days after the
speaker announces that the vacancy exists, certify to the secretary of state the name of
the person nominated to fill this vacancy.
new text end
new text begin Subd. 4. new text end
new text begin Nominating petitions. new text end
new text begin
Other candidates must file an affidavit of candidacy
and a nominating petition under section 204B.07 not later than ten days after the speaker
announces that the vacancy exists.
new text end
new text begin Subd. 5. new text end
new text begin
Protecting ability of absent military and overseas voters to participate
in special elections.
new text end
new text begin
(a) Deadline for transmittal of absentee ballots. In conducting
a special election held under this section to fill a vacancy in its representation, the state
shall ensure to the greatest extent practicable that absentee ballots for the election are
transmitted to voters who vote under the procedure outlined in sections 203B.16 to
203B.27 not later than 15 days after the speaker announces that the vacancy exists.
new text end
new text begin
(b) Period for ballot transit time. Notwithstanding the other deadlines in this
section, in the case of voters who vote under the procedure outlined in sections 203B.16
to 203B.27, any otherwise valid ballot or other election material must be processed and
accepted so long as the ballot or other material is received by the county auditor not later
than 45 days after the ballot or other material was transmitted to the voter.
new text end
Sec. 159.
Minnesota Statutes 2008, section 205.065, subdivision 1, is amended to read:
Subdivision 1.
Establishing primary.
A municipal primary for the purpose of
nominating elective officers may be held in any city on the first Tuesday after the second
Monday in September of deleted text begin anydeleted text end new text begin an odd-numbered new text end year new text begin or on the date of the state primary in
an even-numbered year. The municipal primary must be held in the same year new text end in which a
municipal general election is to be held for the purpose of electing officers.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 160.
Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read:
Subd. 2.
Resolution or ordinance.
The governing body of a city may, by ordinance
or resolution adopted deleted text begin at least three months before the nextdeleted text end new text begin by February 15 in the year
when anew text end municipal general electionnew text begin , is heldnew text end , elect to choose nominees for municipal offices
by a primary as provided in this section. The resolution or ordinance, when adopted, is
effective for all ensuing municipal elections until it is revoked. The municipal clerk shall
notify the secretary of state and the county auditor within 30 days after the adoption of the
resolution or ordinance.
Sec. 161.
Minnesota Statutes 2008, section 205.07, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin City council members; expiration of terms. new text end
new text begin
The terms of all city
council members of charter cities expire on the first Monday in January of the year in
which they expire.
new text end
Sec. 162.
Minnesota Statutes 2008, section 205.075, subdivision 1, is amended to read:
Subdivision 1.
Date of election.
The general election in a town must be held on
the second Tuesday in March, except as provided in subdivision 2new text begin , or when moved for
bad weather as provided in section 365.51, subdivision 1new text end .
Sec. 163.
Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to read:
Subdivision 1.
Affidavit of candidacy.
An individual who is eligible and desires to
become a candidate for an office to be voted for at the municipal general election shall file
an affidavit of candidacy with the municipal clerk. new text begin Candidates for a special election to
fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit
of candidacy for the specific office to fill the unexpired portion of the term. new text end Subject to
the approval of the county auditor, the town clerk may authorize candidates for township
offices to file affidavits of candidacy with the county auditor. The affidavit shall be in
substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk
shall also accept an application signed by not less than five voters and filed on behalf of an
eligible voter in the municipality whom they desire to be a candidate, if service of a copy
of the application has been made on the candidate and proof of service is endorsed on the
application being filed. Upon receipt of the proper filing fee, the clerk shall place the name
of the candidate on the official ballot without partisan designation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 164.
Minnesota Statutes 2008, section 205.13, subdivision 1a, is amended to read:
Subd. 1a.
Filing period.
In deleted text begin municipalitiesdeleted text end new text begin a citynew text end nominating candidates at a
deleted text begin municipaldeleted text end primary, an affidavit of candidacy for a city office deleted text begin or town officedeleted text end voted on in
Novembernew text begin of an even-numbered yearnew text end must be filed not more than deleted text begin 70deleted text end new text begin 84new text end days nor less than
deleted text begin 56deleted text end new text begin 70new text end days before the deleted text begin first Tuesday after the second Monday in September preceding the
municipal general electiondeleted text end new text begin city primary and an affidavit of candidacy for an office voted
on in November of an odd-numbered year must be filed not more than 70 days nor less
than 56 days before the city primarynew text end . In deleted text begin all otherdeleted text end municipalities new text begin that do not hold a primarynew text end ,
an affidavit of candidacy must be filed not more than 70 days and not less than 56 days
before the municipal general election new text begin held in March in any year or in November in an
odd-numbered year, or a special election not held in conjunction with another election,
and no more than 84 days and no less than 70 days before the municipal general election
held in November in an even-numbered yearnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 165.
Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to read:
Subd. 2.
Notice of filing dates.
At least two weeks before the first day to file
affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last
dates on which affidavits of candidacy may be filed in the clerk's office and the closing
time for filing on the last day for filing. The clerk shall post a similar notice at least ten
days before the first day to file affidavits of candidacy.new text begin The notice must separately list
any office for which affidavits of candidacy may be filed to fill the unexpired portion
of a term when a special election is being held to fill a vacancy as provided in section
412.02, subdivision 2a.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 166.
new text begin
[205.135] ELECTION RESULTS REPORTING SYSTEM;
CANDIDATE FILING.
new text end
new text begin Subdivision 1. new text end
new text begin Even-numbered year. new text end
new text begin
For regularly scheduled municipal elections
held in an even-numbered year, the municipal clerk must provide the offices and questions
to be voted on in the municipality and the list of candidates for each office to the county
auditor for entry into the election results reporting system provided by the secretary of
state no later than 46 days prior to the election. With the consent of the municipal clerk,
the county auditor may delegate the duty to enter the information into the system to the
municipal clerk.
new text end
new text begin Subd. 2. new text end
new text begin Odd-numbered year. new text end
new text begin
For regularly scheduled municipal elections held in
an odd-numbered year, the county auditor and municipal clerk may mutually decide to
use the election reporting system for the election. The mutual agreement must specify
whether the county auditor or the municipal clerk will enter into the election results
reporting system the offices and questions to be voted on in the municipality and the list of
candidates for each office, and, after the election, the votes in each precinct for the offices
and questions voted on in the municipality. The county auditor must notify the secretary of
state of the intent to use the election reporting system at least 90 days before the election,
of who will be entering the data, and, if the municipal clerk will be entering the data, that
the office of the municipal clerk has the technological capacity to enter the data. Under
the agreement, either the county auditor or the municipal clerk must enter the offices and
questions to be voted on in the municipality and the list of candidates for each office into
the election results reporting system no later than 46 days before the election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end
Sec. 167.
Minnesota Statutes 2008, section 205.16, subdivision 2, is amended to read:
Subd. 2.
Sample ballot, publication.
For every municipal election, the municipal
clerk shall, at least deleted text begin one weekdeleted text end new text begin two weeksnew text end before the election, publish a sample ballot in the
official newspaper of the municipality, except that the governing body of a fourth class
city or a town not located within a metropolitan county as defined in section 473.121
may dispense with publication.
Sec. 168.
Minnesota Statutes 2008, section 205.16, subdivision 3, is amended to read:
Subd. 3.
Sample ballot, posting.
For every municipal election, the municipal clerk
shall at least deleted text begin four daysdeleted text end new text begin two weeksnew text end before the election post a sample ballot in the clerk's
office for public inspection, and post a sample ballot in each polling place on election day.
Sec. 169.
Minnesota Statutes 2008, section 205.16, subdivision 4, is amended to read:
Subd. 4.
Notice to auditor.
At least 53 days prior to every municipal election new text begin held
in March in any year or in November in an odd-numbered year and 67 days prior to every
municipal election held in November in an even-numbered yearnew text end , the municipal clerk shall
provide a written notice to the county auditor, including the date of the election, the offices
to be voted on at the election, and the title and language for each ballot question to be
voted on at the election. Not less than 46 days before the election new text begin in an odd-numbered
year and 60 days before the election in an even-numbered yearnew text end , the municipal clerk must
provide written notice to the county auditor of any special election canceled under section
205.10, subdivision 6.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 170.
Minnesota Statutes 2008, section 205.17, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Second, third, and fourth classdeleted text end Cities; towns.
In all statutory
and home rule charter cities deleted text begin of the second, third, and fourth class,deleted text end and in all towns, for
the municipal general electionnew text begin not held in conjunction with a state electionnew text end , the municipal
clerk shall have printed on deleted text begin light green paper thedeleted text end new text begin annew text end official ballot containing the names of
all candidates for municipal offices. The ballot shall be printed in quantities of 25, 50,
or 100, shall be headed "City or Town Election Ballot," shall state the name of the city
or town and the date of the election, and shall conform in other respects to the deleted text begin whitedeleted text end
ballot used at the state general election. The names shall be arranged on city ballots in
the manner provided for the state elections. On town ballots names of the candidates for
each office shall be arranged either:
(1) alphabetically according to the candidates' surnames; or
(2) in the manner provided for state elections if the town electors chose at the town's
annual meeting to arrange the names in that way for at least two consecutive years.
Sec. 171.
Minnesota Statutes 2008, section 205.17, subdivision 3, is amended to read:
Subd. 3.
Primary ballots.
The municipal primary ballot in cities deleted text begin of the second,
third, and fourth classdeleted text end and towns deleted text begin and the nonpartisan primary ballot in cities of the first
classdeleted text end shall conform as far as practicable with the municipal general election ballot deleted text begin except
that it shall be printed on light green paperdeleted text end . No blank spaces shall be provided for writing
in the names of candidates. deleted text begin The partisan primary ballot in cities of the first class shall
conform as far as practicable with the state partisan primary ballot.
deleted text end
Sec. 172.
Minnesota Statutes 2008, section 205.17, subdivision 4, is amended to read:
Subd. 4.
deleted text begin Blue ballots;deleted text end new text begin City or townnew text end questions.
All questions relating to the
adoption of a city charter or charter amendments, a proposition for the issuance of bonds,
and all other questions relating to city or town affairs submitted at an election to the voters
of the municipality shall be printed on deleted text begin one separate bluedeleted text end new text begin anew text end ballot deleted text begin and shall bedeleted text end prepared,
printed, and distributed under the direction of the municipal clerk deleted text begin at the same time anddeleted text end in
the same manner as other municipal ballots. deleted text begin The ballots, when voted, shall be deposited in
a separate blue ballot box provided by the local authorities for each voting precinct. The
ballots shall be canvassed, counted, and returned in the same manner as other municipal
ballots.deleted text end The returns shall provide appropriate blank spaces for the counting, canvassing,
and returning of the results of the questions deleted text begin submitted on the blue ballotdeleted text end .
Sec. 173.
Minnesota Statutes 2008, section 205.17, subdivision 5, is amended to read:
Subd. 5.
Statutory cities; vacancies.
In statutory cities, the names of candidates to
fill vacancies at a special election held as provided in section 412.02, subdivision 2a, shall
be placed on the municipal primary and general election ballots. The names of candidates
to fill a vacancy in the office of council member in a statutory city shall be listed under the
separate heading "deleted text begin Special election for council member to filldeleted text end Vacancy in term expiring
........," with the date of expiration of the term and any other information necessary to
distinguish the office. Under the heading for the office of mayor in a special election shall
be the words "deleted text begin To filldeleted text end Vacancy in term expiring ............."
Sec. 174.
new text begin
[205.171] BALLOTS.
new text end
new text begin
In townships exempt from the requirement under section 206.57, subdivision 5, to
use a voting system accessible for disabled voters, ballots must be prepared in the same
manner as state primary and state general election ballots, to the extent practicable.
new text end
Sec. 175.
Minnesota Statutes 2008, section 205.185, subdivision 3, is amended to read:
Subd. 3.
Canvass of returns, certificate of election, ballots, disposition.
(a)
deleted text begin Within sevendeleted text end new text begin Between 11 and 17 new text end days after deleted text begin andeleted text end new text begin a state generalnew text end election, new text begin and within 17 days
after any other election,new text end the governing body of a city conducting any election including
a special municipal election, or the governing body of a town conducting the general
election in November shall act as the canvassing board, canvass the returns, and declare
the results of the election. The governing body of a town conducting the general election
in March shall act as the canvassing board, canvass the returns, and declare the results of
the election within two days after an election.
(b) After the time for contesting elections has passed, the municipal clerk shall issue a
certificate of election to each successful candidate. In case of a contest, the certificate shall
not be issued until the outcome of the contest has been determined by the proper court.
(c) In case of a tie vote, the canvassing board having jurisdiction over the
municipality shall determine the result by lot. The clerk of the canvassing board shall
certify the results of the election to the county auditor, and the clerk shall be the final
custodian of the ballots and the returns of the election.
Sec. 176.
Minnesota Statutes 2008, section 205.185, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Review of rejected absentee ballots. new text end
new text begin
Before an election not held
in conjunction with a state election, a clerk may arrange to have a certified election
administrator from another city or county review all ballots that were marked rejected to
determine whether any were rejected in error. These arrangements must be made at least
seven days before the date of the election. If no arrangements are made, rejected absentee
ballots must not be reviewed outside of an election contest under chapter 209. If the
certified election administrator determines that any were rejected in error, the canvassing
board must publicly open the return and ballot envelopes and initial and count the ballots
to include the votes in all races in the results canvassed by the board. The canvassing board
must protect the privacy of the voters' choices to the extent practicable. If the number of
rejected absentee ballots could not possibly change the outcome in any of the elections or
questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.
new text end
Sec. 177.
new text begin
[205.187] ELECTION RESULTS REPORTING SYSTEM; PRECINCT
VOTES.
new text end
new text begin
For regularly scheduled municipal elections held in November of an even-numbered
year, the county auditor shall enter the votes in each precinct for the questions and offices
voted on in the municipal election into the election results reporting system provided
by the secretary of state.
new text end
new text begin
If a county auditor has notified the secretary of state under section 205.135,
subdivision 2, of intent to use the election results reporting system for a municipal election,
the county auditor or the municipal clerk must enter the votes in each precinct for the
offices and questions voted on in the municipality into the election results reporting system.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end
Sec. 178.
Minnesota Statutes 2008, section 205.84, subdivision 1, is amended to read:
Subdivision 1.
General provisions.
new text begin (a) new text end In a city electing council members by wards,
wards shall be as equal in population as practicable and each ward shall be composed of
compact, contiguous territory. Each council member shall be a resident of the ward for
which elected, butnew text begin , except as otherwise provided by paragraph (b),new text end a change in ward
boundaries does not disqualify a council member from serving for the remainder of a term.
new text begin
(b) Notwithstanding any home rule charter provision to the contrary, in a city of the
first class where council members are elected by ward to serve for four years to terms that
are not staggered, if the population of any ward changes by five percent or more, all
council members must be elected to new terms at the first municipal general election
after ward boundaries are redefined under subdivision 2; provided, however, that if no
municipal general election would otherwise occur in the year ending in "2" or the year
ending in "3," a municipal general election must be held in one of those years.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 179.
Minnesota Statutes 2008, section 205.84, subdivision 2, is amended to read:
Subd. 2.
Effective date.
After the official certification of the federal decennial
or special census, the governing body of the city shall either confirm the existing ward
boundaries as conforming to the standards of subdivision 1 or redefine ward boundaries
to conform to those standards as provided in section 204B.135, subdivision 1. If the
governing body of the city fails to take either action within the time required, no further
compensation shall be paid to the mayor or council member until the wards of the city
are either reconfirmed or redefined as required by this section. An ordinance establishing
new ward boundaries pursuant to section 204B.135, subdivision 1, becomes effective on
the date of the state primary election in the year ending in twonew text begin , except that new ward
boundaries established by a municipality in a year ending in one are effective on the date
of the municipal primary election in the year ending in onenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 180.
Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:
Subdivision 1.
Resolution requiring primary in certain circumstances.
The
school board of a school district may, by resolution adopted by June 1 of any year, decide
to choose nominees for school board by a primary as provided in this section. The
resolution, when adopted, is effective for all ensuing elections of board members in that
school district until it is revoked. If the board decides to choose nominees by primary
and if there are more than two candidates for a specified school board position or more
than twice as many school board candidates as there are at-large school board positions
available, the school district must hold a primary. new text begin When a number equal to or less than
twice the number of individuals to be elected to a school board office file for nomination
for the office, the names of the candidates shall be placed upon the general election ballot
and the school district must not hold a primary.
new text end
Sec. 181.
Minnesota Statutes 2008, section 205A.03, subdivision 2, is amended to read:
Subd. 2.
Date.
The school district primary must be held on the first Tuesday after
the second Monday in September new text begin of an odd-numbered year or on the date of the state
primary in an even-numbered year. The primary must be held new text end in the year when the school
district general election is held. The clerk shall give notice of the primary in the manner
provided in section 205A.07.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 182.
new text begin
[205A.045] SCHOOL DISTRICT TRANSITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Odd year to even. new text end
new text begin
(a) The governing body of a school district
may change from an odd-numbered year election to an even-numbered year election by
adopting a resolution that contains an orderly plan for the transition. The resolution may
include a one time, one-year extension of the term of each board member.
new text end
new text begin
(b) The governing body of the school district must adopt the resolution permitted by
paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for
the election at which the change will take effect.
new text end
new text begin Subd. 2. new text end
new text begin Even year to odd. new text end
new text begin
(a) The governing body of a school district may change
from an even-numbered year election to an odd-numbered year election by adopting a
resolution that contains an orderly plan for the transition. The resolution may include a
one time, one-year extension of the term of each board member.
new text end
new text begin
(b) The governing body of the school district must adopt the resolution permitted by
paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for
the election at which the change will take effect.
new text end
Sec. 183.
new text begin
[205A.046] SCHOOL BOARD MEMBER TERM EXPIRATION.
new text end
new text begin
The terms of all school board members expire on the first Monday in January of the
year in which they expire.
new text end
Sec. 184.
Minnesota Statutes 2008, section 205A.05, subdivision 1, is amended to read:
Subdivision 1.
Questions.
Special elections must be held for a school district on a
question on which the voters are authorized by law to pass judgment. The school board
may on its own motion call a special election to vote on any matter requiring approval of
the voters of a district. Upon petitionnew text begin filed with the school board new text end of 50 or more voters of
the school district or five percent of the number of voters voting at the preceding school
district general election, whichever is greater, the school board shall by resolution call
a special election to vote on any matter requiring approval of the voters of a district.
A question is carried only with the majority in its favor required by law. The election
officials for a special election are the same as for the most recent school district general
election unless changed according to law. Otherwise, special elections must be conducted
and the returns made in the manner provided for the school district general election. A
special election may not be held during the deleted text begin 30deleted text end new text begin 45new text end days before and the deleted text begin 30deleted text end new text begin 45new text end days after the
state primary, during the deleted text begin 30deleted text end new text begin 45new text end days before and the 40 days after the state general election.
In addition, a special election may not be held during the 20 days before and the 20 days
after any regularly scheduled new text begin March new text end election new text begin or within 45 days before and the 30 days
after any regularly scheduled November election new text end of a municipality wholly or partially
within the school district. Notwithstanding any other law to the contrary, the time period
in which a special election must be conducted under any other law may be extended by the
school board to conform with the requirements of this subdivision.
Sec. 185.
Minnesota Statutes 2008, section 205A.05, subdivision 2, is amended to read:
Subd. 2.
Vacancies in school district offices.
Special elections shall be held in
school districts in conjunction with school district primary and general elections to fill
vacancies in elective school district offices.new text begin When filling multiple at-large vacancies at the
same election, the candidates shall file for the multiple seats of the same office, voters will
be instructed to "Vote for up to..." and the candidates receiving the most votes up to the
number to be elected will be elected to fill the vacancies.
new text end
Sec. 186.
Minnesota Statutes 2008, section 205A.06, subdivision 1a, is amended to
read:
Subd. 1a.
Filing period.
In school districts that have adopted a resolution to choose
nominees for school board by a primary election, affidavits of candidacy must be filed
with the school district clerk no earlier than the 70th day and no later than the 56th day
before the first Tuesday after the second Monday in September in the year when the
school district general election is heldnew text begin in an odd-numbered year or no earlier than the
84th day and no later than the 70th day before the state primary when the school district
general election is held in an even-numbered yearnew text end . In all other school districts, affidavits
of candidacy must be filed no earlier than the 70th day and no later than the 56th day
before the school district general election new text begin in an odd-numbered year and no earlier than the
84th day and no later than the 70th day before the election in an even-numbered yearnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 187.
Minnesota Statutes 2008, section 205A.07, subdivision 2, is amended to read:
Subd. 2.
Sample ballot, posting.
For every school district primary, general, or
special election, the school district clerk shall at least deleted text begin four daysdeleted text end new text begin two weeksnew text end before the
primary, general, or special election, post a sample ballot in the administrative offices of
the school district for public inspection, and shall post a sample ballot in each polling
place on election day.
Sec. 188.
Minnesota Statutes 2008, section 205A.07, subdivision 3, is amended to read:
Subd. 3.
Notice to auditor.
At least 53 days prior to every school district election
new text begin in an odd-numbered year and 67 days prior to every school district election in an
even-numbered yearnew text end , the school district clerk shall provide a written notice to the county
auditor of each county in which the school district is located. The notice must include the
date of the election, the offices to be voted on at the election, and the title and language
for each ballot question to be voted on at the election. For the purposes of meeting the
timelines of this section, in a bond election, a notice, including a proposed question, may
be provided to the county auditor prior to receipt of a review and comment from the
commissioner of education and prior to actual initiation of the election. Not less than 46
days before the election, the school district clerk must provide written notice to the county
auditor of any special election canceled under section 205A.05, subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 189.
new text begin
[205A.075] ELECTION RESULTS REPORTING SYSTEM;
CANDIDATE FILING.
new text end
new text begin Subdivision 1. new text end
new text begin Even-numbered year. new text end
new text begin
For regularly scheduled school district
elections held in an even-numbered year, the school district clerk must provide the offices
and questions to be voted on in the school district and the list of candidates for each office
to the county auditor for entry into the election results reporting system provided by the
secretary of state no later than 46 days before the election.
new text end
new text begin Subd. 2. new text end
new text begin Odd-numbered year. new text end
new text begin
For regularly scheduled school district elections
held in an odd-numbered year, the county auditor and school district clerk may mutually
decide to use the election reporting system for the election. If so, the county auditor must
notify the secretary of state of intent to use the election reporting system at least 90 days
before the election. The county auditor must enter the offices and questions to be voted
on in the school district and the list of candidates for each office into the election results
reporting system no later than 46 days before the election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end
Sec. 190.
new text begin
[205A.076] ELECTION RESULTS REPORTING SYSTEM;
PRECINCT VOTES.
new text end
new text begin
For regularly scheduled school district elections held in an even-numbered year, the
county auditor shall enter the votes in each precinct for the questions and offices voted
on in the school district election into the election results reporting system provided by
the secretary of state.
new text end
new text begin
If a county auditor has notified the secretary of state under section 205A.075,
subdivision 2, of intent to use the election results reporting system for a school district
election, the county auditor must enter the votes in each precinct for the offices and
questions voted on in the school district into the election results reporting system.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the election reporting system has been tested and shown to properly allow
for the entry of candidate names and for election results to be uploaded, and to be able to
handle the expected volume of use.
new text end
Sec. 191.
Minnesota Statutes 2008, section 205A.08, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Buffdeleted text end new text begin General electionnew text end ballot.
The names of all candidates for offices
to be voted on at a school district general election must be placed on a deleted text begin singledeleted text end ballot deleted text begin printed
on buff paper and known as the "buff ballot."deleted text end new text begin .
new text end
Sec. 192.
Minnesota Statutes 2008, section 205A.08, subdivision 3, is amended to read:
Subd. 3.
Vacancies.
The names of candidates to fill vacancies at a school district
special election held in conjunction with the primary or general election must be placed
on the school district primary and general election ballots. The names of candidates to
fill a vacancy in the office of school board member in a school district must be listed
under the separate heading "deleted text begin Special election for school board member to filldeleted text end Vacancy in
term expiring ........," with the date of expiration of the term and any other information
necessary to distinguish the office.
Sec. 193.
Minnesota Statutes 2008, section 205A.08, subdivision 4, is amended to read:
Subd. 4.
deleted text begin Goldenrod ballots;deleted text end Questions.
All questions relating to a proposition for
the issuance of bonds, and all other questions relating to school district affairs submitted at
an election to the voters of the school district, shall be printed on deleted text begin one separate goldenroddeleted text end new text begin
anew text end ballot deleted text begin and shall bedeleted text end prepared, printed, and distributed under the direction of the school
district clerk deleted text begin at the same time anddeleted text end in the same manner as other school district ballots.
deleted text begin The ballots, when voted, shall be deposited in a separate goldenrod ballot box provided
by the local authorities for each voting precinct. The ballots shall be canvassed, counted,
and returned in the same manner as other school district ballots.deleted text end The returns shall provide
appropriate blank spaces for the counting, canvassing, and return of the results of the
questions deleted text begin submitted on the goldenrod ballotdeleted text end .
Sec. 194.
Minnesota Statutes 2008, section 205A.10, subdivision 2, is amended to read:
Subd. 2.
Election, conduct.
A school district election must be by secret ballot and
must be held and the returns made in the manner provided for the state general election,
as far as practicable. The vote totals from an absentee ballot board established pursuant
to section deleted text begin 203B.13deleted text end may be tabulated and reported by the school district as a
whole rather than by precinct. For school district elections not held in conjunction with a
statewide election, the school board shall appoint election judges as provided in section
204B.21, subdivision 2. The provisions of sections 204B.19, subdivision 5; 204B.21,
subdivision 2; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
balance in appointment of judges and to duties to be performed by judges of different
major political parties do not apply to school district elections not held in conjunction
with a statewide election.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 195.
Minnesota Statutes 2008, section 205A.10, subdivision 3, is amended to read:
Subd. 3.
Canvass of returns, certificate of election, ballots, disposition.
deleted text begin Within
sevendeleted text end new text begin Between 11 and 17 new text end days after a school district election new text begin held concurrently with a
state general election, and within seven days after a school district election held on any
other date,new text end other than a recount of a special election conducted under section 126C.17,
subdivision 9, or 475.59, the school board shall canvass the returns and declare the
results of the election. After the time for contesting elections has passed, the school
district clerk shall issue a certificate of election to each successful candidate. If there is a
contest, the certificate of election to that office must not be issued until the outcome of the
contest has been determined by the proper court. If there is a tie vote, the school board
shall determine the result by lot. The clerk shall deliver the certificate of election to the
successful candidate by personal service or certified mail. The successful candidate shall
file an acceptance and oath of office in writing with the clerk within 30 days of the date
of mailing or personal service. A person who fails to qualify prior to the time specified
shall be deemed to have refused to serve, but that filing may be made at any time before
action to fill the vacancy has been taken. The school district clerk shall certify the results
of the election to the county auditor, and the clerk shall be the final custodian of the ballots
and the returns of the election.
A school district canvassing board shall perform the duties of the school board
according to the requirements of this subdivision for a recount of a special election
conducted under section 126C.17, subdivision 9, or 475.59.
Sec. 196.
Minnesota Statutes 2008, section 205A.10, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Review of rejected absentee ballots. new text end
new text begin
Before an election not held
in conjunction with a state election, a clerk may arrange to have a certified election
administrator from a city or county review all ballots that were marked rejected to
determine whether any were rejected in error. These arrangements must be made at least
seven days before the date of the election. If no arrangements are made, rejected absentee
ballots must not be reviewed outside of an election contest under chapter 209. If the
certified election administrator determines that any were rejected in error, the canvassing
board must publicly open the return and ballot envelopes and initial and count the ballots
to include the votes in all races in the results canvassed by the board. The canvassing board
must protect the privacy of the voters' choices to the extent practicable. If the number of
rejected absentee ballots could not possibly change the outcome in any of the elections or
questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.
new text end
Sec. 197.
Minnesota Statutes 2008, section 205A.11, subdivision 3, is amended to read:
Subd. 3.
Procedure.
new text begin The designation of a polling place under this section remains
effective until a different polling place is designated. No designation of a new or different
polling place becomes effective less than 90 days before an election, except that a new
polling place may be designated to replace a polling place that has become unavailable
for use. new text end The school board must notify the county auditor within 30 days after the
establishment of a polling place as provided in this section. The notice must include a list
of the precincts that will be voting at each polling place. The school board must send the
notice required by section 204B.16, subdivision 1a, after a polling place is established
as provided in this section, but no additional notices of this kind are required for any
subsequent similar elections until the location of the polling place or the combination
of precincts voting at the polling place is changed. The secretary of state shall provide
a single polling place roster for use in any polling place established as provided in this
section. A single set of election judges must be appointed to serve in the polling place.
The number of election judges required must be based on the total number of persons
voting at the last similar election in all the precincts to be voting at the single polling
place. A single ballot box may be provided for all the ballots.
Sec. 198.
Minnesota Statutes 2008, section 206.56, subdivision 3, is amended to read:
Subd. 3.
Ballot.
"Ballot" includes deleted text begin paperdeleted text end ballotsdeleted text begin , ballot cardsdeleted text end new text begin designed to be counted
by hand, ballots marked so that votes may be counted by automatic tabulating equipmentnew text end ,
and the deleted text begin paperdeleted text end ballot marked by an electronic marking device.
Sec. 199.
Minnesota Statutes 2008, section 206.57, subdivision 6, is amended to read:
Subd. 6.
Required certification.
In addition to the requirements in subdivision
1, a voting system must be certified by an independent testing authority deleted text begin approveddeleted text end new text begin
accreditednew text end by the deleted text begin secretary of state and conform to current standards for voting equipmentdeleted text end new text begin
Election Assistance Commission at the time of submission of the application required by
subdivision 1 to be in conformity with voluntary voting system guidelinesnew text end issued by
deleted text begin the Federal Election Commission or its successor,deleted text end the Election Assistance Commission.
new text begin The application must be accompanied by the certification report of the voting systems
test laboratory. A certification under this section from an independent testing authority
accredited by the Election Assistance Commission meets the requirement of Minnesota
Rules, part 8220.0350, item L.new text end new text begin A vendor must provide a copy of the source code for the
voting system to the secretary of state. A chair of a major political party or the secretary
of state may select, in consultation with the vendor, an independent third-party evaluator
to examine the source code to ensure that it functions as represented by the vendor and
that the code is free from defects. A major political party that elects to have the source
code examined must pay for the examination. Except as provided by this subdivision,
source code that is trade secret information must be treated as nonpublic information,
in accordance with section 13.37. A third-party evaluator must not disclose the source
code to anyone else.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 200.
Minnesota Statutes 2008, section 206.82, subdivision 2, is amended to read:
Subd. 2.
Plan.
The municipal clerk in a municipality where an electronic voting
system is used and the county auditor of a county in which an electronic voting system is
used in more than one municipality and the county auditor of a county in which a counting
center serving more than one municipality is located shall prepare a plan which indicates
acquisition of sufficient facilities, computer time, and professional services and which
describes the proposed manner of complying with section 206.80. The plan must be
signed, notarized, and submitted to the secretary of state more than 60 days before the first
election at which the municipality uses an electronic voting system. Prior to July 1 ofnew text begin each
odd-numbered year, and at least ten weeks before the date of the state primary innew text end each
subsequent general election year, the clerk or auditor shall submit to the secretary of state
notification of any changes to the plan on file with the secretary of state. The secretary of
state shall review each plan for its sufficiency and may request technical assistance from
the Department of Administration or other agency which may be operating as the central
computer authority. The secretary of state shall notify each reporting authority of the
sufficiency or insufficiency of its plan within 20 days of receipt of the plan. The attorney
general, upon request of the secretary of state, may seek a district court order requiring
an election official to fulfill duties imposed by this subdivision or by rules promulgated
pursuant to this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 201.
Minnesota Statutes 2008, section 206.83, is amended to read:
206.83 TESTING OF VOTING SYSTEMS.
deleted text begin Within 14 days before election day,deleted text end The official in charge of elections shall have
the voting system tested to ascertain that the system will correctly mark ballots using all
methods supported by the system, including through assistive technology, and count the
votes cast for all candidates and on all questions. Public notice of the time and place of the
test must be given at least two days in advance by publication once in official newspapers.
The test must be observed by at least two election judges, who are not of the same major
political party, and must be open to representatives of the political parties, candidates, the
press, and the public. The test must be conducted by (1) processing a preaudited group
of ballots deleted text begin punched ordeleted text end marked to record a predetermined number of valid votes for each
candidate and on each question, and must include for each office one or more deleted text begin ballot cardsdeleted text end new text begin
ballotsnew text end which have votes in excess of the number allowed by law in order to test the ability
of the voting system tabulator and electronic ballot marker to reject those votes; and (2)
processing an additional test deck of ballots marked using the electronic ballot marker
for the precinct, including ballots marked using the electronic ballot display, audio ballot
reader, and any assistive voting technology used with the electronic ballot marker. If any
error is detected, the cause must be ascertained and corrected and an errorless count must
be made before the voting system may be used in the election. After the completion of the
test, the programs used and deleted text begin ballot cardsdeleted text end new text begin ballotsnew text end must be sealed, retained, and disposed of
as provided for deleted text begin paperdeleted text end new text begin othernew text end ballots.
new text begin
Testing of equipment used for early voting must be conducted as soon as practicable
after the equipment has been programmed. Testing of equipment used on the day of the
election must be conducted within the 14 days before election day.
new text end
Sec. 202.
Minnesota Statutes 2008, section 206.84, subdivision 3, is amended to read:
Subd. 3.
Ballots.
deleted text begin The ballot information must be in the same order provided for
paper ballots, except that the information may be in vertical or horizontal rows, or on a
number of separate pages.deleted text end The secretary of state shall provide by rule for standard ballot
formats for electronic voting systems. Electronic ballot displays and audio ballot readers
shall be in the order provided for on the optical scan ballot. Electronic ballot displays may
employ zooms or other devices as assistive voting technology. Audio ballot readers may
employ rewinds or audio cues as assistive voting technology.
deleted text begin Ballot cardsdeleted text end new text begin Ballotsnew text end may contain special printed marks as required for proper
positioning and reading of the ballots by electronic vote counting equipment. deleted text begin Ballot cardsdeleted text end new text begin
Ballotsnew text end must contain an identification of the precinct for which they have been prepared
which can be read visually and which can be tabulated by the automatic tabulating
equipment.
Sec. 203.
Minnesota Statutes 2008, section 206.86, subdivision 6, is amended to read:
Subd. 6.
deleted text begin Final tabulationdeleted text end new text begin Requirementsnew text end .
deleted text begin A final tabulation of ballots must be
obtained from the automatic tabulating equipment after all damaged or defective cards
have been replaced. The final tabulation, together with the returns of write-in and absentee
votes and the precinct summary statements prepared in accordance with section 204C.24,
constitute the official return of each precinct. Upon completion of the count the returns
are open to the public.deleted text end The automatic tabulating equipment must be programmed to
provide a complete recapitulation of all ballots processed. It may be programmed to
provide information in addition to that required in the official return of each precinct, if the
officials in charge of elections deem that advisable in order to provide election statistics to
evaluate the performance of the electronic voting system or other aspects of the election.
Sec. 204.
Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read:
Subd. 2.
Selection for review; notice.
At the canvass of the state primary, the
county canvassing board in each county must set the date, time, and place for the
postelection review of the state general election to be held under this section.
At the canvass of the state general election, the county canvassing boards must select
the precincts to be reviewed by lot. new text begin The early ballots counted centrally and the ballots
counted by each ballot board must be considered a precinct eligible to be selected for the
purposes of this subdivision. new text end The county canvassing board of a county with fewer than
50,000 registered voters must conduct a postelection review of a total of at least two
precincts. The county canvassing board of a county with between 50,000 and 100,000
registered voters must conduct a review of a total of at least three precincts. The county
canvassing board of a county with over 100,000 registered voters must conduct a review
of a total of at least four precincts, or three percent of the total number of precincts in the
county, whichever is greater. At least one precinct selected in each county must have had
more than 150 votes cast at the general election.
The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will be
conducted, as soon as the decisions are made. If the selection of precincts has not resulted
in the selection of at least four precincts in each congressional district, the secretary of state
may require counties to select by lot additional precincts to meet the congressional district
requirement. The secretary of state must post this information on the office Web site.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is not effective until the secretary of state has
certified that the statewide voter registration system has been tested, shown to properly
allow municipal clerks to update absentee voting records, and shown to be able to handle
the expected volume of use.
new text end
Sec. 205.
Minnesota Statutes 2008, section 206.89, subdivision 3, is amended to read:
Subd. 3.
Scope and conduct of review.
The county canvassing board shall appoint
the postelection review official as defined in subdivision 1. The postelection review must
be conducted of the votes cast for president or governor; United States senator; and United
States representativenew text begin , except that a review of a race must not be conducted if that race is
subject to an automatic recount under section 204C.35new text end . The postelection review official
may conduct postelection review of the votes cast for additional offices.
The postelection review must be conducted in public at the location where the
voted ballots have been securely stored after the state general election or at another
location chosen by the county canvassing board. The postelection review official for
each precinct selected must conduct the postelection review and may be assisted by
election judges designated by the postelection review official for this purpose. The party
balance requirement of section 204B.19 applies to election judges designated for the
review. The postelection review must consist of a manual count of the ballots used in the
precincts selected and must be performed in the manner provided by section 204C.21.
The postelection review must be conducted in the manner provided for recounts under
section 204C.361 to the extent practicable. The review must be completed no later
than two days before the meeting of the state canvassing board to certify the results of
the state general election.
Sec. 206.
Minnesota Statutes 2008, section 206.90, subdivision 9, is amended to read:
Subd. 9.
Spoiled deleted text begin ballot cardsdeleted text end new text begin ballotsnew text end .
Automatic tabulating equipment and
electronic ballot markers must be capable of examining a ballot deleted text begin carddeleted text end for defects and
returning it to the voter before it is counted and deposited into the ballot box and must be
programmed to return as a spoiled ballot a ballot deleted text begin carddeleted text end with votes for an office or question
which exceed the number which the voter is entitled to cast and at a primary a ballot deleted text begin carddeleted text end
with votes for candidates of more than one party.
Sec. 207.
Minnesota Statutes 2008, section 206.90, subdivision 10, is amended to read:
Subd. 10.
Counting write-in votes.
In precincts using optical scan voting systems,
the judges shall count the write-in votes and enter the number of those votes on forms
provided for the purpose. deleted text begin When the write-in votes are recorded on a medium that cannot
be examined for write-in votes by the automatic tabulating equipment or the automatic
tabulating equipment does not reject, with respect to write-in votes, all votes for an office
or question when the number of votes cast on it exceeds the number which the voter is
entitled to count, all ballot envelopes or other medium on which write-in votes have been
recorded must be serially numbered, starting with the number one and the same number
must be placed on the ballot card of the voter. The judges shall compare the write-in votes
with the votes cast on the ballot card. If the total number of votes for any office exceeds
the number allowed by law, a notation to that effect must be entered on the back of the
ballot card and the card must be returned to the counting center in an envelope marked
"defective ballots"; however, valid votes on ballot cards containing invalid votes must
be counted as provided in section 206.86, subdivision 5.
deleted text end
deleted text begin
When the write-in votes are recorded on ballot cards that can be examined for
write-in votes by the automatic tabulating equipment and the automatic tabulating
equipment rejects all votes for an office or question when the number of votes cast on it
exceeds the number which the voter is entitled to cast, the judges shall examine the ballot
cards with write-in votes and count the valid write-in votes.
deleted text end
Sec. 208.
Minnesota Statutes 2008, section 208.03, is amended to read:
208.03 NOMINATION OF PRESIDENTIAL ELECTORS.
Presidential electors for the major political parties of this state shall be nominated
by delegate conventions called and held under the supervision of the respective state
central committees of the parties of this state. deleted text begin On or before primarydeleted text end new text begin At least 70 days
before the general new text end election day the chair of the major political party shall certify to the
secretary of state the names of the persons nominated as presidential electors, the names
of eight alternate presidential electors, and the names of the party candidates for president
and vice president.new text begin The chair shall also certify that the party candidates for president and
vice president have no affidavit on file as a candidate for any office in this state at the
ensuing general election.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 209.
Minnesota Statutes 2008, section 208.04, is amended to read:
208.04 PREPARATION OF BALLOTS.
Subdivision 1.
Form of presidential ballots.
When presidential electors and
alternates are to be voted for, a vote cast for the party candidates for president and vice
president shall be deemed a vote for that party's electors and alternates as filed with the
secretary of state. The secretary of state shall certify the names of all duly nominated
presidential and vice presidential candidates to the county auditors of the counties of
the state. Each county auditor, subject to the rules of the secretary of state, shall cause
the names of the candidates of each major political party and the candidates nominated
by petition to be printed in deleted text begin capitaldeleted text end new text begin upper and lowercasenew text end letters, set in type of the same
size and style as for candidates on the state deleted text begin whitedeleted text end ballot, before the party designation.
deleted text begin To the left of, and on the same line with the names of the candidates for president and
vice president, near the margin, shall be placed a square or box, in which the voters may
indicate their choice by marking an "X."
deleted text end
The form for the presidential ballot and the relative position of the several candidates
shall be determined by the rules applicable to other state officers. deleted text begin The state ballot, with
the required heading, shall be printed on the same piece of paper and shall be below the
presidential ballot with a blank space between one inch in width.
deleted text end
Subd. 2.
Applicable rules.
The rules for preparationdeleted text begin , state contribution to the cost
of printing, and deliverydeleted text end of presidential ballots are the same as the rules for deleted text begin whitedeleted text end new text begin state
general electionnew text end ballots under section 204D.11, subdivision 1.
Sec. 210.
Minnesota Statutes 2008, section 211B.045, is amended to read:
211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
In any municipality, whether or not the municipality has an ordinance that regulates
the size or number of noncommercial signs, all noncommercial signs of any size may be
posted in any number from deleted text begin August 1deleted text end new text begin 45 days before the state primarynew text end in a state general
election year until ten days following the state general election.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the state primary in 2010 and
thereafter.
new text end
Sec. 211.
Minnesota Statutes 2008, section 211B.11, is amended by adding a
subdivision to read:
new text begin Subd. 3a. new text end
new text begin Labels prohibited. new text end
new text begin
Write-in candidates must not distribute labels to
voters to be affixed to optical scan ballots in precincts in which ballots are tabulated by
precinct or central count optical scan tabulators. A violation of this subdivision by a
candidate is subject to a civil penalty of up to $5,000 per precinct in the district. The civil
penalty is payable to the jurisdiction that owns the ballot tabulators for use in election
equipment repair and maintenance. Notwithstanding section 211B.37, the costs of a
complaint alleging violation of this subdivision shall be assessed against the candidate.
new text end
Sec. 212.
Minnesota Statutes 2008, section 211B.20, subdivision 1, is amended to read:
Subdivision 1.
Prohibition.
new text begin (a) new text end It is unlawful for a person, either directly or
indirectly, to deny access to an apartment house, dormitory, nursing home, manufactured
home park, other multiple unit facility used as a residence, or an area in which two or
more single-family dwellings are located on private roadways to a candidate who has
deleted text begin filed for election to public officedeleted text end new text begin organized a campaign committee as permitted by state
or federal law, or otherwise notified a public official as required by law for a county,
municipal, or school district office, for the purpose of seeking election to a public office at
the next general election to be held for that office,new text end or to campaign workers accompanied
by the candidate, ifnew text begin :
new text end
new text begin (1)new text end the candidate and workers seeking admittance to the facility do so deleted text begin solelydeleted text end new text begin
exclusivelynew text end for the purpose of campaigningnew text begin for a candidate or registering voters; and
new text end
new text begin (2) the candidate and any campaign workers accompanying the candidate are within
the territory for which the candidate is currently on file for electionnew text end .
new text begin
(b) A candidate and campaign workers obtaining access under this section must be
permitted to leave campaign materials for residents at their doors, except that the manager
of a nursing home may direct that the campaign materials be left at a central location. The
materials must be left in an orderly manner.
new text end
new text begin (c)new text end A violation of this section is a petty misdemeanor.
Sec. 213.
Minnesota Statutes 2008, section 211B.20, subdivision 2, is amended to read:
Subd. 2.
Exceptions.
Subdivision 1 does not prohibit:
(1) denial of admittance into a particular apartment, room, manufactured home, or
personal residential unit;
(2) requiring reasonable and proper identification as a necessary prerequisite to
admission to a multiple unit dwelling;
(3) in the case of a nursing home, new text begin or a registered housing with services establishment
providing assisted living services meeting the requirements of section 144G.03,
subdivision 2, new text end denial of permission to visit certain persons for valid health reasons;
(4) limiting visits by candidates or workers accompanied by the candidate to a
reasonable number of persons or reasonable hours;
(5) requiring a prior appointment to gain access to the facility; or
(6) denial of admittance to or expulsion from a multiple unit dwelling for good cause.
Sec. 214.
Minnesota Statutes 2008, section 412.02, subdivision 2a, is amended to read:
Subd. 2a.
Vacancy.
Except as otherwise provided in subdivision 2b, a vacancy in an
office shall be filled by council appointment until an election is held as provided in this
subdivision. In case of a tie vote in the council, the mayor shall make the appointment.
new text begin (1)new text end If the vacancy occurs before the first day to file affidavits of candidacy for
the next regular city election and more than two years remain in the unexpired term, a
special election shall be held at or before the next regular city election and the appointed
person shall serve until the qualification of a successor elected at a special election to fill
the unexpired portion of the term. new text begin The council must specify by ordinance under what
circumstances it will hold a special election to fill a vacancy other than a special election
held at the same time as the regular city election. If, because of a vacancy, more than one
council member is to be chosen at the same election, candidates for council member shall
file for either a two-year or a four-year term. If more than one candidate is to be elected
for the same length term, the ballot must instruct voters to "Vote for up to ..." up to the
number of candidates to be elected for the two-year or four-year term.
new text end
new text begin (2) new text end If the vacancy occurs on or after the first day to file affidavits of candidacy for
the regular city election or when less than two years remain in the unexpired term, there
need not be a special election to fill the vacancy and the appointed person shall serve
until the qualification of a successor. deleted text begin The council must specify by ordinance under what
circumstances it will hold a special election to fill a vacancy other than a special election
held at the same time as the regular city election.
deleted text end
Sec. 215.
Minnesota Statutes 2008, section 414.02, subdivision 4, is amended to read:
Subd. 4.
Effective date of incorporation.
The incorporation shall be effective upon
the election and qualification of new municipal officers or on such later date as is fixed by
the director's order.new text begin The effective date must not fall within the 21 days before a regularly
scheduled election. Failure to comply with the provisions of this subdivision with respect
to regularly scheduled elections, or to set the right effective date in relation to regularly
scheduled elections, does not invalidate the annexation.
new text end
Sec. 216.
Minnesota Statutes 2008, section 414.031, subdivision 6, is amended to read:
Subd. 6.
Effective date of annexation.
The annexation shall be effective as of the
date fixed in the annexation order or on a later date fixed in the annexation order.new text begin The
effective date must not fall within the 21 days before a regularly scheduled election.
Failure to comply with the provisions of this subdivision with respect to regularly
scheduled elections, or to set the right effective date in relation to regularly scheduled
elections, does not invalidate the annexation.
new text end
Sec. 217.
Minnesota Statutes 2008, section 414.0325, subdivision 1, is amended to
read:
Subdivision 1.
Initiating the proceeding.
(a) One or more townships and one or
more municipalities, by joint resolution, may designate an unincorporated area as in
need of orderly annexation. One or more municipalities, by joint resolution with the
county, may designate an unincorporated area in which there is no organized township
government as in need of orderly annexation.
(b) A designated area is any area which the signatories to a joint resolution for
orderly annexation have identified as being appropriate for annexation, either currently
or at some point in the future, pursuant to the negotiated terms and conditions set forth
in the joint resolution. Land described as a designated area is not, by virtue of being so
described, considered also to be annexed for purposes of this chapter.
(c) The joint resolution will confer jurisdiction on the chief administrative law judge
over annexations in the designated area and over the various provisions in said agreement
by submission of said joint resolution to the chief administrative law judge.
(d) The resolution shall include a description of the designated area and the reasons
for designation.
(e) Thereafter, an annexation of any part of the designated area may be initiated by:
(1) submitting to the chief administrative law judge a resolution of any signatory
to the joint resolution; or
(2) the chief administrative law judge.
(f) Whenever a state agency, other than the pollution control agency, orders a
municipality to extend a municipal service to an area, the order confers jurisdiction on the
chief administrative law judge to consider designation of the area for orderly annexation.
(g) If a joint resolution designates an area as in need of orderly annexation and states
that no alteration of its stated boundaries is appropriate, the chief administrative law judge
may review and comment, but may not alter the boundaries.
(h) If a joint resolution designates an area as in need of orderly annexation, provides
for the conditions for its annexation, and states that no consideration by the chief
administrative law judge is necessary, the chief administrative law judge may review and
comment, but shall, within 30 days, order the annexation in accordance with the terms of
the resolution. new text begin A joint resolution filed within the 51 days before a regularly scheduled
election must provide in the conditions for its annexation that the annexation will not be
effective until the day after the regularly scheduled election. Failure to comply with the
provisions of this subdivision with respect to regularly scheduled elections, or to set
the right effective date in relation to regularly scheduled elections, does not invalidate
the annexation.
new text end
Sec. 218.
Minnesota Statutes 2008, section 414.0325, subdivision 4, is amended to
read:
Subd. 4.
Effective date of annexation.
The chief administrative law judge's order
shall be effective upon the issuance of the order or at such later time as is provided in the
order.new text begin The effective date must not fall within the 21 days before a regularly scheduled
election. Failure to comply with the provisions of this subdivision with respect to regularly
scheduled elections, or to set the right effective date in relation to regularly scheduled
elections, does not invalidate the annexation.
new text end
Sec. 219.
Minnesota Statutes 2008, section 414.033, subdivision 7, is amended to read:
Subd. 7.
Filing; effective date; copy to auditors.
Any annexation ordinance
provided for in this section must be filed with the chief administrative law judge, the
township, the county auditor and the secretary of state and is final on the date the
ordinance is approved by the chief administrative law judgenew text begin , except that an ordinance
approved within the 21 days before a regularly scheduled election is not effective until
the day after the regularly scheduled electionnew text end . A copy of the annexation ordinance must
be delivered immediately by the governing body of the municipality to the appropriate
county auditors. new text begin Failure to comply with the provisions of this subdivision with respect
to regularly scheduled elections, or to set the right effective date in relation to regularly
scheduled elections, does not invalidate the annexation.
new text end
Sec. 220.
Minnesota Statutes 2008, section 447.32, subdivision 4, is amended to read:
Subd. 4.
Candidates; ballots; certifying election.
A person who wants to be a
candidate for the hospital board shall file an affidavit of candidacy for the election either
as member at large or as a member representing the city or town where the candidate
resides. The affidavit of candidacy must be filed with the city or town clerk not more
than deleted text begin 70deleted text end new text begin 84new text end days nor less than deleted text begin 56deleted text end new text begin 70new text end days before the first Tuesday after the first Monday
in November of the year in which the general election is held new text begin and no more than 70 days
and no less than 56 days before the election in an odd-numbered yearnew text end . The city or town
clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the
first election, the clerk of the most populous city or town immediately after the last day of
the filing period. A candidate may withdraw from the election by filing an affidavit of
withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last
day to file affidavits of candidacy.
Voting must be by secret ballot. The clerk shall prepare, at the expense of the
district, necessary ballots for the election of officers. Ballots must be printed on deleted text begin tandeleted text end paper
and prepared as provided in the rules of the secretary of state. new text begin In hospital district elections
not held in conjunction with other elections, ballots shall be prepared in the same manner
as state primary and state general election ballots, to the extent practicable. new text end The ballots
must be marked and initialed by at least two judges as official ballots and used exclusively
at the election. Any proposition to be voted on may be printed on the ballot provided for
the election of officers. The hospital board may also authorize the use of voting systems
subject to chapter 206. Enough election judges may be appointed to receive the votes at
each polling place. The election judges shall act as clerks of election, count the ballots
cast, and submit them to the board for canvass.
After canvassing the election, the board shall issue a certificate of election to the
candidate who received the largest number of votes cast for each office. The clerk shall
deliver the certificate to the person entitled to it in person or by certified mail. Each person
certified shall file an acceptance and oath of office in writing with the clerk within 30
days after the date of delivery or mailing of the certificate. The board may fill any office
as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
qualification is effective if made before the board acts to fill the vacancy.
Sec. 221.
Laws 2005, chapter 162, section 34, subdivision 2, is amended to read:
Subd. 2.
Optical scan equipment.
$6,000,000 is appropriated from the Help
America Vote Act account to the secretary of state for grants to counties to purchase
optical scan voting equipment. Counties are eligible for grants to the extent that they
decide to purchase ballot marking machines and as a result do not have sufficient Help
America Vote Act grant money remaining to also purchase a compatible precinct-based
optical scan machine or central-count machine. These grants must be allocated to counties
at a rate of $3,000 per eligible precinct until the appropriation is exhausted, with priority
in the payment of grants to be given to counties currently using hand- and central-count
voting systems and counties using precinct-count optical scan voting systems incompatible
with assistive voting systems or ballot marking machines. This appropriation is available
until June 30, deleted text begin 2009deleted text end new text begin 2012new text end .
Sec. 222. new text begin REPEALER.
new text end
new text begin
(a) Minnesota Statutes 2008, sections 3.22; 201.096; 203B.04, subdivision 5;
203B.10; 203B.13, subdivisions 1, 2, 3, and 4; 203B.25; 204B.12, subdivision 2a;
204B.13, subdivisions 4, 5, and 6; 204B.22, subdivision 3; 204B.36; 204B.37; 204B.38;
204B.39; 204B.41; 204B.42; 204C.07, subdivision 3; 204C.13, subdivision 4; 204C.20,
subdivision 3; 204C.23; 204D.05, subdivisions 1 and 2; 204D.10, subdivision 2; 204D.11,
subdivisions 2, 3, 4, 5, and 6; 204D.14, subdivisions 1 and 3; 204D.15, subdivisions
1 and 3; 204D.169; 204D.28; 205.17, subdivision 2; 206.56, subdivision 5; 206.57,
subdivision 7; 206.61, subdivisions 1, 3, 4, and 5; 206.62; 206.805, subdivision 2; 206.84,
subdivisions 1, 6, and 7; 206.86, subdivisions 1, 2, 3, 4, and 5; 206.90, subdivisions 3,
5, 6, 7, and 8; and 206.91,
new text end
new text begin
are repealed.
new text end
new text begin
(b) Minnesota Statutes 2008, section 203B.11, subdivision 2,
new text end
new text begin
is repealed.
new text end
new text begin
(c)
new text end
new text begin
Minnesota Rules, part 8230.4365, subpart 5,
new text end
new text begin
is repealed.
new text end
Sec. 223. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 10, 21, 22, 24, 38, 51 to 56, 201, and section 222, paragraph (b), are
effective when the secretary of state has certified that:
new text end
new text begin
(1) the statewide voter registration system has been tested, shown to properly allow
for the tracking of the information required to conduct early voting, and can handle the
expected volume of use; and
new text end
new text begin
(2) that voting equipment that can tabulate at least 30 different ballot styles has
been certified for use in this state.
new text end
new text begin
Upon certification, sections 10, 21, 22, 24, 38, and 51 to 56 apply to all federal, state,
county, and city elections held in conjunction with the state primary in 2010 and thereafter,
and to all other elections held in 2014 and thereafter. A municipality may implement the
requirements of this chapter before the date provided in this paragraph, if the secretary of
state has made the certification required by this section at least 90 days before the date of
the election when early voting will be used.
new text end