Minnesota Legislature
SF 1331
4th Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:20am
2.5 2.6
2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23
2.24 2.25
2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 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 3.34 3.35
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 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 5.33 5.34
5.35 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 8.36 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
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 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 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 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 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 14.34 14.35 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 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 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 18.34 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 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 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 22.35 22.36 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 23.35 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 24.32 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 25.34 25.35 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 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
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
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 30.34 30.35 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 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 35.35
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 36.31 36.32 36.33 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
38.33 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 39.34 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 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 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 42.35 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 43.34 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 46.35 46.36 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 47.33 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 48.34 48.35 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
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 50.33 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 51.34 51.35 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 53.33 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 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
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 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 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
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 62.34 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 63.34 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 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 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 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 68.32 68.33 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 70.35 70.36 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 72.34 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 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 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 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 77.33 77.34
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 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 79.34
80.1 80.2
A bill for an act
relating to elections; moving the state primary from September to August
and making conforming changes; updating certain ballot and voting system
requirements; changing certain election administration provisions; changing
certain election requirements and provisions; removing certain unconstitutional
provisions governing independent expenditures in political campaigns; changing
certain reporting requirements; authorizing electronic filing of certain items with
the Campaign Finance and Public Disclosure Board; making certain reports
filed with the Campaign Finance and Public Disclosure Board nonpublic data
until certain conditions have been met; requiring the public subsidy for an
eligible candidate be withheld until a required report has been filed; amending
Minnesota Statutes 2008, sections 10A.01, subdivisions 9, 11, 18, 26; 10A.04,
subdivision 5; 10A.071, subdivision 3; 10A.08; 10A.09, subdivision 7; 10A.14,
subdivisions 2, 4, by adding a subdivision; 10A.20, subdivisions 1, 12, 13, by
adding subdivisions; 10A.31, subdivision 6, by adding a subdivision; 10A.321;
10A.322, subdivision 1; 10A.323; 10A.35; 13.607, subdivision 7, by adding
a subdivision; 135A.17, subdivision 2; 201.016, subdivisions 1a, 2; 201.056;
201.061, subdivisions 1, 3; 201.091, by adding a subdivision; 201.11; 201.12;
201.13; 202A.14, subdivision 3; 203B.04, subdivisions 1, 6; 203B.05; 203B.06,
subdivision 3; 203B.07, subdivisions 2, 3; 203B.08, subdivisions 2, 3, by
adding a subdivision; 203B.081; 203B.085; 203B.125; 203B.23, subdivisions
1, 2; 203B.24, subdivision 1; 203B.26; 204B.04, subdivisions 2, 3; 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; 204B.14,
subdivisions 2, 3, 4, by adding a subdivision; 204B.16, subdivision 1; 204B.18,
subdivision 1; 204B.19, subdivision 2; 204B.21, subdivisions 1, 2; 204B.24;
204B.27, subdivision 2; 204B.33; 204B.35, subdivision 4; 204B.38; 204B.44;
204B.45, subdivision 2; 204B.46; 204C.02; 204C.04, subdivision 1; 204C.06,
subdivision 1; 204C.08; 204C.10; 204C.13, subdivisions 2, 6; 204C.17; 204C.27;
204C.30, by adding subdivisions; 204C.33, subdivisions 1, 3; 204C.37; 204D.03,
subdivision 1; 204D.04, subdivision 2; 204D.09, subdivision 2; 204D.28,
subdivisions 5, 6, 8, 9; 205.065, subdivisions 1, 2; 205.075, subdivision 1, by
adding a subdivision; 205.13, subdivisions 1, 1a, 2; 205.16, subdivisions 2, 3;
205.185, subdivision 3, by adding a subdivision; 205.84, subdivision 2; 205A.03,
subdivision 2; 205A.10, subdivisions 2, 3, by adding a subdivision; 206.57,
subdivision 6; 206.82, subdivision 2; 206.89, subdivision 2; 208.03; 208.05;
211A.02, subdivision 2; 211A.05, subdivision 2; 211B.045; 211B.11, by adding
a subdivision; 211B.12; 367.03, subdivision 4, by adding a subdivision; 447.32,
subdivision 4; proposing coding for new law in Minnesota Statutes, chapters
201; 203B; 204B; 204D; 205; 205A; repealing Minnesota Statutes 2008, sections
10A.20, subdivision 6b; 201.096; 203B.04, subdivision 5; 203B.10; 203B.12;
203B.13; 203B.25; 206.805, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ELECTIONS AND VOTING
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 13.607, subdivision 7, is amended to read:
Subd. 7.
Absentee ballots.
Disclosure of names of voters submitting absentee
ballots is governed by section deleted text begin 203B.12, subdivision 7deleted text end new text begin 203B.121, subdivision 2new text end .
Sec. 6.
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. 7.
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. 8.
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 prior to the election, the eligible voter meets
any residency requirement imposed under this subdivision.
new text end
Sec. 9.
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. 10.
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.
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. 11.
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 new text begin current, validnew text end 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. 12.
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, has been shown to properly retrieve information
from the correct voter's record, and can handle the expected volume of use.
new text end
Sec. 13.
Minnesota Statutes 2008, section 201.11, is amended to read:
201.11 PRECINCT BOUNDARIESnew text begin ; HOUSE NUMBER; STREET ADDRESSnew 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 prior to any election in a jurisdiction which includes the affected residence.
new text end
Sec. 14.
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. 15.
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. 16.
new text begin
[201.35] REPORT TO LEGISLATURE; UNDELIVERABLE
REGISTRATION NOTICES.
new text end
new text begin
By January 15 of each odd-numbered year, the secretary of state shall report to the
chair and ranking minority members of the house of representatives and senate committees
with jurisdiction over election issues on the number of registration notices returned as
undeliverable. The report must include the total number of notices returned statewide,
organized by county and by precinct. Each county auditor must cooperate with the
secretary of state in providing the data required by this section in a timely manner.
new text end
Sec. 17.
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 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. 18.
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. 19.
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. 20.
Minnesota Statutes 2008, section 203B.05, is amended to read:
203B.05 DESIGNATION OF MUNICIPAL CLERKS TO ADMINISTER
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 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 if the
clerk has technical capacity to access 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
must receive training approved by the secretary of state on the use of the statewide voter
registration system before administering this section. 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 to be able to handle the
expected volume of use.
new text end
Sec. 21.
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.121new text end , subdivision 2, 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 to be able to handle the
expected volume of use.
new text end
Sec. 22.
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 to be able to handle the
expected volume of use.
new text end
Sec. 23.
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. 24.
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. 25.
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 to be able to handle the
expected volume of use.
new text end
Sec. 26.
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. 27.
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. 28.
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.
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.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. 30.
new text begin
[203B.121] BALLOT BOARDS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; applicable laws. new text end
new text begin
(a) The governing body of each
county, municipality, and school district with responsibility to accept and reject absentee
ballots must, by ordinance or resolution, establish 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 the appointment of judges, and is also exempt from the duties otherwise
required to be performed by ballot board members or election judges of two different
major political parties.
new text end
new text begin
(b) Each jurisdiction must pay a reasonable compensation to each member of that
jurisdiction's ballot board for services rendered during an election.
new text end
new text begin
(c) Except as otherwise provided by this section, all provisions of the Minnesota
Election Law apply to a ballot board.
new text end
new text begin Subd. 2. new text end
new text begin Duties of ballot board; absentee ballots. new text end
new text begin
(a) The members of the ballot
board shall take possession of all return envelopes delivered to them in accordance
with section 203B.08. Upon receipt from the county auditor, municipal clerk, or school
district clerk, two or more members of the ballot board of different major political parties
shall examine each return envelope and shall mark it accepted or rejected in the manner
provided in this subdivision.
new text end
new text begin
(b) The members of the ballot board shall mark the return envelope "accepted" and
initial or sign the return envelope below the word "accepted" if a majority of the members
of the ballot board are satisfied that:
new text end
new text begin
(1) the voter's name and address on the return envelope are the same as the
information provided on the absentee ballot application;
new text end
new text begin
(2) the voter signed the certification on the envelope;
new text end
new text begin
(3) 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 determine 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) 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
new text end
new text begin
(5) the voter has not already voted at that election, either in person or by absentee
ballot.
new text end
new text begin
The return envelope from accepted ballots must be preserved and returned to the
county auditor.
new text end
new text begin
The ballots from return envelopes marked "accepted" shall be opened, duplicated as
needed in the manner provided in section 206.86, subdivision 5, initialed by the members
of the ballot board, and deposited in the appropriate ballot box. These duties must be
performed by ballot board members of two different major political parties. If more than
one ballot is enclosed in the ballot envelope, the ballots must be returned in the manner
provided by section 204C.25 for return of spoiled ballots, and may not be counted.
new text end
new text begin
(c)(1) If a majority of the members of the ballot board examining a return envelope
find that an absentee voter has failed to meet one of the requirements provided in
paragraph (b), they shall mark the return envelope "rejected," initial or sign it below the
word "rejected," list the reason for the rejection on the envelope, and return it to the county
auditor. There is no other reason for rejecting an absentee ballot beyond those permitted
by this section. 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.
new text end
new text begin
(2) 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. Notwithstanding any rule to the contrary, the official in charge of the election is not
required to write "replacement" on the replacement ballot.
new text end
new text begin
(3) If an envelope is rejected within five days of 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 electronic 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
(d) The names of voters who have submitted an absentee ballot return envelope to
the county auditor or municipal clerk that has not been accepted by a ballot board may not
be made available for public inspection until the close of voting on election day.
new text end
new text begin Subd. 3. 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's absentee ballot has been accepted in order to prevent
the voter from casting more than one ballot at an election. After a voter's record has
been marked, the individual must not be allowed to vote again at that election. In a state
primary, state general, or state special election, the auditor or clerk must also record in the
statewide voter registration system that the voter has cast a ballot.
new text end
new text begin
(b) The roster must be marked, or a supplemental report created, no later than the
start of voting on election day to indicate the voters that have already cast a ballot at the
election. The roster 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 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
The record of a voter who cast an absentee ballot in person on the day prior to the
election, or whose absentee ballot was received by the county auditor on the day of, or
the day prior to the election, is not required to be marked on the roster or contained in a
supplemental report as required by this paragraph.
new text end
new text begin Subd. 4. new text end
new text begin Storage and counting of absentee ballots. new text end
new text begin
(a) On a day on which
absentee ballots are inserted into a ballot box, two members of the ballot board of different
major political parties must:
new text end
new text begin
(1) remove the ballots from the ballot box at the end of the day;
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 whose absentee ballots were accepted
that day; and
new text end
new text begin
(3) seal and secure all voted and unvoted ballots present in that location at the end
of the day.
new text end
new text begin
(b) After the polls have closed on election day, two members of the ballot board of
different major political parties 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 shall be 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 shall 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
(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
completed previously, the 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. This task must be completed before the members of the ballot
board take any additional steps to process and count these ballots.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
The provisions of this section are effective when 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 to be able to
handle the expected volume of use.
new text end
Sec. 31.
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 ballot cards and related absentee forms to be used as provided in section 203B.08,
subdivision 1a, and for the reconciliation of voters and ballot cards before tabulation under
section deleted text begin 203B.12deleted text end new text begin 204C.20, subdivision 1new text end .
Sec. 32.
Minnesota Statutes 2008, section 203B.23, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
The county auditor must establish an absentee ballot
board for ballots issued under sections 203B.16 to 203B.27. The board may consist of
staff trained and certified 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 judgesnew text begin or members of the ballot boardnew text end of
different major political parties.
Sec. 33.
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. These duties must be performed by two members of the
ballot board of different major political parties.
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 to be able to handle the
expected volume of use.
new text end
Sec. 34.
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. deleted text begin The election judgesdeleted text end new text begin Two members of the ballot board of different major
political parties new text end shall mark the return envelope "Accepted" and initial or sign the return
envelope below the word "Accepted" if deleted text begin the election judgesdeleted text end new text begin a majority of the 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 to be able to handle the
expected volume of use.
new text end
Sec. 35.
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 to be able to handle the
expected volume of use.
new text end
Sec. 36.
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 petition, except as otherwise provided for partisan
offices in section 204D.10, subdivision 2deleted text begin , and for nonpartisan offices in section 204B.13,
subdivision 4deleted text end .
Sec. 37.
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 .
Sec. 38.
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
Sec. 39.
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
The amendment to paragraph (a) is effective for the state
primary in 2010 and thereafter.
new text end
Sec. 40.
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. 41.
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.
Sec. 42.
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 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 for state constitutional office or the candidate's legal guardian
files an affidavit of vacancy at least one day prior to 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
Sec. 43.
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.
Sec. 44.
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
Sec. 45.
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
Sec. 46.
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
Sec. 47.
Minnesota Statutes 2008, section 204B.13, is amended by adding a
subdivision to read:
new text begin Subd. 10. new text end
new text begin Subsequent vacancy in nomination. new text end
new text begin
(a) A vacancy in nomination that
occurs prior to a special election scheduled as a result of an earlier vacancy in nomination
must be filled in the same manner as provided in this section, except that the previously
scheduled special election must be canceled and a new special election held.
new text end
new text begin
(b) A special election required by this subdivision must be held on the second
Tuesday of the month following the month during which the prior special election was
scheduled to be held, provided that if the new special election date falls on a federal
holiday, the special election must be held on the next following Tuesday after the holiday.
new text end
Sec. 48.
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. 49.
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. 50.
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. 51.
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. 52.
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. 53.
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. 54.
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. 55.
Minnesota Statutes 2008, section 204B.18, subdivision 1, is amended to read:
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 funds 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 funds
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. 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.
Sec. 56.
Minnesota Statutes 2008, section 204B.19, subdivision 2, is amended to read:
Subd. 2.
Individuals not qualified to be election judges.
new text begin (a) Except as provided in
paragraph (b), new text end no individual shall be appointed as an election judge for any precinct if
that individual:
deleted text begin (a)deleted text end new text begin (1)new text end is unable to read, writenew text begin ,new text end or speak the English language;
deleted text begin (b)deleted text end new text begin (2)new text end is the spouse, parent, childnew text begin , including a stepchild, new text end or siblingnew text begin , including a
stepsibling, new text end of any election judge serving in the same precinct or of any candidate at
that election; or
deleted text begin (c)deleted text end new text begin (3)new text end is a candidate at that election.
new text begin
(b) Individuals who are related to each other as provided in paragraph (a), clause (2),
may serve as election judges in the same precinct, provided that they serve on separate
shifts that do not run concurrently.
new text end
Sec. 57.
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. 58.
Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:
Subdivision 1.
Appointment lists; duties of political parties and deleted text begin county auditordeleted text end new text begin
secretary of statenew text end .
On June 1 in a year in which there is an election for a partisan political
office, deleted text begin the county or legislative district chairs ofdeleted text end each major political partydeleted text begin , whichever
is designated by the state party,deleted text end shall prepare a list of eligible voters to act as election
judges in each election precinct deleted text begin in the county or legislative districtdeleted text end . The deleted text begin chairsdeleted text end new text begin political
parties new text end shall furnish the lists new text begin electronically new text end to the deleted text begin county auditor of the county in which
the precinct is locateddeleted text end new text begin secretary of state, in a format specified by the secretary of state.
The secretary of state must combine the data received from each political party under this
subdivision and must process the data to locate the precinct in which the address provided
for each potential election judge is located. If the data submitted by a political party is
insufficient for the secretary of state to locate the proper precinct, the associated name
must not appear in any list forwarded to an appointing authority under this subdivision.
The secretary of state shall notify political parties of any proposed election judges with
addresses that could not be located in a precinctnew text end .
By June 15, the deleted text begin county auditordeleted text end new text begin secretary of state new text end shall furnish new text begin electronically new text end to the
deleted text begin appointing authoritiesdeleted text end new text begin county auditor new text end a list of the appropriate names for each deleted text begin election
precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted
by the county auditor for each major political partydeleted text end new text begin county, noting the political party
affiliation of each individual on the list. The county auditor must promptly forward the
appropriate names to the appropriate municipal clerknew text end .
Sec. 59.
Minnesota Statutes 2008, section 204B.21, subdivision 2, is amended to read:
Subd. 2.
Appointing authority; powers and duties.
Election judges for precincts
in a municipality shall be appointed by the governing body of the municipality. Election
judges for precincts in unorganized territory and for performing election-related duties
assigned by the county auditor shall be appointed by the county board. Election judges for
a precinct composed of two or more municipalities must be appointed by the governing
body of the municipality or municipalities responsible for appointing election judges as
provided in the agreement to combine for election purposes. Except as otherwise provided
in this section, appointments shall be made from lists furnished pursuant to subdivision 1
subject to the eligibility requirements and other qualifications established or authorized
under section 204B.19. At least two election judges in each precinct must be affiliated with
different major political parties. If no lists have been furnished or if additional election
judges are required after all listed names new text begin in that municipalitynew text end have been exhausted, the
appointing authority may appoint other individuals who meet the qualifications to serve as
an election judge, including persons who are not affiliated with a major political party.
The appointments shall be made at least 25 days before the election at which the election
judges will servenew text begin , except that the appointing authority may pass a resolution authorizing
the appointment of additional election judges within the 25 days before the election if the
appointing authority determines that additional election judges will be requirednew text end .
Sec. 60.
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. 61.
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. 62.
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. 63.
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 prior to 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. 64.
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. 65.
Minnesota Statutes 2008, section 204B.38, is amended to read:
204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS.
When the similarity of surnames of two or more candidates for the same office
at the same election may cause confusion to votersnew text begin because the candidates also have
similar first namesnew text end , 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.
Sec. 66.
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. 67.
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 election.deleted text end new text begin within three days of receipt if there are 14 or fewer days before
election day, or within five days of receipt if there are more than 14 days before election
day. 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 or members of a ballot
board of different major political parties.new 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 of 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 members of the ballot board, and deposited in the ballot box. These duties must be
performed by two members of the ballot board of different major political parties.
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 mail or absentee 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 to be able to handle the
expected volume of use.
new text end
Sec. 68.
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 nor new 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 of receipt
if there are 14 or fewer days before election day, or within five days of receipt if there
are more than 14 days before election day. 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 or members of a ballot board 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 of 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 ballot board, and deposited in the appropriate ballot box. These duties must be
performed by two members of the ballot board of different major political parties.
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 to be able to handle the
expected volume of use.
new text end
Sec. 69.
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. 70.
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 work deleted text begin for the purpose of voting during the morning
ofdeleted text end new text begin for the time necessary to appear at the employee's polling place, cast a ballot, and return
to work 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. 71.
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 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. 72.
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
The amendment to subdivision 1b is effective for the state
primary in 2010 and thereafter.
new text end
Sec. 73.
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
deliberately providing false information is a felony" must be in bold type.
new text end
(b) 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.121, the election judge must review the supplemental list of those who have
already voted 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
(c) 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 to be able to handle the
expected volume of use.
new text end
Sec. 74.
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 and folding the ballots and, during a primary election, 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. 75.
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 deleted text begin and the deposit of any received absentee ballots
in the ballot boxesdeleted text end . 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 to be able to handle the
expected volume of use.
new text end
Sec. 76.
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. 77.
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 white, pink, canary, and
gray ballots; and the envelopes containing the white, pink, canary, and gray 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
municipal and school district ballots, the envelopes containing municipal and school
district 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. 78.
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
Prior to 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 any ballots were rejected
in error, the 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 county canvassing board must protect the privacy of voters' choices to the extent
practicable. Except as provided in this subdivision, a rejected absentee ballot may not be
reviewed outside of an election contest under chapter 209.
new text end
Sec. 79.
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. 80.
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. 81.
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. 82.
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. 83.
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 Augustnew 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. 84.
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. 85.
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 partisan primary ballot and a sample state and county
nonpartisan primary ballot 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 206.61, subdivision 5new text end . Only one sample state partisan
primary ballot and one sample state and county nonpartisan ballot shall be prepared for
any county. The county auditor shall post the sample ballots in a conspicuous place in the
auditor's office and shall cause them to be published at least one week before the state
primary in at least one newspaper of general circulation in the county.
Sec. 86.
Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read:
Subd. 5.
Regular state primary.
"Regular state primary" means:
(a) the state primary at which candidates are nominated for offices elected at the
state general election; or
(b) a primary held deleted text begin four weeks beforedeleted text end new text begin onnew text end the first Tuesday after the deleted text begin firstdeleted text end new text begin secondnew text end
Monday in deleted text begin Novemberdeleted text end new text begin Septembernew text end of odd-numbered years.
Sec. 87.
Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read:
Subd. 6.
Special election required; exception; when held.
Every vacancy shall be
filled for the remainder of the term by a special election held pursuant to this subdivision;
except that no special election shall be held in the year before the term expires.
The special election shall be held at the next November election if the vacancy
occurs at least deleted text begin sixdeleted text end new text begin ninenew text end weeks before the regular state primary preceding that election. If
the vacancy occurs less than deleted text begin sixdeleted text end new text begin ninenew text end weeks before the regular state primary preceding
the next November election, the special election shall be held at the second November
election after the vacancy occurs.
Sec. 88.
Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read:
Subd. 8.
Notice of special election.
The secretary of state shall issue an official
notice of any special election required to be held pursuant to this section not later than
deleted text begin tendeleted text end new text begin 12new text end weeks before the special primary, except that if the vacancy occurs deleted text begin tendeleted text end new text begin 12new text end weeks or
less before the special primary, the secretary of state shall issue the notice no later than
two days after the vacancy occurs. The notice shall state the office to be filled, the opening
and closing dates for filing of candidacy and the dates of the special primary and special
election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply
generally to special elections, this notice shall be used in place of the writ of the governor.
Sec. 89.
Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read:
Subd. 9.
Filing by candidates.
The time for filing of affidavits and nominating
petitions for candidates to fill a vacancy at a special election shall open deleted text begin sixdeleted text end new text begin tennew text end weeks
before the special primary or on the day the secretary of state issues notice of the special
election, whichever occurs later. Filings shall close deleted text begin fourdeleted text end new text begin eightnew text end weeks before the special
primary.
Sec. 90.
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. 91.
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. 92.
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 April 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. 93.
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. 94.
Minnesota Statutes 2008, section 205.075, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Return to March election. new text end
new text begin
The town board of a town that has adopted
the alternative November election date under subdivision 2 may, after having conducted
at least two elections on the alternative date, adopt a resolution designating the second
Tuesday in March as the date of the town general election. The resolution must be
adopted by a unanimous vote of the town supervisors and must include a plan to shorten
or lengthen the terms of office to provide an orderly transition to the March election
schedule. The resolution becomes effective upon an affirmative vote of the electors at
the next town general election.
new text end
Sec. 95.
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. 96.
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. 97.
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. 98.
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. 99.
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. 100.
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 deleted text begin postdeleted text end new text begin preparenew text end a sample ballot
new text begin for the municipality, make them available for public inspection new text end in the clerk's office deleted text begin for
public inspectiondeleted text end , and post a sample ballot in each polling place on election day.
Sec. 101.
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 an election,deleted text end new text begin a state general election, 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. 102.
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 a county or another city 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. 103.
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. 104.
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. 105.
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. 106.
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 prior to 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 prior to 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. 107.
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. 108.
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 deleted text begin an absenteedeleted text end new text begin anew text end ballot board established pursuant
to section deleted text begin 203B.13deleted text end new text begin 203B.121new 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 to be able to handle the
expected volume of use.
new text end
Sec. 109.
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 electionnew 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. 110.
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
Prior to an election not held
in conjunction with a state election, a clerk may arrange to have a certified election
administrator from a county or another city 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. 111.
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 the
deleted text begin 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, a source
code that is trade secret information must be treated as nonpublic information, according
to 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. 112.
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. 113.
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 Ballots counted centrally by a ballot board shall be
considered one precinct eligible to be selected for 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.
Sec. 114.
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. 115.
Minnesota Statutes 2008, section 208.05, is amended to read:
208.05 STATE CANVASSING BOARD.
The State Canvassing Board at its meeting on the deleted text begin second Tuesday after each state
general electiondeleted text end new text begin date provided in section 204C.33new text end shall open and canvass the returns
made to the secretary of state for presidential electors and alternates, prepare a statement
of the number of votes cast for the persons receiving votes for these offices, and declare
the person or persons receiving the highest number of votes for each office duly elected.
When it appears that more than the number of persons to be elected as presidential electors
or alternates have the highest and an equal number of votes, the secretary of state, in the
presence of the board shall decide by lot which of the persons shall be declared elected.
The governor shall transmit to each person declared elected a certificate of election, signed
by the governor, sealed with the state seal, and countersigned by the secretary of state.
Sec. 116.
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. 117.
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. 118.
Minnesota Statutes 2008, section 367.03, subdivision 4, is amended to read:
Subd. 4.
Officers; November election.
new text begin Except as provided in subdivision 4a,
new text end supervisors and other town officers in towns that hold the town general election in
November shall be elected for terms of four years commencing on the first Monday in
January and until their successors are elected and qualified. The clerk and treasurer shall
be elected in alternate years.
Sec. 119.
Minnesota Statutes 2008, section 367.03, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Optional six-year terms. new text end
new text begin
The resolution required under section 205.075,
subdivision 2, to adopt the alternative November date for town general election may
include the proposal and corresponding transition plan to provide for a six-year term for
town supervisors. A town that has adopted the alternative November date for general town
elections using the four-year terms provided under subdivision 4 may adopt a resolution
establishing six-year terms for supervisors as provided under this subdivision. The
resolution must include a plan to provide an orderly transition to six-year terms. The
resolution adopting the six-year term for town supervisors may be proposed by the town
board or by a resolution of the electors adopted at the annual town meeting and is effective
upon an affirmative vote of the electors at the next town general election.
new text end
Sec. 120.
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. 121. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2008, sections 203B.04, subdivision 5; 203B.10; 203B.12;
203B.13; and 203B.25,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2008, sections 201.096; and 206.805, subdivision 2,
new text end
new text begin
are
repealed.
new text end
ARTICLE 2
CAMPAIGN FINANCE
Section 1.
Minnesota Statutes 2008, section 10A.01, subdivision 9, is amended to read:
Subd. 9.
Campaign expenditure.
"Campaign expenditure" or "expenditure" means
a purchase or payment of money or anything of value, or an advance of credit, made or
incurred for the purpose of influencing the nomination or election of a candidate or for
the purpose of promoting or defeating a ballot question.
An expenditure is considered to be made in the year in which the candidate made the
purchase of goods or services or incurred an obligation to pay for goods or services.
An expenditure made for the purpose of defeating a candidate is considered made
for the purpose of influencing the nomination or election of that candidate or any opponent
of that candidate.
Except as provided in clause (1), "expenditure" includes the dollar value of a
donation in kind.
"Expenditure" does not include:
(1) noncampaign disbursements as defined in subdivision 26;
(2) services provided without compensation by an individual volunteering personal
time on behalf of a candidate, ballot question, political committee, political fund, principal
campaign committee, or party unit; deleted text begin or
deleted text end
(3) the publishing or broadcasting of news items or editorial comments by the news
medianew text begin ; or
new text end
new text begin (4) an individual's unreimbursed personal use of an automobile owned by the
individual and used by the individual while volunteering personal timenew text end .
Sec. 2.
Minnesota Statutes 2008, section 10A.01, subdivision 11, is amended to read:
Subd. 11.
Contribution.
(a) "Contribution" means money, a negotiable instrument,
or a donation in kind that is given to a political committee, political fund, principal
campaign committee, or party unit.
(b) "Contribution" includes a loan or advance of credit to a political committee,
political fund, principal campaign committee, or party unit, if the loan or advance of credit
is: (1) forgiven; or (2) repaid by an individual or an association other than the political
committee, political fund, principal campaign committee, or party unit to which the loan
or advance of credit was made. If an advance of credit or a loan is forgiven or repaid as
provided in this paragraph, it is a contribution in the year in which the loan or advance
of credit was made.
(c) "Contribution" does not include services provided without compensation by an
individual volunteering personal time on behalf of a candidate, ballot question, political
committee, political fund, principal campaign committee, or party unitdeleted text begin , ordeleted text end new text begin ; new text end the publishing
or broadcasting of news items or editorial comments by the news medianew text begin ; or an individual's
unreimbursed personal use of an automobile owned by the individual while volunteering
personal timenew text end .
Sec. 3.
Minnesota Statutes 2008, section 10A.01, subdivision 18, is amended to read:
Subd. 18.
Independent expenditure.
"Independent expenditure" means an
expenditure expressly advocating the election or defeat of a clearly identified candidate,
if the expenditure is made without the express or implied consent, authorization, or
cooperation of, and not in concert with or at the request or suggestion of, any candidate or
any candidate's principal campaign committee or agent. An independent expenditure is
not a contribution to that candidate. deleted text begin An expenditure by a political party or political party
unit in a race where the political party has a candidate on the ballot is not an independent
expenditure.
deleted text end
Sec. 4.
Minnesota Statutes 2008, section 10A.01, subdivision 26, is amended to read:
Subd. 26.
Noncampaign disbursement.
"Noncampaign disbursement" means
a purchase or payment of money or anything of value made, or an advance of credit
incurred, or a donation in kind received, by a principal campaign committee for any of
the following purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign committee by that
committee;
(4) return of a public subsidy;
(5) payment for food, beveragesnew text begin , and necessary utensils and suppliesnew text end , entertainment,
and facility rental for a fund-raising event;
(6) services for a constituent by a member of the legislature or a constitutional officer
in the executive branch, including the costs of preparing and distributing a suggestion or
idea solicitation to constituents, performed from the beginning of the term of office to
adjournment sine die of the legislature in the election year for the office held, and half
the cost of services for a constituent by a member of the legislature or a constitutional
officer in the executive branch performed from adjournment sine die to 60 days after
adjournment sine die;
(7) payment for food and beverages consumed by a candidate or volunteers while
they are engaged in campaign activities;
(8) payment for food or a beverage consumed while attending a reception or meeting
directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed leaders of a legislative
caucus in carrying out their leadership responsibilities;
(10) payment by a principal campaign committee of the candidate's expenses for
serving in public office, other than for personal uses;
(11) costs of child care for the candidate's children when campaigning;
(12) fees paid to attend a campaign school;
(13) costs of a postelection party during the election year when a candidate's name
will no longer appear on a ballot or the general election is concluded, whichever occurs
first;
(14) interest on loans paid by a principal campaign committee on outstanding loans;
(15) filing fees;
(16) post-general election thank-you notes or advertisements in the news media;
(17) the cost of campaign material purchased to replace defective campaign material,
if the defective material is destroyed without being used;
(18) contributions to a party unit;
(19) payments for funeral gifts or memorials;
(20) the cost of a magnet less than six inches in diameter containing legislator
contact information and distributed to constituents;
(21) costs associated with a candidate attending a political party state or national
convention in this state; and
(22) other purchases or payments specified in board rules or advisory opinions as
being for any purpose other than to influence the nomination or election of a candidate
or to promote or defeat a ballot question.
The board must determine whether an activity involves a noncampaign disbursement
within the meaning of this subdivision.
A noncampaign disbursement is considered to be made in the year in which the
candidate made the purchase of goods or services or incurred an obligation to pay for
goods or services.
Sec. 5.
Minnesota Statutes 2008, section 10A.04, subdivision 5, is amended to read:
Subd. 5.
Late filing.
deleted text begin The board must send a notice by certified mail to any lobbyist
or principal who fails after seven days after a filing date imposed by this section to file a
report or statement or to pay a fee required by this section.deleted text end If a lobbyist or principal fails to
file a report deleted text begin or pay a feedeleted text end new text begin required by this sectionnew text end within ten business days after the deleted text begin notice
was sentdeleted text end new text begin report was duenew text end , the board may impose a late filing fee of $5 per day, not to exceed
$100, commencing with the 11th day after the deleted text begin notice was sentdeleted text end new text begin report was duenew text end . The board
must send deleted text begin an additionaldeleted text end notice by certified mail to any lobbyist or principal who fails to file
a report deleted text begin or pay a feedeleted text end within deleted text begin 14 days after the first notice was sent by the boarddeleted text end new text begin ten business
days after the report was duenew text end that the lobbyist or principal may be subject to a civil penalty
for failure to file the report or pay the fee. A lobbyist or principal who fails to file a report
or statement or pay a fee within seven days after the deleted text begin seconddeleted text end new text begin certified mailnew text end notice was sent
by the board is subject to a civil penalty imposed by the board of up to $1,000.
Sec. 6.
Minnesota Statutes 2008, section 10A.071, subdivision 3, is amended to read:
Subd. 3.
Exceptions.
(a) The prohibitions in this section do not apply if the gift is:
(1) a contribution as defined in section 10A.01, subdivision 11;
(2) services to assist an official in the performance of official duties, including
but not limited to providing advice, consultation, information, and communication in
connection with legislation, and services to constituents;
(3) services of insignificant monetary value;
(4) a plaque with a resale value of $5 or less;
(5) a trinket or memento costing $5 or less;
(6) informational material deleted text begin of unexceptional valuedeleted text end new text begin with a resale value of $5 or lessnew text end ; or
(7) food or a beverage given at a reception, meal, or meeting away from the
recipient's place of work by an organization before whom the recipient appears to make a
speech or answer questions as part of a program.
(b) The prohibitions in this section do not apply if the gift is given:
(1) because of the recipient's membership in a group, a majority of whose members
are not officials, and an equivalent gift is given to the other members of the group; or
(2) by a lobbyist or principal who is a member of the family of the recipient, unless
the gift is given on behalf of someone who is not a member of that family.
Sec. 7.
Minnesota Statutes 2008, section 10A.08, is amended to read:
10A.08 REPRESENTATION DISCLOSURE.
A public official who represents a client for a fee before an individual, board,
commission, or agency that has rulemaking authority in a hearing conducted under chapter
14, must disclose the official's participation in the action to the board within 14 days after
the appearance. deleted text begin The board must send a notice by certified mail to any public official
who fails to disclose the participation within 14 days after the appearance.deleted text end If the public
official fails to disclose the participation within ten business days after the deleted text begin notice was sentdeleted text end new text begin
disclosure required by this section was duenew text end , the board may impose a late filing fee of $5
per day, not to exceed $100, starting on the 11th day after the deleted text begin notice was sentdeleted text end new text begin disclosure
was duenew text end . The board must send deleted text begin an additionaldeleted text end notice by certified mail to a public official
who fails to disclose the participation within deleted text begin 14deleted text end new text begin tennew text end days after the deleted text begin first notice was sent by
the boarddeleted text end new text begin disclosure was duenew text end that the public official may be subject to a civil penalty for
failure to disclose the participation. A public official who fails to disclose the participation
within seven days after the deleted text begin seconddeleted text end new text begin certified mailnew text end notice was sent by the board is subject
to a civil penalty imposed by the board of up to $1,000.
Sec. 8.
Minnesota Statutes 2008, section 10A.09, subdivision 7, is amended to read:
Subd. 7.
Late filing.
deleted text begin The board must send a notice by certified mail to any
individual who fails within the prescribed time to file a statement of economic interest
required by this section.deleted text end If an individual fails to file a statement new text begin of economic interest
required by this section new text end within ten business days after the notice was sent, the board may
impose a late filing fee of $5 per day, not to exceed $100, commencing on the 11th day
after the deleted text begin notice was sentdeleted text end new text begin statement was duenew text end . The board must send deleted text begin an additionaldeleted text end notice by
certified mail to any individual who fails to file a statement within deleted text begin 14deleted text end new text begin tennew text end days after the
deleted text begin first notice was sent by the boarddeleted text end new text begin statement was due new text end that the individual may be subject to
a civil penalty for failure to file a statement. An individual who fails to file a statement
within seven days after the deleted text begin seconddeleted text end new text begin certified mailnew text end notice was sent by the board is subject to
a civil penalty imposed by the board up to $1,000.
Sec. 9.
Minnesota Statutes 2008, section 10A.14, subdivision 2, is amended to read:
Subd. 2.
Form.
The statement of organization must include:
(1) the name and address of the committee, fund, or party unit;
(2) the name deleted text begin anddeleted text end new text begin ,new text end addressnew text begin , and e-mail addressnew text end of the chair of a political committee,
principal campaign committee, or party unit;
(3) the name and address of any supporting association of a political fund;
(4) the name deleted text begin anddeleted text end new text begin ,new text end addressnew text begin , and e-mail addressnew text end of the treasurer and any deputy
treasurers;
(5) new text begin the name, address, and e-mail address of the candidate of a principal campaign
committee;
new text end
new text begin (6) new text end a listing of all depositories or safety deposit boxes used; and
deleted text begin (6)deleted text end new text begin (7)new text end for the state committee of a political party only, a list of its party units.
Sec. 10.
Minnesota Statutes 2008, section 10A.14, subdivision 4, is amended to read:
Subd. 4.
Failure to file; penalty.
deleted text begin The board must send a notice by certified mail to
any individual who fails to file a statement required by this section.deleted text end If the individual fails
to file a statement new text begin required by this section new text end within ten business days after the deleted text begin notice was
sentdeleted text end new text begin statement was duenew text end , the board may impose a late filing fee of $5 per day, not to exceed
$100, commencing with the 11th day after the deleted text begin notice was sentdeleted text end new text begin statement was duenew text end .
The board must send deleted text begin an additionaldeleted text end notice by certified mail to any individual who
fails to file a statement within deleted text begin 14deleted text end new text begin tennew text end days after the deleted text begin first notice was sent by the boarddeleted text end new text begin
statement was duenew text end that the individual may be subject to a civil penalty for failure to file
the deleted text begin reportdeleted text end new text begin statementnew text end . An individual who fails to file the statement within seven days
after the deleted text begin seconddeleted text end new text begin certified mailnew text end notice was sent by the board is subject to a civil penalty
imposed by the board of up to $1,000.
Sec. 11.
Minnesota Statutes 2008, section 10A.14, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Exemptions. new text end
new text begin
For good cause shown, the board must grant exemptions to
the requirement that e-mail addresses be provided.
new text end
Sec. 12.
Minnesota Statutes 2008, section 10A.20, subdivision 1, is amended to read:
Subdivision 1.
First filing; duration.
The treasurer of a political committee,
political fund, principal campaign committee, or party unit must begin to file the reports
required by this section in the first year it receives contributions or makes expenditures
in excess of $100 and must continue to file until the committee, fund, or party unit is
terminated.new text begin The reports must be filed electronically in a standards-based open format
specified by the board. For good cause shown, the board must grant exemptions to the
requirement that reports be filed electronically.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2012, and applies to
reports for election years on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2008, section 10A.20, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin Release of reports. new text end
new text begin
Except as provided in subdivision 1c, a report filed
under this section is nonpublic data until 8:00 a.m. on the day following the day the
report was due.
new text end
Sec. 14.
Minnesota Statutes 2008, section 10A.20, is amended by adding a subdivision
to read:
new text begin Subd. 1c. new text end
new text begin Reports of certain political party units. new text end
new text begin
(a) This subdivision applies to
the following party units:
new text end
new text begin
(1) the two state party units of major political parties that received the highest level
of contributions in the last election year;
new text end
new text begin
(2) the two party units established by members of a major party in the house of
representatives that received the highest level of contributions in the last election year; and
new text end
new text begin
(3) the two party units established by members of a major party in the senate that
received the highest level of contributions in the last election year.
new text end
new text begin
(b) A report filed under this section by a member of one of the party units listed in
paragraph (a) is nonpublic data until the reports of each of the party units in that group
have been filed.
new text end
new text begin
(c) A report filed electronically under this section by a member of one of the party
units listed in paragraph (a) is nonpublic data unless the reports of each of the party
units in that group are filed electronically or until the board has created electronic data
from the nonelectronic report so that data from each report are available in the same
electronic form. The board may produce a viewable image of an electronic report after the
requirements of paragraph (b) have been met.
new text end
new text begin
(d) A party unit may waive the restrictions on publication of data established in this
section through a written statement signed by the treasurer.
new text end
new text begin
(e) Nothing in this subdivision prevents the board from publicly disclosing that an
entity subject to this section has filed a report and the date the report was filed.
new text end
new text begin
(f) Each group listed in paragraph (a) is exempt from the electronic filing requirement
unless both members of the group have approved the filing format specified by the board.
new text end
Sec. 15.
Minnesota Statutes 2008, section 10A.20, subdivision 12, is amended to read:
Subd. 12.
Failure to file; penalty.
deleted text begin The board must send a notice by certified mail
to any individual who fails to file a statement required by this section.deleted text end If an individual
fails to file a deleted text begin statementdeleted text end new text begin report required by this section that isnew text end due January 31 within ten
business days after the deleted text begin notice was sentdeleted text end new text begin report was duenew text end , the board may impose a late filing
fee of $5 per day, not to exceed $100, commencing with the 11th day after the deleted text begin notice
was sentdeleted text end new text begin report was duenew text end .
If an individual fails to file a deleted text begin statementdeleted text end new text begin report required by this section that isnew text end due
before a primary or election within three days after the date due, regardless of whether the
individual has received any notice, the board may impose a late filing fee of $50 per day,
not to exceed $500, commencing on the fourth day after the date the statement was due.
The board must send deleted text begin an additionaldeleted text end notice by certified mail to an individual who fails
to file a deleted text begin statementdeleted text end new text begin reportnew text end within 14 days after the deleted text begin first notice was sent by the boarddeleted text end new text begin report
was duenew text end that the individual may be subject to a civil penalty for failure to file deleted text begin a statementdeleted text end new text begin
the reportnew text end . An individual who fails to file the deleted text begin statementdeleted text end new text begin reportnew text end within seven days after the
deleted text begin seconddeleted text end new text begin certified mailnew text end notice was sent by the board is subject to a civil penalty imposed by
the board of up to $1,000.
Sec. 16.
Minnesota Statutes 2008, section 10A.20, subdivision 13, is amended to read:
Subd. 13.
Third-party reimbursement.
An individual or association filing a
report disclosing an expenditure or noncampaign disbursement that must be reported and
itemized under subdivision 3, paragraph (g) or (l), that is a reimbursement to a third
party must report the purpose of each expenditure or disbursement for which the third
party is being reimbursed. new text begin In the alternative, the reporting individual or association may
report individually each of the underlying expenditures being reimbursed. new text end An expenditure
or disbursement is a reimbursement to a third party if it is for goods or services that
were not directly provided by the individual or association to whom the expenditure
or disbursement is made. Third-party reimbursements include payments to credit card
companies and reimbursement of individuals for expenses they have incurred.
Sec. 17.
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 on September 1, 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
Sec. 18.
Minnesota Statutes 2008, section 10A.31, is amended by adding a subdivision
to read:
new text begin Subd. 7a. new text end
new text begin Withholding of public subsidy. new text end
new text begin
If a candidate who is eligible for
payment of public subsidy under this section has not filed the report of receipts and
expenditures required under section 10A.20 before a primary election, any public subsidy
for which that candidate is eligible must be withheld by the board until the candidate
complies with the filing requirements of section 10A.20 and the board has sufficient time
to review or audit the report. If a candidate who is eligible for public subsidy does not file
the report due before the primary election under section 10A.20 by the date that the report
of receipts and expenditures filed before the general election is due, that candidate shall
not be paid public subsidy for that election.
new text end
Sec. 19.
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 by September 1 preceding
the candidate's general election or a special election held at the general election. 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 deleted text begin candidate files the affidavit of candidacy or nominating petition for
the officedeleted text end new text begin close of the filing period for the special election for which the candidate filednew text end .
Sec. 20.
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 during that calendar year 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 cutoff date 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 deleted text begin filing the affidavit of candidacydeleted text end new text begin
the close of the filing period for the special election for which the candidate filednew text end .
Sec. 21.
Minnesota Statutes 2008, section 10A.35, is amended to read:
10A.35 COMMERCIAL USE OF INFORMATION PROHIBITED.
Information copied from reports and statements filed with the boardnew text begin , other than
reports and statements filed by lobbyists and lobbyist principals,new text end may not be sold or used
by an individual or association for a commercial purpose. Purposes related to elections,
political activities, or law enforcement are not commercial purposes. An individual or
association who violates this section is subject to a civil penalty of up to $1,000. An
individual who knowingly violates this section is guilty of a misdemeanor.
Sec. 22.
Minnesota Statutes 2008, section 13.607, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Campaign reports. new text end
new text begin
Certain reports filed with the Campaign Finance and
Public Disclosure Board are classified under section 10A.20.
new text end
Sec. 23.
Minnesota Statutes 2008, section 211A.02, subdivision 2, is amended to read:
Subd. 2.
Information required.
The report to be filed by a candidate or committee
must include:
(1) the name of the candidate or ballot question;
(2) the printed name, address, telephone number, signature, and e-mail address, if
available, of the person responsible for filing the report;
(3) new text begin the total cash on hand;
new text end
new text begin (4) new text end the total amount of receipts and expenditures for the period from the last previous
report to five days before the current report is due;
deleted text begin (4)deleted text end new text begin (5)new text end the amount, date, and purpose for each expenditure; and
deleted text begin (5)deleted text end new text begin (6)new text end the name, address, and employer, or occupation if self-employed, of any
individual or committee that during the year has made one or more contributions that in
the aggregate exceed $100, and the amount and date of each contribution. The filing
officer must restrict public access to the address of any individual who has made a
contribution that exceeds $100 and who has filed with the filing officer a written statement
signed by the individual that withholding the individual's address from the financial report
is required for the safety of the individual or the individual's family.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2010.
new text end
Sec. 24.
Minnesota Statutes 2008, section 211A.05, subdivision 2, is amended to read:
Subd. 2.
Notice of failure to file.
If a candidate or committee new text begin has filed an initial
report, but new text end fails to file a new text begin subsequent new text end report on the date it is due, the filing officer shall
immediately notify the candidate or committee of the failure to file. If a report is not filed
within ten days after the notification is mailed, the filing officer shall file a complaint
under section 211B.32.
Sec. 25.
Minnesota Statutes 2008, section 211B.12, is amended to read:
211B.12 LEGAL EXPENDITURES.
Use of money collected for political purposes is prohibited unless the use is
reasonably related to the conduct of election campaigns, or is a noncampaign disbursement
as defined in section 10A.01, subdivision 26. The following are permitted expenditures
when made for political purposes:
(1) salaries, wages, and fees;
(2) communications, mailing, transportation, and travel;
(3) campaign advertising;
(4) printing;
(5) office and other space and necessary equipment, furnishings, and incidental
supplies;
(6) charitable contributions of not more than $100 to any charity organized
under section 501(c)(3) of the Internal Revenue Code annually, except that the amount
contributed by a principal campaign committee new text begin or from the campaign fund of a candidate
for political subdivision office new text end that dissolves within one year after the contribution is made
is not limited by this clause; and
(7) other expenses, not included in clauses (1) to (6), that are reasonably related to
the conduct of election campaigns. In addition, expenditures made for the purpose of
providing information to constituents, whether or not related to the conduct of an election,
are permitted expenses. Money collected for political purposes and assets of a political
committee or political fund may not be converted to personal use.
Sec. 26. new text begin CAMPAIGN FINANCE BOARD; FUNDING OPTION.
new text end
new text begin
The Campaign Finance Board shall analyze the potential use of funds collected
under Minnesota Statutes, section 10A.31, as the exclusive source of funding for the
operations of the board.
new text end
new text begin
The board must submit a report describing the board's findings and recommendations
under this section to the chairs of the legislative committees with jurisdiction over
elections finance no later than January 15, 2010.
new text end
Sec. 27. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 10A.20, subdivision 6b,
new text end
new text begin
is repealed.
new text end