Minnesota Legislature
SF 1346
as introduced - 88th Legislature (2013 - 2014) Posted on 04/04/2013 02:31pm
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A bill for an act
relating to elections; modifying provisions related to election law including
provisions related to redistricting, absentee voting, registration, ballots, election
day activities, municipal elections, school district elections, voting, campaigns,
and hospital district elections; amending Minnesota Statutes 2012, sections
103C.305, subdivision 3; 201.071, subdivision 2; 203B.08, subdivision 3;
203B.081; 204B.22, subdivision 1; 204C.14; 204D.11, subdivision 4; 205.10,
subdivision 3; 205A.08, subdivision 1; 206.895; 208.04, subdivision 1;
211B.045; 447.32, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[2.395] THIRTY-NINTH DISTRICT.
new text end
new text begin Subdivision 1. new text end
new text begin Senate district. new text end
new text begin
Senate District 39 consists of that district as
described in the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie,
No. A11-152 (February 21, 2012).
new text end
new text begin Subd. 2. new text end
new text begin House of representatives districts. new text end
new text begin
Notwithstanding the order of the
Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February
21, 2012), Senate District 39, as described in that order, is divided into two house of
representatives districts as follows:
new text end
new text begin
(a) House of Representatives District 39A consists of that district as described in
file L39A-1, on file with the Geographic Information Systems Office of the Legislative
Coordinating Commission and published on its Web site on March 9, 2012.
new text end
new text begin
(b) House of Representatives District 39B consists of that district as described in
file L39B-1, on file with the Geographic Information Systems Office of the Legislative
Coordinating Commission and published on its Web site on March 9, 2012.
new text end
Sec. 2.
Minnesota Statutes 2012, section 103C.305, subdivision 3, is amended to read:
Subd. 3.
Ballots.
Ballots shall be prepared by the county auditor. The names of
candidates shall be placed on the deleted text begin "canary ballot" described in section 204D.11, subdivision
3deleted text end new text begin state general election ballotnew text end . The office title printed on the ballot must be either "Soil
and Water Conservation District Supervisor" or "Conservation District Supervisor," based
upon the district from which the supervisor is to be elected.
Sec. 3.
Minnesota Statutes 2012, section 201.071, subdivision 2, is amended to read:
Subd. 2.
Instructions.
A registration application shall be accompanied by
instructions specifying the manner and method of registration, the qualifications for
voting, the penalties for false registration, and the availability of registration and voting
assistance for elderly and disabled individuals and residents of health care facilities and
hospitals. The instructions must indicate that if the voter does not have a valid Minnesota
driver's license or identification card, the last four digits of the voter's Social Security
number must be provided, unless the voter does not have a Social Security number. If,
prior to election day, a person requests the instructions in Braille, deleted text begin on cassette tapedeleted text end new text begin audio
formatnew text end , or in a version printed in 16-point bold type with 24-point leading, the county
auditor shall provide them in the form requested. The secretary of state shall prepare
Braille and deleted text begin cassettedeleted text end new text begin audio new text end copies and make them available.
Sec. 4.
Minnesota Statutes 2012, 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. Within five days after receipt, the county auditor or municipal clerk shall deliver to
the 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 days.new text begin Ballots received on election day either (1) after 3:00
p.m., if delivered by an agent; or (2) after the last mail delivery, if delivered by another
method, shall be marked as received late by the county auditor or municipal clerk, and
must not be delivered to the ballot board.
new text end
Sec. 5.
Minnesota Statutes 2012, section 203B.081, is amended to read:
203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
An eligible voter may vote by absentee ballot in the office of the county auditor and
at any other polling place designated by the county auditor during the 46 days beforedeleted text begin :deleted text end new text begin the
election, except as provided in this subdivision.
new text end
deleted text begin
(1) a regularly scheduled election for federal, state, county, city, or school board
office;
deleted text end
deleted text begin
(2) a special election for a federal or county office; and
deleted text end
deleted text begin
(3) an election held in conjunction with an election described in clauses (1) and (2),
deleted text end
deleted text begin anddeleted text end new text begin Voters casting absentee ballots in person for a town election held in March may
do so new text end during the 30 days before deleted text begin any otherdeleted text end new text begin the new text end election. The county auditor shall make
such designations at least 14 weeks before the election. At least one voting booth in each
polling place must be made available by the county auditor for this purpose. The county
auditor must also make available at least one electronic ballot marker in each polling place
that has implemented a voting system that is accessible for individuals with disabilities
pursuant to section 206.57, subdivision 5.
Sec. 6.
Minnesota Statutes 2012, section 204B.22, subdivision 1, is amended to read:
Subdivision 1.
Minimum number required.
(a) A minimum of four election
judges shall be appointed for each precinctdeleted text begin , except as provided by subdivision 2deleted text end new text begin in the
state general election. In all other elections, a minimum of three election judges shall
be appointed for each precinctnew text end . In a combined polling place under section 204B.14,
subdivision 2, at least one judge must be appointed from each municipality in the
combined polling place, provided that not less than three judges shall be appointed for
each combined polling place. The appointing authorities may appoint election judges for
any precinct in addition to the number required by this subdivision including additional
election judges to count ballots after voting has ended.
(b) An election judge may serve for all or part of election day, at the discretion of the
appointing authority, as long as the minimum number of judges required is always present.
The head election judge designated under section 204B.20 must serve for all of election day
and be present in the polling place unless another election judge has been designated by the
head election judge to perform the functions of the head election judge during any absence.
Sec. 7.
Minnesota Statutes 2012, section 204C.14, is amended to read:
204C.14 UNLAWFUL VOTING; PENALTY.
No individual shall intentionally:
(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in
a ballot box or attempting to vote by means of a voting machine or electronic voting system;
(b) vote more than once at the same election;
(c) put a ballot in a ballot box for any illegal purpose;
(d) give more than one ballot of the same kind deleted text begin and colordeleted text end to an election judge to
be placed in a ballot box;
(e) aid, abet, counsel or procure another to go into any precinct for the purpose
of voting in that precinct, knowing that the other individual is not eligible to vote in
that precinct; or
(f) aid, abet, counsel or procure another to do any act in violation of this section.
A violation of this section is a felony.
Sec. 8.
Minnesota Statutes 2012, section 204D.11, subdivision 4, is amended to read:
Subd. 4.
Special federal deleted text begin whitedeleted text end ballot.
(a) The names of all candidates for the
offices of president and vice-president of the United States and senator and representative
in Congress shall be placed on a ballot deleted text begin printed on white paper whichdeleted text end new text begin that new text end shall be known
as the "special federal deleted text begin whitedeleted text end ballot."
(b) This ballot shall be prepared by the county auditor in the same manner as
the deleted text begin whitedeleted text end new text begin state general election new text end ballot and shall be subject to the rules adopted by the
secretary of state pursuant to subdivision 1. This ballot must be prepared and furnished
in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act,
United States Code, title 42, section 1973ff.
(c) The special federal deleted text begin whitedeleted text end ballot shall be the only ballot sent to citizens of
the United States who are eligible to vote by absentee ballot for federal candidates in
Minnesota.
Sec. 9.
Minnesota Statutes 2012, section 205.10, subdivision 3, is amended to read:
Subd. 3.
Prohibition.
No special election authorized under subdivision 1 may be
held within deleted text begin 40deleted text end new text begin 56 new text end days after the state general election.
Sec. 10.
Minnesota Statutes 2012, section 205A.08, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Buffdeleted text end new text begin General election new text end ballot.
The names of all candidates for offices
new text begin and all ballot questions new text end to be voted on at a school district general election must be placed
on a single ballot deleted text begin printed on buff paper and known as the "buff ballot."deleted text end new text begin .
new text end
Sec. 11.
Minnesota Statutes 2012, section 206.895, is amended to read:
206.895 SECRETARY OF STATE MONITOR.
The secretary of state must monitor and evaluate election procedures in precincts
subject to the audit provided for in section 206.89 in at least deleted text begin four precinctsdeleted text end new text begin one precinct new text end in
each congressional district. The precincts must be chosen by lot by the State Canvassing
Board at its meeting to canvass the state general election.
Sec. 12.
Minnesota Statutes 2012, section 208.04, subdivision 1, is amended to read:
Subdivision 1.
Form of presidential ballots.
When presidential electors and
alternates are to be voted for, a vote cast for the party candidates for president and vice
president shall be deemed a vote for that party's electors and alternates as filed with the
secretary of state. The secretary of state shall certify the names of all duly nominated
presidential and vice presidential candidates to the county auditors of the counties of
the state. Each county auditor, subject to the rules of the secretary of state, shall cause
the names of the candidates of each major political party and the candidates nominated
by petition to be printed in capital letters, set in type of the same size and style as for
candidates on the state deleted text begin whitedeleted text end new text begin general election new text end ballot, before the party designation. To the
left of, and on the same line with the names of the candidates for president and vice
president, near the margin, shall be placed a square or box, in which the voters may
indicate their choice by marking an "X."
The form for the presidential ballot and the relative position of the several candidates
shall be determined by the rules applicable to other state officers. The state ballot, with
the required heading, shall be printed on the same piece of paper and shall be below the
presidential ballot with a blank space between one inch in width.
Sec. 13.
Minnesota Statutes 2012, section 211B.045, is amended to read:
211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
deleted text begin In any municipality, whether or not the municipality has an ordinance that regulates
the size or number of noncommercial signs,deleted text end All noncommercial signs of any size may be
posted in any number deleted text begin fromdeleted text end new text begin beginning new text end 46 days before the state primary in a state general
election year until ten days following the state general election.new text begin Municipal ordinances
may regulate the size and number of noncommercial signs at other times.
new text end
Sec. 14.
Minnesota Statutes 2012, section 447.32, subdivision 2, is amended to read:
Subd. 2.
Elections.
Except as provided in this chapter, the Minnesota Election Law
applies to hospital district elections, as far as practicable. Regular elections must be held
in each hospital district at the same time, in the same election precincts, and at the same
polling places as general elections of state and county officers. It may establish the whole
district as a single election precinct or establish two or more different election precincts and
polling places for the elections. If there is more than one precinct, the boundaries of the
election precincts and the locations of the polling places must be defined in the notice of
election, either in full or by reference to a description or map on file in the office of the clerk.
Special elections may be called by the hospital board to vote on any matter required
by law to be submitted to the voters. A special election may not be conducted either
during the deleted text begin 30deleted text end new text begin 56new text end days before deleted text begin and the 30 days after the statedeleted text end new text begin or the 56 days after a regularly
scheduled new text end primary or deleted text begin statedeleted text end general election, deleted text begin or during the 20 days before and the 20 days
after the regularly scheduled election of any municipalitydeleted text end new text begin conducted new text end wholly or partially
within the hospital district. Special elections must be held within the election precinct or
precincts and at the polling place or places designated by the board. In the case of the
first election of officers of a new district, precincts and polling places must be set by the
governing body of the most populous city or town included in the district.
Advisory ballots may be submitted by the hospital board on any question it wishes,
concerning the affairs of the district, but only at a regular election or at a special election
required for another purpose.
Sec. 15. new text begin EFFECTIVE DATE.
new text end
new text begin
Section 1 is effective for the state primary and state general elections conducted
in 2014 for terms of office beginning on the first Monday in January 2015, and for all
elections held thereafter.
new text end