as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 proposing an amendment to the Minnesota Constitution; 1.3 adding a section to article IV to provide for 1.4 initiative and referendum; providing procedures for 1.5 initiative and referendum; providing penalties; 1.6 amending Minnesota Statutes 1994, sections 10A.20, by 1.7 adding a subdivision; 204C.19, subdivision 2; 204C.27; 1.8 204C.33; 204D.11, by adding a subdivision; 204D.15; 1.9 204D.16; and 204D.165; proposing coding for new law in 1.10 Minnesota Statutes, chapter 3B. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. [CONSTITUTIONAL AMENDMENT.] 1.13 An amendment to the Minnesota Constitution, adding a 1.14 section to article IV, is proposed to the people. If the 1.15 amendment is adopted the section will read as follows: 1.16 Sec. 27. The enactment of a law, including a law to repeal 1.17 another law, may be initiated by the petition of the eligible 1.18 voters. A proposal for an initiated law shall be placed on the 1.19 ballot at a general election if petitions for it are signed by 1.20 eligible voters in each congressional district in a number not 1.21 less than five percent of the number of persons who voted in 1.22 that district at the last general election. An initiated law 1.23 shall be enacted upon the affirmative vote of a majority of 1.24 those voting on the question. An initiated law may not be 1.25 amended or repealed or a law repealed by an initiated law may 1.26 not be again enacted before the next general election after the 1.27 vote on the initiated law. The governor may not veto an 1.28 initiated law. If a law that is similar to a pending initiated 2.1 law is enacted under the other provisions of article IV, the 2.2 sponsors of the initiative may abandon it. The similar law may 2.3 provide that, if the sponsors of the initiative decline to 2.4 abandon it, the similar law will also be placed on the ballot to 2.5 be voted on like the initiated law. If both receive the 2.6 affirmative vote of a majority, only that which has the greater 2.7 vote shall take effect. 2.8 An amendment to the constitution may be initiated by the 2.9 petition of the eligible voters subject to the same conditions 2.10 as an initiative to enact a law. The amendment shall become 2.11 part of this constitution upon the affirmative vote of a 2.12 majority of those voting on the question. 2.13 The legislature may, by a law enacted under the other 2.14 provisions of article IV, refer a law to the referendum of the 2.15 people. A referred law shall take effect upon the affirmative 2.16 vote of a majority of those voting on the question. 2.17 The legislature shall, by law, provide procedures to 2.18 facilitate the provisions of this section. 2.19 Sec. 2. [QUESTION.] 2.20 The amendment shall be submitted to the people at the 1996 2.21 general election. The question proposed shall be: 2.22 "Shall the Minnesota Constitution be amended to provide for 2.23 initiative and referendum? 2.24 Yes ....... 2.25 No ........" 2.26 Sec. 3. [3B.31] [CITATION.] 2.27 Sections 3B.31 to 3B.58 may be cited as the initiative and 2.28 referendum implementation act. 2.29 Sec. 4. [3B.32] [DEFINITIONS.] 2.30 Subdivision 1. [SCOPE.] The words defined by this section 2.31 shall, when used in sections 3B.31 to 3B.58, have the meanings 2.32 given them. 2.33 Subd. 2. [GENERAL ELECTION.] "General election" is as 2.34 defined in section 200.02, subdivision 2. 2.35 Subd. 3. [MEASURE.] "Measure" means a law proposed by an 2.36 initiative petition or a referred law. 3.1 Subd. 4. [PETITION DRIVE.] "Petition drive" means the 3.2 organized process by which the sponsors and their authorized 3.3 agents solicit eligible voters to sign initiative petitions. 3.4 Subd. 5. [SPONSORS.] "Sponsors" means the persons 3.5 specified by section 3B.33, subdivision 2, clause (1). 3.6 Sec. 5. [3B.33] [PREPARATION FOR PETITIONING.] 3.7 Subdivision 1. Before circulation of any petitions to have 3.8 an initiative placed on the ballot, the sponsors shall file a 3.9 declaration with the secretary of state not later than March 1 3.10 of an odd-numbered year. 3.11 Subd. 2. The declaration shall: 3.12 (1) state the names, mailing addresses, and a business or 3.13 residential telephone number of not fewer than 50 eligible 3.14 voters with an indication of who is the chair and who is the 3.15 treasurer; 3.16 (2) state the name and mailing address of all committees, 3.17 groups, or organizations known to the sponsors who intend to 3.18 support the petition drive on the measure or otherwise aid the 3.19 sponsors; 3.20 (3) give a description of the intent or purpose of an 3.21 initiative; 3.22 (4) state a short title, which is not misleading, by which 3.23 the sponsors want the initiative to be identified; and 3.24 (5) state the name, address, and telephone number of a 3.25 person who is generally available to work on the final form and 3.26 wording of the measure and is authorized to approve its final 3.27 form and wording. 3.28 Subd. 3. The secretary of state shall provide a sample 3.29 declaration form. 3.30 Subd. 4. The sponsors shall pay to the secretary of state 3.31 a filing fee of $200. 3.32 Sec. 6. [3B.34] [ADVICE BY REVISOR OF STATUTES.] 3.33 Subdivision 1. The secretary of state shall immediately 3.34 forward one copy of each declaration to the revisor of 3.35 statutes. The secretary of state shall also advise the sponsors 3.36 to consult with the revisor. 4.1 Subd. 2. The revisor of statutes shall, within 42 days 4.2 after the filing of the declaration, prepare a final draft of an 4.3 initiative. The intent and purpose may be amplified or refined 4.4 by the person authorized by the declaration to approve the form 4.5 and wording of the measure. The revisor shall advise that 4.6 sponsor as to the measure's constitutionality, and the best form 4.7 of the measure to accomplish the sponsors' intent and purpose. 4.8 However, if the revisor and the sponsors disagree as to the best 4.9 form and content of the measure to accomplish the sponsors' 4.10 intent and purpose, or disagree as to constitutionality, the 4.11 directions of the sponsors shall prevail. All discussions by 4.12 the revisor with the sponsors shall be treated by the revisor as 4.13 confidential. If, after consulting the revisor, the sponsors do 4.14 not desire the revisor's assistance, the chair shall sign a 4.15 written waiver of assistance. The waiver shall then be filed 4.16 with the secretary of state and the revisor, together with a 4.17 final draft of the initiative prepared by the sponsors. 4.18 Together with the final draft prepared by the revisor, or within 4.19 seven days after receiving the waiver and final draft prepared 4.20 by the sponsors, the revisor shall furnish the sponsors and the 4.21 secretary of state with a summary of the measure to be proposed 4.22 to the people. 4.23 Subd. 3. The form of initiatives shall conform to the form 4.24 of bills considered by the legislature. The enacting clause 4.25 shall be "BE IT ENACTED BY THE PEOPLE OF THE STATE OF 4.26 MINNESOTA." No initiative shall embrace more than one subject. 4.27 The measure may not provide for the form of the ballot question 4.28 by which it would be submitted to the electors. 4.29 Subd. 4. If the sponsors, within 63 days after filing 4.30 their declaration, have not filed with the secretary of state 4.31 either the revisor's final draft or their waiver of assistance 4.32 from the revisor and a final draft prepared by them, the 4.33 petition drive shall be deemed abandoned. 4.34 Sec. 7. [3B.35] [PETITIONS FOR INITIATIVE.] 4.35 Subdivision 1. Each initiative petition shall consist of 4.36 as many copies as the sponsors print, each of which shall be not 5.1 more than one sheet of paper and contain the following on the 5.2 front: 5.3 (1) in not less than 24-point bold type on a 30-point body 5.4 at the top of the front page, the printed words "OFFICIAL 5.5 INITIATIVE PETITION"; 5.6 (2) the short title by which the measure is to be 5.7 identified and the chair of the sponsors; 5.8 (3) the summary of the measure prepared by the revisor; 5.9 (4) a statement that a verbatim copy of the initiative is 5.10 available for public examination at the office of the secretary 5.11 of state or any county auditor; and 5.12 (5) space for eligible voters to sign the petition 5.13 including space for the signature, printed name, telephone 5.14 number, mailing address, county and congressional district of 5.15 residence, and an indication of status as eligible voter. 5.16 Subd. 2. On the front or back of each petition shall be an 5.17 affidavit for the person who circulated the petition which shall 5.18 include the person's name, mailing address, and telephone 5.19 number; indicate that to the best of the person's knowledge each 5.20 of the signers is an eligible voter and resident in the county 5.21 and congressional district indicated; identify the sponsors on 5.22 whose behalf the petition was circulated; and state the period 5.23 during which it was circulated. 5.24 Subd. 3. At the time that the final draft of the 5.25 initiative measure is filed with the secretary of state, the 5.26 sponsors shall also file a copy of the petition with the 5.27 secretary of state. Within seven days the secretary of state 5.28 shall examine the petition and determine whether it complies 5.29 with this section. If the petition complies, the secretary of 5.30 state shall approve it and notify the sponsors. If the 5.31 secretary of state finds that the petition does not comply, the 5.32 secretary of state shall disapprove it and order it redrafted. 5.33 The secretary of state shall notify the sponsors that the 5.34 petition does not comply with the law and specify what changes 5.35 are necessary to bring it into compliance. Failure to refile a 5.36 new petition drafted in accordance with the secretary of state's 6.1 instructions not later than seven days after the secretary of 6.2 state's notice constitutes abandonment of the petition drive. 6.3 Upon refiling, the secretary of state shall again examine the 6.4 petition for its compliance with this section and approve it or 6.5 again reject it within seven days after the refiling. The 6.6 petition may subsequently be refiled until it is found to comply 6.7 with the law and rules. 6.8 Subd. 4. The secretary of state shall, within seven 6.9 calendar days after approving the initiative, send to the county 6.10 auditor in each county a verbatim copy of the initiative as on 6.11 file in the secretary of state's office. 6.12 Sec. 8. [3B.36] [TIME OF CIRCULATION OF PETITIONS; 6.13 VOLUNTARY ABANDONMENT.] 6.14 Subdivision 1. Initiative petitions may only be circulated 6.15 on those days of odd-numbered years which are more than eight 6.16 calendar days after the date of the secretary of state's 6.17 approval of the petition. Sponsors may undertake organizational 6.18 activity or complete the procedures of section 3B.33, 3B.34, or 6.19 3B.35 before petitions are circulated. 6.20 Subd. 2. The sponsors may abandon the petition drive at 6.21 any time before the petition is certified by the secretary of 6.22 state as provided in section 3B.42. To abandon the drive, a 6.23 declaration to that effect shall be filed with the secretary of 6.24 state. The filing of the declaration shall not prevent other 6.25 sponsors from beginning a similar or identical petition drive. 6.26 All petitions signed before the declaration are void upon the 6.27 filing of the declaration and may not subsequently be used by 6.28 new sponsors. 6.29 Subd. 3. Petitions which are signed but never filed, or 6.30 which are filed but the number of signatures is later determined 6.31 to be insufficient, are void after the year in which they were 6.32 signed. The petitions may not be used for similar or identical 6.33 petition circulation efforts in subsequent years. 6.34 Sec. 9. [3B.37] [SIGNATURES.] 6.35 An initiative shall be placed on the ballot if petitions 6.36 for it are signed by eligible voters in each congressional 7.1 district of the state in a number not less than five percent of 7.2 the number of persons who voted at the last general election in 7.3 that congressional district. 7.4 Sec. 10. [3B.38] [FILING OF PETITIONS.] 7.5 The sponsors shall file the signed petitions with the 7.6 secretary of state not later than October 1 of the year in which 7.7 the petitions are circulated. Before filing the signed 7.8 petitions the sponsors shall securely bind them together. Only 7.9 the sponsors, or those authorized in writing by the sponsors, 7.10 may file petitions. 7.11 Sec. 11. [3B.39] [PETITIONS RECEIVED BY SECRETARY OF STATE 7.12 AND SIGNATURES COUNTED.] 7.13 The secretary of state shall determine the number of 7.14 signatures on the petitions filed and shall, not later than 7.15 October 10, give written notification to the sponsors of the 7.16 number of signatures from each congressional district. If the 7.17 number of signatures filed is fewer than the minimum number of 7.18 signatures required from a congressional district, petitions for 7.19 additional signatures may be circulated for one additional 7.20 period of 21 days commencing from the date of notification. 7.21 Sec. 12. [3B.40] [VERIFICATION OF PETITIONS.] 7.22 Subdivision 1. Not later than December 31 of the year in 7.23 which the petitions were signed, the secretary of state shall 7.24 determine whether a sufficient number of valid signatures has 7.25 been obtained. The secretary of state may verify signatures by 7.26 the random sampling method provided in section 3B.41. County 7.27 auditors, at the secretary of state's request, shall assist the 7.28 secretary of state to verify signatures. Any eligible voter may 7.29 challenge the number or validity of signatures on the petition. 7.30 The secretary of state shall determine the contest of the number 7.31 or validity of signatures by an eligible voter. 7.32 Subd. 2. A signature is valid when: 7.33 (1) it is voluntarily signed by the person named; 7.34 (2) the signatory is an eligible voter; 7.35 (3) the signatory is a resident of the congressional 7.36 district indicated on the petition; and 8.1 (4) the signature is identifiable. 8.2 Subd. 3. An eligible voter contesting the sufficiency or 8.3 validity of signatures shall file a protest within the time 8.4 provided in subdivision 1 for the secretary of state to verify 8.5 the petitions or within seven days of the determination of the 8.6 secretary of state under subdivision 1, whichever occurs 8.7 earlier. The protest shall include a brief statement of the 8.8 evidence of insufficiency or invalidity. If an eligible voter 8.9 contests the sufficiency or validity of signatures in bad faith, 8.10 the voter may be assessed costs of the contest up to a maximum 8.11 of $2,000. The secretary of state shall hear evidence and 8.12 determine contests within 21 days after the protest is filed. 8.13 Subd. 4. If the secretary of state determines that the 8.14 number of valid signatures is fewer than the number required, 8.15 the secretary shall so notify the sponsors, and petitions for 8.16 additional signatures may be circulated for an additional period 8.17 of 21 days, in the case of a determination of an actual number 8.18 deficiency, or 35 days, in the case of an estimated number 8.19 deficiency, commencing from the date of notification. The 8.20 secretary shall verify a random sample of the additional 8.21 signatures within ten days of receiving them. If the 8.22 verification from the random sample of the additional signatures 8.23 does not show that the total number of valid signatures on the 8.24 additional petitions is 100 percent or more of the deficiency, 8.25 the secretary shall notify the sponsors. No further action 8.26 shall then be taken on the petitions. 8.27 Sec. 13. [3B.41] [RANDOM SAMPLING METHOD OF SIGNATURE 8.28 VERIFICATION.] 8.29 Subdivision 1. A sample of signatures to be verified shall 8.30 be drawn in such a manner that every signature filed with the 8.31 secretary of state shall be given an equal opportunity to be 8.32 included in the sample. The sample shall include five percent 8.33 of the signatures. 8.34 Subd. 2. If the verification from the statistical sample 8.35 shows that the total number of valid signatures on all the 8.36 petitions is 100 percent or more of the minimum number of 9.1 signatures needed to declare the number of petition signatures 9.2 to be sufficient for each congressional district, the secretary 9.3 of state shall determine the number of valid signatures to be 9.4 sufficient. The number of valid signatures shall be determined 9.5 by taking the total number of signatures filed in each 9.6 congressional district and multiplying it by the percentage of 9.7 signatures in the statistical sample which were found to be 9.8 valid. In calculating the number of valid signatures, any 9.9 fractions shall be rounded up to one. 9.10 Subd. 3. If the verification from the statistical sample 9.11 shows that the number of valid signatures is less than 100 9.12 percent of the minimum number of signatures needed to declare 9.13 the number of petition signatures to be sufficient for each 9.14 congressional district, the secretary of state shall determine 9.15 that the number of petition signatures is insufficient. The 9.16 secretary shall give the sponsors written notice of what 9.17 percentage of the signatures is valid. 9.18 Sec. 14. [3B.42] [CERTIFICATION BY SECRETARY OF STATE.] 9.19 If the number of petition signatures from each 9.20 congressional district meets the minimum number required, the 9.21 secretary of state shall certify the sufficiency of the 9.22 petitions to the sponsors and all county auditors. The question 9.23 of adoption of the law proposed by an initiative petition shall 9.24 then be placed on the ballot for the general election. The 9.25 secretary of state's certificate shall state the wording of the 9.26 question to be placed on the ballot. The executive council 9.27 shall recommend to the secretary of state a wording for the 9.28 question. The ballot question shall be a true and impartial 9.29 statement of the intent and purpose of the initiative. It shall 9.30 be in similar form as a ballot question for a legislative 9.31 proposal of a constitutional amendment. 9.32 Sec. 15. [3B.43] [ABANDONMENT OF INITIATIVE.] 9.33 The sponsors of an initiative may abandon the measure after 9.34 the sufficiency and validity of the petition is certified by the 9.35 secretary of state and before June 1 of the even-numbered year 9.36 after the petition is filed, if the legislature has enacted a 10.1 law with a similar scope and purpose during that period. The 10.2 measure is abandoned if four-fifths of the sponsors sign a 10.3 written declaration abandoning the measure and the declaration 10.4 is filed with the secretary of state. If an initiative is 10.5 abandoned as provided in this section, it shall not be placed on 10.6 the ballot and the petition shall not be effective to initiate 10.7 any other proposed law or refer any other existing law. 10.8 Sec. 16. [3B.44] [PLACEMENT OF LAW ON BALLOT.] 10.9 If an initiative petition has been certified so that an 10.10 initiative will appear on the ballot at the next general 10.11 election and the legislature enacts a law with a scope and 10.12 purpose similar to that of the initiative measure during its 10.13 regular session in that general election year, the legislature 10.14 may place that law on the ballot. The law shall appear on the 10.15 ballot as provided by the legislature unless the initiative is 10.16 abandoned as provided in section 3B.43. 10.17 Sec. 17. [3B.45] [NUMBERING OF BALLOT MEASURES.] 10.18 The secretary of state shall number in consecutive order 10.19 each initiative or referendum ballot measure with the wording 10.20 "BALLOT QUESTION...." Ballot questions shall be numbered 10.21 starting from the number one for the first ballot question 10.22 certified to be placed on the ballot after the effective date of 10.23 this section. Ballot questions which are certified to appear on 10.24 the ballot in general elections in subsequent years shall be 10.25 numbered beginning with the first number after the number of the 10.26 last ballot question at the last general election. Their order 10.27 on the ballot shall be assigned by the secretary of state. 10.28 Sec. 18. [3B.46] [BALLOTS, VOTING, AND CANVASSING.] 10.29 For all initiatives, the ballots shall be prepared, voting 10.30 conducted, results canvassed, contests conducted, and results 10.31 certified as provided by chapters 200 to 211B. 10.32 Sec. 19. [3B.47] [TIME OF ELECTION.] 10.33 Voting upon initiatives and referendums shall be held only 10.34 at a general election. 10.35 Sec. 20. [3B.48] [SIMULTANEOUS PETITIONS FOR INITIATIVE 10.36 MEASURES.] 11.1 Nothing shall prevent multiple simultaneous petition drives 11.2 involving identical initiatives by the same or different 11.3 sponsors. However, the first determination by the secretary of 11.4 state of the sufficiency of the signatures for one measure shall 11.5 constitute abandonment of the other petition drives as of the 11.6 date of the secretary's determination. 11.7 Sec. 21. [3B.49] [COSTS OF COUNTY AUDITORS TO VERIFY 11.8 SIGNATURES.] 11.9 Subdivision 1. The state shall reimburse all county 11.10 auditors for all reasonable costs of assisting in the 11.11 verification of signatures on initiative petitions. 11.12 Subd. 2. Each year prior to May 1, each auditor shall 11.13 submit to the secretary of state a verified statement of 11.14 expenditures incurred in the previous calendar year. The 11.15 statement shall specify how all costs were incurred. 11.16 Subd. 3. The secretary of state shall, within 30 days 11.17 after receipt of each auditor's statement, pay to each county 11.18 auditor the costs which the secretary determines are reasonable. 11.19 Subd. 4. The secretary of state shall, by rule, provide 11.20 for the standards of what costs will be reimbursed by the state. 11.21 Sec. 22. [3B.50] [RESOLUTION OF CONFLICTS BETWEEN 11.22 MEASURES.] 11.23 Subdivision 1. Nothing shall prevent petitioning for 11.24 measures which are apparently in substantial conflict. 11.25 Subd. 2. If two initiatives or initiatives and referendums 11.26 which substantially conflict are adopted by a vote of the 11.27 people, the one receiving the largest number of affirmative 11.28 votes shall be effective. If it is finally determined that the 11.29 measures received an equal number of affirmative votes, neither 11.30 shall become effective, but they shall again be placed on the 11.31 ballot at the next general election. 11.32 Subd. 3. Two or more measures substantially conflict when 11.33 any material provision in one measure is irreconcilable with a 11.34 material provision in another measure. A petition may be filed 11.35 with the district court by any eligible voter alleging that two 11.36 or more adopted measures substantially conflict. A copy of the 12.1 petition shall be served upon the sponsors and upon the attorney 12.2 general. The district court shall issue its findings and 12.3 conclusions within 60 days of the filing of the petition. Upon 12.4 a finding that any provisions of measures substantially 12.5 conflict, the district court shall find that the entire measures 12.6 conflict and state which measure prevails under the provisions 12.7 of subdivision 2. 12.8 Sec. 23. [3B.51] [PUBLICATION.] 12.9 Initiative or referendum measures which are adopted by the 12.10 people shall be published by the revisor of statutes in Laws of 12.11 Minnesota and be codified like other laws. 12.12 Sec. 24. [3B.52] [LITERATURE MUST INCLUDE NAMES.] 12.13 Any person or committee who shall publish, issue, post, 12.14 circulate, or cause to be published, issued, posted, circulated, 12.15 other than in a newspaper as provided in section 3B.53, any 12.16 literature, campaign material, or any publication, including 12.17 cards, pamphlets, flyers, signs, banners, leaflets, 12.18 announcements, or other material tending to influence persons to 12.19 sign or refuse to sign an initiative petition or to influence 12.20 the voting at an election on an initiative or referendum, which 12.21 fails to prominently display the name and mailing address of the 12.22 author, the name of the person or committee in whose behalf the 12.23 same is published, issued, posted, or circulated, and the name 12.24 and mailing address of any other person or committee causing the 12.25 same to be published, issued, posted, circulated, or broadcasted 12.26 is guilty of a misdemeanor. 12.27 Sec. 25. [3B.53] [PAID ADVERTISEMENTS IN NEWS.] 12.28 Subdivision 1. No publisher of a newspaper, periodical, or 12.29 magazine shall insert in that newspaper, magazine, or 12.30 periodical, and no radio or television station shall broadcast 12.31 any matter paid or to be paid for which tends or is intended to 12.32 influence directly or indirectly persons to sign or refuse to 12.33 sign an initiative petition or voting at an election on a ballot 12.34 issue unless it is prominently indicated that it is a paid 12.35 advertisement. 12.36 Subd. 2. To the extent that any person sells either 13.1 advertising space or broadcast time used on behalf of any 13.2 measure, the charges made shall not exceed the charges made for 13.3 any other comparable purpose or use according to the seller's 13.4 rate schedule. 13.5 Sec. 26. [3B.54] [DISCLOSURE TO ETHICAL PRACTICES BOARD.] 13.6 For the purpose of section 10A.01, subdivision 15, 13.7 "political committee" includes any association organized to 13.8 promote or defeat a ballot question, including the sponsors of a 13.9 petition as defined by section 3B.32, subdivision 5, and any 13.10 association that gives implicit or explicit consent for any 13.11 other person to receive contributions or make expenditures to 13.12 promote or defeat a ballot question. 13.13 Sec. 27. [3B.55] [PROHIBITIONS.] 13.14 Subdivision 1. No person shall: 13.15 (1) be paid compensation for signing an initiative 13.16 petition; 13.17 (2) willfully refuse to file a statement of expenses 13.18 regarding an initiative when required by law; 13.19 (3) publish any literature, campaign material, or any 13.20 publication including cards, pamphlets, flyers, signs, banners, 13.21 leaflets, or other material or any radio or television broadcast 13.22 regarding an initiative which does not bear the identification 13.23 required by law; 13.24 (4) publish in any newspaper, periodical, or magazine any 13.25 paid advertising matter relating to an initiative which does not 13.26 contain the identification required by law; 13.27 (5) file a petition for an initiative with the secretary of 13.28 state without the written authorization of the sponsors; 13.29 (6) induce a person to sign a petition by fraud, force, or 13.30 the threat of force; 13.31 (7) pay compensation for signing an initiative petition; 13.32 (8) publish or broadcast any information regarding an 13.33 initiative with knowledge that it is false and which tends to 13.34 substantially affect adoption or rejection of the measure when 13.35 the publication or broadcast is undertaken primarily for the 13.36 purpose of influencing adoption or rejection; 14.1 (9) sign a petition with a name other than the person's own 14.2 name; or 14.3 (10) intentionally sign the same petition more than once. 14.4 Subd. 2. Any person violating any provision of subdivision 14.5 1, clauses (1) to (5), is guilty of a misdemeanor. Any person 14.6 violating any provision of subdivision 1, clauses (6) to (10), 14.7 is guilty of a gross misdemeanor. 14.8 Sec. 28. [3B.56] [ACTION BY AND NOTIFICATIONS TO 14.9 SPONSORS.] 14.10 Subdivision 1. Only sponsors, or those authorized by them 14.11 in writing, may file any required document or statement 14.12 regarding initiative petitions, measures, or campaigns including 14.13 election contests or petition signature count or validity 14.14 contests. 14.15 Subd. 2. The signature of the chair, the sponsors, or a 14.16 person authorized in writing by the chair, is sufficient to 14.17 authorize the filing of any statement or document required by 14.18 law. If the chair authorizes another person to file any 14.19 statement or document, a copy of the authorization shall be 14.20 attached to the filed statement or document. 14.21 Subd. 3. If notice is required to be given to the 14.22 sponsors, it shall be given to those persons provided in 14.23 subdivision 2 who may authorize any filing. 14.24 Sec. 29. [3B.57] [PHYSICAL DELIVERY OF DOCUMENTS.] 14.25 In sections 3B.31 to 3B.58, whenever a document is required 14.26 to be filed or received, only physical deposit of the document 14.27 with the indicated person constitutes filing or receipt. A 14.28 mailing date within the time period is not sufficient. 14.29 Sec. 30. [3B.58] [JUDICIAL REVIEW.] 14.30 Subdivision 1. The district court shall have original 14.31 jurisdiction of any suit involving: 14.32 (1) the sufficiency of the number or the validity of 14.33 signatures on petitions after the administrative determinations 14.34 by the secretary of state have been exhausted; or 14.35 (2) resolution of conflicts between initiative or 14.36 referendum measures as provided by section 3B.50; or 15.1 (3) any suit alleging the unconstitutionality of an adopted 15.2 initiative or referendum measure. 15.3 Subd. 2. Venue for all suits and criminal prosecutions 15.4 involving initiative or referendum matters shall be in the 15.5 district court in Ramsey county. 15.6 Subd. 3. Suits contesting a final administrative 15.7 determination of the number or validity of signatures on 15.8 petitions shall be filed not later than ten calendar days after 15.9 the final determination. 15.10 Suits involving conflicts between initiative or referendum 15.11 measures shall be filed prior to the effective date of the 15.12 initiative or referendum measures. 15.13 Subd. 4. A court may defer the effective date of an 15.14 adopted initiative or referendum measure when a deferral, in the 15.15 discretion of the court, is found to be in the interest of 15.16 justice. 15.17 Sec. 31. Minnesota Statutes 1994, section 10A.20, is 15.18 amended by adding a subdivision to read: 15.19 Subd. 2a. In addition to the reports required by 15.20 subdivision 2, a political committee organized to promote or 15.21 defeat an initiative or referendum shall also file reports not 15.22 later than five days after a petition to place the question on 15.23 the ballot is certified pursuant to section 3B.42. 15.24 Sec. 32. Minnesota Statutes 1994, section 204C.19, 15.25 subdivision 2, is amended to read: 15.26 Subd. 2. [BALLOTS; ORDER OF COUNTING.] Except as otherwise 15.27 provided in this subdivision, the ballot boxes shall be opened, 15.28 the votes counted, and the total declared one box at a time in 15.29 the following order: the white box, the pink box, the violet 15.30 box, the canary box, the light green box, the blue box, the buff 15.31 box, the goldenrod box, the gray box, and then the other kinds 15.32 of ballots voted at the election. If enough election judges are 15.33 available to provide counting teams of four or more election 15.34 judges for each box, more than one box may be opened and counted 15.35 at the same time. The election judges on each counting team 15.36 shall be evenly divided between the major political parties. 16.1 The numbers entered on the summary sheet shall not be considered 16.2 final until the ballots in all the boxes have been counted and 16.3 corrections have been made if ballots have been deposited in the 16.4 wrong boxes. 16.5 Sec. 33. Minnesota Statutes 1994, section 204C.27, is 16.6 amended to read: 16.7 204C.27 [DELIVERY OF RETURNS TO COUNTY AUDITORS.] 16.8 One or more of the election judges in each precinct shall 16.9 deliver two sets of summary statements; all spoiled white, pink, 16.10 violet, canary, and gray ballots; and the envelopes containing 16.11 the white, pink, canary, and gray ballots either directly to the 16.12 municipal clerk for transmittal to the county auditor's office 16.13 or directly to the county auditor's office as soon as possible 16.14 after the vote counting is completed but no later than 24 hours 16.15 after the end of the hours for voting. One or more election 16.16 judges shall deliver the remaining set of summary statements and 16.17 returns, all unused and spoiled municipal and school district 16.18 ballots, the envelopes containing municipal and school district 16.19 ballots, and all other things furnished by the municipal or 16.20 school district clerk, to the municipal or school district 16.21 clerk's office within 24 hours after the end of the hours for 16.22 voting. The municipal or school district clerk shall return all 16.23 polling place rosters and completed voter registration cards to 16.24 the county auditor within 48 hours after the end of the hours 16.25 for voting. 16.26 Sec. 34. Minnesota Statutes 1994, section 204C.33, is 16.27 amended to read: 16.28 204C.33 [CANVASS OF STATE GENERAL ELECTIONS.] 16.29 Subdivision 1. [COUNTY CANVASS.] The county canvassing 16.30 board shall meet at the county auditor's office on or before the 16.31 third day following the state general election. After taking 16.32 the oath of office, the board shall promptly and publicly 16.33 canvass the general election returns delivered to the county 16.34 auditor. Upon completion of the canvass, the board shall 16.35 promptly prepare and file with the county auditor a report which 16.36 states: 17.1
(a)(1) the number of individuals voting at the election in 17.2 the county and in each precinct; 17.3 (b)(2) the number of individuals registering to vote on 17.4 election day and the number of individuals registered before 17.5 election day in each precinct; 17.6 (c)(3) the names of the candidates for each office and the 17.7 number of votes received by each candidate in the county and in 17.8 each precinct; 17.9 (d)(4) the number of votes counted for and against a 17.10 proposed change of county lines or county seat; and17.11 (e)(5) the number of votes counted for and against a 17.12 constitutional amendment or other question in the county and in 17.13 each precinct; and 17.14 (6) the number of votes counted for and against initiative 17.15 and referendum. 17.16 Upon completion of the canvass, the county canvassing board 17.17 shall declare the candidate duly elected who received the 17.18 highest number of votes for each county and state office voted 17.19 for only within the county. The county auditor shall promptly 17.20 certify to the secretary of state the vote reported by the 17.21 county canvassing board for candidates voted for in more than 17.22 one county. 17.23 Subd. 2. [COUNTY CANVASSING BOARD REPORTS; PUBLIC 17.24 AVAILABILITY.] The county auditor of each county shall provide a 17.25 certified copy of the county canvassing board report to anyone 17.26 who requests it upon payment to the auditor of costs of 17.27 reproduction actually incurred by the auditor's office. The 17.28 auditor shall not take into account the general office expenses 17.29 or other expenses. 17.30 Subd. 3. [STATE CANVASS.] The state canvassing board shall 17.31 meet at the secretary of state's office on the second Tuesday 17.32 following the state general election to canvass the certified 17.33 copies of the county canvassing board reports received from the 17.34 county auditors and shall prepare a report that states: 17.35 (a)(1) the number of individuals voting in the state and 17.36 in each county; 18.1 (b)(2) the number of votes received by each of the 18.2 candidates, specifying the counties in which they were cast; and18.3 (c)(3) the number of votes counted for and against each 18.4 constitutional amendment, specifying the counties in which they 18.5 were cast; and 18.6 (4) the number of votes counted for and against initiative 18.7 and referendum. 18.8 All members of the state canvassing board shall sign the 18.9 report and certify its correctness. The state canvassing board 18.10 shall declare the result within three days after completing the 18.11 canvass. 18.12 Sec. 35. Minnesota Statutes 1994, section 204D.11, is 18.13 amended by adding a subdivision to read: 18.14 Subd. 3a. [VIOLET BALLOT.] All initiative or referendum 18.15 ballot questions shall be on one violet ballot. The order of 18.16 the questions shall be the order assigned under section 3B.45. 18.17 Sec. 36. Minnesota Statutes 1994, section 204D.15, is 18.18 amended to read: 18.19 204D.15 [PINK BALLOTAND VIOLET BALLOTS; FORM; 18.20 DISTRIBUTION; SAMPLE BALLOT.] 18.21 Subdivision 1. [TITLES FOR CONSTITUTIONAL AMENDMENTS.] The 18.22 secretary of state shall provide an appropriate title for each 18.23 question printed on the pink ballotand violet ballots. The 18.24 title shall be approved by the attorney general, and shall 18.25 consist of not more than one printed line above the question to 18.26 which it refers. At the top of the pink ballot just below the 18.27 heading, a conspicuous notice shall be printed stating that a 18.28 voter's failure to vote on a constitutional amendment has the 18.29 effect of a negative vote. 18.30 Subd. 2. [DISTRIBUTION.] The pink ballotand violet 18.31 ballots shall be provided in groups of 50. At least 25 days 18.32 before the state general election the secretary of state shall 18.33 forward to the county auditor of each county sufficient ballots 18.34 to enable the county auditor to comply with the absentee voting 18.35 provisions of section 204B.28, subdivision 2. The county 18.36 auditor shall give a receipt to the secretary of state stating 19.1 the number of pink and violet ballots and the date when they 19.2 were received. 19.3 Subd. 3. [SAMPLE PINK BALLOTAND VIOLET BALLOTS.] Four 19.4 weeks before the state general election the secretary of state 19.5 shall file sample copies of the pink ballotand violet ballots 19.6 in the secretary of state's office for public inspection. Three 19.7 weeks before the state general election the secretary of state 19.8 shall mail sample copies of the pink ballotand violet ballots 19.9 to each county auditor. Each auditor shall post the sample 19.10 ballot in a conspicuous place in the auditor's office. 19.11 Sec. 37. Minnesota Statutes 1994, section 204D.16, is 19.12 amended to read: 19.13 204D.16 [SAMPLE GENERAL ELECTION BALLOTS; POSTING; 19.14 PUBLICATION.] 19.15 Two weeks before the state general election the county 19.16 auditor shall prepare sample copies of the white and canary 19.17 ballots and shall post copies of these sample ballots and a 19.18 sample of the pink ballotand violet ballots in the auditor's 19.19 office for public inspection. No earlier than 15 days and no 19.20 later than two days before the state general election the county 19.21 auditor shall cause the sample white and canary ballots to be 19.22 published in at least one newspaper of general circulation in 19.23 the county. 19.24 Sec. 38. Minnesota Statutes 1994, section 204D.165, is 19.25 amended to read: 19.26 204D.165 [SAMPLE BALLOTS TO SCHOOLS.] 19.27 Notwithstanding any contrary provisions in section 204D.09 19.28 or 204D.16, the county auditor, two weeks before the applicable 19.29 primary or general election, shall provide one copy of the 19.30 sample partisan primary, nonpartisan primary, canary, white, or19.31 pink, or violet ballot to a school district upon request. The 19.32 school district may have the sample ballots reproduced at its 19.33 expense for classroom educational purposes and for educational 19.34 activities authorized under section 204B.27, subdivision 7. 19.35 Sec. 39. [EFFECTIVE DATE.] 19.36 Sections 3 to 38 take effect the day after approval by the 20.1 people of the constitutional amendment proposed by section 1.