SF 2388

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/22/2010 11:49am

A bill for an act
relating to elections; changing and clarifying certain provisions; amending
Minnesota Statutes 2008, sections 201.016, subdivision 1a; 201.061, subdivision
1; 201.12; 201.121, subdivision 3; 201.13; 201.14; 201.15, subdivisions 1, 2;
201.155; 203B.02, subdivision 3; 203B.04, subdivision 1; 203B.06, subdivision
5; 203B.16, subdivision 2; 203B.19; 204B.04, subdivision 2; 204B.135,
subdivision 4; 204B.14, by adding a subdivision; 204B.18, subdivision 1;
204B.22, subdivisions 1, 2; 204B.24; 204B.27, subdivisions 2, 3; 204B.28, by
adding a subdivision; 204B.38; 204C.02; 204C.04, subdivision 1; 204C.06,
subdivision 1; 204C.08; 204C.09, subdivision 1; 204C.12, subdivision 2;
204C.13, subdivision 2; 204C.24, subdivision 1; 204C.28, subdivisions 1, 2;
204C.33, subdivision 1; 204C.35, subdivisions 2, 3; 204C.36, subdivisions 3, 4;
204C.37; 204D.04, subdivision 2; 204D.09, subdivision 2; 204D.10, subdivision
1; 204D.20, subdivision 1; 205.07, by adding a subdivision; 205.13, subdivisions
1, 2; 205.16, subdivisions 2, 3; 205A.05, subdivision 1; 205A.11, subdivision
3; 208.03; proposing coding for new law in Minnesota Statutes, chapters 201;
205A; repealing Minnesota Statutes 2008, sections 3.22; 204B.22, subdivision 3;
204D.10, subdivision 2; 206.57, subdivision 7; 206.91.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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 violation deleted text end notice
to any voter who the county auditor can determine has deleted text begin voted deleted text end new text begin : (1) provided the address at
which the voter maintains residence, but was allowed to vote new text end in a precinct other than the
precinct in which the voter maintains residence new text begin ; and (2) not voted in the wrong precinct
previously new 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. 2.

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 calendar 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. 3.

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 notify deleted text end new text begin transmit a copy of the mailing to new 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 and deleted 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 shall new text end mail to the voter a notice stating the voter's name,
address, precinct, and polling place new 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 notice new 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.

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, 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.

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 upon certification by the secretary
of state that the statewide voter registration system has been tested and is capable of
performing the functions required by this section.
new text end

Sec. 4.

Minnesota Statutes 2008, section 201.121, subdivision 3, is amended to read:

Subd. 3.

Postelection sampling.

Within ten days after an election, the county
auditor shall send the notice required by subdivision 2 to a random sampling of the
individuals registered on election day. The random sampling shall be determined in
accordance with the rules of the secretary of state. As soon as practicable after the
election, the county auditor shall mail the notice required by subdivision 2 to all other
individuals registered on election day. If a notice is returned as not deliverable, the county
auditor shall attempt to determine the reason for the return. A county auditor who does not
receive or obtain satisfactory proof of an individual's eligibility to vote shall immediately
notify the county attorney new text begin of all of the relevant information new text end and the secretary of state new text begin of
the numbers by precinct. By March 1 of every odd-numbered year, the secretary of state
shall report to the chair and ranking minority members of the legislative committees with
jurisdiction over elections the number of notices reported under this subdivision to the
secretary of state for the previous state general election by county and precinct new text end .

Sec. 5.

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.

new text begin Subd. 1a. new text end

new text begin Social Security Administration; reports of deceased residents. new text end

new text begin The
secretary of state shall determine if any of the persons listed on the Social Security
Death Index are registered to vote and prepare a list of those registrants for each county
auditor. The county auditor shall change the status of those registrants to "deceased"
in the statewide voter registration system.
new text end

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 new text begin Minnesota new text end voter deleted text begin of the county deleted 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 load data derived from this list into the statewide
voter registration system 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 and deleted text end new text begin . The county auditor shall new text end mail to the voter a notice stating the voter's name,
address, precinct, and polling place new 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
notice new 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 residence new 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 notice new 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 Subdivision 1a is effective the day following final enactment.
The remainder of this section is effective upon certification by the secretary of state that
the statewide voter registration system has been tested and is capable of performing the
functions required by this section.
new text end

Sec. 6.

Minnesota Statutes 2008, section 201.14, is amended to read:

201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT
CHANGES OF NAMES.

The new text begin state new text end court administrator deleted text begin of district court in each county deleted text end shall new text begin regularly new text end report
deleted text begin monthly deleted text end new text begin by electronic means new text end to the deleted text begin county auditor deleted text end new text begin secretary of state new text end the name deleted text begin and deleted text end new text begin , new text end address new text begin ,
and, if available, driver's license or state identification card number new text end of each individual,
18 years of age or over deleted text begin , who maintains residence in that county and deleted text end whose name was
changed during the month preceding the date of the report, by marriage, divorce or any
order or decree of the court. new text begin The secretary of state shall determine if any of the persons in
the report are registered to vote under their previous name and shall prepare a list of those
registrants for each county auditor. new text end Upon receipt of the deleted text begin report deleted text end new text begin list new text end , the county auditor shall
deleted text begin notify by mail each registered voter whose name was changed that it will be necessary to
reregister under the changed name in order to vote deleted text end new text begin make the change in the voter's record
and mail to the voter the notice of registration required by section 201.121, subdivision 2 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon certification by the secretary
of state that the statewide voter registration system has been tested and is capable of
performing the functions required by this section.
new text end

Sec. 7.

Minnesota Statutes 2008, section 201.15, subdivision 1, is amended to read:

Subdivision 1.

Guardianships and incompetents.

Pursuant to the Help America
Vote Act of 2002, Public Law 107-252, the state court administrator shall report monthly
by electronic means to the secretary of state the name, address, deleted text begin and deleted text end date of birth new text begin , and, if
available new text end new text begin , driver's license or state identification card number new text end of each individual 18 years of
age or over, who during the month preceding the date of the report:

deleted text begin (a) deleted text end new text begin (1) new text end was placed under a guardianship in which the court order revokes the ward's
right to vote; or

deleted text begin (b) deleted text end new text begin (2) new text end was adjudged legally incompetent.

The court administrator shall also report the same information for each individual
transferred to the jurisdiction of the court who meets a condition specified in clause deleted text begin (a) deleted text end new text begin
(1) new text end or deleted text begin (b) deleted text end new text begin (2) new text end . The secretary of state shall determine if any of the persons in the report is
registered to vote and shall prepare a list of those registrants for the county auditor. The
county auditor shall change the status on the record in the statewide registration system
of any individual named in the report to indicate that the individual is not eligible to
reregister or vote.

Sec. 8.

Minnesota Statutes 2008, section 201.15, subdivision 2, is amended to read:

Subd. 2.

Guardianship termination or modification.

Pursuant to the Help
America Vote Act of 2002, Public Law 107-252, the state court administrator shall report
monthly by electronic means to the secretary of state the name, address, deleted text begin and deleted text end date of birth new text begin ,
and, if available new text end new text begin , driver's license or state identification card number new text end of each individual
whose guardianship was modified to restore the ward's right to vote or whose guardianship
was terminated by order of the court under section 524.5-317 after being ineligible to vote
for any of the reasons specified in subdivision 1. The secretary of state shall determine
if any of the persons in the report is registered to vote and shall prepare a list of those
registrants for the county auditor. The county auditor shall change the status on the voter's
record in the statewide registration system to "active."

Sec. 9.

Minnesota Statutes 2008, section 201.155, is amended to read:

201.155 REPORT ON FELONY CONVICTIONS.

Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state court
administrator shall report monthly by electronic means to the secretary of state the name,
address, date of birth, new text begin and, if available, driver's license or state identification card number,
new text end date of sentence, effective date of the sentence, and county in which the conviction
occurred of each person who has been convicted of a felony. The state court administrator
shall also report the name, address, and date of birth of each person previously convicted
of a felony whose civil rights have been restored. The secretary of state shall determine
if any of the persons in the report is registered to vote and shall prepare a list of those
registrants for each county auditor. The county auditor shall change the status of those
registrants in the appropriate manner in the statewide registration system.

Sec. 10.

new text begin [201.157] USE OF DEPARTMENT OF CORRECTIONS DATA.
new text end

new text begin As required by the Help America Vote Act of 2002, Public Law 107-252, the
commissioner of corrections shall make electronic data available to the secretary of state
on individuals 18 years old or older who are currently serving felony sentences under the
commissioner's jurisdiction. The data must include the name, date of birth, corrections'
state identification number, and if available, the driver's license or state identification card
number, and, if an individual has completed the sentence, the date of discharge.
new text end

new text begin The secretary of state must determine if any data newly indicates that:
new text end

new text begin (1) an individual with an active voter registration in the statewide registration
system is currently serving a felony sentence under the commissioner's jurisdiction and
the individual's voter record does not already have a challenged status due to a felony
conviction;
new text end

new text begin (2) an individual with an active voter registration in the statewide registration
system who is currently serving a felony sentence under the commissioner's jurisdiction
appears to have registered or to have voted during a period when the individual's civil
rights were revoked; and
new text end

new text begin (3) an individual with a voter record that has a challenged status due to a felony
conviction who was serving a felony sentence under the commissioner's jurisdiction has
been discharged from a sentence.
new text end

new text begin The secretary of state shall prepare a list of the registrants included under clause (1),
(2), or (3), for each county auditor. For individuals under clause (1), the county auditor
shall challenge the individual's record in the statewide registration system. The county
auditor must provide information to the county attorney about individuals under clause
(2) for the county attorney's investigation. For individuals under clause (3), the county
auditor must determine if the challenge status should be removed from the voter record
for the individual, and if so, must remove the challenge.
new text end

new text begin After the commissioner of corrections has certified that the corrections' computer
system has been tested and is capable of electronically transmitting the data to the
statewide voter registration system, and the secretary of state has certified that the
statewide voter registration system has been tested and is capable of performing
the functions required by this section, the secretary of state must make the required
determinations and provide the required lists to the county auditors at least monthly.
new text end

new text begin For each state general election that occurs prior to the certification, the secretary of
state must make the determination and provide lists to the county auditors between 30 and
60 days before the election and again between six and ten weeks after the election. In the
year following that state election, the secretary of state must make this determination and
provide lists to the county auditors again as part of the annual list maintenance.
new text end

Sec. 11.

new text begin [201.158] USE OF DEPARTMENT OF PUBLIC SAFETY DATA.
new text end

new text begin As required by the Help America Vote Act of 2002, Public Law 107-252, the
commissioner of public safety shall make electronic data on citizenship available to the
secretary of state. The secretary of state must determine whether the data newly indicates
that any individuals who have active records in the statewide voter registration system
are not citizens. The secretary of state shall prepare a list of those voters for each county
auditor. The county auditor shall change the status of those registrants in the statewide
registration system to reflect that they are challenged based upon their citizenship and
must notify the county attorney.
new text end

new text begin In 2010, the secretary of state must make the determination and provide lists
to the county auditors between 30 and 60 days before the general election and again
between six and ten weeks after the election. In 2011, the secretary of state must make
this determination again as part of the annual list maintenance. By August 1, 2012, the
secretary of state must certify that the statewide voter registration system has been tested
and is capable of performing the functions required by this section. Thereafter, the
secretary of state must provide electronic lists to the counties at least monthly.
new text end

Sec. 12.

Minnesota Statutes 2008, section 203B.02, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Permanent deleted text end new text begin Indefinite new text end residence abroad.

A United States citizen living
deleted text begin permanently deleted text end new text begin indefinitely new text end outside the United States who is eligible under federal law to
vote in federal elections in Minnesota may vote by absentee ballot only as provided in
sections 203B.16 to 203B.27.

Sec. 13.

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 state deleted 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 may contain a request for the voter's date of birth, which
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
5 to automatically receive an absentee ballot application.

Sec. 14.

Minnesota Statutes 2008, section 203B.06, subdivision 5, is amended to read:

Subd. 5.

Preservation of records.

An application for absentee ballots shall be
dated by the county auditor or municipal clerk when it is received and shall be initialed
when absentee ballots are mailed or delivered to the applicant. All applications shall be
preserved by the county auditor or municipal clerk deleted text begin and arranged according to precincts
and the initial letter of the applicant's surname deleted text end new text begin for 22 months new text end .

Sec. 15.

Minnesota Statutes 2008, section 203B.16, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Permanent deleted text end new text begin Indefinite new text end residence outside United States.

Sections 203B.16
to 203B.27 provide the exclusive voting procedure for United States citizens who are
living deleted text begin permanently deleted text end new text begin indefinitely new text end outside the territorial limits of the United States who meet
all the qualifications of an eligible voter except residence in Minnesota, but who are
authorized by federal law to vote in Minnesota because they maintained residence in
Minnesota for at least 20 days immediately prior to their departure from the United States.
Individuals described in this subdivision shall be permitted to vote only for the offices of
president, vice-president, senator in Congress, and representative in Congress.

Sec. 16.

Minnesota Statutes 2008, section 203B.19, is amended to read:

203B.19 RECORDING APPLICATIONS.

Upon accepting an application, the county auditor shall record in the statewide
registration system the voter's name, address of present or former residence in Minnesota,
mailing address, school district number, passport number, Minnesota driver's license
number or state identification card number, or the last four digits of the voter's Social
Security number, and whether the voter is in the military or the spouse or dependent of an
individual serving in the military, is a voter temporarily outside the territorial limits of the
United States, or is living permanently outside the territorial limits of the United States
and voting under federal law. The county auditor shall retain the record for six years. A
voter whose name is recorded as provided in this section shall not be required to register
under any other provision of law in order to vote under sections 203B.16 to 203B.27.
Persons from whom applications are not accepted must be notified by the county auditor
and provided with the reasons for the rejection.

No later than 60 days after the general election, the county auditor shall report to the
secretary of state the combined number of absentee ballots transmitted to deleted text begin absent voters
described in section 203B.16. No later than 60 days after the general election, the county
auditor shall report to the secretary of state deleted text end new text begin and new text end the combined number of absentee ballots
returned and cast by absent voters described in section 203B.16. The secretary of state
may require the information be reported by category under section 203B.16 or by precinct.

No later than 90 days after the general election, the secretary of state shall report to
the federal Election Assistance Commission the number of absentee ballots transmitted
to voters under section 203B.16.

Sec. 17.

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 deleted text begin partisan
offices in section 204D.10, subdivision 2, and for deleted text end nonpartisan offices in section 204B.13,
subdivision 4.

Sec. 18.

Minnesota Statutes 2008, section 204B.135, subdivision 4, is amended to read:

Subd. 4.

Special elections; limitations.

No municipality or school district may
conduct a special election during the 19 weeks before the state primary election in the year
ending in two deleted text begin , except for special elections conducted on the date of the school district
general election deleted text end . A school district special election required by any other law may be
deferred until the date of the next school district general election, the state primary
election, or the state general election.

Sec. 19.

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. 20.

Minnesota Statutes 2008, section 204B.18, subdivision 1, is amended to read:

Subdivision 1.

Booths; voting stations.

new text begin (a) new text end 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.

new text begin (b) new text end 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 (c) Local jurisdictions 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. The jurisdiction providing the equipment may require the
jurisdiction using the equipment to reimburse any direct actual costs incurred as a result
of the equipment's use and any prorated indirect costs of maintaining and storing the
equipment. A rental or other similar use fee may not be charged.
new text end

new text begin Any funds received under this clause for expenses incurred by that local jurisdiction
as a direct result of making the equipment available that were not paid for in whole or in
part with funds from the Help America Vote Act account are not program income under
the Help America Vote Act, Public Law 107-252.
new text end

new text begin Any funds received by a local jurisdiction making the equipment available as
reimbursement for expenses as defined as "operating costs" under Laws 2005, chapter 162,
section 34, subdivision 1, paragraph (b), and paid for in whole or in part with funds from
the Help America Vote Act account must be treated as program income and deposited into
the jurisdiction's Help America Vote Act account in the direct proportion that funds from
the Help America Vote Act account were used to pay for those "operating costs."
new text end

new text begin (d) 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.

new text begin (e) new text end All ballot boxes, voting booths, voting stations, and election judges must be
in open public view in the polling place.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 21.

Minnesota Statutes 2008, section 204B.22, subdivision 1, is amended to read:

Subdivision 1.

Minimum number required.

(a) A minimum of deleted text begin three deleted text end new text begin four new text end election
judges shall be appointed for each precinct new text begin , except as provided by subdivision 2 new 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. 22.

Minnesota Statutes 2008, section 204B.22, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Additional election judges in paper ballot precincts deleted text end new text begin Exception new text end .

deleted text begin In
precincts using paper ballots, deleted text end new text begin A minimum of three election judges shall be appointed in
precincts not using electronic voting equipment. new text end One new text begin additional new text end election judge shall be
appointed for each 150 votes cast in that precinct at the last similar election. deleted text begin At each
state primary or state general election in precincts using paper ballots and in which more
than 300 votes were cast at the last similar election, additional election judges shall be
appointed to count the ballots and complete the returns in place of the election board
that served while voting was taking place.
deleted text end

Sec. 23.

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. 24.

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 July deleted text end new text begin August new text end 1 of every deleted text begin even-numbered deleted text end new text begin odd-numbered new 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 25.

Minnesota Statutes 2008, section 204B.27, subdivision 3, is amended to read:

Subd. 3.

Instruction posters.

At least 25 days before every state new text begin primary new text end election
the secretary of state shall prepare and furnish to the county auditor of each county deleted text begin in
which paper ballots are used deleted text end , voter instruction posters printed in large type upon cards or
heavy paper. The instruction posters must contain the information needed to enable the
voters to cast their paper ballots quickly and correctly and indicate the types of assistance
available for elderly and disabled voters. Two instruction posters shall be furnished for
each precinct deleted text begin in which paper ballots are used deleted text end . new text begin Upon mutual agreement, the secretary of
state may provide the posters in an electronic format.
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. 26.

Minnesota Statutes 2008, section 204B.28, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Certification of number. new text end

new text begin The county auditor or municipal clerk must
certify the number of ballots being provided to each precinct and provide this number to
the election judges for inclusion on the summary statement. The auditor or clerk must not
open prepackaged ballots, but must count the ballots, presuming that the total count for
each package is correct.
new text end

Sec. 27.

Minnesota Statutes 2008, section 204B.38, is amended to read:

204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS.

When the similarity of deleted text begin surnames deleted text end new text begin new text end new text begin both the first and last names new text end of two or more
candidates for the same office at the same election may cause confusion to voters, up to
three additional words may be printed on the ballot after each surname to indicate the
candidate's occupation, office, residence or any combination of them if the candidate
furnishes the identifying words to the filing officer by the last day for withdrawal of
candidacy.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 28.

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. 29.

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
of deleted text end new text begin for the time necessary to appear at the employee's polling place, cast a ballot, and return
to work on new 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 30.

Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Lingering deleted text end new text begin Persons allowed new text end 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 an individual 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, written questionnaire.
new text end

Sec. 31.

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 of deleted text end new text begin without reduction to your pay, personal leave, or vacation time on new text end election day new text begin
for the time necessary to appear at your polling place, cast a ballot, and return to work new text end .

(2) If you are in line at your polling place any time deleted text begin between 7:00 a.m. and deleted text end new text begin before new 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 A deleted text end new text begin At least two new text end sample deleted text begin ballot deleted text end new text begin ballots new text end must be posted in a
conspicuous location in the polling place new text begin and must remain open to inspection by the voters
throughout election day new text end . The sample deleted text begin ballot deleted text end new text begin ballots new 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 boxes deleted text end new text begin box new text end .

Immediately before the time when voting
is scheduled to begin, one of the election judges shall open the ballot deleted text begin boxes deleted text end new text begin box new text end in the
presence of the individuals assembled at the polling place, deleted text begin turn the boxes upside down to deleted text end new text begin
demonstrate that it is new text end empty deleted text begin them deleted text end , lock deleted text begin them deleted text end new text begin it new text end , and deliver the key to another election
judge. new text begin Except as provided by law or rule, new text end the deleted text begin boxes deleted text end new text begin box new text end shall not be reopened deleted text begin except
to count the ballots deleted 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 boxes deleted text end new text begin box new text end shall be kept in public view at all times during voting hours.
After locking the ballot deleted text begin boxes deleted text end new text begin box new 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.

Subd. 4.

Ballot deleted text begin boxes, deleted text end new text begin box new 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 metal deleted 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 metal deleted text end straps
shall bear the same number.

Sec. 32.

Minnesota Statutes 2008, section 204C.09, subdivision 1, is amended to read:

Subdivision 1.

new text begin Counting and new text end initialing.

new text begin (a) Before the voting begins, as least two
election judges must certify the number of ballots delivered to the precinct. Election
judges may conduct this count, presuming that the total count provided for prepackaged
ballots is correct. As each package is opened, two judges must count the ballots in the
package to ensure that the total count provided for the package is correct. Any discrepancy
must be noted on the incident log.
new text end

new text begin (b) new text end Before the voting begins, or as soon as possible after it begins, at least two
election judges shall each initial the backs of all the ballots. The election judges shall
not otherwise mark the ballots.

Sec. 33.

Minnesota Statutes 2008, section 204C.12, subdivision 2, is amended to read:

Subd. 2.

Statement of grounds; oath.

A challenger must be a resident of this state.
The secretary of state shall prepare a form that challengers must complete and sign when
making a challenge. The form must include space to state the ground for the challenge,
a statement that the challenge is based on the challenger's personal knowledge, and a
statement that the challenge is made under oath. The form must include a space for the
challenger's printed name, signature, telephone number, and address.

An election judge shall administer to the challenged individual the following oath:

"Do you solemnly swear new text begin (or affirm) new text end that you will fully and truly answer all questions
put to you concerning your eligibility to vote at this election?"

The election judge shall then ask the challenged individual sufficient questions to
test that individual's residence and right to vote.

Sec. 34.

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 and deleted 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. 35.

Minnesota Statutes 2008, section 204C.24, subdivision 1, is amended to read:

Subdivision 1.

Information requirements.

Precinct summary statements shall be
submitted by the election judges in every precinct. For all elections, the election judges
shall complete three or more copies of the summary statements, and each copy shall
contain the following information for each kind of ballot:

(a) new text begin the number of ballots delivered to the precinct as adjusted by the actual count
made by the election judges, the number of unofficial ballots made, and the number of
absentee ballots delivered to the precinct;
new text end

new text begin (b) new text end the number of votes each candidate received or the number of yes and no votes
on each question, the number of undervotes deleted text begin or partially blank ballots, and deleted text end new text begin , new text end the number of
overvotes deleted text begin or partially deleted text end new text begin , and the number of new text end defective ballots with respect to each office or
question;

deleted text begin (b) the number of totally blank ballots, the number of totally defective ballots, deleted text end new text begin (c) new text end the
number of spoiled ballots, new text begin the number of duplicate ballots made, the number of absentee
ballots rejected, new text end and the number of unused ballots new text begin , presuming that the total count provided
on each package of unopened prepackaged ballots is correct new text end ;

deleted text begin (c) deleted text end new text begin (d) new text end the number of individuals who voted at the election in the precinct;

deleted text begin (d) deleted text end new text begin (e) new text end the number of voters registering on election day in that precinct; and

deleted text begin (e) deleted text end new text begin (f) new text end the signatures of the election judges who counted the ballots certifying that
all of the ballots cast were properly piled, checked, and counted; and that the numbers
entered by the election judges on the summary statements correctly show the number of
votes cast for each candidate and for and against each question.

At least two copies of the summary statement must be prepared for elections not
held on the same day as the state elections.

Sec. 36.

Minnesota Statutes 2008, section 204C.28, subdivision 1, is amended to read:

Subdivision 1.

County auditor.

Every county auditor shall remain at the auditor's
office to receive delivery of the returns, to permit public inspection of the summary
statements, and to tabulate the votes until all have been tabulated and the results made
known, or until 24 hours have elapsed since the end of the hours for voting, whichever
occurs first. Every county auditor shall, in the presence of the municipal clerk or the
election judges who deliver the returns, make a record of all materials delivered, the time of
delivery, and the names of the municipal clerk or election judges who made delivery. new text begin The
record must include the number of ballots delivered to the precinct, as certified by section
204B.28, and the total number of ballots returned, as certified by the election judges under
section 204C.24. A discrepancy between the number of ballots delivered to the precinct
and the number of total ballots returned by election judges that cannot be reconciled by
taking into account the adjustments made by the election judge counts and any unofficial
ballots must be noted, but does not disqualify the votes from that precinct or invalidate the
election. new text end The county auditor shall file the record and all envelopes containing ballots in a
safe and secure place with envelope seals unbroken. Access to the record and ballots shall
be strictly controlled. Accountability and a record of access shall be maintained by the
county auditor during the period for contesting elections or, if a contest is filed, until the
contest has been finally determined. Thereafter, the record shall be retained in the auditor's
office for the same period as the ballots as provided in section 204B.40.

The county auditor shall file all envelopes containing ballots in a safe place
with seals unbroken. If the envelopes were previously opened by proper authority for
examination or recount, the county auditor shall have the envelopes sealed again and
signed by the individuals who made the inspection or recount. The envelopes may be
opened by the county canvassing board if necessary to procure election returns that the
election judges inadvertently may have sealed in the envelopes with the ballots. In that
case, the envelopes shall be sealed again and signed in the same manner as otherwise
provided in this subdivision.

Sec. 37.

Minnesota Statutes 2008, section 204C.28, subdivision 2, is amended to read:

Subd. 2.

Clerks.

The clerk of every first, second, and third class city shall remain at
the clerk's office to receive delivery of returns, or until 24 hours have elapsed since the
end of the hours for voting, whichever occurs first. The clerk of every first class city shall
keep a book in which, in the presence of the election judges or other individuals who
deliver the returns, the clerk shall make a record of all materials delivered, the time of
delivery, and the names of the election judges or other individuals who made delivery.
new text begin The record must include the number of ballots delivered to the precinct, as certified by
section 204B.28, and the total number of ballots returned, as certified by the election
judges under section 204C.24. A discrepancy between the number of ballots delivered
to the precinct and the number of total ballots returned by election judges that cannot be
reconciled by taking into account the adjustments made by the election judge counts and
any unofficial ballots must be noted, but does not disqualify the votes from that precinct or
invalidate the election. new text end The book shall be retained in the clerk's office for the same period
as the ballots as provided in section 204B.40.

Sec. 38.

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 on or before the seventh day 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 precinct deleted text begin , including write-in candidates for
state and federal office who have requested under section 204B.09 that votes for those
candidates be tallied deleted 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 state new text begin , new text end or deleted text begin federal deleted text end new text begin county new 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 the deleted text end new text begin a new text end
certified deleted text begin copies deleted text end new text begin copy new 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 mail new text begin , new text end or similar service immediately upon
conclusion of the county canvass.

Sec. 39.

Minnesota Statutes 2008, section 204C.35, subdivision 2, is amended to read:

Subd. 2.

Discretionary candidate recount.

(a) A losing candidate whose name was
on the ballot for nomination or election to a statewide federal office, state constitutional
office, statewide judicial office, congressional office, state legislative office, or district
judicial office may request a recount in a manner provided in this section at the candidate's
own expense when the vote difference is greater than the difference required by this
section. The votes shall be manually recounted as provided in this section if the candidate
files a request during the time for filing notice of contest of the primary or election for
which a recount is sought.

(b) The requesting candidate shall file with the filing officer a bond, cash, or surety
in an amount set by the filing officer for the payment of the recount expenses. The
requesting candidate is responsible for the following expenses: the compensation of the
secretary of state, or designees, and any election judge, municipal clerk, county auditor,
administrator, or other personnel who participate in the recount; deleted text begin the costs of computer
operation, preparation of ballot counting equipment, deleted text end necessary supplies and travel
related to the recount; the compensation of the appropriate canvassing board and costs of
preparing for the canvass of recount results; and any attorney fees incurred in connection
with the recount by the governing body responsible for the recount.

(c) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after these
precincts have been counted. If the candidate provides a list, the recount official must
determine the expenses for those precincts in the manner provided by paragraph (b).

(d) If the winner of the race is changed by the optional recount, the cost of the
recount must be paid by the jurisdiction conducting the recount.

(e) If a result of the vote counting in the manual recount is different from the result
of the vote counting reported on election day by a margin greater than the standard for
acceptable performance of voting systems provided in section 206.89, subdivision 4, the
cost of the recount must be paid by the jurisdiction conducting the recount.

Sec. 40.

Minnesota Statutes 2008, section 204C.35, subdivision 3, is amended to read:

Subd. 3.

Scope of recount.

A recount conducted as provided in this section is
limited in scope to the determination of the number of votes validly cast for the office to
be recounted. Only the ballots cast in the election and the summary statements certified
by the election judges may be considered in the recount process. new text begin Original ballots that
have been duplicated under section 206.86, subdivision 5, are not within the scope of a
recount and must not be examined except as provided by a court in an election contest
under chapter 209.
new text end

Sec. 41.

Minnesota Statutes 2008, section 204C.36, subdivision 3, is amended to read:

Subd. 3.

Discretionary ballot question recounts.

A recount may be conducted
for a ballot question when the difference between the votes for and the votes against the
question is less than or equal to the difference provided in subdivision 1. A recount may
be requested by any person eligible to vote on the ballot question. A written request for a
recount must be filed with the filing officer of the county, municipality, or school district
placing the question on the ballot and must be accompanied by a petition containing the
signatures of 25 voters eligible to vote on the question. new text begin Upon receipt of a written request
when the difference between the votes for and the votes against the question is less than or
equal to the difference provided in subdivision 1, the county auditor shall recount the votes
for a county question at the expense of the county, the governing body of the municipality
shall recount the votes for a municipal question at the expense of the municipality, and the
school board of the school district shall recount the votes for a school district question at
the expense of the school district. new text end If the difference between the votes for and the votes
against the question is greater than the difference provided in subdivision 1, the person
requesting the recount shall also file with the filing officer of the county, municipality, or
school district a bond, cash, or surety in an amount set by the appropriate governing body
for the payment of recount expenses. The written request, petition, and any bond, cash,
or surety required must be filed during the time for notice of contest for the election for
which the recount is requested.

Sec. 42.

Minnesota Statutes 2008, section 204C.36, subdivision 4, is amended to read:

Subd. 4.

Expenses.

In the case of a question, a person, or a candidate requesting a
discretionary recount, is responsible for the following expenses: the compensation of the
secretary of state, or designees, and any election judge, municipal clerk, county auditor,
administrator, or other personnel who participate in the recount; deleted text begin the costs of computer
operation, preparation of ballot counting equipment, deleted text end necessary supplies and travel
related to the recount; the compensation of the appropriate canvassing board and costs of
preparing for the canvass of recount results; and any attorney fees incurred in connection
with the recount by the governing body responsible for the recount.

Sec. 43.

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 copies deleted text end new text begin A copy new text end of the deleted text begin reports deleted text end new text begin report new 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 Each deleted text end new text begin The new 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 mail deleted text end and the precinct summary statements must be deleted text begin mailed deleted text end new text begin sent by express mail new text end
or delivered to the secretary of state. If deleted text begin neither deleted text end new text begin the new 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. 44.

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 furnish new 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 45.

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 surname deleted text end new text begin in the base
rotation as determined by section 206.61, subdivision 5 new 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 46.

Minnesota Statutes 2008, section 204D.10, subdivision 1, is amended to read:

Subdivision 1.

Partisan offices; nominees.

The candidate for nomination of a
major political party for a partisan office on the state partisan primary ballot who receives
the highest number of votes shall be the nominee of that political party for that office deleted text begin ,
except as otherwise provided in subdivision 2 deleted text end .

Sec. 47.

Minnesota Statutes 2008, section 204D.20, subdivision 1, is amended to read:

Subdivision 1.

Special primary.

Except as provided in subdivision 2, the candidates
of the major political parties to fill a vacancy shall be nominated at a special primary. The
candidate of each party who receives the highest number of votes at the special primary
shall be nominated deleted text begin without reference to the ten percent requirement of section 204D.10,
subdivision 2 deleted text end .

Sec. 48.

Minnesota Statutes 2008, section 205.07, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin City council members; expiration of terms. new text end

new text begin The terms of all city
council members of charter cities expire on the first Monday in January of the year in
which they expire.
new text end

Sec. 49.

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. 50.

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. 51.

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 week deleted text end new text begin two weeks new 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.

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 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 days deleted text end new text begin two weeks new text end before the election deleted text begin post deleted text end new text begin prepare new 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 inspection deleted text end , and post a sample ballot in each polling place on election day.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 53.

new text begin [205A.046] SCHOOL BOARD MEMBER TERM EXPIRATION.
new text end

new text begin The terms of all school board members expire on the first Monday in January of the
year in which they expire.
new text end

Sec. 54.

Minnesota Statutes 2008, section 205A.05, subdivision 1, is amended to read:

Subdivision 1.

Questions.

Special elections must be held for a school district on a
question on which the voters are authorized by law to pass judgment. The school board
may on its own motion call a special election to vote on any matter requiring approval of
the voters of a district. Upon petition new text begin filed with the school board new text end of 50 or more voters of
the school district or five percent of the number of voters voting at the preceding school
district general election, whichever is greater, the school board shall by resolution call
a special election to vote on any matter requiring approval of the voters of a district.
A question is carried only with the majority in its favor required by law. The election
officials for a special election are the same as for the most recent school district general
election unless changed according to law. Otherwise, special elections must be conducted
and the returns made in the manner provided for the school district general election. A
special election may not be held during the 30 days before and the 30 days after the state
primary, during the 30 days before and the 40 days after the state general election. In
addition, a special election may not be held during the 20 days before and the 20 days
after any regularly scheduled election of a municipality wholly or partially within the
school district. Notwithstanding any other law to the contrary, the time period in which a
special election must be conducted under any other law may be extended by the school
board to conform with the requirements of this subdivision.

Sec. 55.

Minnesota Statutes 2008, section 205A.11, subdivision 3, is amended to read:

Subd. 3.

Procedure.

new text begin The designation of a polling place pursuant to this section
remains effective until a different polling place is designated. No designation of a new or
different polling place becomes effective less than 90 days prior to an election, except
that a new polling place may be designated to replace a polling place that has become
unavailable for use. new text end The school board must notify the county auditor within 30 days after
the establishment of a polling place as provided in this section. The notice must include a
list of the precincts that will be voting at each polling place. The school board must send
the notice required by section 204B.16, subdivision 1a, after a polling place is established
as provided in this section, but no additional notices of this kind are required for any
subsequent similar elections until the location of the polling place or the combination
of precincts voting at the polling place is changed. The secretary of state shall provide
a single polling place roster for use in any polling place established as provided in this
section. A single set of election judges must be appointed to serve in the polling place.
The number of election judges required must be based on the total number of persons
voting at the last similar election in all the precincts to be voting at the single polling
place. A single ballot box may be provided for all the ballots.

Sec. 56.

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. On or before primary 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

Sec. 57. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 3.22; 204B.22, subdivision 3; 204D.10,
subdivision 2; 206.57, subdivision 7; and 206.91, new text end new text begin are repealed.
new text end