SF 2390

Conference Committee Report - 88th Legislature (2013 - 2014) Posted on 05/07/2014 04:15pm

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2390

1.2A bill for an act

1.3relating to elections; modifying provisions related to election administration;
1.4making technical changes to provisions related to voting, voter registration,
1.5ballots, and other election-related provisions;amending Minnesota Statutes
1.62012, sections 201.081; 201.091, subdivision 2; 201.13, subdivision 4; 203B.12,
1.7subdivision 7, by adding a subdivision; 203B.22; 204B.09, subdivision 3;
1.8204B.19, subdivision 2; 204C.26, subdivision 1; 204D.13, subdivisions 1, 2;
1.9204D.15, subdivision 1; 205.07, subdivision 1a; 205.13, subdivision 1; 370.05;
1.10375A.12, subdivision 5; 412.091; Minnesota Statutes 2013 Supplement, sections
1.11203B.04, subdivision 1; 204B.45, subdivision 2; 204B.46; 205A.05, subdivision
1.121; 368.47; proposing coding for new law in Minnesota Statutes, chapter 211C.
1.13May 7, 2014
1.14The Honorable Sandra L. Pappas
1.15President of the Senate
1.16The Honorable Paul Thissen
1.17Speaker of the House of Representatives
1.18We, the undersigned conferees for S.F. No. 2390 report that we have agreed upon
1.19the items in dispute and recommend as follows:
1.20That the House recede from its amendments and that S.F. No. 2390 be further
1.21amended as follows:
1.22Delete everything after the enacting clause and insert:

1.23    "Section 1. Minnesota Statutes 2013 Supplement, section 5B.06, is amended to read:
1.245B.06 VOTING BY PROGRAM PARTICIPANT; ABSENTEE BALLOT.
1.25A program participant who is otherwise eligible to vote may register with the
1.26secretary of state as a permanent absentee voter. Notwithstanding section 203B.04,
1.27subdivision 5, the secretary of state is not required to send an absentee ballot application
1.28prior to each election to a program participant registered as a permanent absentee voter
1.29under this section. As soon as practicable before each election, the secretary of state
1.30shall determine the precinct in which the residential address of the program participant
1.31is located and shall request from and receive from the county auditor or other election
1.32official the ballot for that precinct and shall forward the absentee ballot to the program
2.1participant with the other materials for absentee balloting as required by Minnesota
2.2law. The program participant shall complete the ballot and return it to the secretary of
2.3state, who shall review the ballot in the manner provided by section 203B.24 203B.121,
2.4subdivision 2. If the ballot and ballot materials comply with the requirements of that
2.5section, the ballot must be certified by the secretary of state as the ballot of a program
2.6participant, and must be forwarded to the appropriate electoral jurisdiction for tabulation
2.7along with all other ballots. The name and address of a program participant must not be
2.8listed in the statewide voter registration system.

2.9    Sec. 2. Minnesota Statutes 2013 Supplement, section 103C.311, subdivision 2, is
2.10amended to read:
2.11    Subd. 2. Supervisors elected by districts. (a) A district board in the seven-county
2.12metropolitan area shall by resolution provide that supervisors will be elected by supervisor
2.13districts as provided in this subdivision.
2.14(a) The (b) A district board outside of the seven-county metropolitan area, with the
2.15approval of the state board, may by resolution provide that supervisors will be elected by
2.16supervisor districts as provided in this subdivision.
2.17(b) (c) The supervisor districts must be composed of precincts established by
2.18county and municipal governing bodies under section 204B.14. The districts must be
2.19compact, include only contiguous territory, and be substantially equal in population.
2.20The districts must be numbered in a regular series. The districts must be drawn by the
2.21county board of the county containing the largest area of the soil and water conservation
2.22district, in consultation with the district board and with the approval of the state board.
2.23The boundaries of the districts must be redrawn after each decennial federal census as
2.24provided in section 204B.135. A certified copy of the resolution establishing supervisor
2.25districts must be filed by the chair of the district board with the county auditor of the
2.26counties where the soil and water conservation district is located, with the state board, and
2.27with the secretary of state, and the filings must occur within 80 days of the time when the
2.28legislature has been redistricted or at least 15 weeks before the state primary election in a
2.29year ending in two, whichever comes first.
2.30(c) (d) Each supervisor district is entitled to elect one supervisor. A supervisor must
2.31be a resident of the district from which elected.
2.32(d) (e) The district board shall provide staggered terms for supervisors elected by
2.33district. After each redistricting, there shall be a new election of supervisors in all the
2.34districts at the next general election, except that if the change made in the boundaries of a
2.35district is less than five percent of the average population of all the districts, the supervisor
3.1in office at the time of the redistricting shall serve for the full term for which elected. The
3.2district board shall determine by lot the seats to be filled for a two-year term, a four-year
3.3term, and a six-year term.
3.4EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
3.5elections conducted on or after that date.

3.6    Sec. 3. Minnesota Statutes 2013 Supplement, section 201.061, subdivision 3, is
3.7amended to read:
3.8    Subd. 3. Election day registration. (a) An individual who is eligible to vote may
3.9register on election day by appearing in person at the polling place for the precinct in
3.10which the individual maintains residence, by completing a registration application, making
3.11an oath in the form prescribed by the secretary of state and providing proof of residence.
3.12An individual may prove residence for purposes of registering by:
3.13    (1) presenting a driver's license or Minnesota identification card issued pursuant
3.14to section 171.07;
3.15    (2) presenting any document approved by the secretary of state as proper
3.16identification;
3.17    (3) presenting one of the following:
3.18    (i) a current valid student identification card from a postsecondary educational
3.19institution in Minnesota, if a list of students from that institution has been prepared under
3.20section 135A.17 and certified to the county auditor in the manner provided in rules of
3.21the secretary of state; or
3.22    (ii) a current student fee statement that contains the student's valid address in the
3.23precinct together with a picture identification card; or
3.24    (4) having a voter who is registered to vote in the precinct, or who is an employee
3.25employed by and working in a residential facility in the precinct and vouching for a
3.26resident in the facility, sign an oath in the presence of the election judge vouching that
3.27the voter or employee personally knows that the individual is a resident of the precinct.
3.28A voter who has been vouched for on election day may not sign a proof of residence
3.29oath vouching for any other individual on that election day. A voter who is registered to
3.30vote in the precinct may sign up to eight proof-of-residence oaths on any election day.
3.31This limitation does not apply to an employee of a residential facility described in this
3.32clause. The secretary of state shall provide a form for election judges to use in recording
3.33the number of individuals for whom a voter signs proof-of-residence oaths on election
3.34day. The form must include space for the maximum number of individuals for whom a
3.35voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form must
4.1include a statement that the voter individual: (i) is registered to vote in the precinct or is an
4.2employee of a residential facility in the precinct, (ii) personally knows that the individual
4.3 voter is a resident of the precinct, and (iii) is making the statement on oath. The form must
4.4include a space for the voter's printed name, signature, telephone number, and address.
4.5    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
4.6attached to the voter registration application.
4.7    (b) The operator of a residential facility shall prepare a list of the names of its
4.8employees currently working in the residential facility and the address of the residential
4.9facility. The operator shall certify the list and provide it to the appropriate county auditor
4.10no less than 20 days before each election for use in election day registration.
4.11    (c) "Residential facility" means transitional housing as defined in section 256E.33,
4.12subdivision 1 ; a supervised living facility licensed by the commissioner of health under
4.13section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
4.145 ; a residence registered with the commissioner of health as a housing with services
4.15establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
4.16the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
4.17licensed by the commissioner of human services to provide a residential program as
4.18defined in section 245A.02, subdivision 14; a residential facility for persons with a
4.19developmental disability licensed by the commissioner of human services under section
4.20252.28 ; group residential housing as defined in section 256I.03, subdivision 3; a shelter
4.21for battered women as defined in section 611A.37, subdivision 4; or a supervised
4.22publicly or privately operated shelter or dwelling designed to provide temporary living
4.23accommodations for the homeless.
4.24    (d) For tribal band members, an individual may prove residence for purposes of
4.25registering by:
4.26    (1) presenting an identification card issued by the tribal government of a tribe
4.27recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
4.28contains the name, address, signature, and picture of the individual; or
4.29    (2) presenting an identification card issued by the tribal government of a tribe
4.30recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
4.31contains the name, signature, and picture of the individual and also presenting one of the
4.32documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
4.33    (e) A county, school district, or municipality may require that an election judge
4.34responsible for election day registration initial each completed registration application.

5.1    Sec. 4. Minnesota Statutes 2012, section 201.061, subdivision 8, as added by Laws
5.22014, chapter 185, section 3, is amended to read:
5.3    Subd. 8. Web site security. (a) The secretary of state shall maintain a log of each
5.4Internet Protocol address used to submit a voter registration application electronically
5.5under subdivision 1, paragraph (a), clause (2), and must monitor the log, volume of
5.6Web site use, and other appropriate indicators for suspicious activity. Evidence of
5.7suspicious activity that cannot be resolved by the secretary of state must be forwarded to
5.8an appropriate law enforcement agency for investigation.
5.9(b) The electronic registration system must be secure. The Web site shall maintain
5.10the confidentiality of all users and preserve the integrity of the data submitted. The
5.11secretary of state shall employ security measures to ensure the accuracy and integrity of
5.12voter registration applications submitted electronically pursuant to this section. All data
5.13sent and received through the Web site must be encrypted.
5.14(c) The secretary of state must provide ongoing testing and monitoring to ensure
5.15continued security. The secretary of state must work with the chief information officer
5.16as defined in section 16E.01, subdivision 1, or another security expert to annually assess
5.17the security of the system. The security assessment must include a certification signed
5.18by the secretary of state that states that adequate security measures are in place. The
5.19certification must also be signed by the chief information officer or another security expert
5.20affirming that the assessment is accurate. The secretary of state must submit the security
5.21assessment to the legislative auditor and to the chairs and ranking minority members of
5.22the committees in the senate and house of representatives with primary jurisdiction over
5.23elections by January 1 of each year, except that the first annual security assessment must
5.24be submitted by September 30, 2014, and no report is required for January 1, 2015.
5.25(d) In developing the electronic voter registration system, the secretary of state must
5.26consult with the chief information officer or the chief's designee to ensure the site is secure.

5.27    Sec. 5. Minnesota Statutes 2012, section 201.081, as amended by Laws 2014, chapter
5.28185, section 6, is amended to read:
5.29201.081 REGISTRATION FILES.
5.30    Subdivision 1. Statewide registration system. (a) The statewide registration system
5.31is the official record of registered voters. The voter registration applications and the
5.32terminal providing access to the statewide registration system must be under the control
5.33of the county auditor or the public official to whom the county auditor has delegated
5.34the responsibility for maintaining voter registration records. The voter registration
5.35applications and terminals providing access to the statewide registration system must not
6.1be removed from the control of the county auditor except as provided in this section.
6.2The county auditor may make photographic copies of voter registration applications in
6.3the manner provided by section 138.17.
6.4    (b) A properly completed voter registration application that has been submitted
6.5electronically or in paper form to the secretary of state or a county auditor must be
6.6maintained by the secretary of state or the county auditor for at least 22 months after the
6.7date that the information on the application is entered into the database of the statewide
6.8registration system. The secretary of state or the county auditor may dispose of the
6.9applications after retention for 22 months in the manner provided by section 138.17.
6.10    (c) Data contained on a voter registration application submitted electronically
6.11through the secure Web site established in section 201.061, subdivision 1, must be
6.12maintained in its original form, in a manner suitable for printing, for the period required
6.13by this section. The Internet Protocol address used to submit an application electronically
6.14must be maintained with the voter registration application data.
6.15    Subd. 2. Exception. The secretary of state may maintain voter records of
6.16participants of the Safe at Home program for the purposes of chapter 5B.

6.17    Sec. 6. Minnesota Statutes 2012, section 201.091, subdivision 2, is amended to read:
6.18    Subd. 2. Corrected list. By February 15 of each year, the secretary of state shall
6.19prepare the master list for each county auditor. The records in the statewide registration
6.20system must be periodically corrected and updated by the county auditor. An updated
6.21master list for each precinct must be available for absentee voting at least 32 46 days
6.22before each election. A final corrected master list must be available seven days before
6.23each election.

6.24    Sec. 7. Minnesota Statutes 2012, section 201.13, subdivision 4, is amended to read:
6.25    Subd. 4. Request for removal of voter record. If a voter makes a written request
6.26for removal of the voter's record, the county auditor shall remove inactivate the record of
6.27the voter from in the statewide voter registration system.

6.28    Sec. 8. Minnesota Statutes 2013 Supplement, section 203B.04, subdivision 1, as
6.29amended by Laws 2014, chapter 185, section 8, is amended to read:
6.30    Subdivision 1. Application procedures. (a) Except as otherwise allowed by
6.31subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for
6.32any election may be submitted at any time not less than one day before the day of that
6.33election. The county auditor shall prepare absentee ballot application forms in the format
7.1provided by the secretary of state and shall furnish them to any person on request. By
7.2January 1 of each even-numbered year, the secretary of state shall make the forms to be
7.3used available to auditors through electronic means. An application submitted pursuant
7.4to this subdivision shall be in writing. An application may be submitted in person by
7.5electronic facsimile device, by electronic mail, or by mail to:
7.6    (1) the county auditor of the county where the applicant maintains residence; or
7.7    (2) the municipal clerk of the municipality, or school district if applicable, where
7.8the applicant maintains residence.
7.9For a federal, state, or county election, an absentee ballot application may alternatively
7.10be submitted electronically through a secure Web site that shall be maintained by the
7.11secretary of state for this purpose. Notwithstanding paragraph (b), the secretary of state
7.12must require applicants using the Web site to submit the applicant's e-mail address and
7.13verifiable Minnesota driver's license number, Minnesota state identification card number,
7.14or the last four digits of the applicant's Social Security number.
7.15An application submitted electronically under this paragraph may only be transmitted to
7.16the county auditor for processing if the secretary of state has verified the application
7.17information matches the information in a government database associated with the
7.18applicant's driver's license number, state identification card number, or Social Security
7.19number. The secretary of state must review all unverifiable applications for evidence
7.20of suspicious activity and must forward any such application to an appropriate law
7.21enforcement agency for investigation.
7.22    (b) An application shall be approved if it is timely received, signed and dated by
7.23the applicant, contains the applicant's name and residence and mailing addresses, date
7.24of birth, and at least one of the following:
7.25(1) the applicant's Minnesota driver's license number;
7.26(2) Minnesota state identification card number;
7.27(3) the last four digits of the applicant's Social Security number; or
7.28(4) a statement that the applicant does not have any of these numbers.
7.29(c) To be approved, the application must contain an oath that the information
7.30contained on the form is accurate, that the applicant is applying on the applicant's own
7.31behalf, and that the applicant is signing the form under penalty of perjury.
7.32(d) An applicant's full date of birth, Minnesota driver's license or state identification
7.33number, and the last four digits of the applicant's Social Security number must not be made
7.34available for public inspection. An application may be submitted to the county auditor
7.35or municipal clerk by an electronic facsimile device. An application mailed or returned
7.36in person to the county auditor or municipal clerk on behalf of a voter by a person other
8.1than the voter must be deposited in the mail or returned in person to the county auditor or
8.2municipal clerk within ten days after it has been dated by the voter and no later than six
8.3days before the election. The absentee ballot applications or a list of persons applying
8.4for an absentee ballot may not be made available for public inspection until the close of
8.5voting on election day, except as authorized in section 203B.12.
8.6    (e) An application under this subdivision may contain an application under
8.7subdivision 5 to automatically receive an absentee ballot application.

8.8    Sec. 9. Minnesota Statutes 2012, section 203B.04, subdivision 7, as added by Laws
8.92014, chapter 185, section 9, is amended to read:
8.10    Subd. 7. Web site security. (a) The secretary of state shall maintain a log of each
8.11Internet Protocol address used to submit an absentee ballot application electronically under
8.12this section, and must monitor the log, volume of Web site use, and other appropriate
8.13indicators for suspicious activity. Evidence of suspicious activity that cannot be resolved
8.14by the secretary of state must be forwarded to an appropriate law enforcement agency for
8.15investigation.
8.16(b) The electronic absentee ballot application system must be secure. The Web
8.17site shall maintain the confidentiality of all users and preserve the integrity of the data
8.18submitted. The secretary of state shall employ security measures to ensure the accuracy
8.19and integrity of absentee ballot applications submitted electronically pursuant to this
8.20section. All data sent and received through the Web site must be encrypted.
8.21(c) The secretary of state must provide ongoing testing and monitoring to ensure
8.22continued security. The secretary of state must work with the chief information officer
8.23as defined in section 16E.01, subdivision 1, or another security expert to annually assess
8.24the security of the system. The security assessment must include a certification signed
8.25by the secretary of state that states that adequate security measures are in place. The
8.26certification must also be signed by the chief information officer or another security expert
8.27affirming that the assessment is accurate. The secretary of state must submit the security
8.28assessment to the legislative auditor and to the chairs and ranking minority members of
8.29the committees in the senate and house of representatives with primary jurisdiction over
8.30elections by January 1 of each year, except that the first annual security assessment must
8.31be submitted by September 30, 2014, and no report is required for January 1, 2015.
8.32(d) In developing the electronic absentee ballot application system, the secretary of
8.33state must consult with the chief information officer or the chief's designee to ensure the
8.34site is secure.

9.1    Sec. 10. Minnesota Statutes 2012, section 203B.12, subdivision 7, is amended to read:
9.2    Subd. 7. Names of persons submitting; rejected absentee ballots. The names
9.3of voters who have submitted an absentee ballot return envelope to the county auditor
9.4or municipal clerk that has not been accepted may not be made available for public
9.5inspection until the close of voting on election day.

9.6    Sec. 11. Minnesota Statutes 2012, section 203B.12, is amended by adding a subdivision
9.7to read:
9.8    Subd. 8. Names of persons; accepted absentee ballots. For all elections where use
9.9of the statewide voter registration system is required, the secretary of state must maintain
9.10a list of voters who have submitted absentee ballots that have been accepted. For all other
9.11elections, the county auditor or municipal clerk must maintain a list of voters who have
9.12submitted absentee ballots that have been accepted. The lists must be available to the public
9.13in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.

9.14    Sec. 12. Minnesota Statutes 2012, section 203B.17, subdivision 3, as amended by
9.15Laws 2014, chapter 185, section 10, is amended to read:
9.16    Subd. 3. Web site security. (a) The secretary of state shall maintain a log of each
9.17Internet Protocol address used to submit an absentee ballot application electronically under
9.18this section, and must monitor the log, volume of Web site use, and other appropriate
9.19indicators for suspicious activity. Evidence of suspicious activity that cannot be resolved
9.20by the secretary of state must be forwarded to an appropriate law enforcement agency for
9.21investigation.
9.22(b) The electronic absentee ballot application system must be secure. The Web
9.23site shall maintain the confidentiality of all users and preserve the integrity of the data
9.24submitted. The secretary of state shall employ security measures to ensure the accuracy
9.25and integrity of absentee ballot applications submitted electronically pursuant to this
9.26section. All data sent and received through the Web site must be encrypted.
9.27(c) The secretary of state must provide ongoing testing and monitoring to ensure
9.28continued security. The secretary of state must work with the chief information officer
9.29as defined in section 16E.01, subdivision 1, or another security expert to annually assess
9.30the security of the system. The security assessment must include a certification signed
9.31by the secretary of state that states that adequate security measures are in place. The
9.32certification must also be signed by the chief information officer or another security expert
9.33affirming that the assessment is accurate. The secretary of state must submit the security
9.34assessment to the legislative auditor and to the chairs and ranking minority members of
10.1the committees in the senate and house of representatives with primary jurisdiction over
10.2elections by January 1 of each year, except that the first annual security assessment must
10.3be submitted by September 30, 2014, and no report is required for January 1, 2015.
10.4(d) In developing the electronic absentee ballot application system, the secretary of
10.5state must consult with the chief information officer or the chief's designee to ensure the
10.6site is secure.

10.7    Sec. 13. Minnesota Statutes 2012, section 203B.22, is amended to read:
10.8203B.22 TRANSMITTING BALLOTS.
10.9    (a) The county auditor shall transmit the appropriate ballots, as promptly as possible,
10.10to an absent voter whose application has been recorded under section 203B.19. If the
10.11county auditor determines that a voter is not eligible to vote at the primary but will be
10.12eligible to vote at the general election, only general election ballots shall be transmitted.
10.13Only one set of ballots shall be transmitted to any applicant for any election, except that
10.14the county auditor may transmit a replacement ballot to a voter whose ballot has been
10.15spoiled or lost in transit or whose mailing address has changed after the date on which
10.16the original application was submitted as confirmed by the county auditor. Ballots to be
10.17sent outside the United States shall be given priority in transmission. A county auditor
10.18may make use of any special service provided by the United States government for the
10.19transmission of voting materials under sections 203B.16 to 203B.27.
10.20    (b) The county auditor must transmit the appropriate ballots by express mail
10.21immediately upon discovery that the ballots were not properly transmitted to the voter as
10.22a result of the following circumstances: (1) an application was received by the county
10.23auditor by the close of business at least 46 days before the election; (2) the county auditor
10.24failed to transmit the appropriate ballots by the 46th day before the election; and (3)
10.25the voter did not request that the ballots be electronically transmitted to the voter under
10.26section 203B.225, subdivision 1.

10.27    Sec. 14. Minnesota Statutes 2012, section 204B.09, subdivision 3, is amended to read:
10.28    Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
10.29who wants write-in votes for the candidate to be counted must file a written request with
10.30the filing office for the office sought not more than 84 days before the primary and no later
10.31than the seventh day before the general election. The filing officer shall provide copies
10.32of the form to make the request.
10.33    (b) A candidate for president of the United States who files a request under this
10.34subdivision must include the name of a candidate for vice-president of the United States.
11.1The request must also include the name of at least one candidate for presidential elector. The
11.2total number of names of candidates for presidential elector on the request may not exceed
11.3the total number of electoral votes to be cast by Minnesota in the presidential election.
11.4    (c) A candidate for governor who files a request under this subdivision must include
11.5the name of a candidate for lieutenant governor.

11.6    Sec. 15. Minnesota Statutes 2012, section 204B.19, subdivision 2, is amended to read:
11.7    Subd. 2. Individuals not qualified to be election judges. (a) Except as provided in
11.8paragraph (b), no individual shall be appointed as an election judge for any precinct if
11.9that individual:
11.10(1) is unable to read, write, or speak the English language;
11.11(2) is the spouse,; parent, including a stepparent; child, including a stepchild,; or
11.12sibling, including a stepsibling,; of any election judge serving in the same precinct or of
11.13any candidate at that election; or
11.14(3) is a candidate at that election.
11.15(b) Individuals who are related to each other as provided in paragraph (a), clause (2),
11.16may serve as election judges in the same precinct, provided that they serve on separate
11.17shifts that do not run concurrently.

11.18    Sec. 16. Minnesota Statutes 2013 Supplement, section 204B.46, is amended to read:
11.19204B.46 MAIL ELECTIONS; QUESTIONS.
11.20    A county, municipality, or school district submitting questions to the voters at a
11.21special election may conduct an election by mail with no polling place other than the
11.22office of the auditor or clerk. No offices may be voted on at a mail election. Notice of the
11.23election must be given to the county auditor at least 74 days prior to the election. This
11.24notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The special
11.25mail ballot procedures must be posted at least six weeks prior to the election. Not more
11.26than 46 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by
11.27nonforwardable mail to all voters registered in the county, municipality, or school district.
11.28No later than 14 days before the election, the auditor or clerk must make a subsequent
11.29mailing of ballots to those voters who register to vote after the initial mailing but before the
11.3020th day before the election. Eligible voters not registered at the time the ballots are mailed
11.31may apply for ballots pursuant to chapter 203B. The auditor or clerk must appoint a ballot
11.32board to examine the mail and absentee ballot return envelopes and mark them "Accepted"
11.33or "Rejected" within three days of receipt if there are 14 or fewer days before election day,
11.34or within five days of receipt if there are more than 14 days before election day. The board
12.1may consist of deputy county auditors, deputy municipal clerks, or deputy school district
12.2clerks who have received training in the processing and counting of mail ballots, who
12.3need not be affiliated with a major political party. Election judges performing the duties in
12.4this section must be of different major political parties, unless they are exempt from that
12.5requirement under section 205.075, subdivision 4, or section 205A.10. If an envelope has
12.6been rejected at least five days before the election, the ballots in the envelope must remain
12.7sealed and the auditor or clerk must provide the voter with a replacement ballot and return
12.8envelope in place of the spoiled ballot. If the ballot is rejected within five days of the
12.9election, the envelope must remain sealed and the official in charge of the ballot board must
12.10attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot
12.11has been rejected. The official must document the attempts made to contact the voter.
12.12If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
12.13indicate that the voter has already cast a ballot in that election. After the close of business
12.14on the fourth seventh day before the election, the ballots from return envelopes marked
12.15"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86,
12.16subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.
12.17In all other respects, the provisions of the Minnesota Election Law governing
12.18deposit and counting of ballots apply.
12.19The mail and absentee ballots for a precinct must be counted together and reported
12.20as one vote total. No vote totals from ballots may be made public before the close of
12.21voting on election day.

12.22    Sec. 17. Minnesota Statutes 2012, section 204C.08, subdivision 1d, is amended to read:
12.23    Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to
12.24each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
12.25forth in this section. Before the hours of voting are scheduled to begin, the election judges
12.26shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
12.27of Rights is as follows:

12.28"VOTER'S BILL OF RIGHTS

12.29For all persons residing in this state who meet federal voting eligibility requirements:
12.30(1) You have the right to be absent from work for the purpose of voting in a state or
12.31federal election without reduction to your pay, personal leave, or vacation time on election
12.32day for the time necessary to appear at your polling place, cast a ballot, and return to work.
12.33(2) If you are in line at your polling place any time before 8:00 p.m., you have the
12.34right to vote.
13.1(3) If you can provide the required proof of residence, you have the right to register
13.2to vote and to vote on election day.
13.3(4) If you are unable to sign your name, you have the right to orally confirm your
13.4identity with an election judge and to direct another person to sign your name for you.
13.5(5) You have the right to request special assistance when voting.
13.6(6) If you need assistance, you may be accompanied into the voting booth by a
13.7person of your choice, except by an agent of your employer or union or a candidate.
13.8(7) You have the right to bring your minor children into the polling place and into
13.9the voting booth with you.
13.10(8) If you have been convicted of a felony but your felony sentence has expired (been
13.11completed) or you have been discharged from your sentence, you have the right to vote.
13.12(9) If you are under a guardianship, you have the right to vote, unless the court
13.13order revokes your right to vote.
13.14(10) You have the right to vote without anyone in the polling place trying to
13.15influence your vote.
13.16(11) If you make a mistake or spoil your ballot before it is submitted, you have the
13.17right to receive a replacement ballot and vote.
13.18(12) You have the right to file a written complaint at your polling place if you are
13.19dissatisfied with the way an election is being run.
13.20(13) You have the right to take a sample ballot into the voting booth with you.
13.21(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
13.22booth with you."

13.23    Sec. 18. Minnesota Statutes 2012, section 204C.26, subdivision 1, is amended to read:
13.24    Subdivision 1. Summary statements. For state elections, each official responsible
13.25for printing ballots shall furnish three or more blank summary statement forms for the
13.26returns of those ballots for each precinct. At least two copies of the summary statement
13.27must be prepared for elections not held on the same day as the state elections. The blank
13.28summary statement forms shall be furnished at the same time and in the same manner as
13.29the ballots. The county auditor shall furnish blank summary statement forms containing
13.30separate space for the summary statement of the returns of the white state general election
13.31 ballot and the summary statement of the returns for the state pink ballot.

13.32    Sec. 19. Minnesota Statutes 2012, section 204D.13, subdivision 1, is amended to read:
13.33    Subdivision 1. Order of offices. The candidates for partisan offices shall be placed
13.34on the white state general election ballot in the following order: senator in Congress shall
14.1be first; representative in Congress, second; state senator, third; and state representative,
14.2fourth. The candidates for state offices shall follow in the order specified by the secretary
14.3of state. Candidates for governor and lieutenant governor shall appear so that a single
14.4vote may be cast for both offices.

14.5    Sec. 20. Minnesota Statutes 2012, section 204D.13, subdivision 2, is amended to read:
14.6    Subd. 2. Order of political parties. The first name printed for each partisan office
14.7on the white state general election ballot shall be that of the candidate of the major political
14.8party that received the smallest average number of votes at the last state general election.
14.9The succeeding names shall be those of the candidates of the other major political parties
14.10that received a succeedingly higher average number of votes respectively. For the purposes
14.11of this subdivision, the average number of votes of a major political party shall be computed
14.12by dividing the total number of votes counted for all of the party's candidates for statewide
14.13office at the state general election by the number of those candidates at the election.

14.14    Sec. 21. Minnesota Statutes 2012, section 204D.15, subdivision 1, is amended to read:
14.15    Subdivision 1. Titles for constitutional amendments. The secretary of state shall
14.16provide an appropriate title for each question printed on the pink state general election
14.17 ballot. The title shall be approved by the attorney general, and shall consist of not more
14.18than one printed line above the question to which it refers. At the top of the ballot just
14.19below the heading, a conspicuous notice shall be printed stating that a voter's failure to
14.20vote on a constitutional amendment has the effect of a negative vote.

14.21    Sec. 22. Minnesota Statutes 2012, section 205.07, subdivision 1a, is amended to read:
14.22    Subd. 1a. City council members; expiration of terms. The terms of all city
14.23council members of charter cities expire on the first Monday in January of the year in
14.24which they expire. All officers of charter cities chosen and qualified shall hold office until
14.25their successors qualify.

14.26    Sec. 23. Minnesota Statutes 2012, section 205.13, subdivision 1, is amended to read:
14.27    Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to
14.28become a candidate for an office to be voted for at the municipal general election shall file
14.29an affidavit of candidacy with the municipal clerk. Candidates for a special election to
14.30fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit
14.31of candidacy for the specific office to fill the unexpired portion of the term. Subject to
14.32the approval of the county auditor, the town clerk may authorize candidates for township
15.1offices to file affidavits of candidacy with the county auditor. The affidavit shall be in
15.2substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk
15.3shall also accept an application signed by not less than five voters and filed on behalf of an
15.4eligible voter in the municipality whom they desire to be a candidate, if service of a copy
15.5of the application has been made on the candidate and proof of service is endorsed on the
15.6application being filed. Upon receipt of the proper filing fee, the clerk shall place the name
15.7of the candidate on the official ballot without partisan designation.

15.8    Sec. 24. Minnesota Statutes 2013 Supplement, section 205A.05, subdivision 1, is
15.9amended to read:
15.10    Subdivision 1. Questions. (a) Special elections must be held for a school district on
15.11a question on which the voters are authorized by law to pass judgment. The school board
15.12may on its own motion call a special election to vote on any matter requiring approval of
15.13the voters of a district. Upon petition filed with the school board of 50 or more voters of
15.14the school district or five percent of the number of voters voting at the preceding school
15.15district general election, whichever is greater, the school board shall by resolution call
15.16a special election to vote on any matter requiring approval of the voters of a district.
15.17A question is carried only with the majority in its favor required by law. The election
15.18officials for a special election are the same as for the most recent school district general
15.19election unless changed according to law. Otherwise, special elections must be conducted
15.20and the returns made in the manner provided for the school district general election.
15.21    (b) A special election may not be held:
15.22    (1) during the 56 days before and the 56 days after a regularly scheduled primary or
15.23general election conducted wholly or partially within the school district.;
15.24    (2) on the date of a regularly scheduled town election in March conducted wholly
15.25or partially within the school district; or
15.26    (3) during the 30 days before or the 30 days after a regularly scheduled town election
15.27in March conducted wholly or partially within the school district.
15.28    (c) Notwithstanding any other law to the contrary, the time period in which a special
15.29election must be conducted under any other law may be extended by the school board to
15.30conform with the requirements of this subdivision.

15.31    Sec. 25. [211C.071] REMOVAL ELECTION FORM OF QUESTION.
15.32The form of the question under this chapter must be:
15.33"Shall ....... (Name) elected (appointed) to the office of ....... (title) be removed
15.34from that office?"

16.1    Sec. 26. Minnesota Statutes 2013 Supplement, section 368.47, is amended to read:
16.2368.47 TOWNS MAY BE DISSOLVED.
16.3    (1) When the voters residing within a town have failed to elect any town officials for
16.4more than ten years continuously;
16.5    (2) when a town has failed for a period of ten years to exercise any of the powers
16.6and functions of a town;
16.7    (3) when the estimated market value of a town drops to less than $165,000;
16.8    (4) when the tax delinquency of a town, exclusive of taxes that are delinquent or
16.9unpaid because they are contested in proceedings for the enforcement of taxes, amounts to
16.1012 percent of its market value; or
16.11    (5) when the state or federal government has acquired title to 50 percent of the
16.12real estate of a town,
16.13which facts, or any of them, may be found and determined by the resolution of the county
16.14board of the county in which the town is located, according to the official records in the
16.15office of the county auditor, the county board by resolution may declare the town, naming
16.16it, dissolved and no longer entitled to exercise any of the powers or functions of a town.
16.17    In Cass, Itasca, and St. Louis Counties, before the dissolution is effective the voters
16.18of the town shall express their approval or disapproval. The town clerk shall, upon a
16.19petition signed by a majority of the registered voters of the town, filed with the clerk at
16.20least 60 days before a regular or special town election, give notice at the same time and
16.21in the same manner of the election that the question of dissolution of the town will be
16.22submitted for determination at the election. At the election the question shall be voted
16.23upon by a separate ballot, the terms of which shall be either "for dissolution" or "against
16.24dissolution.". The form of the question under this chapter shall be substantially in the
16.25following form: "Shall the town of ... be dissolved?" The ballot shall be deposited in a
16.26separate ballot box and the result of the voting canvassed, certified, and returned in the
16.27same manner and at the same time as other facts and returns of the election. If a majority of
16.28the votes cast at the election are for dissolution, the town shall be dissolved. If a majority
16.29of the votes cast at the election are against dissolution, the town shall not be dissolved.
16.30    When a town is dissolved under sections 368.47 to 368.49 the county shall acquire
16.31title to any telephone company or other business conducted by the town. The business
16.32shall be operated by the board of county commissioners until it can be sold. The
16.33subscribers or patrons of the business shall have the first opportunity of purchase. If the
16.34town has any outstanding indebtedness chargeable to the business, the county auditor shall
16.35levy a tax against the property situated in the dissolved town to pay the indebtedness
16.36as it becomes due.

17.1    Sec. 27. Minnesota Statutes 2012, section 370.05, is amended to read:
17.2370.05 NOTICE OF ELECTION; FORM OF BALLOT.
17.3The notice of the next general election of county officers must specify that the
17.4question of forming the new county, or changing the boundaries of existing counties, as
17.5the case may be, will be voted upon at the election, and must state substantially the facts
17.6in the petition. If the proposition is for a change of boundaries, the ballots shall include
17.7the words: "For changing county boundaries. Yes. No." the form of the question shall be
17.8substantially in the following form: "Shall the county boundaries be changed as described
17.9in the proclamation issued on (date)?" If the proposition is for the establishment of a new
17.10county, the words: "For a new county. Yes. No." Each of the last two words, "yes" and
17.11"no," shall be followed by a square in which the voter may make a cross to indicate a
17.12choice. the form of the question shall be substantially in the following form: "Shall a new
17.13county be established as described in the proclamation issued on (date)?"

17.14    Sec. 28. Minnesota Statutes 2012, section 375A.12, subdivision 5, is amended to read:
17.15    Subd. 5. Form of ballot. In the submission of any proposal pursuant to subdivision
17.162 the ballot shall be substantially in the following form:
17.17(...) FOR the proposal (describe briefly the change proposed)
17.18(...) AGAINST the proposal (describe briefly the change proposed) "Shall the
17.19office(s) of ....... be appointed rather than elected at the expiration of the(ir) current
17.20term(s)?"

17.21    Sec. 29. Minnesota Statutes 2012, section 412.091, is amended to read:
17.22412.091 DISSOLUTION.
17.23Whenever a number of voters equal to one-third of those voting at the last
17.24preceding city election petition the chief administrative law judge of the state Office of
17.25Administrative Hearings to dissolve the city, a special election shall be called to vote upon
17.26the question. Before the election, the chief administrative law judge shall designate a time
17.27and place for a hearing in accordance with section 414.09. After the hearing, the chief
17.28administrative law judge shall issue an order which shall include a date for the election, a
17.29determination of what town or towns the territory of the city shall belong to if the voters
17.30favor dissolution, and other necessary provisions. The ballots used at such election shall
17.31bear the printed words, "For Dissolution" and "Against Dissolution," with a square before
17.32each phrase in which the voter may express a preference by a cross. be substantially in
17.33the following form: "Shall the city of ... be dissolved?" If a majority of those voting on
17.34the question favor dissolution, the clerk shall file a certificate of the result with the chief
18.1administrative law judge, the secretary of state, and the county auditor of the county in
18.2which the city is situated. Six months after the date of such election, the city shall cease to
18.3exist. Within such six months, the council shall audit all claims against the city, settle with
18.4the treasurer, and other city officers, and apply the assets of the city to the payment of its
18.5debts. If any debts remain unpaid, other than bonds, the city clerk shall file a schedule of
18.6such debts with the county treasurer and the council shall levy a tax sufficient for their
18.7payment, the proceeds of which, when collected, shall be paid by the county treasurer to
18.8the creditors in proportion to their several claims until all are discharged. The principal
18.9and interest on outstanding bonds shall be paid when due by the county treasurer from a
18.10tax annually spread by the county auditor against property formerly included within the
18.11city until the bonds are fully paid. All city property and all rights of the city shall, upon
18.12dissolution, inure in the town or towns designated as the legal successor to the city. If the
18.13city territory goes to more than one town, surplus cash assets and unsold city property
18.14shall be distributed as provided by the order for the election.

18.15    Sec. 30. DISSOLUTION OF ELECTION DISTRICTS IN SPECIAL SCHOOL
18.16DISTRICT NO. 6, SOUTH ST. PAUL.
18.17Notwithstanding Minnesota Statutes, section 205A.12, subdivision 7, or any special
18.18law applicable to the district, Special School District No. 6, South St. Paul, may by
18.19resolution dissolve election districts previously established. The resolution must include a
18.20plan for the orderly transition to at-large elections of school board members.
18.21EFFECTIVE DATE.This section is effective the day after the governing body of
18.22Special School District No. 6, South St. Paul, and its chief clerical officer timely complete
18.23their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

18.24    Sec. 31. REPEALER.
18.25Minnesota Statutes 2012, section 201.016, subdivision 2, is repealed.

18.26    Sec. 32. EFFECTIVE DATE.
18.27Except where otherwise provided, this act is effective the day following final
18.28enactment."
18.29Delete the title and insert:

18.30"A bill for an act

18.31relating to elections; modifying provisions related to election administration;
18.32making changes to election provisions related to voting, voter registration,
18.33absentee ballots, ballots, soil and water conservation districts, candidates,
18.34municipal elections, school district elections, the recall of elected officials, and
18.35other election-related provisions; making technical and clarifying changes;
19.1providing for dissolution of certain election districts;amending Minnesota
19.2Statutes 2012, sections 201.061, subdivision 8, as added; 201.081, as amended;
19.3201.091, subdivision 2; 201.13, subdivision 4; 203B.04, subdivision 7, as added;
19.4203B.12, subdivision 7, by adding a subdivision; 203B.17, subdivision 3, as
19.5amended; 203B.22; 204B.09, subdivision 3; 204B.19, subdivision 2; 204C.08,
19.6subdivision 1d; 204C.26, subdivision 1; 204D.13, subdivisions 1, 2; 204D.15,
19.7subdivision 1; 205.07, subdivision 1a; 205.13, subdivision 1; 370.05; 375A.12,
19.8subdivision 5; 412.091; Minnesota Statutes 2013 Supplement, sections 5B.06;
19.9103C.311, subdivision 2; 201.061, subdivision 3; 203B.04, subdivision 1, as
19.10amended; 204B.46; 205A.05, subdivision 1; 368.47; proposing coding for new
19.11law in Minnesota Statutes, chapter 211C; repealing Minnesota Statutes 2012,
19.12section 201.016, subdivision 2."

20.1	We request the adoption of this report and repassage of the bill.
20.2	Senate Conferees:
20.3	.....		.....
20.4	Katie Sieben		John A. Hoffman
20.5	.....
20.6	Scott J. Newman
20.7	House Conferees:
20.8	.....		.....
20.9	Connie Bernardy		Ryan Winkler
20.10	.....
20.11	Tim Sanders