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SF 2743

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to elections; providing for data privacy in certain voter records;
regulating a Web site; changing certain election law provisions; setting the
criteria for voting systems to be used in elections; establishing a voting machines
options working group; providing appointments; amending Minnesota Statutes
2004, sections 201.061, subdivision 1; 202A.155; 203B.02, subdivision 1;
203B.06, subdivision 3; 203B.11, subdivision 4; 204B.40; 204C.07, by adding a
subdivision; 204C.15, subdivision 1; 211A.02, subdivision 2; Minnesota Statutes
2005 Supplement, sections 10.60, subdivisions 3, 4; 10A.01, subdivision 26;
201.061, subdivision 3; 204C.10; 206.56, subdivisions 1b, 3, 7a, 7b, 8; 206.61,
subdivision 5; 206.80; 206.805, subdivision 1; 206.82, subdivision 2; 206.83;
206.90, subdivision 8; proposing coding for new law in Minnesota Statutes,
chapters 13; 204C; 206; proposing coding for new law as Minnesota Statutes,
chapter 5B; repealing Minnesota Statutes 2004, section 204C.50, subdivisions 3,
4, 5, 6; Minnesota Statutes 2005 Supplement, section 204C.50, subdivisions 1, 2.

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

Section 1.

new text begin [5B.01] FINDINGS; PURPOSE.
new text end

new text begin The legislature finds that individuals attempting to escape from actual or threatened
domestic violence, sexual assault, or stalking frequently establish new addresses in order
to prevent their assailants or probable assailants from finding them. The purpose of this
chapter is to enable state and local agencies to respond to requests for data without
disclosing the location of a victim of domestic violence, sexual assault, or stalking;
to enable interagency cooperation with the secretary of state in providing address
confidentiality for victims of domestic violence, sexual assault, or stalking; and to enable
program participants to use an address designated by the secretary of state as a substitute
mailing address for all purposes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 2.

new text begin [5B.02] DEFINITIONS.
new text end

new text begin (a) For purposes of this chapter and unless the context clearly requires otherwise, the
definitions in this section have the meanings given them.
new text end

new text begin (b) "Address" means a residential street address, school address, or work address
of an individual, as specified on the individual's application to be a program participant
under this chapter.
new text end

new text begin (c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible
minor, or a guardian acting on behalf of an incapacitated person, as defined in section
524.5-102.
new text end

new text begin (d) "Domestic violence" means an act as defined in section 518B.01, subdivision
2, paragraph (a), and includes a threat of such acts committed against an individual in a
domestic situation, regardless of whether these acts or threats have been reported to law
enforcement officers.
new text end

new text begin (e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined
in section 524.5-102 for whom there is good reason to believe (i) that the eligible person is
a victim of domestic violence, sexual assault, or stalking, or (ii) that the eligible person
fears for his or her safety or the safety of persons on whose behalf the application is made.
new text end

new text begin (f) "Program participant" means an individual certified as a program participant
under section 5B.03.
new text end

new text begin (g) "Stalking" means acts criminalized under section 609.749 and includes a threat
of such acts committed against an individual, regardless of whether these acts or threats
have been reported to law enforcement officers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 3.

new text begin [5B.03] ADDRESS CONFIDENTIALITY PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The secretary of state shall certify an eligible person as
a program participant when the secretary receives an application that must contain:
new text end

new text begin (1) the name of the eligible person;
new text end

new text begin (2) a statement by the applicant that the applicant has good reason to believe (i) that
the eligible person listed on the application is a victim of domestic violence, sexual assault,
or stalking, (ii) that the eligible person fears for the person's safety or the safety of persons
on whose behalf the application is made, and (iii) that the eligible person is not applying
for certification as a program participant in order to avoid prosecution for a crime;
new text end

new text begin (3) a designation of the secretary of state as agent for purposes of service of process
and for the purpose of receipt of mail;
new text end

new text begin (4) the mailing address where the eligible person can be contacted by the secretary
of state, and the phone number or numbers where the applicant or eligible person can be
called by the secretary of state;
new text end

new text begin (5) the physical address or addresses of the eligible person, disclosure of which will
increase the risk of domestic violence, sexual assault, or stalking;
new text end

new text begin (6) a statement whether the eligible person would like information on becoming an
ongoing absentee ballot recipient pursuant to section 5B.06; and
new text end

new text begin (7) the signature of the applicant, an indicator of the applicant's authority to act on
behalf of the eligible person, if appropriate, the name and signature of any individual or
representative of any person who assisted in the preparation of the application, and the
date on which the application was signed.
new text end

new text begin Subd. 2. new text end

new text begin Filing. new text end

new text begin Applications must be filed with the secretary of state and are
subject to the provisions of section 5.15.
new text end

new text begin Subd. 3. new text end

new text begin Certification. new text end

new text begin Upon filing a completed application, the secretary of state
shall certify the eligible person as a program participant. Program participants shall be
certified for four years following the date of filing unless the certification is cancelled,
withdrawn or invalidated before that date. The secretary of state shall by rule establish a
renewal procedure.
new text end

new text begin Subd. 4. new text end

new text begin Changes in information. new text end

new text begin Program participants or applicants must inform
the secretary of state of any changes in the information submitted on the application.
new text end

new text begin Subd. 5. new text end

new text begin Designated address. new text end

new text begin The secretary of state must designate a mailing
address to which all mail for program participants is to be sent.
new text end

new text begin Subd. 6. new text end

new text begin Attaining age of majority. new text end

new text begin An individual who became a program
participant as a minor assumes responsibility for changes in information and renewal
when the individual reaches age 18.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 4.

new text begin [5B.04] CERTIFICATION CANCELLATION.
new text end

new text begin (a) If the program participant obtains a legal change of identity, the participant
loses certification as a program participant.
new text end

new text begin (b) The secretary of state may cancel a program participant's certification if there is
a change in the mailing address, unless the program participant or the person who signed
as the applicant on behalf of an eligible person provides the secretary of state with at least
two days' prior notice in writing of the change of address.
new text end

new text begin (c) The secretary of state may cancel certification of a program participant if
mail forwarded by the secretary to the program participant's address is returned as
nondeliverable.
new text end

new text begin (d) The secretary of state shall cancel certification of a program participant who
applies using false information.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 5.

new text begin [5B.05] USE OF DESIGNATED ADDRESS.
new text end

new text begin (a) When a program participant presents the address designated by the secretary of
state to any person, that address must be accepted as the address of the program participant.
new text end

new text begin (b) A program participant may use the address designated by the secretary of state as
the program participant's work address.
new text end

new text begin (c) The Office of the Secretary of State shall forward all mail sent to the designated
address to the proper program participants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 6.

new text begin [5B.06] VOTING BY PROGRAM PARTICIPANT; USE OF
DESIGNATED ADDRESS BY COUNTY AUDITOR.
new text end

new text begin A program participant who is otherwise eligible to vote may register with the
secretary of state as an ongoing absentee voter. The secretary of state shall determine the
precinct in which the residential address of the program participant is located and shall
request from and receive from the county auditor or other election official the ballot for
that precinct and shall forward the absentee ballot to the program participant with the other
materials for absentee balloting as required by Minnesota law. The program participant
shall complete the ballot and return it to the secretary of state, who shall review the ballot
in the manner provided by section 203B.24. If the ballot and ballot materials comply with
the requirements of that section, the ballot must be certified by the secretary of state as
the ballot of a program participant, and must be forwarded to the appropriate electoral
jurisdiction for tabulation along with all other ballots. The name and address of a program
participant must not be listed in the statewide voter registration system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 7.

new text begin [5B.07] DATA CLASSIFICATION.
new text end

new text begin All data related to applicants, eligible persons and program participants is private
data as defined by section 13.02, subdivision 12. A consent for release of information
from an applicant,, eligible person, or program participant is not effective.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 8.

new text begin [5B.08] ADOPTION OF RULES.
new text end

new text begin Enactment of this section satisfies the requirements of section 14.388, subdivision
1 for the enactment of rules to facilitate the administration of this chapter by state and
local agencies.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 9.

Minnesota Statutes 2005 Supplement, section 10.60, subdivision 3, is amended
to read:


Subd. 3.

Prohibitions.

(a) A Web site or publication must not include pictures
or other materials that tend to attribute the Web site or publication to an individual or
group of individuals instead of to a public office, state agency, or political subdivision.
A publication must not include the words "with the compliments of" or contain letters
of personal greeting that promote an elected or appointed official of a state agency or
political subdivision.

(b) A Web sitenew text begin, other than a Web site maintained by a public library or the
election-related Web site maintained by the office of the secretary of state or the
Campaign Finance and Public Disclosure Board,
new text end may not contain a link to a Weblog or
site maintained by a candidate, a political committee, a political party or party unit, a
principal campaign committee, or a state committee. Terms used in this paragraph have
the meanings given them in chapter 10A, except that "candidate" also includes a candidate
for an elected office of a political subdivision.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2005 Supplement, section 10.60, subdivision 4, is
amended to read:


Subd. 4.

Permitted material.

(a) Material specified in this subdivision may
be included on a Web site or in a publication, but only if the material complies with
subdivision 2. This subdivision is not a comprehensive list of material that may be
contained on a Web site or in a publication, if the material complies with subdivision 2.

(b) A Web site or publication may include biographical information about an elected
or appointed official, a single official photograph of the official, and photographs of the
official performing functions related to the office. There is no limitation on photographs,
Webcasts, archives of Webcasts, and audio or video files that facilitate access to
information or services or inform the public about the duties and obligations of the office or
that are intended to promote trade or tourism. A state Web site or publication may include
photographs or information involving civic or charitable work done by the governor's
spouse, provided that these activities relate to the functions of the governor's office.

(c) A Web site or publication may include press releases, proposals, policy positions,
and other information directly related to the legal functions, duties, and jurisdiction of
a public official or organization.

new text begin (d) The election-related Web site maintained by the office of the secretary of state
shall provide links to:
new text end

new text begin (1) the campaign Web site of any candidate for legislative, constitutional, judicial,
or federal office who requests or whose campaign committee requests such a link and
provides in writing a valid URL address to the office of the secretary of state; and
new text end

new text begin (2) the Web site of any individual or group advocating for or against or providing
neutral information with respect to any ballot question, where the individual or group
requests such a link and provides in writing a valid Web site address and valid e-mail
address to the office of the secretary of state.
new text end

new text begin These links must be provided on the election-related Web site maintained by the
office of the secretary of state from the opening of filing for the office in question until
the business day following the day on which the State Canvassing Board has declared the
results of the state general election, or November 30 of the year in which the election has
taken place, whichever date is earlier. The link must be activated on the election-related
Web site maintained by the office of the secretary of state within two business days of
receipt of the request from a qualified candidate or committee.
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. 11.

Minnesota Statutes 2005 Supplement, section 10A.01, subdivision 26, is
amended to read:


Subd. 26.

Noncampaign disbursement.

"Noncampaign disbursement" means
a purchase or payment of money or anything of value made, or an advance of credit
incurred, or a donation in kind received, by a principal campaign committee for any of
the following purposes:

(1) payment for accounting and legal services;

(2) return of a contribution to the source;

(3) repayment of a loan made to the principal campaign committee by that
committee;

(4) return of a public subsidy;

(5) payment for food, beverages, entertainment, and facility rental for a fund-raising
event;

(6) services for a constituent by a member of the legislature or a constitutional officer
in the executive branch, including the costs of preparing and distributing a suggestion or
idea solicitation to constituents, performed from the beginning of the term of office to
adjournment sine die of the legislature in the election year for the office held, and half
the cost of services for a constituent by a member of the legislature or a constitutional
officer in the executive branch performed from adjournment sine die to 60 days after
adjournment sine die;

(7) payment for food and beverages consumed by a candidate or volunteers while
they are engaged in campaign activities;

(8) payment for food or a beverage consumed while attending a reception or meeting
directly related to legislative duties;

(9) payment of expenses incurred by elected or appointed leaders of a legislative
caucus in carrying out their leadership responsibilities;

(10) payment by a principal campaign committee of the candidate's expenses for
serving in public office, other than for personal uses;

(11) costs of child care for the candidate's children when campaigning;

(12) fees paid to attend a campaign school;

(13) costs of a postelection party during the election year when a candidate's name
will no longer appear on a ballot or the general election is concluded, whichever occurs
first;

(14) interest on loans paid by a principal campaign committee on outstanding loans;

(15) filing fees;

(16) post-general election thank-you notes or advertisements in the news media;

(17) the cost of campaign material purchased to replace defective campaign material,
if the defective material is destroyed without being used;

(18) contributions to a party unit;

(19) payments for funeral gifts or memorials; deleted text beginand
deleted text end

(20) new text beginthe cost of a magnet less than six inches in diameter containing legislator
contact information and distributed to constituents; and
new text end

new text begin (21) new text endother purchases or payments specified in board rules or advisory opinions as
being for any purpose other than to influence the nomination or election of a candidate
or to promote or defeat a ballot question.

The board must determine whether an activity involves a noncampaign disbursement
within the meaning of this subdivision.

A noncampaign disbursement is considered to be made in the year in which the
candidate made the purchase of goods or services or incurred an obligation to pay for
goods or services.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

new text begin [13.805] ADDRESS CONFIDENTIALITY DATA CODED
ELSEWHERE.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The section referred to in subdivision 2 is codified outside this
chapter. This section classifies address confidentiality program data as other than public.
new text end

new text begin Subd. 2. new text end

new text begin Address confidentiality program. new text end

new text begin Data maintained by the Office of
the Secretary of State regarding the address confidentiality program are governed by
section 5B.07.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2007.
new text end

Sec. 13.

Minnesota Statutes 2004, 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 new text beginregularly scheduled new text endelection, 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 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 14.

Minnesota Statutes 2005 Supplement, section 201.061, subdivision 3, is
amended to read:


Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a registration application, making
an oath in the form prescribed by the secretary of state and providing proof of residence.
An individual may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;

(2) presenting any document approved by the secretary of state as proper
identification;

(3) presenting one of the following:

(i) a current valid student identification card from a postsecondary educational
institution in Minnesota, if a list of students from that institution has been prepared under
section 135A.17 and certified to the county auditor in the manner provided in rules of
the secretary of state; or

(ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee personally knows that the individual is a resident of the precinct. A
voter who has been vouched for on election day may not sign a proof of residence oath
vouching for any other individual on that election day. A voter who is registered to vote in
the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must
be attached to the voter registration application and the information on the oath must be
recorded on the records of both the voter registering on election day and the voter who
is vouching for the person's residence, and entered into the statewide voter registration
system by the county auditor when the voter registration application is entered into that
system.

(b) The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.

(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1
; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5
; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section 245A.02, subdivision 14; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.

(d) For tribal band members, an individual may prove residence for purposes of
registering bynew text begin:
new text end

new text begin (1)new text end presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, address, signature, and picture of the individualnew text begin; or
new text end

new text begin (2) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, signature, and picture of the individual and also presenting one of the
documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B
new text end.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 15.

Minnesota Statutes 2004, section 202A.155, is amended to read:


202A.155 INTERPRETER SERVICES; CAUCUS MATERIALS.

A communicatively impaired individual who needs interpreter services at a precinct
caucus shall so notify the major political party whose caucus the individual plans to
attend. deleted text beginWrittendeleted text end Notice must be given by deleted text begincertifieddeleted text end new text beginletter or electronic new text end mail to the deleted text begincounty
or legislative district committee
deleted text end new text beginstate office new text end of the new text beginmajor new text endpolitical party deleted text beginat least 30 daysdeleted text end
before the precinct caucus date. The major political partydeleted text begin, not later than 14 days before
the precinct caucus date,
deleted text end shall new text beginpromptly attempt to new text endsecure the services of one or more
interpreters if available and shall assume responsibility for the cost of the servicesnew text begin if
provided
new text end. The state central committee of the major political party shall determine the
process for reimbursing interpreters.

A visually impaired individual may notify the county or legislative district
committee of the major political party whose precinct caucus the individual plans to
attend, that the individual requires caucus materials in audio tape, Braille, or large type
format. Upon receiving the request, the county or legislative district committee shall
provide all official written caucus materials as soon as they are available, so that the
visually impaired individual may have them converted to audio tape, Braille, or large
print format prior to the precinct caucus.

Sec. 16.

Minnesota Statutes 2004, section 203B.02, subdivision 1, is amended to read:


Subdivision 1.

Unable to go to polling place.

new text begin(a) new text endAny eligible voter who reasonably
expects to be unable to go to the polling place on election day in the precinct where the
individual maintains residence because of absence from the precinctdeleted text begin,deleted text endnew text begin; new text end illness, new text beginincluding
isolation or quarantine under sections 144.419 to 144.4196 or United States Code, title 42,
sections 264 to 272;
new text enddisabilitydeleted text begin,deleted text endnew text begin;new text end religious disciplinedeleted text begin,deleted text endnew text begin;new text end observance of a religious holidaydeleted text begin,deleted text endnew text begin;new text end or
service as an election judge in another precinct may vote by absentee ballot as provided
in sections 203B.04 to 203B.15.

new text begin (b) If the governor has declared an emergency and filed the declaration with the
secretary of state under section 12.31, and the declaration states that the emergency has
made it difficult for voters to go to the polling place on election day, any voter in a
precinct covered by the declaration may vote by absentee ballot as provided in sections
203B.04 to 203B.15.
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. 17.

Minnesota Statutes 2004, section 203B.06, subdivision 3, is amended to read:


Subd. 3.

Delivery of ballots.

new text begin(a) new text endIf an application for absentee ballots is accepted
at a time when absentee ballots are not yet available for distribution, the county auditor,
or municipal clerk accepting the application shall file it and as soon as absentee ballots
are available for distribution shall mail them to the address specified in the application.
If an application for absentee ballots is accepted when absentee ballots are available for
distribution, the county auditor or municipal clerk accepting the application shall promptly:

deleted text begin (a) deleted text endnew text begin(1) new text endMail the ballots to the voter whose signature appears on the application if
the application is submitted by mailnew text begin and does not request commercial shipping under
clause (2)
new text end;

new text begin (2) ship the ballots to the voter using a commercial shipper requested by the voter at
the voter's expense;
new text end

deleted text begin (b)deleted text endnew text begin (3) new text end Deliver the absentee ballots directly to the voter if the application is
submitted in person; or

deleted text begin (c)deleted text endnew text begin (4) new text end Deliver the absentee ballots in a sealed transmittal envelope to an agent who
has been designated to bring the ballots to a voter who is a patient in a health care facility,
as provided in section 203B.11, subdivision 4new text begin, a participant in a residential program for
adults licensed under section 245A.02, subdivision 14, or a resident of a shelter for
battered women as defined in section 611A.37, subdivision 4
new text end
.

new text begin (b) new text endIf an application does not indicate the election for which absentee ballots are
sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
the next election occurring after receipt of the application. Only one set of ballots may
be mailednew text begin, shipped,new text end or delivered to an applicant for any election, except as provided in
section 203B.13, subdivision 2, or when a replacement ballot has been requested by the
voter for a ballot that has been spoiled or lost in transit.

Sec. 18.

Minnesota Statutes 2004, section 203B.11, subdivision 4, is amended to read:


Subd. 4.

Agent delivery of ballots.

During the four days preceding an election and
until 2:00 p.m. on election day, an eligible voter who is a patient of a health care facilitynew text begin, a
participant in a residential program for adults licensed under section 245A.02, subdivision
14, or a resident of a shelter for battered women as defined in section 611A.37, subdivision
4,
new text end may designate an agent to deliver the ballots to the voter from the county auditor or
municipal clerk. A candidate at the election may not be designated as an agent. The voted
ballots must be returned to the county auditor or municipal clerk no later than 3:00 p.m.
on election day. The voter must complete an affidavit requesting the auditor or clerk to
provide the agent with the ballots in a sealed transmittal envelope. The affidavit must
include a statement from the voter stating that the ballots were delivered to the voter by
the agent in the sealed transmittal envelope. An agent may deliver ballots to no more than
three persons in any election. The secretary of state shall provide samples of the affidavit
and transmission envelope for use by the county auditors.

Sec. 19.

Minnesota Statutes 2004, section 204B.40, is amended to read:


204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
DISPOSITION; INSPECTION OF BALLOTS.

The county auditors, municipal clerks, and school district clerks shall retain all
election materials returned to them after any election for at least 22 months from the date
of that election. All election materials involved in a contested election must be retained for
22 months or until the contest has been finally determined, whichever is later. Abstracts
filed by canvassing boards shall be retained permanently by any officer with whom those
abstracts are filed. Election materials no longer required to be retained pursuant to this
section shall be disposed of in accordance with sections 138.163 to 138.21. Sealed
envelopes containing voted ballots must be retained unopened, except as provided in this
section, in a secure location. The county auditor, municipal clerk, or school district clerk
shall not permit any voted ballots to be tampered with or defaced.

After the time for filing a notice of contest for an election has passed, the secretary
of state maynew text begin, for the purpose of monitoring and evaluating election procedures: (1) new text end open
the sealed ballot envelopes and inspect the ballots for that election maintained by the
county auditors, municipal clerks, or school district clerks deleted text beginfor the purpose of monitoring
and evaluating election procedures.
deleted text endnew text begin; (2) inspect the polling place rosters and completed
voter registration applications; or (3) examine other forms required in the Minnesota
election laws for use in the polling place.
new text end No inspected ballot new text beginor document new text endmay be
marked or identified in any manner. After inspection, all ballots must be returned to the
ballot envelope and the ballot envelope must be securely resealed.new text begin Any other election
materials inspected or examined must be secured or resealed. No polling place roster
may be inspected until the voting history for that precinct has been posted. No voter
registration application may be inspected until the information on it has been entered into
the statewide registration system.
new text end

Sec. 20.

new text begin [204C.035] DECEPTIVE PRACTICES IN ELECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Criminal penalty. new text end

new text begin No person shall knowingly deceive another
person regarding the time, place, or manner of conducting an election or the qualifications
for or restrictions on voter eligibility for an election, with the intent to prevent the
individual from voting in the election. A violation of this section is a gross misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Reporting false election information. new text end

new text begin Any person may report to the
county auditor or municipal clerk an act of deception regarding the time, place, or manner
of conducting an election or the qualifications for or restrictions on voter eligibility for
an election. The election official to whom the report was made shall provide accurate
information to the person who reported the incorrect information in a timely manner,
and may provide information about the act of deception and accurate information to
mass media outlets in any affected area. The county attorney may subsequently proceed
under subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to
offenses committed on or after that date.
new text end

Sec. 21.

Minnesota Statutes 2004, section 204C.07, is amended by adding a
subdivision to read:


new text begin Subd. 5. new text end

new text begin Prohibited challenges. new text end

new text begin Challengers and the political parties that appointed
them must not compile lists of voters to challenge on the basis of mail sent by a political
party that was returned as undeliverable or if receipt by the intended recipient was not
acknowledged in the case of registered mail. This subdivision applies to any local, state,
or national affiliate of a political party that has appointed challengers, as well as any
subcontractors, vendors, or other individuals acting as agents on behalf of a political party.
new text end

new text begin A violation of this subdivision is a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to offenses committed on or after that date.
new text end

Sec. 22.

Minnesota Statutes 2005 Supplement, section 204C.10, is amended to read:


204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

(a) An individual seeking to vote shall sign a polling place roster which states
that the individual is at least 18 years of age, a citizen of the United States, has resided
in Minnesota for 20 days immediately preceding the election, maintains residence at
the address shown, is not under a guardianship in which the court order revokes the
individual's right to vote, has not been found by a court of law to be legally incompetent
to vote or deleted text beginconvicted of a felony without having civil rights restoreddeleted text endnew text begin has the right to vote
because, if the individual was convicted of a felony, the felony sentence has expired or
been completed or the individual has been discharged from the sentence
new text end, is registered
and has not already voted in the election. The roster must also state: "I understand that
deliberately providing false information is a felony punishable by not more than five years
imprisonment and a fine of not more than $10,000, or both."

(b) A judge may, before the applicant signs the roster, confirm the applicant's name,
address, and date of birth.

(c) After the applicant signs the roster, the judge shall give the applicant a voter's
receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
voters' receipts must be maintained during the time for notice of filing an election contest.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 23.

Minnesota Statutes 2004, section 204C.15, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginInterpreters;deleted text end Physical assistance in marking ballots.

A voter who
claims a need for assistance because of inability to read English or physical inability to
mark a ballot may obtain the aid of two election judges who are members of different
major political parties. The election judges shall mark the ballots as directed by the
voter and in as secret a manner as circumstances permit. If the voter is deaf or cannot
speak English or understand it when it is spoken, the election judges may select two
individuals who are members of different major political parties to deleted text beginact as interpretersdeleted text endnew text begin
provide assistance
new text end. The deleted text begininterpretersdeleted text endnew text begin individualsnew text end shall assist the deleted text beginindividualdeleted text endnew text begin voternew text end in marking
the ballots. A voter in need of assistance may alternatively obtain the assistance of any
individual the voter chooses. Only the following persons may not provide assistance to
a voter: the voter's employer, an agent of the voter's employer, an officer or agent of
the voter's union, or a candidate for election. The person who assists the voter shall,
unaccompanied by an election judge, retire with that voter to a booth and mark the ballot
as directed by the voter. No person who assists another voter as provided in the preceding
sentence shall mark the ballots of more than three voters at one election. Before the ballots
are deposited, the voter may show them privately to an election judge to ascertain that they
are marked as the voter directed. An election judge or other individual assisting a voter
shall not in any manner request, persuade, induce, or attempt to persuade or induce the
voter to vote for any particular political party or candidate. The election judges or other
individuals who assist the voter shall not reveal to anyone the name of any candidate for
whom the voter has voted or anything that took place while assisting the voter.

Sec. 24.

Minnesota Statutes 2005 Supplement, section 206.56, subdivision 1b, is
amended to read:


Subd. 1b.

Audio ballot reader.

"Audio ballot reader" means an audio representation
of a ballot that can be used with other assistive voting technology to permit a voter to mark
votes on a nonelectronic ballot deleted text beginor to securely transmit a ballot electronically to automatic
tabulating equipment in the polling place
deleted 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. 25.

Minnesota Statutes 2005 Supplement, section 206.56, subdivision 3, is
amended to read:


Subd. 3.

Ballot.

"Ballot" includes paper ballots, ballot cards, new text beginand new text end the paper ballot
marked by an electronic marking devicedeleted text begin, and an electronic record of each vote cast by
a voter at an election and securely transmitted electronically to automatic tabulating
equipment in the polling place
deleted 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 2005 Supplement, section 206.56, subdivision 7a, is
amended to read:


Subd. 7a.

Electronic ballot display.

"Electronic ballot display" means a graphic
representation of a ballot on a computer monitor or screen on which a voter may make
vote choices for candidates and questions for the purpose of marking a nonelectronic
ballot deleted text beginor securely transmitting an electronic ballot to automatic tabulating equipment
in the polling place
deleted 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. 27.

Minnesota Statutes 2005 Supplement, section 206.56, subdivision 7b, is
amended to read:


Subd. 7b.

Electronic ballot marker.

"Electronic ballot marker" means equipment
that is part of an electronic voting system that uses an electronic ballot display or audio
ballot reader todeleted text begin:
deleted text end

deleted text begin (1)deleted text end mark a nonelectronic ballot with votes selected by a voterdeleted text begin; or
deleted text end

deleted text begin (2) securely transmit a ballot electronically to automatic tabulating equipment in the
polling place
deleted 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. 28.

Minnesota Statutes 2005 Supplement, section 206.56, subdivision 8, is
amended to read:


Subd. 8.

Electronic voting system.

"Electronic voting system" means a system
in which the voter records votes by means of marking deleted text beginor transmittingdeleted text end a ballot, so that
votes may be counted by automatic tabulating equipment in the polling place where the
ballot is cast or at a counting center.

An electronic voting system includes automatic tabulating equipment; nonelectronic
ballot markers; electronic ballot markers, including electronic ballot display, audio ballot
reader, and devices by which the voter will register the voter's voting intent; software used
to program automatic tabulators and layout ballots; computer programs used to accumulate
precinct results; ballots; secrecy folders; system documentation; and system testing results.

new text begin EFFECTIVE DATE. new text end

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

Sec. 29.

Minnesota Statutes 2005 Supplement, section 206.61, subdivision 5, is
amended to read:


Subd. 5.

Alternation.

The provisions of the election laws requiring the alternation
of names of candidates must be observed as far as practicable by changing the order
of the names on an electronic voting system in the various precincts so that each name
appears on the machines or marking devices used in a municipality substantially an equal
number of times in the first, last, and in each intermediate place in the list or group in
which they belong. However, the arrangement of candidates' names must be the same
on all voting systems used in the same precinct. If the number of names to be alternated
exceeds the number of precincts, the election official responsible for providing the ballots,
in accordance with subdivision 1, shall determine by lot the alternation of names.

If an electronic ballot marker is used with a paper ballot that is not an optical scan
ballot card, the manner of alternation of candidate names on the paper ballot must be as
prescribed for optical scan ballots in this subdivision. deleted text beginIf a machine is used to securely
transmit a ballot electronically to automatic tabulating equipment in the polling place,
the manner of alternation of candidate names on the transmitting machine must be as
prescribed for optical scan ballots in this subdivision.
deleted 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. 30.

Minnesota Statutes 2005 Supplement, section 206.80, is amended to read:


206.80 ELECTRONIC VOTING SYSTEMS.

(a) An electronic voting system may not be employed unless it:

(1) permits every voter to vote in secret;

(2) permits every voter to vote for all candidates and questions for whom or upon
which the voter is legally entitled to vote;

(3) provides for write-in voting when authorized;

(4) automatically rejects, except as provided in section 206.84 with respect to
write-in votes, all votes for an office or question when the number of votes cast on it
exceeds the number which the voter is entitled to cast;

(5) permits a voter at a primary election to select secretly the party for which the
voter wishes to vote;

(6) automatically rejects all votes cast in a primary election by a voter when the voter
votes for candidates of more than one party; and

(7) provides every voter an opportunity to verify votes recorded on the permanent
paper ballot deleted text beginor paper recorddeleted text end, either visually or using assistive voting technology, and to
change votes or correct any error before the voter's ballot is cast and counted, produces
an individual, discrete, permanent, paper ballot deleted text beginor paper record of the ballotdeleted text end cast by the
voter, and preserves the paper ballot deleted text beginor paper recorddeleted text end as an official record available for
use in any recount.

(b) An electronic voting system purchased on or after June 4, 2005, may not be
employed unless it:

(1) accepts and tabulates, in the polling place or at a counting center, a marked
optical scan ballot;new text begin or
new text end

(2) creates a marked optical scan ballot that can be tabulated in the polling place or
at a counting center by automatic tabulating equipment certified for use in this statedeleted text begin; or
deleted text end

deleted text begin (3) securely transmits a ballot electronically to automatic tabulating equipment in
the polling place while creating an individual, discrete, permanent paper record of each
vote on the ballot
deleted 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. 31.

Minnesota Statutes 2005 Supplement, section 206.805, subdivision 1, is
amended to read:


Subdivision 1.

Contracts required.

(a) The secretary of state, with the assistance
of the commissioner of administration, shall establish one or more state voting systems
contracts. The contracts should, if practical, include provisions for maintenance of the
equipment purchased. The voting systems contracts must address precinct-based optical
scan voting equipment,new text begin andnew text end ballot marking equipment for persons with disabilities and
other votersdeleted text begin, and assistive voting machines that combine voting methods used for persons
with disabilities with precinct-based optical scan voting machines
deleted text end. The contracts must
give the state a perpetual license to use and modify the software. The contracts must
include provisions to escrow the software source code, as provided in subdivision 2. Bids
for voting systems and related election services must be solicited from each vendor selling
or leasing voting systems that have been certified for use by the secretary of state. The
contracts must be renewed from time to time.

(b) The secretary of state shall appoint an advisory committee, including
representatives of the state chief information officer, county auditors, municipal clerks who
have had operational experience with the use of electronic voting systems, and members
of the disabilities community to advise the secretary of state in reviewing and evaluating
the merits of proposals submitted from voting equipment vendors for the state contracts.

(c) Counties and municipalities may purchase or lease voting systems and obtain
related election services from the state contracts.new text begin All counties and municipalities are
members of the cooperative purchasing venture of the Department of Administration for
the purpose of this section. For the purpose of township elections, counties must aggregate
orders under contracts negotiated under this section for products and services and may
apportion the costs of those products and services proportionally among the townships
receiving the products and services. The county is not liable for the timely or accurate
delivery of those products or services.
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. 32.

Minnesota Statutes 2005 Supplement, section 206.82, subdivision 2, is
amended to read:


Subd. 2.

Plan.

new text begin(a) Subject to paragraph (b), new text endthe municipal clerk in a municipality
where an electronic voting system is used and the county auditor of a county in which an
electronic voting system is used in more than one municipality and the county auditor of
a county in which a counting center serving more than one municipality is located shall
prepare a plan which indicates acquisition of sufficient facilities, computer time, and
professional services and which describes the proposed manner of complying with section
206.80. The plan must be signed, notarized, and submitted to the secretary of state more
than 60 days before the first election at which the municipality uses an electronic voting
system. Prior to July 1 of each subsequent general election year, the clerk or auditor
shall submit to the secretary of state notification of any changes to the plan on file with
the secretary of state. The secretary of state shall review each plan for its sufficiency and
may request technical assistance from the Department of Administration or other agency
which may be operating as the central computer authority. The secretary of state shall
notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
of receipt of the plan. The attorney general, upon request of the secretary of state, may
seek a district court order requiring an election official to fulfill duties imposed by this
subdivision or by rules promulgated pursuant to this section.

new text begin (b) Systems implemented by counties and municipalities in calendar year 2006 are
exempt from paragraph (a) and section 206.58, subdivision 4, if:
new text end

new text begin (1) the municipality has fewer than 10,000 residents; and
new text end

new text begin (2) a valid county plan was filed by the county auditor of the county in which the
municipality is located.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 33.

Minnesota Statutes 2005 Supplement, section 206.83, is amended to read:


206.83 TESTING OF VOTING SYSTEMS.

Within 14 days before election day, the official in charge of elections shall have the
voting system tested to ascertain that the system will correctly mark deleted text beginor securely transmit
to automatic tabulating equipment in the polling place
deleted text end ballots using all methods supported
by the system, including through assistive technology, and count the votes cast for all
candidates and on all questions. Public notice of the time and place of the test must be
given at least two days in advance by publication once in official newspapers. The test
must be observed by at least two election judges, who are not of the same major political
party, and must be open to representatives of the political parties, candidates, the press,
and the public. The test must be conducted by (1) processing a preaudited group of ballots
punched or marked to record a predetermined number of valid votes for each candidate
and on each question, and must include for each office one or more ballot cards which
have votes in excess of the number allowed by law in order to test the ability of the voting
system tabulator and electronic ballot marker to reject those votes; and (2) processing an
additional test deck of ballots marked using the electronic ballot marker for the precinct,
including ballots marked deleted text beginor ballots securely transmitted electronically to automatic
tabulating equipment in the polling place
deleted text end using the electronic ballot display, audio ballot
reader, and any assistive voting technology used with the electronic ballot marker. If any
error is detected, the cause must be ascertained and corrected and an errorless count must
be made before the voting system may be used in the election. After the completion of
the test, the programs used and ballot cards must be sealed, retained, and disposed of as
provided for paper ballots.

new text begin EFFECTIVE DATE. new text end

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

Sec. 34.

new text begin [206.89] POSTELECTION REVIEW OF VOTING SYSTEMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section "post election review
official" means the election administration official who is responsible for the conduct of
elections in a precinct selected for review under this section.
new text end

new text begin Subd. 2. new text end

new text begin Selection for review; notice. new text end

new text begin At the canvass of the state primary, the
county canvassing board in each county must set the date, time, and place for the
postelection review of the state general election to be held under this section.
new text end

new text begin At the canvass of the state general election, the county canvassing boards must select
the precincts to be reviewed. The county canvassing board of a county with fewer than
50,000 registered voters must select at least two precincts for postelection review. The
county canvassing board of a county with between 50,000 and 100,000 registered voters
must select at least three precincts for review. The county canvassing board of a county
with over 100,000 registered voters must select at least four precincts. The precincts must
be selected by lot at a public meeting. At least one precinct selected in each county must
have had more than 150 votes cast at the general election.
new text end

new text begin The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will
be conducted, as soon as the decisions are made. The secretary of state must post this
information on the office Web site.
new text end

new text begin Subd. 3. new text end

new text begin Scope and conduct of review. new text end

new text begin The county canvassing board shall appoint
the post election review official as defined in subdivision 1. The post election review must
be conducted of the votes cast for President or governor; United States Senator; and
United States Representative. The post election review official may conduct postelection
review of the votes cast for additional offices.
new text end

new text begin The postelection review must be conducted in public at the location where the
voted ballots have been securely stored after the state general election or at another
location chosen by the county canvassing board. The post election review official for
each precinct selected must conduct the postelection review and may be assisted by
election judges designated by the post election review official for this purpose. The party
balance requirement of section 204B.19 applies to election judges designated for the
review. The postelection review must consist of a manual count of the ballots used in the
precincts selected and must be performed in the manner provided by section 204C.21.
The postelection review must be conducted in the manner provided for recounts under
section 204C.361 to the extent practicable. The review must be completed no later
than two days before the meeting of the state canvassing board to certify the results of
the state general election.
new text end

new text begin Subd. 4. new text end

new text begin Standard of acceptable performance by voting system. new text end

new text begin A comparison
of the results compiled by the voting system with the postelection review described in this
section must show that the results of the electronic voting system differed by no more than
one-half of one percent from the manual count of the offices reviewed. Valid votes that
have been marked by the voter outside the vote targets or using a manual marking device
that cannot be read by the voting system must not be included in making the determination
whether the voting system has met the standard of acceptable performance for any precinct.
new text end

new text begin Subd. 5. new text end

new text begin Additional review. new text end

new text begin (a) If the postelection review reveals a difference
greater than one-half of one percent, the post election review official must, within two
days, conduct an additional review of at least three precincts in the same jurisdiction where
the discrepancy was discovered. If all precincts in that jurisdiction have been reviewed,
the county auditor must immediately publicly select by lot at least three additional
precincts for review. The post election review official must complete the additional review
within two days after the precincts are selected and report the results immediately to the
county auditor. If the second review also indicates a difference in the vote totals compiled
by the voting system that is greater than one-half of one percent from the result indicated
by the postelection review, the county auditor must conduct a review of the ballots from
all the remaining precincts in the county. This review must be completed no later than
six weeks after the state general election.
new text end

new text begin (b) If the results from the countywide reviews from one or more counties comprising
in the aggregate more than ten percent of the total number of persons voting in the election
clearly indicate that an error in vote counting has occurred, the post election review official
must conduct a manual recount of all the ballots in the district for the affected office. The
recount must be completed and the results reported to the appropriate canvassing board no
later than ten weeks after the state general election.
new text end

new text begin Subd. 6. new text end

new text begin Report of results.
new text end

new text begin Upon completion of the postelection review, the post election review official must
immediately report the results to the county auditor. The county auditor must then
immediately submit the results of the postelection review electronically or in writing to
the secretary of state not later than two days before the State Canvassing Board meets to
canvass the state general election. The secretary of state shall report the results of the
postelection review at the meeting of the State Canvassing Board to canvass the state
general election.
new text end

new text begin Subd. 7. new text end

new text begin Update of vote totals. new text end

new text begin If the postelection review under this section results
in a change in the number of votes counted for any candidate, the revised vote totals must
be incorporated in the official result from those precincts.
new text end

new text begin Subd. 8. new text end

new text begin Effect on voting systems. new text end

new text begin If a voting system is found to have failed
to record votes accurately and in the manner provided by the Minnesota election law,
the voting system must not be used at another election until it has been examined and
recertified by the secretary of state. If the voting system failure is attributable to either its
design or to actions of the vendor, the vendor must forfeit the vendor bond required by
section 206.57 and the performance bond required by section 206.66.
new text end

new text begin Subd. 9. new text end

new text begin Costs of review. new text end

new text begin The costs of the postelection review required by this
section must be allocated as follows:
new text end

new text begin (1) the governing body responsible for each precinct selected for review must pay
the costs incurred for the review conducted under subdivision 2 or 5, paragraph (a);
new text end

new text begin (2) the vendor of the voting system must pay any costs incurred by the secretary
of state to examine and recertify the voting system; and
new text end

new text begin (3) the secretary of state must reimburse local units of government for the costs of
any recount required under subdivision 5, paragraph (b).
new text end

new text begin Subd. 10. new text end

new text begin Time for filing election contest. new text end

new text begin The appropriate canvass is not
completed and the time for notice of a contest of election does not begin to run until all
reviews under this section have been completed.
new text end

Sec. 35.

new text begin [206.895] SECRETARY OF STATE MONITOR.
new text end

new text begin The secretary of state must monitor and evaluate election procedures in precincts
subject to the audit provided for in section 206.89 in at least four precincts in each
congressional district. The precincts must be chosen by lot by the State Canvassing Board
at its meeting to canvass the state general election.
new text end

Sec. 36.

Minnesota Statutes 2005 Supplement, section 206.90, subdivision 8, is
amended to read:


Subd. 8.

Duties of election officials.

The official in charge of elections in each
municipality where an optical scan voting system is used shall have the electronic ballot
marker that examines and marks votes on ballot cards deleted text beginor the machine that securely
transmits a ballot electronically to automatic tabulating equipment in the polling place
deleted text end
and the automatic tabulating equipment that examines and counts votes as ballot cards are
deposited into ballot boxes put in order, set, adjusted, and made ready for voting when
delivered to the election precincts.new text begin Whenever a ballot card created by an electronic ballot
marker certified by the secretary of state is rejected by an optical scan voting system, two
election judges who are members of different major political parties shall transcribe the
votes on the ballot rejected by the optical scan voting system pursuant to the procedures
set forth in section 206.86, subdivision 5.
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. 37.

new text begin [206.91] VOTING MACHINES OPTIONS WORKING GROUP.
new text end

new text begin (a) A working group is hereby established to investigate and recommend to the
legislature requirements for additional options for voting equipment that complies with
the requirements of section 301 of the Help America Vote Act, Public Law 107-252, to
provide private and independent voting for individuals with disabilities.
new text end

new text begin The working group must be cochaired by representatives of the Minnesota Disability
Law Center and Citizens for Election Integrity - Minnesota.
new text end

new text begin (b) The working group must convene its first meeting by June 30, 2006, and must
report to the legislature by February 15, 2007.
new text end

new text begin (c) The working group must include, but is not limited to:
new text end

new text begin (1) the disability community;
new text end

new text begin (2) the secretary of state;
new text end

new text begin (3) county and local election officials;
new text end

new text begin (4) major and minor political parties;
new text end

new text begin (5)(i) one member of the senate majority caucus and one member of the senate
minority caucus appointed by the Subcommittee on Committees of the Committee on
Rules and Administration; and
new text end

new text begin (ii) one member of the house majority caucus and one member of the house minority
caucus appointed by the speaker;
new text end

new text begin (6) nonpartisan organizations;
new text end

new text begin (7) at least one individual with computer security expertise and knowledge of
elections; and
new text end

new text begin (8) members of the public, other than vendors of election equipment, selected
by consensus of the other members, including representatives of language and other
minorities.
new text end

new text begin (d) Members of the working group will be selected by:
new text end

new text begin (1) a representative of the Office of the Secretary of State;
new text end

new text begin (2) a representative of the county election officials;
new text end

new text begin (3) the cochairs; and
new text end

new text begin (4) two legislators representing each party.
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. 38.

Minnesota Statutes 2004, section 211A.02, subdivision 2, is amended to read:


Subd. 2.

Information required.

The report to be filed by a candidate or committee
must include:

(1) the name of the candidate or ballot question;

(2) the name and address of the person responsible for filing the report;

(3) the total amount of receipts and expenditures for the period from the last previous
report to five days before the current report is due;

(4) the new text beginamount, date, and new text endpurpose for each expenditure; and

(5) the namenew text begin, address, and employer, or occupation if self-employed, new text end of any
individual or committee that during the year has made one or more contributions that in
the aggregate are equal to or greater than deleted text begin$500deleted text endnew text begin $100, and the amount and date of each
contribution
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 39. new text beginELECTIONS RULES.
new text end

new text begin (a) The rules adopted by the Office of the Secretary of State on August 9, 2004,
pursuant to the authority granted in Laws 2004, chapter 293, article 1, section 39, are made
permanent as if they had been adopted pursuant to Minnesota Statutes, sections 14.05 to
14.28, with only the following express exceptions:
new text end

new text begin (b) The secretary of state shall amend the rules pursuant to the good cause provision
in section 14.88, subdivision 1, clause (3), as follows:
new text end

new text begin (1) The secretary of state shall amend Minnesota Rules, parts 8200.1100, 8200.1200,
subparts 1a and 1b, 8200.1700, 8200.3700, and 8200.9310, subpart 4 so that effective
August 10, 2006, these rules are identical to the language contained in them on August
8, 2004.
new text end

new text begin (2) The secretary of state shall amend Minnesota Rules, part 8200.5100, subpart
1, effective August 10, 2006, to add a new clause (4) to paragraph A that adds a tribal
identification card as provided by Minnesota Statutes, section 201.061, subdivision 3,
paragraph (d), clause (1).
new text end

new text begin (3) The secretary of state shall amend Minnesota Rules, part 8200.5100, subpart
2, effective August 10, 2006, to:
new text end

new text begin (i) add a new clause (5) to paragraph A that adds a tribal identification card as
provided by Minnesota Statutes, section 201.061, subdivision 3, paragraph (d), clause
(2); and
new text end

new text begin (ii) add cellular telephone to the list in paragraph B.
new text end

new text begin (4) The secretary of state shall amend Minnesota Rules, part 8200.9115, subpart 1,
effective August 10, 2006, so that the certification at the top of each page of the polling
place roster includes the statement that the individual is not under a guardianship of
the person in which the court order revokes the individual's right to vote; and that the
individual has the right to vote because, if convicted of a felony, the individual's felony
sentence has expired (been completed) or the individual has been discharged from the
individual's sentence.
new text end

new text begin (5) The secretary of state shall amend Minnesota Rules, part 8210.0100, subpart
2, effective August 10, 2006, so that the form of the affidavit of eligibility includes
certification by the individual that the individual is not under a guardianship of the person
in which the court order revokes the individual's right to vote, and that the individual has
the right to vote because, if convicted of a felony, the individual's felony sentence has
expired (been completed) or the individual has been discharged from the individual's
sentence.
new text end

new text begin (6) The secretary of state shall amend Minnesota Rules, part 8210.0500, subpart
2, effective August 10, 2006, to:
new text end

new text begin (i) add a tribal identification card as provided in Minnesota Statutes, section 201.061,
subdivision 3, paragraph (d), clause (1) to the list in Step 3, item a;
new text end

new text begin (ii) add cellular telephone to the list in Step 3, item b, subitem (i);
new text end

new text begin (iii) add a tribal identification card as provided in Minnesota Statutes, section
201.061, subdivision 3, paragraph (d), clause (2), to the list in Step 3, item b, subitem (ii);
new text end

new text begin (iv) repeal Step 3, item f; and
new text end

new text begin (v) add a new Step to be numbered Step 10 and placed between the current Step
9 and Step 10 that directs the voter, if the voter has been provided with an additional
envelope to conceal the signature, identification, and other information, to place the white
ballot return envelope into the additional envelope; and directs the voter, if the voter has
been provided a white ballot envelope with an additional flap that when sealed, conceals
the signature, identification, and other information, to make sure that the flap is properly in
place to conceal that information.
new text end

new text begin (7) The secretary of state shall amend Minnesota Rules, part 8200.5100, subpart 2,
item B, to add cellular telephone to the list in that item.
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. 40. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 204C.50, subdivisions 3, 4, 5, and 6, new text end new text begin and
new text end new text begin Minnesota Statutes 2005 Supplement, section 204C.50, subdivisions 1 and 2, new text end new text begin are repealed.
new text end