1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to cooperatives; authorizing electronic 1.3 voting; amending Minnesota Statutes 2000, sections 1.4 308A.311, subdivisions 4, 5; 308A.635, subdivisions 4, 1.5 6. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2000, section 308A.311, 1.8 subdivision 4, is amended to read: 1.9 Subd. 4. [VOTE BY MAIL OR ELECTRONIC MEANS.] (a) A member 1.10 may not vote by mail or electronic means for a director unless 1.11 mail or electronic voting is authorized for election of 1.12 directors by the articles or bylaws. 1.13 (b) The ballot shall be in a form prescribed by the board. 1.14 (c) If the vote is by mail, the member shall mark the 1.15 ballot for the candidate chosen and mail the ballot to the 1.16 cooperative in a sealed plain envelope inside another envelope 1.17 bearing the member's name. 1.18 (d) The member may vote by electronic means if the 1.19 cooperative is able to authenticate that it is the cooperative 1.20 member who is casting the vote. 1.21 (e) If the ballot of the member is received by the 1.22 cooperative on or before the date of the regular members' 1.23 meeting, the ballot shall be accepted and counted as the vote of 1.24 the absent member. 1.25 Sec. 2. Minnesota Statutes 2000, section 308A.311, 2.1 subdivision 5, is amended to read: 2.2 Subd. 5. [VOTE BY MAIL OR ELECTRONIC MEANS FOR TELEPHONE 2.3 COOPERATIVE.] If voting by mail or by electronic means is 2.4 authorized by the articles or the bylaws of a telephone 2.5 cooperative, a member may vote by mail or by electronic means 2.6 for the director in the manner prescribed in the articles or 2.7 bylaws. The mail voting shall be by secret ballot. 2.8 Sec. 3. Minnesota Statutes 2000, section 308A.635, 2.9 subdivision 4, is amended to read: 2.10 Subd. 4. [VOTING METHOD.] A member's vote at a members' 2.11 meeting must be in person or by mail if a mail vote is 2.12 authorized by the board, or by electronic means if an electronic 2.13 vote is authorized by the board, and not by proxy except as 2.14 provided in subdivisions 2 and 5. 2.15 Sec. 4. Minnesota Statutes 2000, section 308A.635, 2.16 subdivision 6, is amended to read: 2.17 Subd. 6. [ABSENTEE BALLOTS.] (a) A member who is absent 2.18 from a members' meeting may vote by mail or by electronic means 2.19 on the ballot prescribed in this subdivision on any motion, 2.20 resolution, or amendment that the board submits for vote by mail 2.21 to the members. 2.22 (b) The ballot shall be in the form prescribed by the board 2.23 and contain: 2.24 (1) the exact text of the proposed motion, resolution, or 2.25 amendment to be acted on at the meeting; and 2.26 (2) spaces opposite the text of the motion, resolution, or 2.27 amendment in which the member may indicate an affirmative or 2.28 negative vote. 2.29 (c) If the vote is by mail, the member shall express a 2.30 choice by marking an "X" in the appropriate space on the ballot 2.31 and mail or deliver the ballot to the cooperative in a plain, 2.32 sealed envelope inside another envelope bearing the member's 2.33 name. 2.34 (d) The member may vote by electronic means if the 2.35 cooperative is able to authenticate that it is the cooperative 2.36 member who is casting the vote. 3.1 (e) A properly executed ballot shall be accepted by the 3.2 board and counted as the vote of the absent member at the 3.3 meeting.