SF 3021

as introduced - 90th Legislature (2017 - 2018) Posted on 04/05/2018 03:54pm

A bill for an act
relating to elections; making technical changes to provisions related to elections
administration; amending Minnesota Statutes 2016, sections 203B.081, subdivisions
1, 2; 203B.121, subdivision 4; 204B.46; 204C.21, subdivision 1; 204C.36,
subdivision 1; 204D.27, subdivision 5; 206.90, subdivision 6; 207A.14, subdivision
2; 367.25, subdivision 1; Minnesota Statutes 2017 Supplement, sections 201.121,
subdivision 3; 204B.09, subdivision 3; 204B.16, subdivision 1.

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

Section 1.

Minnesota Statutes 2017 Supplement, section 201.121, subdivision 3, is amended
to read:

Subd. 3.

Postelection sampling.

(a) Within ten days after an election, the county auditor
shall send the notice required by subdivision 2 to a random sampling of the individuals
registered on election day. The random sampling shall be determined in accordance with
the rules of the secretary of state. As soon as practicable after the election, the county auditor
shall mail the notice required by subdivision 2 to all other individuals registered on election
day. If a notice is returned as not deliverable, the county auditor shall attempt to determine
the reason for the return. A county auditor who does not receive or obtain satisfactory proof
of an individual's eligibility to vote shall immediately notify the county attorney of all of
the relevant information. deleted text begin The deleted text end new text begin By February 15 of each odd-numbered year, the new text end county auditor
must notify the secretary of state of the following information new text begin for the previous state general
election new text end by each precinct:

(1) the total number of all notices that were returned as nondeliverable;

(2) the total number of nondeliverable notices that the county auditor was able to
determine the reason for the return along with the reason for each return; and

(3) the total number of individuals for whom the county auditor does not receive or
obtain satisfactory proof of an individual's eligibility to vote.

(b) By March 1 of every odd-numbered year, the secretary of state shall report to the
chair and ranking minority members of the legislative committees with jurisdiction over
elections the following information new text begin for the previous state general election new text end by each precinct
and each county:

(1) the total number of all notices that were returned as nondeliverable;

(2) the total number of nondeliverable notices that a county auditor was able to determine
the reason for the return along with the reason for each return; and

(3) the total number of individuals for whom the county auditor does not receive or
obtain satisfactory proof of an individual's eligibility to vote.

Sec. 2.

Minnesota Statutes 2016, section 203B.081, subdivision 1, is amended to read:

Subdivision 1.

Location; timing.

An eligible voter may vote by absentee ballot in the
office of the county auditor and at any other polling place designated by the county auditor
during the 46 days before the election, except as provided in this section. new text begin The county auditor
shall make such polling place designations at least 14 weeks before the election. Voters
casting absentee ballots in person for a town election held in March may do so during the
30 days before the election.
new text end

Sec. 3.

Minnesota Statutes 2016, section 203B.081, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Town elections deleted text end new text begin Voting booth; electronic ballot marker new text end .

deleted text begin Voters casting
absentee ballots in person for a town election held in March may do so during the 30 days
before the election. The county auditor shall make such designations at least 14 weeks before
the election. deleted text end new text begin For purposes of this section, the county auditor must make available in each
polling place (1) new text end at least one voting booth deleted text begin in each polling place must be made available by
the county auditor for this purpose. The county auditor must also make available deleted text end new text begin , and (2) new text end
at least one electronic ballot marker deleted text begin in each polling place that has implemented a voting
system that is accessible deleted text end for individuals with disabilities pursuant to section 206.57,
subdivision 5.

Sec. 4.

Minnesota Statutes 2016, section 203B.121, subdivision 4, is amended to read:

Subd. 4.

Opening of envelopes.

After the close of business on the seventh day before
the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated
as needed in the manner provided in section 206.86, subdivision 5, initialed by the members
of the ballot board, and deposited in the appropriate ballot box. If more than one new text begin voted new text end ballot
is enclosed in the ballot envelope, the ballots must be returned in the manner provided by
section 204C.25 for return of spoiled ballots, and may not be counted.

Sec. 5.

Minnesota Statutes 2017 Supplement, section 204B.09, subdivision 3, is amended
to read:

Subd. 3.

Write-in candidates.

(a) A candidate for county, state, or federal office who
wants write-in votes for the candidate to be counted must file a written request with the
filing office for the office sought not more than 84 days before the primary and no later
than the seventh day before the general election. The filing officer shall provide copies of
the form to make the request. deleted text begin No deleted text end new text begin The filing officer shall not accept a new text end written request deleted text begin shall
be accepted deleted text end later than 5:00 p.m. on the last day for filing a written request.

new text begin (b) The governing body of a statutory or home rule charter city may require by resolution
that a candidate for local elective office file a written request with the chief election official
at least seven days before the city election if the candidate wishes to have the candidate's
write-in votes individually recorded; or a governing body of a statutory or home rule charter
city may require by resolution that write-in votes for an individual candidate only be
individually recorded if the total number of write-in votes for that candidate is equal to or
greater than the fewest number of non-write-in votes for a ballot candidate. The governing
body of the statutory or home rule charter city must adopt a resolution authorized by this
paragraph before the first day of filing for office. A resolution adopted under this paragraph
remains in effect until a subsequent resolution on the same subject is adopted by the
governing body of the statutory or home rule charter city.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end A candidate for president of the United States who files a request under this
subdivision must include the name of a candidate for vice president of the United States.
The request must also include the name of at least one candidate for presidential elector.
The total number of names of candidates for presidential elector on the request may not
exceed the total number of electoral votes to be cast by Minnesota in the presidential election.

deleted text begin (c) deleted text end new text begin (d) new text end A candidate for governor who files a request under this subdivision must include
the name of a candidate for lieutenant governor.

Sec. 6.

Minnesota Statutes 2017 Supplement, section 204B.16, subdivision 1, is amended
to read:

Subdivision 1.

Authority; location.

new text begin (a) new text end By December 31 of each year, the governing
body of each municipality and of each county with precincts in unorganized territory must
designate by ordinance or resolution deleted text begin a polling place for each election precinct. The polling
places designated in the ordinance or resolution are the polling places for the following
calendar year, unless a change is made: deleted text end new text begin any changes to a polling place location. A polling
place must be maintained for the following calendar year unless changed:
new text end

new text begin (1) by ordinance or resolution by December 31 of the previous year;
new text end

deleted text begin (1) deleted text end new text begin (2) new text end pursuant to section 204B.175;

deleted text begin (2) deleted text end new text begin (3) new text end because a polling place has become unavailable; or

deleted text begin (3) deleted text end new text begin (4) new text end because a township designates one location for all state new text begin , county, new text end and federal
elections and one location for all township only elections.

new text begin (b) new text end Polling places must be designated and ballots must be distributed so that no one is
required to go to more than one polling place to vote in a school district and municipal
election held on the same day. The polling place for a precinct in a city or in a school district
located in whole or in part in the metropolitan area defined by section 200.02, subdivision
24, shall be located within the boundaries of the precinct or within one mile of one of those
boundaries unless a single polling place is designated for a city pursuant to section 204B.14,
subdivision 2, or a school district pursuant to section 205A.11. The polling place for a
precinct in unorganized territory may be located outside the precinct at a place which is
convenient to the voters of the precinct. If no suitable place is available within a town or
within a school district located outside the metropolitan area defined by section 200.02,
subdivision 24, then the polling place for a town or school district may be located outside
the town or school district within five miles of one of the boundaries of the town or school
district.

Sec. 7.

Minnesota Statutes 2016, section 204B.46, is amended to read:

204B.46 MAIL ELECTIONS; QUESTIONS.

A county, municipality, or school district submitting questions to the voters at a special
election may conduct an election by mail with no polling place other than the office of the
auditor or clerk. No offices may be voted on at a mail election deleted text begin . deleted text end new text begin , except in overlapping school
and municipality jurisdictions, where a mail election may include an office when one of the
jurisdictions also has a question on the ballot. new text end Notice of the election must be given to the
county auditor at least 74 days prior to the election. This notice shall also fulfill the
requirements of Minnesota Rules, part 8210.3000. The special mail ballot procedures must
be posted at least six weeks prior to the election. Not more than 46 nor later than 14 days
prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all
voters registered in the county, municipality, or school district. No later than 14 days before
the election, the auditor or clerk must make a subsequent mailing of ballots to those voters
who register to vote after the initial mailing but before the 20th day before the election.
Eligible voters not registered at the time the ballots are mailed may apply for ballots pursuant
to chapter 203B. The auditor or clerk must appoint a ballot board to examine the mail and
absentee ballot return envelopes and mark them "Accepted" or "Rejected" within three days
of receipt if there are 14 or fewer days before election day, or within five days of receipt if
there are more than 14 days before election day. The board may consist of deputy county
auditors, deputy municipal clerks, or deputy school district clerks who have received training
in the processing and counting of mail ballots, who need not be affiliated with a major
political party. Election judges performing the duties in this section must be of different
major political parties, unless they are exempt from that requirement under section 205.075,
subdivision 4, or section 205A.10. If an envelope has been rejected at least five days before
the election, the ballots in the envelope must remain sealed and the auditor or clerk must
provide the voter with a replacement ballot and return envelope in place of the spoiled ballot.
If the ballot is rejected within five days of the election, the envelope must remain sealed
and the official in charge of the ballot board must attempt to contact the voter by telephone
or e-mail to notify the voter that the voter's ballot has been rejected. The official must
document the attempts made to contact the voter.

If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
indicate that the voter has already cast a ballot in that election. After the close of business
on the seventh day before the election, the ballots from return envelopes marked "Accepted"
may be opened, duplicated as needed in the manner provided by section 206.86, subdivision
5, initialed by the ballot board, and deposited in the appropriate ballot box.

In all other respects, the provisions of the Minnesota Election Law governing deposit
and counting of ballots apply.

The mail and absentee ballots for a precinct must be counted together and reported as
one vote total. No vote totals from ballots may be made public before the close of voting
on election day.

Sec. 8.

Minnesota Statutes 2016, section 204C.21, subdivision 1, is amended to read:

Subdivision 1.

Method.

The election judges shall take all the ballots of the same kind
and count the votes cast for each office or question, beginning with the first office or question
on the ballot. They shall make one pile of the ballots for each candidate who received votes
for that office, or one pile for the "Yes" votes and one pile for the "No" votes on a question.
They shall make a pile of totally defective ballots and a pile of totally blank ballots. They
shall make a pile of ballots that are not totally defective but are defective with respect to
the office or question being counted and a pile of ballots that are not totally blank but are
blank with respect to the office or question being counted. After the separation into piles,
the election judges shall examine each pile and remove and place in the proper pile any
ballots that are found in the wrong pile. The election judges shall count the totally blank
and totally defective ballots and set them aside until the counting is over for that ballot. new text begin In
conducting the count of blank ballots, election judges may presume that the total count
provided for prepackaged ballots is correct. new text end The election judges may pile ballots crosswise
in groups of 25 in the same pile to facilitate counting. When their counts agree, the election
judges shall announce the number of ballots in each pile, and shall write the number in the
proper place on the summary statements.

The election judges shall then return all the counted ballots, and all the partially defective
or partially blank ballots, to the original pile to be separated and counted in the same manner
for the next office or question.

Sec. 9.

Minnesota Statutes 2016, section 204C.36, subdivision 1, is amended to read:

Subdivision 1.

Publicly funded recounts.

(a) Except as provided in paragraphs (b) and
(c), a losing candidate for nomination or election to a county, municipal, or school district
office may request a recount of the votes cast for the nomination or election to that office
if the difference between the vote cast for that candidate and for a winning candidate for
nomination or election is less than one-quarter of one percent of the total votes counted for
that office. In case of offices where two or more seats are being filled from among all the
candidates for the office, the one-quarter of one percent difference is between the elected
candidate with the fewest votes and the candidate with the most votes from among the
candidates who were not elected.

(b) A losing candidate for nomination or election to a county, municipal, or school
district office may request a recount of the votes cast for nomination or election to that
office if the difference between the votes cast for that candidate and for a winning candidate
for nomination or election is less than one-half of one percent, and the total number of votes
cast for the nomination or election of all candidates is more than 400 but less than 50,000.
In cases of offices where two or more seats are being filled from among all the candidates
for the office, the one-half of one percent difference is between the elected candidate with
the fewest votes and the candidate with the most votes from among the candidates who
were not elected.

(c) A losing candidate for nomination or election to a county, municipal, or school district
office may request a recount of the votes cast for nomination or election to that office if the
difference between the vote cast for that candidate and for a winning candidate for nomination
or election is ten votes or less, and the total number of votes cast for the nomination or
election of all candidates is no more than 400. In cases of offices where two or more seats
are being filled from among all the candidates for the office, the ten vote difference is
between the elected candidate with the fewest votes and the candidate with the most votes
from among the candidates who were not elected.

(d) Candidates for county offices shall file a written request for the recount with the
county auditor. Candidates for municipal or school district offices shall file a written request
with the municipal or school district clerk as appropriate. All requests new text begin under this paragraph
new text end shall be filed deleted text begin by deleted text end new text begin between the close of the canvass of a primary or special primary and new text end 5:00
p.m. on the fifth day after the canvass of a primary or special primary or deleted text begin by deleted text end new text begin between the
close of the canvass of a special or general election and new text end 5:00 p.m. on the seventh day of the
canvass of a special or general election for which a recount is sought.

(e) Upon receipt of a request made pursuant to this section, the county auditor shall
recount the votes for a county office at the expense of the county, the governing body of
the municipality shall recount the votes for a municipal office at the expense of the
municipality, and the school board of the school district shall recount the votes for a school
district office at the expense of the school district.

Sec. 10.

Minnesota Statutes 2016, section 204D.27, subdivision 5, is amended to read:

Subd. 5.

Canvass; special primary; state canvassing board new text begin ; contest new text end .

Not later than
four days after the returns of the county canvassing boards are certified to the secretary of
state, the State Canvassing Board shall complete its canvass of the special primary. The
secretary of state shall then promptly certify to the county auditors the names of the
nominated individuals, prepare notices of nomination, and notify each nominee of the
nomination. new text begin In case of a contest of a special primary for state senator or state representative,
the notice of contest shall be filed within two days, excluding Sundays and legal holidays,
after the canvass is completed, and the contest shall otherwise proceed in the manner provided
by law for contesting elections.
new text end

Sec. 11.

Minnesota Statutes 2016, section 206.90, subdivision 6, is amended to read:

Subd. 6.

Ballots.

In precincts using optical scan voting systems, a single ballot card on
which all ballot information is included must be printed in black ink on white colored
material except that marks not to be read by the automatic tabulating equipment may be
printed in another color ink. In state elections, a single ballot title must be used, as provided
in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. deleted text begin In odd-numbered years
deleted text end When both municipal and school district offices or questions appear on the ballot, the single
ballot title "City (or Town) and School District Ballot" must be used.

On the front of the ballot must be printed the words "Official Ballot" and the date of the
election and lines for the initials of at least two election judges.

When optical scan ballots are used, the offices to be elected must appear in the following
order: federal offices; state legislative offices; constitutional offices; proposed constitutional
amendments; county offices and questions; municipal offices and questions; school district
offices and questions; special district offices and questions; and judicial offices.

On optical scan ballots, the names of candidates and the words "yes" and "no" for ballot
questions must be printed as close to their corresponding vote targets as possible.

The line on an optical scan ballot for write-in votes must contain the words "write-in,
if any."

If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the instructions
to voters must include a statement that reads substantially as follows: "This ballot card
contains a partisan ballot and a nonpartisan ballot. On the partisan ballot you are permitted
to vote for candidates of one political party only." If a primary ballot contains political party
columns on both sides of the ballot, the instructions to voters must include a statement that
reads substantially as follows: "Additional political parties are printed on the other side of
this ballot. Vote for one political party only." At the bottom of each political party column
on the primary ballot, the ballot must contain a statement that reads substantially as follows:
"Continue voting on the nonpartisan ballot." The instructions in section 204D.08, subdivision
4, do not apply to optical scan partisan primary ballots. Electronic ballot displays and audio
ballot readers must follow the order of offices and questions on the optical scan or paper
ballot used in the same precinct, or the sample ballot posted for that precinct.

Sec. 12.

Minnesota Statutes 2016, section 207A.14, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Sample deleted text end new text begin Example new text end ballots.

No later than 70 days before the presidential
nomination primary, the secretary of state must supply each county auditor with deleted text begin sample deleted text end new text begin
example new text end ballots to be used at the presidential nomination primary. The deleted text begin sample deleted text end new text begin example new text end
ballots must illustrate the format required for the ballots used in the presidential nomination
primary.

Sec. 13.

Minnesota Statutes 2016, section 367.25, subdivision 1, is amended to read:

Subdivision 1.

Requirement, fee.

Every person elected at a March election new text begin , elected at
a special election, new text end or appointed to a town office, within ten days after receiving a certificate
or notice of election or appointment, shall take and subscribe the oath required by law.
Persons elected at a November election shall take their oath before assuming office. If taken
before the town clerk, the oath shall be administered and certified without fee.