SF 4130

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/22/2022 08:21am

A bill for an act
relating to elections; making technical and policy changes to provisions related to
elections administration; amending Minnesota Statutes 2020, sections 5B.06;
201.061, subdivision 3; 201.071, subdivisions 1, 3, 8; 201.12, subdivision 2; 201.13,
subdivision 3; 201.1611, subdivision 1; 202A.16, subdivision 1; 203B.01, by
adding a subdivision; 203B.02, by adding a subdivision; 203B.081, subdivisions
1, 2; 203B.11, subdivision 1; 203B.16, subdivision 2; 204B.06, subdivision 4a;
204B.09, subdivision 1; 204B.13, by adding a subdivision; 204B.19, subdivision
6; 204B.21, subdivision 2; 204B.45, subdivisions 1, 2; 204B.46; 204C.15,
subdivision 1; 204C.33, subdivision 3; 204D.19, subdivision 2; 204D.22,
subdivision 3; 204D.23, subdivision 2; 205.13, subdivision 5; 205A.10, subdivision
5; 205A.12, subdivision 5; 207A.12; 209.021, subdivision 2; 211B.11, subdivision
1; 367.03, subdivision 6; 447.32, subdivision 4; Minnesota Statutes 2021
Supplement, sections 201.225, subdivision 2; 204B.16, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 5B.06, is amended to read:

5B.06 VOTING BY PROGRAM PARTICIPANT; ABSENTEE BALLOT.

A program participant who is otherwise eligible to vote may register with the secretary
of state as a permanent absentee voter. Notwithstanding section 203B.04, subdivision 5,
the secretary of state is not required to send an absentee ballot application prior to each
election to a program participant registered as a permanent absentee voter under this section.
As soon as practicable before each election, the secretary of state shall determine the precinct
in which the residential address of deleted text begin the deleted text end new text begin a new text end program participant is located deleted text begin and deleted text end new text begin . Upon making
a precinct determination, the secretary of state new text end shall new text begin either (1) new text end request from and receive from
the county auditor or other election official the ballot for that precinct and deleted text begin shall forward deleted text end new text begin
mail new text end the absentee ballot to the program participant deleted text begin with the other deleted text end new text begin , or (2) using the Minnesota
statewide voter registration system, prepare the program participant's ballot for that precinct
and mail the absentee ballot to the program participant. The secretary of state shall include
with each mailed absentee ballot all corresponding new text end 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.121, subdivision 2. 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.

Sec. 2.

Minnesota Statutes 2020, 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 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 eight 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 individual: (i) is
registered to vote in the precinct or is an employee of a residential facility in the precinct,
(ii) personally knows that the voter is a resident of the precinct, and (iii) 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.

(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; deleted text begin a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4 deleted text end new text begin an assisted living facility licensed
by the commissioner of health under chapter 144G new text end ; 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; setting authorized
to provide housing support as defined in section 256I.03, subdivision 3; a shelter for battered
women as defined in section 611A.37, subdivision 4; deleted text begin or deleted text end a supervised publicly or privately
operated shelter or dwelling designed to provide temporary living accommodations for the
homeless new text begin ; a facility where a provider operates a residential treatment program as defined
in section 245.462, subdivision 23; or a facility where a provider operates an adult foster
care program as defined in section 245A.02, subdivision 6c new text end .

(d) For tribal band members, an individual may prove residence for purposes of
registering by:

(1) 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 individual; or

(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.

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

Sec. 3.

Minnesota Statutes 2020, section 201.071, subdivision 1, is amended to read:

Subdivision 1.

Form.

Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's e-mail address, if provided by the voter. The
electronic voter registration application must include the voter's e-mail address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have deleted text begin resided deleted text end new text begin maintained residence new text end in Minnesota for 20 days immediately
preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) have the right to vote because, if I have been convicted of a felony, my felony sentence
has expired (been completed) or I have been discharged from my sentence; and

(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."

The certification must include boxes for the voter to respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

Sec. 4.

Minnesota Statutes 2020, section 201.071, subdivision 3, is amended to read:

Subd. 3.

Deficient registration.

deleted text begin No deleted text end new text begin (a) A new text end voter registration application is new text begin not new text end deficient
if it contains the voter's new text begin :
new text end

new text begin (1) new text end name, address, new text begin and new text end date of birth deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end current and valid Minnesota driver's license number deleted text begin or deleted text end new text begin , new text end Minnesota state identification
number, or deleted text begin if the voter has no current and valid Minnesota driver's license or Minnesota
state identification number, deleted text end the last four digits of the voter's Social Security number deleted text begin , if the
voter has been issued a Social Security number, deleted text end new text begin ;
new text end

new text begin (3) new text end prior registration, if any deleted text begin , deleted text end new text begin ; new text end and

new text begin (4) new text end signature.

new text begin (b) A voter registration application is not deficient due to any of the following:
new text end

new text begin (1) new text end the absence of a zip code number deleted text begin does not cause the registration to be deficient. deleted text end new text begin ;
new text end

new text begin (2) new text end failure to check a box on an application form that a voter has certified to be true deleted text begin does
not cause the registration to be deficient. deleted text end new text begin ; or
new text end

new text begin (3) the absence of a number listed under paragraph (a), clause (2), if the voter has not
been issued one of those numbers and the information can be verified in another government
database associated with the applicant's name and date of birth, or the application was
accepted before January 1, 2004.
new text end

deleted text begin The election judges shall request an individual to correct a voter registration application
if it is deficient or illegible. No eligible voter may be prevented from voting unless the
voter's registration application is deficient or the voter is duly and successfully challenged
in accordance with section 201.195 or 204C.12.
deleted text end

new text begin (c) new text end A voter registration application new text begin :
new text end

new text begin (1) new text end accepted prior to August 1, 1983, is not deficient for lack of date of birth. The county
or municipality may attempt to obtain the date of birth for a voter registration application
accepted prior to August 1, 1983, by a request to the voter at any time except at the polling
place. Failure by the voter to comply with this request does not make the registration
deficient deleted text begin . deleted text end new text begin ; and
new text end

deleted text begin A voter registration application accepted before January 1, 2004, is not deficient for lack
of a valid Minnesota driver's license or state identification number or the last four digits of
a Social Security number.
deleted text end

deleted text begin A voter registration application submitted by a voter who does not have a Minnesota
driver's license or state identification number, or a Social Security number, is not deficient
for lack of any of these numbers.
deleted text end

deleted text begin A voter registration application deleted text end new text begin (2) new text end submitted electronically through the website of the
secretary of state prior to April 30, 2014, is not invalid as a result of its electronic submission.

new text begin (d) An election judge must request an individual to correct a voter registration application
if it is deficient or illegible. An eligible voter must not be prevented from voting unless the
voter's registration application is deficient or the voter's eligibility to vote is successfully
challenged under section 201.195 or 204C.12.
new text end

Sec. 5.

Minnesota Statutes 2020, section 201.071, subdivision 8, is amended to read:

Subd. 8.

School district assistance.

School districts shall assist county auditors in
determining the school district in which a voter deleted text begin resides deleted text end new text begin maintains residence new text end .

Sec. 6.

Minnesota Statutes 2020, section 201.12, subdivision 2, is amended to read:

Subd. 2.

Moved within state.

If any nonforwardable mailing from an election official
is returned as undeliverable but with a permanent forwarding address in this state, the county
auditor may change the voter's status to "inactive" in the statewide registration system and
shall transmit a copy of the mailing to the auditor of the county in which the new address
is located. If an election is scheduled to occur in the precinct in which the voter deleted text begin resides deleted text end new text begin
maintains residence new text end in the next 47 days, the county auditor shall promptly update the voter's
address in the statewide voter registration system. If there is not an election scheduled, the
auditor may wait to update the voter's address until after the next list of address changes is
received from the secretary of state. Once updated, the county auditor shall mail to the voter
a notice stating the voter's name, address, precinct, and polling place, except that if the
voter's record is challenged due to a felony conviction, noncitizenship, name change,
incompetence, or a court's revocation of voting rights of individuals under guardianship,
the auditor must not mail the notice. The notice must advise the voter that the voter's voting
address has been changed and that the voter must notify the county auditor within 21 days
if the new address is not the voter's address of residence. The notice must state that it must
be returned if it is not deliverable to the voter at the named address.

Sec. 7.

Minnesota Statutes 2020, section 201.13, subdivision 3, is amended to read:

Subd. 3.

Use of change of address system.

(a) At least once each month the secretary
of state shall obtain a list of individuals registered to vote in this state who have filed with
the United States Postal Service a change of their permanent address. The secretary of state
may also periodically obtain a list of individuals with driver's licenses or state identification
cards to identify those who are registered to vote who have applied to the Department of
Public Safety for a replacement driver's license or state identification card with a different
address, and a list of individuals for whom the Department of Public Safety received
notification of a driver's license or state identification card cancellation due to a change of
residency out of state. However, the secretary of state shall not load data derived from these
lists into the statewide voter registration system within the 47 days before the state primary
or 47 days before a November general election.

(b) If the address is changed to another address in this state, the secretary of state shall
locate the precinct in which the voter deleted text begin resides deleted text end new text begin maintains residence new text end , if possible. If the secretary
of state is able to locate the precinct in which the voter deleted text begin resides deleted text end new text begin maintains residence new text end , the
secretary must transmit the information about the changed address by electronic means to
the county auditor of the county in which the new address is located. For addresses for
which the secretary of state is unable to determine the precinct, the secretary may forward
information to the appropriate county auditors for individual review. If the voter has not
voted or submitted a voter registration application since the address change, upon receipt
of the information, the county auditor shall update the voter's address in the statewide voter
registration system. The county auditor shall mail to the voter a notice stating the voter's
name, address, precinct, and polling place, unless the voter's record is challenged due to a
felony conviction, noncitizenship, name change, incompetence, or a court's revocation of
voting rights of individuals under guardianship, in which case the auditor must not mail the
notice. The notice must advise the voter that the voter's voting address has been changed
and that the voter must notify the county auditor within 21 days if the new address is not
the voter's address of residence. The notice must state that it must be returned if it is not
deliverable to the voter at the named address.

(c) If the change of permanent address is to an address outside this state, the secretary
of state shall notify by electronic means the auditor of the county where the voter formerly
deleted text begin resided deleted text end new text begin maintained residence new text end that the voter has moved to another state. If the voter has not
voted or submitted a voter registration application since the address change, the county
auditor shall promptly mail to the voter at the voter's new address a notice advising the voter
that the voter's status in the statewide voter registration system will be changed to "inactive"
unless the voter notifies the county auditor within 21 days that the voter is retaining the
former address as the voter's address of residence, except that if the voter's record is
challenged due to a felony conviction, noncitizenship, name change, incompetence, or a
court's revocation of voting rights of individuals under guardianship, the auditor must not
mail the notice. If the notice is not received by the deadline, the county auditor shall change
the voter's status to "inactive" in the statewide voter registration system.

(d) If, in order to maintain voter registration records, the secretary of state enters an
agreement to share information or data with an organization governed exclusively by a
group of states, the secretary must first determine that the data security protocols are sufficient
to safeguard the information or data shared. If required by such an agreement, the secretary
of state may share the following data from the statewide voter registration system and data
released to the secretary of state under section 171.12, subdivision 7a:

(1) name;

(2) date of birth;

(3) address;

(4) driver's license or state identification card number;

(5) the last four digits of an individual's Social Security number; and

(6) the date that an individual's record was last updated.

If the secretary of state enters into such an agreement, the secretary and county auditors
must process changes to voter records based upon that data in accordance with this section.
Except as otherwise provided in this subdivision, when data is shared with the secretary of
state by another state, the secretary of state must maintain the same data classification that
the data had while it was in the possession of the state providing the data.

Sec. 8.

Minnesota Statutes 2020, section 201.1611, subdivision 1, is amended to read:

Subdivision 1.

Forms.

All postsecondary institutions that enroll students accepting state
or federal financial aid shall provide voter registration forms to each student as early as
possible in the fall quarter. All school districts shall make available voter registration
applications each May and September to all students registered as students of the school
district who will be eligible to vote at the next election after those months. A school district
has no obligation to provide voter registration applications to students who participate in a
postsecondary education option program or who otherwise deleted text begin reside deleted text end new text begin maintain residence new text end in the
district but do not attend a school operated by the district. A school district fulfills its
obligation to a student under this section if it provides a voter registration application to the
student one time. The forms must contain spaces for the information required in section
201.071, subdivision 1, and applicable rules of the secretary of state. The institutions and
school districts may request these forms from the secretary of state. Institutions shall consult
with their campus student government in determining the most effective means of distributing
the forms and in seeking to facilitate election day registration of students under section
201.061, subdivision 3. School districts must advise students that completion of the voter
registration application is not a school district requirement.

Sec. 9.

Minnesota Statutes 2021 Supplement, section 201.225, subdivision 2, is amended
to read:

Subd. 2.

Technology requirements.

An electronic roster must:

(1) be able to be loaded with a data file that includes voter registration data in a file
format prescribed by the secretary of state;

(2) allow for data to be exported in a file format prescribed by the secretary of state;

(3) allow for data to be entered manually or by scanning a Minnesota driver's license or
identification card to locate a voter record or populate a voter registration application that
would be printed and signed and dated by the voter. The printed registration application
can be either a printed form, labels printed with voter information to be affixed to a preprinted
form, or a combination of both;

(4) allow an election judge to update data that was populated from a scanned driver's
license or identification card;

(5) cue an election judge to ask for and input data that is not populated from a scanned
driver's license or identification card that is otherwise required to be collected from the voter
or an election judge;

(6) immediately alert the election judge if the voter has provided information that indicates
that the voter is not eligible to vote;

(7) immediately alert the election judge if the electronic roster indicates that a voter has
already voted in that precinct, the voter's registration status is challenged, or it appears the
voter deleted text begin resides deleted text end new text begin maintains residence new text end in a different precinct;

(8) provide immediate instructions on how to resolve a particular type of challenge when
a voter's record is challenged;

(9) provide for a printed voter signature certificate, containing the voter's name, address
of residence, date of birth, voter identification number, the oath required by section 204C.10,
and a space for the voter's original signature. The printed voter signature certificate can be
either a printed form or a label printed with the voter's information to be affixed to the oath;

(10) contain only preregistered voters within the precinct, and not contain preregistered
voter data on voters registered outside of the precinct;

(11) be only networked within the polling location on election day, except for the purpose
of updating absentee ballot records;

(12) meet minimum security, reliability, and networking standards established by the
Office of the Secretary of State in consultation with the Department of Information
Technology Services;

(13) be capable of providing a voter's correct polling place; and

(14) perform any other functions necessary for the efficient and secure administration
of the participating election, as determined by the secretary of state.

Electronic rosters used only for election day registration do not need to comply with clauses
(1), (8), and (10). Electronic rosters used only for preregistered voter processing do not need
to comply with clauses (4) and (5).

Sec. 10.

Minnesota Statutes 2020, section 202A.16, subdivision 1, is amended to read:

Subdivision 1.

Eligible voters.

Only those individuals who are or will be eligible to vote
at the time of the next state general election, may vote or be elected a delegate or officer at
the precinct caucus. An eligible voter may vote or be elected a delegate or officer only in
the precinct where the voter deleted text begin resides deleted text end new text begin maintains residence new text end at the time of the caucus.

Sec. 11.

Minnesota Statutes 2020, section 203B.01, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Utility worker. new text end

new text begin "Utility worker" means an employee of a public utility as
defined by section 216B.02, subdivision 4.
new text end

Sec. 12.

Minnesota Statutes 2020, section 203B.02, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Emergency response providers. new text end

new text begin Any trained or certified emergency response
provider or utility worker who is deployed during the time period authorized by law for
absentee voting, on election day, or during any state of emergency declared by the President
of the United States or any governor of any state within the United States may vote by
absentee ballot either as provided by sections 203B.04 to 203B.15 or sections 203B.16 to
203B.27.
new text end

Sec. 13.

Minnesota Statutes 2020, 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. 14.

Minnesota Statutes 2020, 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. 15.

Minnesota Statutes 2020, section 203B.11, subdivision 1, is amended to read:

Subdivision 1.

Generally.

new text begin (a) new text end Each full-time municipal clerk or school district clerk
who has authority under section 203B.05 to administer absentee voting laws shall designate
election judges to deliver absentee ballots in accordance with this section. The county auditor
must also designate election judges to perform the duties in this section. A ballot may be
delivered only to an eligible voter who is a temporary or permanent resident or patient in a
health care facility or hospital located in the municipality in which the voter maintains
residence. The ballots shall be delivered by two election judges, each of whom is affiliated
with a different major political party. When the election judges deliver or return ballots as
provided in this section, they shall travel together in the same vehicle. Both election judges
shall be present when an applicant completes the certificate of eligibility and marks the
absentee ballots, and may assist an applicant as provided in section 204C.15. The election
judges shall deposit the return envelopes containing the marked absentee ballots in a sealed
container and return them to the clerk on the same day that they are delivered and marked.

new text begin (b) At the discretion of a full-time municipal clerk, school district clerk, or county auditor,
absentee ballots may be delivered in the same manner as prescribed in paragraph (a) to a
veterans home operated by the board of directors of the Minnesota veterans homes under
chapter 198 or a shelter for battered women as defined in section 611A.37, subdivision 4.
new text end

Sec. 16.

Minnesota Statutes 2020, section 203B.16, subdivision 2, is amended to read:

Subd. 2.

Indefinite residence outside United States.

Sections 203B.16 to 203B.27
provide the exclusive voting procedure for United States citizens who are living indefinitely
outside the territorial limits of the United States who meet all the qualifications of an eligible
voter except residence in Minnesota, but who are authorized by federal law to vote in
Minnesota because they or, if they have never deleted text begin resided deleted text end new text begin maintained residence new text end in the United
States, a parent maintained residence in Minnesota for at least 20 days immediately prior
to their departure from the United States. Individuals described in this subdivision shall be
permitted to vote only for the offices of president, vice-president, senator in Congress, and
representative in Congress.

Sec. 17.

Minnesota Statutes 2020, section 204B.06, subdivision 4a, is amended to read:

Subd. 4a.

State and local offices.

Candidates who seek nomination for the following
offices shall state the following additional information on the affidavit:

(1) for governor or lieutenant governor, that on the first Monday of the next January the
candidate will be 25 years of age or older and, on the day of the state general election, a
resident of Minnesota for not less than one year;

(2) for supreme court justice, court of appeals judge, or district court judge, that the
candidate is learned in the law;

(3) for county, municipal, school district, or special district office, that the candidate
meets any other qualifications for that office prescribed by law;

(4) for senator or representative in the legislature, that on the day of the general or special
election to fill the office the candidate will have deleted text begin resided deleted text end new text begin maintained residence new text end not less than
one year in the state and not less than six months in the legislative district from which the
candidate seeks election.

Sec. 18.

Minnesota Statutes 2020, section 204B.09, subdivision 1, is amended to read:

Subdivision 1.

Candidates in state and county general elections.

(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than 84 days nor less than 70 days before the state primary. The affidavit may be
prepared and signed at any time between 60 days before the filing period opens and the last
day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed
in the presence of a notarial officer or an individual authorized to administer oaths under
section 358.10.

(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions at least 77 days
before the general election day pursuant to section 204B.07. Nominating petitions to fill
vacancies in nominations shall be filed as provided in section 204B.13. No affidavit or
petition shall be accepted later than 5:00 p.m. on the last day for filing.

(d) Affidavits and petitions for county offices must be filed with the county auditor of
that county. Affidavits and petitions for federal offices must be filed with the secretary of
state. Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate deleted text begin resides deleted text end new text begin maintains residence new text end .

(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted by
mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and must
be received by 5:00 p.m. on the last day for filing.

Sec. 19.

Minnesota Statutes 2020, section 204B.13, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Candidates for federal office. new text end

new text begin This section does not apply to a vacancy in
nomination for a federal office.
new text end

Sec. 20.

Minnesota Statutes 2021 Supplement, section 204B.16, subdivision 1, is amended
to read:

Subdivision 1.

Authority; location.

(a) 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;

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; and

deleted text begin (4) deleted text end new text begin (5) new text end pursuant to section 204B.14, subdivision 3.

(b) 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. 21.

Minnesota Statutes 2020, section 204B.19, subdivision 6, is amended to read:

Subd. 6.

High school students.

Notwithstanding any other requirements of this section,
a student enrolled in a high school in Minnesota or who is in a home school in compliance
with sections 120A.22 and 120A.24, who has attained the age of 16 is eligible to be appointed
as a without party affiliation trainee election judge in the county in which the student deleted text begin resides deleted text end new text begin
maintains residence new text end , or a county adjacent to the county in which the student deleted text begin resides deleted text end new text begin maintains
residence new text end . The student must meet qualifications for trainee election judges specified in rules
of the secretary of state. A student appointed as a trainee election judge may be excused
from school attendance during the hours that the student is serving as a trainee election
judge if the student submits a written request signed and approved by the student's parent
or guardian to be absent from school and a certificate from the appointing authority stating
the hours during which the student will serve as a trainee election judge to the principal of
the school at least ten days prior to the election. Students shall not serve as trainee election
judges after 10:00 p.m. Notwithstanding section 177.24 to the contrary, trainee election
judges may be paid not less than two-thirds of the minimum wage for a large employer.
The principal of the school may approve a request to be absent from school conditioned on
acceptable academic performance at the time of service as a trainee election judge.

Sec. 22.

Minnesota Statutes 2020, section 204B.21, subdivision 2, is amended to read:

Subd. 2.

Appointing authority; powers and duties.

Election judges for precincts in a
municipality shall be appointed by the governing body of the municipality. Election judges
for precincts in unorganized territory and for performing election-related duties assigned
by the county auditor shall be appointed by the county board. Election judges for a precinct
composed of two or more municipalities must be appointed by the governing body of the
municipality or municipalities responsible for appointing election judges as provided in the
agreement to combine for election purposes. Except as otherwise provided in this section,
appointments shall be made from the list of voters who deleted text begin reside deleted text end new text begin maintain residence new text end in each
precinct, furnished pursuant to subdivision 1, subject to the eligibility requirements and
other qualifications established or authorized under section 204B.19. At least two election
judges in each precinct must be affiliated with different major political parties. If no lists
have been furnished or if additional election judges are required after all listed names in
that municipality have been exhausted, the appointing authority may appoint other individuals
who meet the qualifications to serve as an election judge, including persons on the list
furnished pursuant to subdivision 1 who indicated a willingness to travel to the municipality,
and persons who are not affiliated with a major political party. An individual who is appointed
from a source other than the list furnished pursuant to subdivision 1 must provide to the
appointing authority the individual's major political party affiliation or a statement that the
individual does not affiliate with any major political party. An individual who refuses to
provide the individual's major political party affiliation or a statement that the individual
does not affiliate with a major political party must not be appointed as an election judge.
The appointments shall be made at least 25 days before the election at which the election
judges will serve, except that the appointing authority may pass a resolution authorizing
the appointment of additional election judges within the 25 days before the election if the
appointing authority determines that additional election judges will be required.

Sec. 23.

Minnesota Statutes 2020, section 204B.45, subdivision 1, is amended to read:

Subdivision 1.

Authorization.

A town of any size deleted text begin not located in a metropolitan county
as defined by section 473.121, deleted text end or a city having fewer than 400 registered voters on June 1
of an election year deleted text begin and not located in a metropolitan county as defined by section 473.121, deleted text end
may provide balloting by mail at any municipal, county, or state election with no polling
place other than the office of the auditor or clerk or other locations designated by the auditor
or clerk. The governing body may apply to the county auditor for permission to conduct
balloting by mail. The county board may provide for balloting by mail in unorganized
territory. The governing body of any municipality may designate for mail balloting any
precinct having fewer than 100 registered voters, subject to the approval of the county
auditor.

Voted ballots may be returned in person to any location designated by the county auditor
or municipal clerk.

Sec. 24.

Minnesota Statutes 2020, section 204B.45, subdivision 2, is amended to read:

Subd. 2.

Procedure.

Notice of the election and the special mail procedure must be given
at least ten weeks prior to the election. Not more than 46 days nor later than 14 days before
a regularly scheduled election and not more than 30 days nor later than 14 days before any
other election, the auditor shall mail ballots by nonforwardable mail to all voters registered
in the city, town, or unorganized territory. No later than 14 days before the election, the
auditor 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 as provided in chapter 203B. Ballot
return envelopes, with return postage provided, must be preaddressed to the auditor or clerk
and the voter may return the ballot by mail or in person to the office of the auditor or clerk.
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 or
deputy municipal 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 shall 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 members of the ballot board, and deposited in the 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 mail or absentee ballots may be made public before the
close of voting on election day.

The costs of the mailing shall be paid by the election jurisdiction in which the voter
deleted text begin resides deleted text end new text begin maintains residence new text end . Any ballot received by 8:00 p.m. on the day of the election
must be counted.

Sec. 25.

Minnesota Statutes 2020, 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. 26.

Minnesota Statutes 2020, section 204C.15, subdivision 1, is amended to read:

Subdivision 1.

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. 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. deleted text begin No person who assists another voter as provided in the preceding
sentence shall mark the ballots of more than three voters at one election. deleted text end 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. 27.

Minnesota Statutes 2020, section 204C.33, subdivision 3, is amended to read:

Subd. 3.

State canvass.

The State Canvassing Board shall meet at a public meeting
space located in the Capitol complex area on the third Tuesday following the state general
election to canvass the certified copies of the county canvassing board reports received from
the county auditors and shall prepare a report that states:

(1) the number of individuals voting in the state and in each county;

(2) the number of votes received by each of the candidates, specifying the counties in
which they were cast; and

(3) the number of votes counted for and against each constitutional amendment, specifying
the counties in which they were cast.

new text begin Upon completion of the canvass, the State Canvassing Board shall declare the candidates
duly elected who received the highest number of votes for each federal and state office. new text end All
members of the State Canvassing Board shall sign the report and certify its correctness. The
State Canvassing Board shall declare the result within three days after completing the
canvass.

Sec. 28.

Minnesota Statutes 2020, section 204D.19, subdivision 2, is amended to read:

Subd. 2.

Special election when legislature will be in session.

Except for vacancies in
the legislature which occur at any time between the last day of session in an odd-numbered
year and the deleted text begin 40th deleted text end new text begin 54th new text end day prior to the opening day of session in the succeeding
even-numbered year, when a vacancy occurs and the legislature will be in session so that
the individual elected as provided by this section could take office and exercise the duties
of the office immediately upon election, the governor shall issue within five days after the
vacancy occurs a writ calling for a special election. The special election shall be held as
soon as possible, consistent with the notice requirements of section 204D.22, subdivision
3, but in no event more than deleted text begin 35 deleted text end new text begin 49 new text end days after the issuance of the writ. deleted text begin A special election
deleted text end deleted text begin must not be held during the four days before or the four days after a holiday as defined in
deleted text end deleted text begin section deleted text end deleted text begin 645.44, subdivision 5 deleted text end deleted text begin .
deleted text end

Sec. 29.

Minnesota Statutes 2020, section 204D.22, subdivision 3, is amended to read:

Subd. 3.

Notice of special election.

The county auditor of a county in which a special
election is to be held shall direct the clerk of each municipality in which the election is to
be held to post a notice of the special primary and special election at least deleted text begin seven deleted text end new text begin 14 new text end days
before the special primary and at least deleted text begin 14 deleted text end new text begin 21 new text end days before the special election in the manner
provided in sections 204B.33 and 204B.34. If the special primary is to be held deleted text begin 14 deleted text end new text begin 21 new text end days
before the special election, a single notice of both elections may be posted seven days before
the primary.

When the special primary or special election is to be held on the same day as any other
election, notice of the special primary or special election may be included in the notice of
the other election, if practicable.

Sec. 30.

Minnesota Statutes 2020, section 204D.23, subdivision 2, is amended to read:

Subd. 2.

Time of filing.

Except as provided in subdivision 3, the affidavits and petitions
shall be filed no later than deleted text begin 14 deleted text end new text begin 21 new text end days before the special primary.

Sec. 31.

Minnesota Statutes 2020, section 205.13, subdivision 5, is amended to read:

Subd. 5.

Nominating petition; cities of the first class.

A nominating petition filed on
behalf of a candidate for municipal office in a city of the first class shall be signed by eligible
voters who deleted text begin reside deleted text end new text begin maintain residence new text end in the election district from which the candidate is to
be elected. The number of signers shall be at least 500, or two percent of the total number
of individuals who voted in the municipality, ward, or other election district at the last
preceding municipal general election, whichever is greater.

Sec. 32.

Minnesota Statutes 2020, section 205A.10, subdivision 5, is amended to read:

Subd. 5.

School district canvassing board.

For the purpose of a recount of a special
election conducted under section 126C.17, subdivision 9, or 475.59, the school district
canvassing board shall consist of one member of the school board other than the clerk,
selected by the board, the clerk of the school board, the county auditor of the county in
which the greatest number of school district residents deleted text begin reside deleted text end new text begin maintain residence new text end , the court
administrator of the district court of the judicial district in which the greatest number of
school district residents deleted text begin reside deleted text end new text begin maintain residence new text end , and the mayor or chair of the town board
of the school district's most populous municipality. Any member of the canvassing board
may appoint a designee to appear at the meeting of the board, except that no designee may
be a candidate for public office. If one of the individuals fails to appear at the meeting of
the canvassing board, the county auditor shall appoint an eligible voter of the school district,
who must not be a member of the school board, to fill the vacancy. Not more than two
school board members shall serve on the canvassing board at one time. Four members
constitute a quorum.

The school board shall serve as the school district canvassing board for the election of
school board members.

Sec. 33.

Minnesota Statutes 2020, section 205A.12, subdivision 5, is amended to read:

Subd. 5.

Board elections.

If the proposal for the establishment of election districts is
approved by the voters, the board shall specify the election districts from which vacancies
shall be filled as they occur until such time as each board member represents an election
district. A candidate for school board in a subsequent election must file an affidavit of
candidacy to be elected as a school board member for the election district in which the
candidate deleted text begin resides deleted text end new text begin maintains residence new text end . If there are as many election districts as there are
members of the board, one and only one member of the board shall be elected from each
election district. In school districts where one or more board members are elected by election
districts, candidates must indicate on the affidavit of candidacy the number of the district
from which they seek election or, if appropriate, that they seek election from one of the
offices elected at large. If the election districts have two or three members each, the terms
of the members must be staggered. Each board member must be a resident of the election
district for which elected but the creation of an election district or a change in election
district boundaries shall not disqualify a board member from serving for the remainder of
a term.

Sec. 34.

Minnesota Statutes 2020, section 207A.12, is amended to read:

207A.12 CONDUCTING PRESIDENTIAL NOMINATION PRIMARY.

(a) Except as otherwise provided by law, the presidential nomination primary must be
conducted, and the results canvassed and returned, in the manner provided by law for the
state primary.

(b) An individual seeking to vote at the presidential nomination primary must be
registered to vote pursuant to section 201.054, subdivision 1. The voter must request the
ballot of the party for whose candidate the individual wishes to vote. Notwithstanding section
204C.18, subdivision 1, the election judge must record in the polling place roster the name
of the political party whose ballot the voter requested. When posting voter history pursuant
to section 201.171, the county auditor must include the name of the political party whose
ballot the voter requested. The political party ballot selected by a voter is private data on
individuals as defined under section 13.02, subdivision 12, except as provided in section
201.091, subdivision 4a. new text begin A voter eligible to cast a ballot as provided in section 5B.06 must
be permitted to cast a ballot at the presidential nomination primary consistent with the
requirements of that section.
new text end

(c) Immediately after the state canvassing board declares the results of the presidential
nomination primary, the secretary of state must notify the chair of each party of the results.

(d) The results of the presidential nomination primary must bind the election of delegates
in each party.

Sec. 35.

Minnesota Statutes 2020, section 209.021, subdivision 2, is amended to read:

Subd. 2.

Notice filed with court.

If the contest relates to a nomination or election for
statewide office, the contestant shall file the notice of contest with the court administrator
of District Court in Ramsey County. For contests relating to any other office, the contestant
shall file the notice of contest with the court administrator of district court in the county
where the contestee deleted text begin resides deleted text end new text begin maintains residence new text end .

If the contest relates to a constitutional amendment, the contestant shall file the notice
of contest with the court administrator of District Court in Ramsey County. If the contest
relates to any other question, the contestant shall file the notice of contest with the court
administrator of district court for the county or any one of the counties where the question
appeared on the ballot.

Sec. 36.

Minnesota Statutes 2020, section 211B.11, subdivision 1, is amended to read:

Subdivision 1.

Soliciting near polling places.

A person may not display campaign
material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
a polling place or within 100 feet of the building in which a polling place is situated, or
anywhere on the public property on which a polling place is situated, on primary or election
day to vote for or refrain from voting for a candidate or ballot question. A person may not
provide political badges, political buttons, or other political insignia to be worn at or about
the polling place on the day of a primary or election. A political badge, political button, or
other political insignia may not be worn at or about the polling place on primary or election
day. This section applies new text begin only during voting hours and new text end to areas established by the county
auditor or municipal clerk for absentee voting as provided in chapter 203B.

Nothing in this subdivision prohibits the distribution of "I VOTED" stickers as provided
in section 204B.49.

Sec. 37.

Minnesota Statutes 2020, section 367.03, subdivision 6, is amended to read:

Subd. 6.

Vacancies.

(a) When a vacancy occurs in a town office, the town board shall
fill the vacancy by appointment. Except as provided in paragraph (b), the person appointed
shall hold office until the next annual town election, when a successor shall be elected for
the unexpired term.

(b) When a vacancy occurs in a town office:

(1) with more than one year remaining in the term; and

(2) on or after the 14th day before the first day to file an affidavit of candidacy for the
town election;

the vacancy must be filled by appointment. The person appointed serves until the next annual
town election following the election for which affidavits of candidacy are to be filed, when
a successor shall be elected for the unexpired term.

(c) A vacancy in the office of supervisor must be filled by an appointment committee
comprised of the remaining supervisors and the town clerk.

(d) Any person appointed to fill the vacancy in the office of supervisor must, upon
assuming the office, be an eligible voter, be 21 years of age, and have deleted text begin resided deleted text end new text begin maintained
residence new text end in the town for at least 30 days.

(e) When, because of a vacancy, more than one supervisor is to be chosen at the same
election, candidates for the offices of supervisor shall file for one of the specific terms being
filled.

(f) When, for any reason, the town board or the appointment committee fails to fill a
vacancy in the position of an elected town officer by appointment, a special election may
be called. To call a special election, the supervisors and town clerk, or any two of them
together with at least 12 other town freeholders, must file a statement in the town clerk's
office. The statement must tell why the election is called and that the interests of the town
require the election. When the town board or the appointment committee fails to fill a
vacancy by appointment, a special town election may also be called on petition of 20 percent
of the electors of the town. The percentage is of the number of voters at the last general
election. A special town election must be conducted in the manner required for the annual
town election.

(g) Law enforcement vacancies must be filled by appointment by the town board.

Sec. 38.

Minnesota Statutes 2020, section 447.32, subdivision 4, is amended to read:

Subd. 4.

Candidates; ballots; certifying election.

A person who wants to be a candidate
for the hospital board shall file an affidavit of candidacy for the election either as member
at large or as a member representing the city or town where the candidate deleted text begin resides deleted text end new text begin maintains
residence new text end . The affidavit of candidacy must be filed with the city or town clerk not more
than 98 days nor less than 84 days before the first Tuesday after the first Monday in
November of the year in which the general election is held. The city or town clerk must
forward the affidavits of candidacy to the clerk of the hospital district or, for the first election,
the clerk of the most populous city or town immediately after the last day of the filing period.
A candidate may withdraw from the election by filing an affidavit of withdrawal with the
clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of
candidacy.

Voting must be by secret ballot. The clerk shall prepare, at the expense of the district,
necessary ballots for the election of officers. Ballots must be prepared as provided in the
rules of the secretary of state. The ballots must be marked and initialed by at least two judges
as official ballots and used exclusively at the election. Any proposition to be voted on may
be printed on the ballot provided for the election of officers. The hospital board may also
authorize the use of voting systems subject to chapter 206. Enough election judges may be
appointed to receive the votes at each polling place. The election judges shall act as clerks
of election, count the ballots cast, and submit them to the board for canvass.

After canvassing the election, the board shall issue a certificate of election to the candidate
who received the largest number of votes cast for each office. The clerk shall deliver the
certificate to the person entitled to it in person or by certified mail. Each person certified
shall file an acceptance and oath of office in writing with the clerk within 30 days after the
date of delivery or mailing of the certificate. The board may fill any office as provided in
subdivision 1 if the person elected fails to qualify within 30 days, but qualification is effective
if made before the board acts to fill the vacancy.