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Minnesota Legislature

Office of the Revisor of Statutes

SF 455

5th Engrossment - 89th Legislature (2015 - 2016) Posted on 05/27/2015 12:12pm

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

Current Version - 5th Engrossment

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A bill for an act
relating to elections; modifying various provisions related to the administration
of elections, including provisions related to school boards, voters, ballots,
registration, violations, absentee ballots, candidates, vacancies, election
judges, recounts, precincts, and filing fees; modifying military and overseas
absentee voting provisions; providing and modifying definitions; establishing
the Election Emergency Planning Task Force; providing the Uniform Faithful
Presidential Electors Act; making various technical and conforming changes;
appropriating money; amending Minnesota Statutes 2014, sections 123B.09,
subdivision 1, by adding a subdivision; 200.02, subdivisions 7, 23, by adding
subdivisions; 201.071, subdivision 1; 201.158; 201.275; 203B.01, subdivision 3;
203B.07, subdivision 1; 203B.08, subdivisions 1, 3; 203B.121, subdivision 2;
203B.16, subdivisions 1, 2; 203B.17, subdivisions 1, 2; 204B.06, subdivision 1b;
204B.07, subdivision 2; 204B.13, subdivisions 1, 2, 5; 204B.131, subdivision 1;
204B.19, subdivisions 2, 6; 204B.36, subdivisions 1, 2, 3, 4; 204B.44; 204B.45,
subdivision 2; 204C.04, subdivision 2; 204C.08, subdivision 1d; 204C.13,
subdivisions 2, 3, 5; 204C.22, subdivisions 3, 4, 7, 10; 204C.35, subdivisions
1, 2; 204C.36, subdivisions 1, 2; 204C.40, subdivision 2; 204D.11, subdivision
4; 204D.27, subdivision 11; 205.13, subdivision 3; 205A.05, subdivision 1;
206.90, subdivision 6; 208.02; 208.03; 208.06; 209.01, subdivision 2; 209.021,
subdivisions 2, 3; 209.09, subdivision 2; 365.22, subdivisions 2, 3; 367.31,
subdivision 4; 368.85, subdivision 4; 376.04; 412.551, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapters 123B; 208; repealing
Minnesota Statutes 2014, sections 123B.09, subdivision 5; 204B.14, subdivision
6; 204C.13, subdivision 4; 204C.30, subdivision 1; 208.07; 208.08; 383A.555.

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

ARTICLE 1

ELECTION ADMINISTRATION

Section 1.

Minnesota Statutes 2014, section 123B.09, subdivision 1, is amended to read:


Subdivision 1.

School board membership.

The care, management, and control of
independent districts is vested in a board of directors, to be known as the school board.
The term of office of a member shall be four years commencing on the first Monday in
January and until a successor qualifies. The membership of the board shall consist of six
elected directors together with such ex officio member as may be provided by law. The
board may submit to the electors at any school election the question whether the board
shall consist of seven members. If a majority of those voting on the proposition favor a
seven-member board, a seventh member shall be elected at the next election of directors
for a four-year term and thereafter the board shall consist of seven members.

Those districts with a seven-member board may submit to the electors at any school
election at least 150 days before the next election of three members of the board the
question whether the board shall consist of six members. If a majority of those voting on
the proposition favor a six-member board instead of a seven-member board, deleted text begintwodeleted text endnew text begin three
new text endmembers instead of deleted text beginthreedeleted text endnew text begin fournew text end members shall be elected at the next election of the board of
directors and thereafter the board shall consist of six members.

Sec. 2.

Minnesota Statutes 2014, section 123B.09, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Vacancies. new text end

new text begin A vacancy other than a vacancy described in subdivision 4
must be filled pursuant to section 123B.095.
new text end

Sec. 3.

new text begin [123B.095] VACANCY IN OFFICE OF SCHOOL BOARD MEMBER.
new text end

new text begin Subdivision 1. new text end

new text begin Option for filling vacancies; special election. new text end

new text begin (a) Except as
provided in section 123B.09, subdivision 4, a vacancy in the office of school board may be
filled as provided in this subdivision and subdivision 2, or as provided in subdivision 3. If
the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a
special election. The school board may by resolution call for a special election to be held
according to the earliest of the following time schedules:
new text end

new text begin (1) not less than 120 days following the date the vacancy is declared, but no later
than 12 weeks prior to the date of the next regularly scheduled primary election;
new text end

new text begin (2) concurrently with the next regularly scheduled primary election and general
election; or
new text end

new text begin (3) no sooner than 120 days following the next regularly scheduled general election.
new text end

new text begin (b) The person elected at the special election shall take office immediately after
receipt of the certificate of election and upon filing the bond and taking the oath of office
and shall serve the remainder of the unexpired term.
new text end

new text begin Subd. 2. new text end

new text begin When victor seated immediately. new text end

new text begin If a vacancy for which a special
election is required occurs less than 120 days before the general election preceding the
end of the term, the vacancy shall be filled by the person elected at that election for the
ensuing term who shall take office immediately after receiving the certificate of election,
filing the bond and taking the oath of office.
new text end

new text begin Subd. 3. new text end

new text begin Vacancies of less than one year; appointment option. new text end

new text begin Except as provided
in section 123B.09, subdivision 4, and as an alternative to the procedure provided in
subdivisions 1 and 2, any other vacancy in the office of school board member may be
filled by board appointment at a regular or special meeting. The appointment shall be
evidenced by a resolution entered in the minutes and shall continue until an election is
held under this subdivision. All elections to fill vacancies shall be for the unexpired term.
If one year or more remains in the unexpired term, a special election must be held under
subdivision 1. If less than one year remains in the unexpired term, the school board may
appoint a person to fill the vacancy for the remainder of the unexpired term, unless the
vacancy occurs within 90 days of the next school district general election, in which case
an appointment shall not be made and the vacancy must be filled at the general election.
The person elected to fill a vacancy at the general election takes office immediately in the
same manner as for a special election under subdivision 1, and serves the remainder of the
unexpired term and the new term for which the election was otherwise held.
new text end

new text begin Subd. 4. new text end

new text begin School board vacancy appointment; public hearing. new text end

new text begin Before making an
appointment to fill a vacancy under subdivision 3, the school board must hold a public
hearing not more than 30 days after the vacancy occurs with public notice given in the
same manner as for a special meeting of the school board. At the public hearing, the board
must invite public testimony from persons residing in the district in which the vacancy
occurs relating to the qualifications of prospective appointees to fill the vacancy. Before
making an appointment, the board also must notify public officials in the school district
on the appointment, including county commissioners, town supervisors, and city council
members, and must enter into the record at the board meeting in which the appointment is
made the names and addresses of the public officials notified. If, after the public hearing,
the board is unable or decides not to make an appointment under subdivision 3, it must
hold a special election under subdivision 1, but the time period in which the election must
be held begins to run from the date of the public hearing.
new text end

Sec. 4.

Minnesota Statutes 2014, section 200.02, subdivision 7, is amended to read:


Subd. 7.

Major political party.

(a) "Major political party" means a political party
that maintains a party organization in the state, political division or precinct in question
and that has presented at least one candidate for election to the office of:

(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
general at the last preceding state general election for those offices; or

(2) presidential elector or U.S. senator at the last preceding state general election for
presidential electors; and

whose candidate received votes in each county in that election and received votes
from not less than five percent of the total number of individuals who voted in that election.

(b) "Major political party" also means a political party that maintains a party
organization in the state, political subdivision, or precinct in question and that has
presented at least 45 candidates for election to the office of state representative, 23
candidates for election to the office of state senator, four candidates for election to
the office of representative in Congress, and one candidate for election to each of the
following offices: governor and lieutenant governor, attorney general, secretary of state,
and state auditor, at the last preceding state general election for those offices.

(c) "Major political party" also means a political party that maintains a party
organization in the state, political subdivision, or precinct in question and whose members
present to the secretary of state at any time before the close of filing for the state partisan
primary ballot a petition for a place on the state partisan primary ballot, which petition
contains new text beginvalid new text endsignatures of a number of the party members equal to at least five percent
of the total number of individuals who voted in the preceding state general election.new text begin A
signature is valid only if signed no more than one year prior to the date the petition was filed.
new text end

(d) A political party whose candidate receives a sufficient number of votes at a state
general election described in paragraph (a) or a political party that presents candidates at
an election as required by paragraph (b) becomes a major political party as of January
1 following that election and retains its major party status for at least two state general
elections even if the party fails to present a candidate who receives the number and
percentage of votes required under paragraph (a) or fails to present candidates as required
by paragraph (b) at subsequent state general elections.

(e) A major political party whose candidates fail to receive the number and
percentage of votes required under paragraph (a) and that fails to present candidates as
required by paragraph (b) at each of two consecutive state general elections described by
paragraph (a) or (b), respectively, loses major party status as of December 31 following
the later of the two consecutive state general elections.

Sec. 5.

Minnesota Statutes 2014, section 200.02, subdivision 23, is amended to read:


Subd. 23.

Minor political party.

(a) "Minor political party" means a political party
that has adopted a state constitution, designated a state party chair, held a state convention
in the last two years, filed with the secretary of state no later than December 31 following
the most recent state general election a certification that the party has met the foregoing
requirements, and met the requirements of paragraph (b) or (e), as applicable.

(b) To be considered a minor party in all elections statewide, the political party must
have presented at least one candidate for election to the office of:

(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
general, at the last preceding state general election for those offices; or

(2) presidential elector or U.S. senator at the preceding state general election for
presidential electors; and

new text begin (3) new text endwho received votes in each county that in the aggregate equal at least one percent
of the total number of individuals who voted in the election, or its members must have
presented to the secretary of state at any time before the close of filing for the state
partisan primary ballot a nominating petition in a form prescribed by the secretary of state
containing the new text beginvalid new text endsignatures of party members in a number equal to at least one percent
of the total number of individuals who voted in the preceding state general election.new text begin A
signature is valid only if signed no more than one year prior to the date the petition was filed.
new text end

(c) A political party whose candidate receives a sufficient number of votes at a
state general election described in paragraph (b) becomes a minor political party as of
January 1 following that election and retains its minor party status for at least two state
general elections even if the party fails to present a candidate who receives the number
and percentage of votes required under paragraph (b) at subsequent state general elections.

(d) A minor political party whose candidates fail to receive the number and
percentage of votes required under paragraph (b) at each of two consecutive state general
elections described by paragraph (b) loses minor party status as of December 31 following
the later of the two consecutive state general elections.

(e) A minor party that qualifies to be a major party loses its status as a minor party
at the time it becomes a major party. Votes received by the candidates of a major party
must be counted in determining whether the party received sufficient votes to qualify as a
minor party, notwithstanding that the party does not receive sufficient votes to retain its
major party status. To be considered a minor party in an election in a legislative district,
the political party must have presented at least one candidate for a legislative office in that
district who received votes from at least ten percent of the total number of individuals
who voted for that office, or its members must have presented to the secretary of state a
nominating petition in a form prescribed by the secretary of state containing the new text beginvalid
new text endsignatures of party members in a number equal to at least ten percent of the total number of
individuals who voted in the preceding state general election for that legislative office.new text begin A
signature is valid only if signed no more than one year prior to the date the petition was filed.
new text end

Sec. 6.

Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision
to read:


new text begin Subd. 27. new text end

new text begin Partisan offices. new text end

new text begin "Partisan offices" means federal offices, presidential
electors, constitutional offices, and legislative offices.
new text end

Sec. 7.

Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision
to read:


new text begin Subd. 28. new text end

new text begin Nonpartisan offices. new text end

new text begin "Nonpartisan offices" means all judicial, county,
municipal, school district, and special district offices.
new text end

Sec. 8.

Minnesota Statutes 2014, 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 resided 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."

deleted text begin A paper voter registration application must be of suitable size and weight for
mailing.
deleted text end 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. 9.

Minnesota Statutes 2014, section 201.158, is amended to read:


201.158 USE OF DEPARTMENT OF PUBLIC SAFETY DATA.

As required by the Help America Vote Act of 2002, Public Law 107-252, the
commissioner of public safety shall make electronic data on citizenship available to the
secretary of state. The secretary of state must determine whether the data newly indicates
that any individuals who have active records in the statewide voter registration system
are not citizens. The secretary of state shall prepare a list of those voters for each county
auditornew text begin at least monthlynew text end. The county auditor shall change the status of those registrants in
the statewide voter registration system to reflect that they are challenged based upon their
citizenship and must notify the county attorney.

deleted text begin In 2010, the secretary of state must make the determination and provide lists
to the county auditors between 30 and 60 days before the general election and again
between six and ten weeks after the election. In 2011, the secretary of state must make
this determination again as part of the annual list maintenance. By August 1, 2012, the
secretary of state must provide electronic lists to the counties at least monthly.
deleted text end

Sec. 10.

Minnesota Statutes 2014, section 201.275, is amended to read:


201.275 INVESTIGATIONS; PROSECUTIONS.

new text begin (a) new text endA law enforcement agency that is notified by affidavit of an alleged violation of
this chapter shall promptly investigate. Upon receiving an affidavit alleging a violation
of this chapter, a county attorney shall promptly forward it to a law enforcement agency
with jurisdiction for investigation. If there is probable cause for instituting a prosecution,
the county attorney shall proceed deleted text beginby complaint or present the charge, with whatever
evidence has been found, to the grand jury
deleted text endnew text begin according to the generally applicable standards
regarding the prosecutorial functions and duties of a county attorney, provided that
the county attorney is not required to proceed with the prosecution if the complainant
withdraws the allegation
new text end. A county attorney who refuses or intentionally fails to faithfully
perform this or any other duty imposed by this chapter is guilty of a misdemeanor and
upon conviction shall forfeit office. deleted text beginThe county attorney, under the penalty of forfeiture of
office, shall prosecute all violations of this chapter except violations of this section; if,
however, a complainant withdraws an allegation under this chapter, the county attorney is
not required to proceed with the prosecution.
deleted text end

new text begin (b) Willful violation of this chapter by any public employee constitutes just cause for
suspension without pay or dismissal of the public employee.
new text end

new text begin (c) new text endWhere the matter relates to a voter registration application submitted
electronically through the secure Web site established in section 201.061, subdivision 1,
alleged violations of this chapter may be investigated and prosecuted in the county in
which the individual registered or attempted to register.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2014, section 203B.01, subdivision 3, is amended to read:


Subd. 3.

Military.

"Military" means the Army, Navy, Air Force, Marine Corps,
Coast Guard or Merchant Marine of the United States, deleted text beginanddeleted text end all other uniformed services as
defined in United States Code, title deleted text begin42, section 1973ff-6deleted text endnew text begin 52, section 20310, and military
forces as defined by section 190.05, subdivision 3
new text end.

Sec. 12.

Minnesota Statutes 2014, section 203B.07, subdivision 1, is amended to read:


Subdivision 1.

Delivery of envelopes, directions.

The county auditor or the
municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
a copy of the directions for casting an absentee ballot to each applicant whose application
for absentee ballots is accepted pursuant to section 203B.04. The county auditor or
municipal clerk shall provide first class postage for the return envelope. The directions
for casting an absentee ballot shall be printed in at least 14-point bold type with heavy
leading and may be printed on the ballot envelope. When a person requests the directions
in Braille or on deleted text begincassette tapedeleted text endnew text begin audio filenew text end, the county auditor or municipal clerk shall provide
them in the form requested. The secretary of state shall prepare Braille and deleted text begincassettedeleted text endnew text begin audio
file
new text end copies and make them available.

When a voter registration application is sent to the applicant as provided in section
203B.06, subdivision 4, the directions or registration application shall include instructions
for registering to vote.

Sec. 13.

Minnesota Statutes 2014, section 203B.08, subdivision 1, is amended to read:


Subdivision 1.

Marking and return by voter.

An eligible voter who receives
absentee ballots as provided in this chapter shall mark them in the manner specified in the
directions for casting the absentee ballots. The return envelope containing marked ballots
may be mailed as provided in the directions for casting the absentee ballots or may be
left with the county auditor or municipal clerk who transmitted the absentee ballots to the
voter. If delivered in person deleted text beginby an agentdeleted text end, the return envelope must be submitted to the
county auditor or municipal clerk by 3:00 p.m. on election day.

The voter may designate an agent to deliver in person the sealed absentee ballot
return envelope to the county auditor or municipal clerk or to deposit the return envelope
in the mail. An agent may deliver or mail the return envelopes of not more than three
voters in any election. Any person designated as an agent who tampers with either the
return envelope or the voted ballots or does not immediately mail or deliver the return
envelope to the county auditor or municipal clerk is guilty of a misdemeanor.

Sec. 14.

Minnesota Statutes 2014, section 203B.08, subdivision 3, is amended to read:


Subd. 3.

Procedures on receipt of ballots.

When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and date the return
envelope and place it in a secure location with other return envelopes received by that
office. Within five days after receipt, the county auditor or municipal clerk shall deliver to
the ballot board all ballots received, except that during the 14 days immediately preceding
an election, the county auditor or municipal clerk shall deliver all ballots received to the
ballot board within three days. Ballots received on election day either (1) after 3:00 p.m.,
if delivered deleted text beginby an agentdeleted text endnew text begin in personnew text end; or (2) after deleted text beginthe last mail deliverydeleted text end new text begin8 p.m.new text end, if delivered by
deleted text beginanother methoddeleted text endnew text begin mail or a package delivery servicenew text end, shall be marked as received late by the
county auditor or municipal clerk, and must not be delivered to the ballot board.

Sec. 15.

Minnesota Statutes 2014, section 203B.121, subdivision 2, is amended to read:


Subd. 2.

Duties of ballot board; absentee ballots.

(a) The members of the ballot
board shall take possession of all return envelopes delivered to them in accordance with
section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district
clerk, two or more members of the ballot board shall examine each return envelope and
shall mark it accepted or rejected in the manner provided in this subdivision. 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, subdivision 2.

(b) The members of the ballot board shall mark the return envelope "Accepted" and
initial or sign the return envelope below the word "Accepted" if a majority of the members
of the ballot board examining the envelope are satisfied that:

(1) the voter's name and address on the return envelope are the same as the
information provided on the absentee ballot application;

(2) the voter signed the certification on the envelope;

(3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as deleted text beginthedeleted text endnew text begin anew text end number deleted text beginprovideddeleted text end on the
voter's new text beginabsentee ballot new text endapplication deleted text beginfor ballotsdeleted text endnew text begin or voter recordnew text end. If the number does not
match deleted text beginthe number as submitted on the application, or if a number was not submitted on
deleted text enddeleted text beginthe applicationdeleted text end, the election judges must compare the signature provided by the applicant
to determine whether the ballots were returned by the same person to whom they were
transmitted;

(4) the voter is registered and eligible to vote in the precinct or has included a
properly completed voter registration application in the return envelope;

(5) the certificate has been completed as prescribed in the directions for casting an
absentee ballot; and

(6) the voter has not already voted at that election, either in person or, if it is after the
close of business on the seventh day before the election, by absentee ballot.

The return envelope from accepted ballots must be preserved and returned to the
county auditor.

(c)(1) If a majority of the members of the ballot board examining a return envelope
find that an absentee voter has failed to meet one of the requirements provided in
paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the
word "Rejected," list the reason for the rejection on the envelope, and return it to the
county auditor. There is no other reason for rejecting an absentee ballot beyond those
permitted by this section. Failure to place the ballot within the security envelope before
placing it in the outer white envelope is not a reason to reject an absentee ballot.

(2) If an envelope has been rejected at least five days before the election, the
envelope must remain sealed and the official in charge of the ballot board shall provide the
voter with a replacement absentee ballot and return envelope in place of the rejected ballot.

(3) If an envelope 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.

(d) The official in charge of the absentee ballot board must mail the voter a written
notice of absentee ballot rejection between six and ten weeks following the election. If the
official determines that the voter has otherwise cast a ballot in the election, no notice is
required. If an absentee ballot arrives after the deadline for submission provided by this
chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A
notice of absentee ballot rejection must contain the following information:

(1) the date on which the absentee ballot was rejected or, if the ballot was received
after the required deadline for submission, the date on which the ballot was received;

(2) the reason for rejection; and

(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.

(e) An absentee ballot return envelope marked "Rejected" may not be opened or
subject to further review except in an election contest filed pursuant to chapter 209.

Sec. 16.

Minnesota Statutes 2014, section 203B.16, subdivision 1, is amended to read:


Subdivision 1.

Military service; temporary residence outside United States.

Sections 203B.16 to 203B.27 provide alternative voting procedures for eligible voters who
are absent from the precinct where they maintain residence because they are:

(1) either in the military or the spouses or dependents of individuals serving in
the military; or

(2) temporarily outside the territorial limits of the United States.

Sections 203B.16 to 203B.27 are intended to implement the federal Uniformed and
Overseas Citizens Absentee Voting Act, United States Code, title deleted text begin42, section 1973ffdeleted text endnew text begin 52,
sections 20301 to 20310
new text end.

Sec. 17.

Minnesota Statutes 2014, 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 theynew text begin or, if they have never resided in the United States,
a parent
new text end 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. 18.

Minnesota Statutes 2014, section 203B.17, subdivision 1, is amended to read:


Subdivision 1.

Submission of application.

(a) An application for absentee ballots
for a voter described in section 203B.16 must be in writing and may be submitted in
person, by mail, by electronic facsimile device, by electronic mail, or electronically
through a secure Web site that shall be maintained by the secretary of state for this
purpose, upon determination by the secretary of state that security concerns have been
adequately addressed. An application for absentee ballots for a voter described in section
203B.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother, or
child over the age of 18 years. deleted text beginFor purposes of an application under this subdivision, a
person's Social Security number, no matter how it is designated, qualifies as the person's
military identification number if the person is in the military.
deleted text end

(b) An application for a voter described in section 203B.16, subdivision 1, shall be
submitted to the county auditor of the county where the voter maintains residence or
through the secure Web site maintained by the secretary of state.

(c) An application for a voter described in section 203B.16, subdivision 2, shall be
submitted to the county auditor of the county where the voter new text beginor the voter's parent new text endlast
maintained residence in Minnesota or through the secure Web site maintained by the
secretary of state.

(d) An application for absentee ballots shall be valid for any primary, special
primary, general election, or special election from the time the application is received
through the end of that calendar year.

(e) There shall be no limitation of time for filing and receiving applications for
ballots under sections 203B.16 to 203B.27.

Sec. 19.

Minnesota Statutes 2014, section 203B.17, subdivision 2, is amended to read:


Subd. 2.

Required information.

An application shall be accepted if it contains the
following information stated under oath:

(a) the voter's name, birthdate, and present address of residence in Minnesota, or
former address of residence new text beginor parent's former address of residence new text endin Minnesota if the
voter is living permanently outside the United States;

(b) a statement indicating that the voter is in the military, or is the spouse or
dependent of an individual serving in the military, or is temporarily outside the territorial
limits of the United States, or is living permanently outside the territorial limits of the
United States and voting under federal law;

(c) a statement that the voter expects to be absent from the precinct at the time
of the election;

(d) the address to which absentee ballots are to be mailed;

(e) the voter's signature or the signature and relationship of the individual authorized
to apply on the voter's behalf;

(f) the voter's passport number, Minnesota driver's license or state identification card
number, or the last four digits of the voter's Social Security number; if the voter does not
have access to any of these documents, the voter or other individual requesting absentee
ballots may attest to the truthfulness of the contents of the application under penalty
of perjury; and

(g) the voter's e-mail address, if the application was submitted electronically through
the secure Web site maintained by the secretary of state.

Notwithstanding paragraph (f), an application submitted through the secretary of state's
Web site must include the voter's verifiable Minnesota driver's license number, Minnesota
state identification card number, or the last four digits of the voter's Social Security
number, and may only be transmitted to the county auditor for processing if the secretary
of state has verified the application information matches the information in a government
database associated with the applicant's driver's license number, state identification card
number, or Social Security number. The secretary of state must review all unverifiable
applications for evidence of suspicious activity and must forward any such application to
an appropriate law enforcement agency for investigation.

Sec. 20.

Minnesota Statutes 2014, section 204B.06, subdivision 1b, is amended to read:


Subd. 1b.

Address and telephone number.

(a) An affidavit of candidacy must
state a telephone number where the candidate can be contacted. An affidavit must also
state the candidate's address of residence as determined under section 200.031, or at the
candidate's request in accordance with paragraph (c), the candidate's campaign contact
address. The form for the affidavit of candidacy must allow the candidate to request, if
eligible, that the candidate's address of residence be classified as private data, and to
provide the certification required under paragraph (c) for classification of that address.

(b) For an office whose residency requirement must be satisfied by the close of the
filing period, a registered voter in this state may request in writing that the filing officer
receiving the affidavit of candidacy review the address as provided in this paragraph, at
any time up to one day after the last day for filing for office. If requested, the filing officer
must determine whether the address provided in the affidavit of candidacy is within the
area represented by the office the candidate is seeking. If the filing officer determines
that the address is not within the area represented by the office, the filing officer must
immediately notify the candidate and the candidate's name must be removed from the
ballot for that office. A determination made by a filing officer under this paragraph is
subject to judicial review under section 204B.44.

(c) If the candidate requests that the candidate's address of residence be classified
as private data, the candidate must list the candidate's address of residence on a separate
form to be attached to the affidavit. The candidate must also certify on the affidavit that
a police report has been submitted or an order for protection has been issued in regard
to the safety of the candidate or the candidate's familynew text begin, or that the candidate's address is
otherwise private pursuant to Minnesota law
new text end. The address of residence provided by a
candidate who makes a request for classification on the candidate's affidavit of candidacy
and provides the certification required by this paragraph is classified as private data,
as defined in section 13.02, subdivision 12, but may be reviewed by the filing officer
as provided in this subdivision.

(d) The requirements of this subdivision do not apply to affidavits of candidacy for a
candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.

Sec. 21.

Minnesota Statutes 2014, section 204B.13, subdivision 1, is amended to read:


Subdivision 1.

Partisan office.

(a) A vacancy in nomination for a partisan office
must be filled in the manner provided by this section. A vacancy in nomination exists
for a partisan office when a major political party candidate who has been nominated in
accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1:

(1) dies;

(2) deleted text beginwithdraws as provided in section 204B.12, subdivision 1; or
deleted text end

deleted text begin (3)deleted text end withdraws by filing an affidavit of withdrawal, as provided in paragraph (b),
at least one day prior to the general election with the same official who received the
affidavit of candidacynew text begin; or
new text end

new text begin (3) is determined to be ineligible to hold the office the candidate is seeking, pursuant
to a court order issued under section 204B.44
new text end.

(b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that
the candidate has been diagnosed with a catastrophic illness that will permanently and
continuously incapacitate the candidate and prevent the candidate from performing the
duties of the office sought, if elected. The affidavit must be accompanied by a certificate
verifying the candidate's illness meets the requirements of this paragraph, signed by at
least two licensed physicians. The affidavit and certificate may be filed by the candidate
or the candidate's legal guardian.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to elections for which the candidate withdrawal period under section 204B.12,
subdivision 1, occurs on or after that date.
new text end

Sec. 22.

Minnesota Statutes 2014, section 204B.13, subdivision 2, is amended to read:


Subd. 2.

Partisan office; nomination by party; special election.

(a) Except as
provided in subdivision 5, a major political party may fill a vacancy in nomination of
that party's candidate as defined in subdivision 1, clause (1) deleted text beginordeleted text endnew text begin, (2), ornew text end (3), by filing one
nomination certificate with the same official who received the affidavits of candidacy
for that office.

A major political party may provide in its governing rules a procedure, including
designation of an appropriate committee, to fill a vacancy in nomination for any federal or
state partisan office. The nomination certificate shall be prepared under the direction of
and executed by the chair and secretary of the political party and filed within the timelines
established in this section. When filing the certificate the chair and secretary shall attach
an affidavit stating that the newly nominated candidate has been selected under the rules
of the party and that the individuals signing the certificate and making the affidavit are the
chair and secretary of the party.

(b) In the case of a vacancy in nomination for partisan office that occurs on or before
the 79th day before the general election, the major political party must file the nomination
certificate no later than 71 days before the general election. The name of the candidate
nominated by the party must appear on the general election ballot.

(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for
a partisan office that occurs after the 79th day before the general election, the general
election ballot shall remain unchanged, but the county and state canvassing boards must
not certify the vote totals for that office from the general election, and the office must be
filled at a special election held in accordance with this section. Except for the vacancy
in nomination, all other candidates whose names appeared on the general election ballot
for the office must appear on the special election ballot for the office. New affidavits of
candidacy or nominating petitions may not be accepted, and there must not be a primary to
fill the vacancy in nomination. The major political party may file a nomination certificate
as provided in paragraph (a) no later than seven days after the general election. On the
date of the general election, the county auditor or municipal clerk shall post a notice in
each precinct affected by a vacancy in nomination under this paragraph, informing voters
of the reason for the vacancy in nomination and the procedures for filling the vacancy in
nomination and conducting a special election as required by this section. The secretary
of state shall prepare and electronically distribute the notice to county auditors in each
county affected by a vacancy in nomination.

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2014, section 204B.13, subdivision 5, is amended to read:


Subd. 5.

Candidates for governor and lieutenant governor.

(a) If a vacancy in
nomination for a major political party occurs in the race for governor, the political party
must nominate the candidates for both governor and lieutenant governor. If a vacancy
in nomination for a major political party occurs in the race for lieutenant governor, the
candidate for governor shall select the candidate for lieutenant governor.

(b) For a vacancy in nomination for lieutenant governor that occurs on or before the
79th day before the general election, the name of the lieutenant governor candidate must
be submitted by the governor candidate to the filing officer no later than 71 days before
the general election. If the vacancy in nomination for lieutenant governor occurs after the
79th day before the general election, the candidate for governor shall submit the name of
the new lieutenant governor candidate to the secretary of state within seven days after the
vacancy in nomination occurs, but no changes may be made to the general election ballots.

(c) When a vacancy in nomination for lieutenant governor occurs after the 79th day
before the general election, the county auditor or municipal clerk shall post a notice in
each precinct affected by the vacancy in nomination. The secretary of state shall prepare
and electronically distribute the notice to county auditors. The county auditor must ensure
that each precinct in the county receives the notice prior to the opening of the polls on
election day. The notice must include:

(1) a statement that there is a vacancy in nomination for lieutenant governor and the
statutory reason for the vacancy in nomination as provided in subdivision 1, paragraph
(a), clauses (1) deleted text beginanddeleted text endnew text begin, (2), ornew text end (3);

(2) a statement that the results for the governor and lieutenant governor will be
counted and that no special election will be held for that race; and

(3) a list of all candidates in the governor and lieutenant governor's race, listed in order
of the base rotation. The listing of candidates shall include the name of the candidate to
fill the vacancy in nomination for lieutenant governor. If the name of the candidate has not
yet been named, then the list must include the date by which the candidate will be named.

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

Minnesota Statutes 2014, section 204B.131, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

A vacancy in nomination for a nonpartisan office
must be filled in the manner provided by this section. A vacancy in nomination for a
nonpartisan office exists when:

(1) a candidate for any nonpartisan office, for which one or two candidates filed,
withdraws as provided in section 204B.12, subdivision 1; deleted text beginor
deleted text end

new text begin (2) a candidate for any nonpartisan office, for which one or two candidates filed,
is determined to be ineligible to hold the office the candidate is seeking, pursuant to a
court order issued under section 204B.44; or
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end a candidate for any nonjudicial nonpartisan office, for which only one or two
candidates filed or who was nominated at a primary, dies on or before the 79th day before
the date of the general election.

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

Minnesota Statutes 2014, section 204B.19, subdivision 2, is amended to read:


Subd. 2.

Individuals not qualified to be election judges.

(a) Except as provided in
paragraph (b), no individual shall be appointed as an election judge for any precinct if
that individual:

(1) is unable to read, write, or speak the English language;

(2) is the spouse; parent, including a stepparent; child, including a stepchild; or
sibling, including a stepsibling; of any election judge serving in the same precinct or of
any candidate at that election; deleted text beginor
deleted text end

(3)new text begin is domiciled, either permanently or temporarily, with any candidate on the ballot
at that election; or
new text end

new text begin (4)new text end is a candidate at that election.

(b) Individuals who are related to each other as provided in paragraph (a), clause (2),
may serve as election judges in the same precinct, provided that they serve on separate
shifts that do not run concurrently.

Sec. 26.

Minnesota Statutes 2014, 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 residesnew text begin, or a county adjacent to the county in which the student residesnew 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. 27.

Minnesota Statutes 2014, section 204B.36, subdivision 1, is amended to read:


Subdivision 1.

Type.

All ballots shall be printed with black ink on paper of sufficient
thickness to prevent the printing from being discernible from the back. All ballots shall be
printed in easily readable type with suitable lines dividing candidates, offices, instructions
and other matter printed on ballots. deleted text beginThe name of each candidate shall be printed in capital
letters.
deleted text end The same type shall be used for the names of all candidates on the same ballot.

Sec. 28.

Minnesota Statutes 2014, section 204B.36, subdivision 2, is amended to read:


Subd. 2.

Candidates and offices.

The name of each candidate shall be printed at a
right angle to the length of the ballot. At a general election the name of the political party
or the political principle of each candidate for partisan office shall be printed above or
below the name of the candidate. The name of a political party or a political principle
shall be printed in capital and lowercase letters of the same type, with the capital letters
at least one-half the height of the capital letters used for names of the candidates. At a
general election, blank lines containing the words "write-in, if any" shall be printed below
the name of the last candidate for each office, or below the title of the office if no candidate
has filed for that office, so that a voter may write in the names of individuals whose names
are not on the ballot. One blank line shall be printed for each officer of that kind to be
elected. At a primary election, no blank lines shall be provided for writing in the names of
individuals whose names do not appear on the primary ballot.

On the left side of the ballot at the same level with the name of each candidate and
each blank line shall be printed deleted text begina squaredeleted text end new text beginan oval or similar target shape new text endin which the voter
may designate a vote by deleted text begina mark (X)deleted text endnew text begin filling in the oval or similar mark if a different target
shape is used
new text end. Each deleted text beginsquaredeleted text endnew text begin oval or target shapenew text end shall be the same size. Above the first
name on each ballot shall be deleted text beginprinted the words, "Put an (X) in the square opposite the
name of each candidate you wish to vote for." At the same level with these words and
directly above the squares shall be printed a small arrow pointing downward
deleted text endnew text begin instructions
for voting
new text end. Directly underneath the official title of each office shall be printed the words
"Vote for one" or "Vote for up to ..." (any greater number to be elected).

Sec. 29.

Minnesota Statutes 2014, section 204B.36, subdivision 3, is amended to read:


Subd. 3.

Question; form of ballot.

When a question is to be submitted to a vote, a
concise statement of the nature of the question shall be printed on the ballot. The words,
deleted text begin"YES"deleted text end new text begin"Yes" new text endand deleted text begin"NO"deleted text end new text begin"No" new text endshall be printed to the left of this statement, with deleted text begina square
deleted text endnew text beginan oval or similar target shape new text endto the left of each word so that the voter may indicate by
a mark deleted text begin(X)deleted text end either a negative or affirmative vote. The ballot shall include instructions
directing the voter to deleted text beginput an (X) in the squaredeleted text end new text beginfill in the oval or similar mark if a different
target shape is used,
new text endbefore the word deleted text begin"YES"deleted text end new text begin"Yes" new text endif the voter desires to vote for the
question, or to deleted text beginput an (X)deleted text end new text beginfill in the oval or similar mark if a different target shape is used,
new text endbefore the word deleted text begin"NO"deleted text end new text begin"No" new text endif the voter desires to vote against the question.

Sec. 30.

Minnesota Statutes 2014, section 204B.36, subdivision 4, is amended to read:


Subd. 4.

Judicial candidates.

The official ballot shall contain the names of all
candidates for each judicial office and shall state the number of those candidates for
whom a voter may vote. Each seat for an associate justice, associate judge, or judge of
the district court must be numbered. The words deleted text begin"SUPREME COURT," "COURT OF
APPEALS,"
deleted text end new text begin"Supreme Court," "Court of Appeals," new text endand deleted text begin"(number) DISTRICT COURT"
deleted text endnew text begin"(number) District Court" new text endmust be printed above the respective judicial office groups on
the ballot. The title of each judicial office shall be printed on the official primary and
general election ballot as follows:

(a) In the case of the Supreme Court:

"Chief justice";

"Associate justice (number)";

(b) In the case of the Court of Appeals:

"Judge (number)"; or

(c) In the case of the district court:

"Judge (number)."

Sec. 31.

Minnesota Statutes 2014, section 204B.44, is amended to read:


204B.44 ERRORS AND OMISSIONS; REMEDY.

Any individual may file a petition in the manner provided in this section for the
correction of any of the following errors, omissions, or wrongful acts which have occurred
or are about to occur:

(a) an error or omission in the placement or printing of the name or description of
any candidate or any question on any official ballotnew text begin, including the placement of a candidate
on the official ballot who is not eligible to hold the office for which the candidate has filed
new text end;

(b) any other error in preparing or printing any official ballot;

(c) failure of the chair or secretary of the proper committee of a major political party
to execute or file a certificate of nomination;

(d) any wrongful act, omission, or error of any election judge, municipal clerk,
county auditor, canvassing board or any of its members, the secretary of state, or any other
individual charged with any duty concerning an election.

The petition shall describe the error, omission, or wrongful act and the correction
sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in
the case of an election for state or federal office or any judge of the district court in that
county in the case of an election for county, municipal, or school district office. The
petitioner shall serve a copy of the petition on the officer, board or individual charged with
the error, omission, or wrongful act, on all candidates for the office in the case of an
election for state, federal, county, municipal, or school district office, and on any other
party as required by the court. Upon receipt of the petition the court shall immediately set
a time for a hearing on the matter and order the officer, board or individual charged with
the error, omission or wrongful act to correct the error or wrongful act or perform the duty
or show cause for not doing so.new text begin In the case of a review of a candidate's eligibility to hold
office, the court may order the candidate to appear and present sufficient evidence of the
candidate's eligibility.
new text end The court shall issue its findings and a final order for appropriate
relief as soon as possible after the hearing. Failure to obey the order is contempt of court.

new text begin EFFECTIVE DATE. new text end

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

Sec. 32.

Minnesota Statutes 2014, 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 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 deleted text beginfourthdeleted text endnew text begin seventhnew text end 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
resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

Sec. 33.

Minnesota Statutes 2014, section 204C.04, subdivision 2, is amended to read:


Subd. 2.

Elections covered.

For purposes of this section, "election" means a
regularly scheduled deleted text beginstate primary or generaldeleted text end election, an election to fill a vacancy in the
office of United States senator or United States representative,new text begin an election to fill a vacancy
in nomination for a constitutional office,
new text end or an election to fill a vacancy in the office of
state senator or state representative.

Sec. 34.

Minnesota Statutes 2014, section 204C.08, subdivision 1d, is amended to read:


Subd. 1d.

Voter's Bill of Rights.

The county auditor shall prepare and provide to
each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
forth in this section. Before the hours of voting are scheduled to begin, the election judges
shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
of Rights is as follows:

"VOTER'S BILL OF RIGHTS

For all persons residing in this state who meet federal voting eligibility requirements:

(1) You have the right to be absent from work for the purpose of voting in a state
deleted text beginordeleted text endnew text begin,new text end federalnew text begin, or regularly schedulednew text end election without reduction to your pay, personal leave,
or vacation time on election day for the time necessary to appear at your polling place,
cast a ballot, and return to work.

(2) If you are in line at your polling place any time before 8:00 p.m., you have the
right to vote.

(3) If you can provide the required proof of residence, you have the right to register
to vote and to vote on election day.

(4) If you are unable to sign your name, you have the right to orally confirm your
identity with an election judge and to direct another person to sign your name for you.

(5) You have the right to request special assistance when voting.

(6) If you need assistance, you may be accompanied into the voting booth by a
person of your choice, except by an agent of your employer or union or a candidate.

(7) You have the right to bring your minor children into the polling place and into
the voting booth with you.

(8) If you have been convicted of a felony but your felony sentence has expired (been
completed) or you have been discharged from your sentence, you have the right to vote.

(9) If you are under a guardianship, you have the right to vote, unless the court
order revokes your right to vote.

(10) You have the right to vote without anyone in the polling place trying to
influence your vote.

(11) If you make a mistake or spoil your ballot before it is submitted, you have the
right to receive a replacement ballot and vote.

(12) You have the right to file a written complaint at your polling place if you are
dissatisfied with the way an election is being run.

(13) You have the right to take a sample ballot into the voting booth with you.

(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
booth with you."

Sec. 35.

Minnesota Statutes 2014, section 204C.13, subdivision 2, is amended to read:


Subd. 2.

Voting booths.

One of the election judges shall explain to the voter the
proper method of marking deleted text beginand foldingdeleted text end the ballots and, during a primary election, the effect
of attempting to vote in more than one party's primary. Except as otherwise provided in
section 204C.15, the voter shall retire alone to an unoccupied voting booth or, at the
voter's discretion, the voter may choose to use another writing surface. The voter shall
mark the ballots without undue delay. The voter may take sample ballots into the booth to
assist in voting. The election judges may adopt and enforce reasonable rules governing the
amount of time a voter may spend in the voting booth marking ballots.

Sec. 36.

Minnesota Statutes 2014, section 204C.13, subdivision 3, is amended to read:


Subd. 3.

Marking ballots.

The voter shall mark each ballot in the following manner:

(a) deleted text beginA mark (X) shall be placed in the squaredeleted text end new text beginThe voter shall fill in the oval or similar
mark if a different target shape is used,
new text endopposite the printed name of each candidate for
whom the individual desires to vote, and in the deleted text beginsquaredeleted text end new text beginoval or other target shape new text endbefore the
deleted text begin"YES"deleted text end new text begin "Yes" new text endor deleted text begin"NO"deleted text end new text begin "No" new text endif the individual desires to vote for or against a question.

(b) The voter may write in other names on the lines provided under the printed
names of the candidates, except that no names shall be written in on primary ballots.

(c) At a state primary an individual may vote for candidates of only one major
political party on the partisan primary ballot. If a partisan primary ballot contains votes
for the candidates of more than one major political party, the ballot is totally defective and
no vote on the new text beginpartisan section of the new text endballot shall be counted.

(d) An individual who spoils a ballot may return it to the election judges and receive
another.

Sec. 37.

Minnesota Statutes 2014, section 204C.13, subdivision 5, is amended to read:


Subd. 5.

Deposit of ballots in ballot deleted text beginboxesdeleted text endnew text begin boxnew text end.

The voter shall then withdraw
from the voting booth with the ballots and deleted text beginhand them to the election judge in charge of
the ballot boxes. That election judge shall
deleted text end immediately deposit each ballot in the deleted text beginproper
deleted text endnew text beginballot new text endbox. Ballots that have not been initialed by the election judges as provided in
section 204C.09, shall not be deposited in the ballot box.

Sec. 38.

Minnesota Statutes 2014, section 204C.22, subdivision 3, is amended to read:


Subd. 3.

Votes for too many candidates.

If a voter places a mark deleted text begin(X)deleted text end beside the
names of more candidates for an office than are to be elected or nominated, the ballot is
defective with respect only to that office. No vote shall be counted for any candidate for
that office, but the rest of the ballot shall be counted if possible. At a primary, if a voter
has not indicated a party preference and places a mark deleted text begin(X)deleted text end beside the names of candidates
of more than one party on the partisan ballot, the ballot is totally defective and no votes on
it shall be counted. If a voter has indicated a party preference at a primary, only votes cast
for candidates of that party shall be counted.

Sec. 39.

Minnesota Statutes 2014, section 204C.22, subdivision 4, is amended to read:


Subd. 4.

Name written in proper place.

If a voter has written the name of an
individual in the proper place on a general or special election ballot a vote shall be counted
for that individual whether or not the voter makes a mark deleted text begin(X)deleted text end in the deleted text beginsquaredeleted text end new text beginoval or other
target shape
new text endopposite the blank.

Sec. 40.

Minnesota Statutes 2014, section 204C.22, subdivision 7, is amended to read:


Subd. 7.

All written names or marks counted up to limit.

If a number of
individuals are to be elected to the same office, the election judges shall count all names
written in and all printed names with deleted text begin(X)deleted text end marks in deleted text beginsquaresdeleted text end new text begin oval or other target shape
new text endopposite them, not exceeding the whole number to be elected. When fewer names than the
number to be elected are marked deleted text beginwith an (X)deleted text end or written in, only the marked or written in
names shall be counted. When more names than the number to be elected are marked or
written in, the ballot is defective with respect to that office and no vote shall be counted
for that office.

Sec. 41.

Minnesota Statutes 2014, section 204C.22, subdivision 10, is amended to read:


Subd. 10.

Different marks.

If a voter uniformly uses a mark deleted text beginother than (X) which
deleted text endnew text beginthat new text endclearly indicates an intent to mark a name or to mark yes or no on a question, and the
voter does not use deleted text begin(X)deleted text end new text begin the more standard mark new text endanywhere else on the ballot, a vote shall
be counted for each candidate or response to a question marked. If a voter uses two or
more distinct marks, such as (X) and some other mark, a vote shall be counted for each
candidate or response to a question marked, unless the ballot is marked by distinguishing
characteristics that make the entire ballot defective as provided in subdivision 13.

Sec. 42.

Minnesota Statutes 2014, section 204C.35, subdivision 1, is amended to read:


Subdivision 1.

Publicly funded recounts.

(a) In a state primary when the difference
between the votes cast for the candidates for nomination to:

(1) a state legislative office is less than one-half of one percent of the total number of
votes counted for that nomination or is ten votes or less and the total number of votes cast
for the nomination is 400 votes or less; or

(2) a statewide federal office, state constitutional office, statewide judicial office,
congressional office, or district judicial office is less than one-quarter of one percent of
the total number of votes counted for that nomination or is ten votes or less and the total
number of votes cast for the nomination is 400 votes or less;

and the difference determines the nomination, the canvassing board with responsibility
for declaring the results for that office shall manually recount the vote upon receiving a
written request from the candidate whose nomination is in question.

Immediately following the meeting of the board that has responsibility for
canvassing the results of the nomination, the filing officer must notify the candidate that
the candidate has the option to request a recount of the votes at no cost to the candidate.
This written request must be received by the filing officer no later than deleted text begin48 hoursdeleted text endnew text begin 5:00 p.m.
on the second day
new text end after the canvass of the primary for which the recount is being sought.

(b) In a state general election when the difference between the votes of a candidate
who would otherwise be declared elected to:

(1) a state legislative office is less than one-half of one percent of the total number of
votes counted for that office or is ten votes or less and the total number of votes cast for
the office is 400 votes or less; or

(2) a statewide federal office, state constitutional office, statewide judicial office,
congressional office, or district judicial office and the votes of any other candidate for that
office is less than one-quarter of one percent of the total number of votes counted for that
office or is ten votes or less if the total number of votes cast for the office is 400 votes or less,

the canvassing board shall manually recount the votes upon receiving a written request
from the candidate whose election is in question.

Immediately following the meeting of the board that has responsibility for canvassing
the results of the general election, the filing officer must notify the candidate that the
candidate has the option to request a recount of the votes at no cost to the candidate. This
written request must be received by the filing officer no later than deleted text begin48 hoursdeleted text endnew text begin 5:00 p.m. on
the second day
new text end after the canvass of the election for which the recount is being sought.

(c) A recount must not delay any other part of the canvass. The results of the recount
must be certified by the canvassing board as soon as possible.

(d) Time for notice of a contest for an office which is recounted pursuant to this section
shall begin to run upon certification of the results of the recount by the canvassing board.

Sec. 43.

Minnesota Statutes 2014, section 204C.35, subdivision 2, is amended to read:


Subd. 2.

Discretionary candidate recounts.

(a) A losing candidate whose
name was on the ballot for nomination or election to a statewide federal office, state
constitutional office, statewide judicial office, congressional office, state legislative office,
or district judicial office may request a recount in a manner provided in this section at the
candidate's own expense when the vote difference is greater than the difference required
by this section. The votes shall be manually recounted as provided in this section if the
candidate files a request during the time for filing notice of contest of the primary or
election for which a recount is sought.

(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in
an amount set by the filing officer for the payment of the recount expenses. The requesting
candidate is responsible for the following expenses: the compensation of the secretary of
state, or designees, and any election judge, municipal clerk, county auditor, administrator,
or other personnel who participate in the recount; necessary supplies and travel related to
the recount; the compensation of the appropriate canvassing board and costs of preparing
for the canvass of recount results; and any attorney fees incurred in connection with the
recount by the governing body responsible for the recount.

(c)new text begin A discretionary recount of a primary must not delay delivery of the notice of
nomination to the winning candidate under section 204C.32.
new text end

new text begin (d)new text end The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after these
precincts have been counted. If the candidate provides a list, the recount official must
determine the expenses for those precincts in the manner provided by paragraph (b).

new text begin (e) The results of the recount must be certified by the canvassing board as soon as
possible.
new text end

deleted text begin (d)deleted text endnew text begin (f)new text end If the winner of the race is changed by the optional recount, the cost of the
recount must be paid by the jurisdiction conducting the recount.

deleted text begin (e)deleted text endnew text begin (g)new text end If a result of the vote counting in the manual recount is different from the
result of the vote counting reported on election day by a margin greater than the standard
for acceptable performance of voting systems provided in section 206.89, subdivision 4,
the cost of the recount must be paid by the jurisdiction conducting the recount.

Sec. 44.

Minnesota Statutes 2014, 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 shall be
filed deleted text beginduring the time for notice of contest of the primary ordeleted text end new text begin by 5:00 p.m. on the fifth day
after the canvass of a primary or special primary or by 5:00 p.m. on the seventh day of the
canvass of a special or general
new text endelection 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. 45.

Minnesota Statutes 2014, section 204C.36, subdivision 2, is amended to read:


Subd. 2.

Discretionary candidate recounts.

(a) A losing candidate for nomination
or election to a county, municipal, or school district office may request a recount in the
manner provided in this section at the candidate's own expense when the vote difference is
greater than the difference required by subdivision 1, paragraphs (a) to (e). The votes shall
be manually recounted as provided in this section if the requesting candidate files with
the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an
amount set by the governing body of the jurisdiction or the school board of the school
district for the payment of the recount expenses.

(b) The requesting candidate may provide the filing officer with a list of up to three
precincts that are to be recounted first and may waive the balance of the recount after these
precincts have been counted. If the candidate provides a list, the recount official must
determine the expenses for those precincts in the manner provided by paragraph (b).

(c)new text begin A discretionary recount of a primary must not delay delivery of the notice of
nomination to the winning candidate under section 204C.32.
new text end

new text begin (d) The results of the recount must be certified by the canvassing board as soon as
possible.
new text end

new text begin (e)new text end If the winner of the race is changed by the optional recount, the cost of the
recount must be paid by the jurisdiction conducting the recount.

deleted text begin (d)deleted text endnew text begin (f)new text end If a result of the vote counting in the manual recount is different from the
result of the vote counting reported on election day by a margin greater than the standard
for acceptable performance of voting systems provided in section 206.89, subdivision 4,
the cost of the recount must be paid by the jurisdiction conducting the recount.

Sec. 46.

Minnesota Statutes 2014, section 204C.40, subdivision 2, is amended to read:


Subd. 2.

Time of issuance; certain offices.

No certificate of election shall be issued
until seven days after the canvassing board has declared the result of the election. deleted text beginIn case
of a contest, an election certificate shall not be issued until a court of proper jurisdiction
has finally determined the contest. This subdivision shall not apply to candidates elected
to the office of state senator or representative.
deleted text end

Sec. 47.

Minnesota Statutes 2014, section 204D.11, subdivision 4, is amended to read:


Subd. 4.

Special federal ballot.

(a) The names of all candidates for the offices
of president and vice-president of the United States and senator and representative in
Congress shall be placed on a ballot that shall be known as the "special federal ballot."

(b) This ballot shall be prepared by the county auditor in the same manner as the
state general election ballot and shall be subject to the rules adopted by the secretary of
state pursuant to subdivision 1. This ballot must be prepared and furnished in accordance
with the federal Uniformed and Overseas Citizens Absentee Voting Act, United States
Code, title deleted text begin42, section 1973ffdeleted text endnew text begin 52, sections 20301 to 20310new text end.

(c) The special federal ballot shall be the only ballot sent to citizens of the United
States who are eligible to vote by absentee ballot for federal candidates in Minnesota.

Sec. 48.

Minnesota Statutes 2014, section 204D.27, subdivision 11, is amended to read:


Subd. 11.

Certificate of legislative election.

A certificate of election in a special
election for state senator or state representative shall be issued by the secretary of state to
the deleted text beginindividual declared elected by the county or state canvassing boarddeleted text endnew text begin chief clerk of the
house or the secretary of the senate
new text end two days, excluding Sundays and legal holidays, after
the appropriate canvassing board finishes canvassing the returns for the election.

In case of a contest the certificate shall not be issued until the district court
determines the contest.

Sec. 49.

Minnesota Statutes 2014, section 205.13, subdivision 3, is amended to read:


Subd. 3.

Filing fees.

deleted text beginUnless the charter of a city provides the amount of the fee
for filing an application or affidavit of candidacy for city office
deleted text endnew text begin (a) Except as otherwise
provided in this section
new text end, the filing fee for a municipal office is as follows:

deleted text begin (a)deleted text endnew text begin (1)new text end in first class cities, $20;

deleted text begin (b)deleted text end new text begin(2) new text endin second and third class cities, $5; and

deleted text begin (c)deleted text end new text begin(3) new text endin fourth class cities and towns, $2.

new text begin (b) A home rule charter or statutory city may adopt, by ordinance, a filing fee of a
different amount not to exceed the following:
new text end

new text begin (1) in first class cities, $80;
new text end

new text begin (2) in second and third class cities, $40; and
new text end

new text begin (3) in fourth class cities, $15.
new text end

new text begin (c) A home rule charter city that sets filing fees by authority provided in city charter
is not subject to the fee limits in this section.
new text end

Sec. 50.

Minnesota Statutes 2014, section 205A.05, subdivision 1, is amended to read:


Subdivision 1.

Questions.

(a) Special elections must be held for a school district on
a question on which the voters are authorized by law to pass judgment. The school board
may on its own motion call a special election to vote on any matter requiring approval of
the voters of a district. Upon petition filed with the school board of 50 or more voters of
the school district or five percent of the number of voters voting at the preceding school
district general election, whichever is greater, the school board shall by resolution call
a special election to vote on any matter requiring approval of the voters of a district.
A question is carried only with the majority in its favor required by law. The election
officials for a special election are the same as for the most recent school district general
election unless changed according to law. Otherwise, special elections must be conducted
and the returns made in the manner provided for the school district general election.

(b) A special election may not be held:

(1) during the 56 days before and the 56 days after a regularly scheduled primary or
general election conducted wholly or partially within the school district;

(2) on the date of a regularly scheduled town electionnew text begin or annual meetingnew text end in March
conducted wholly or partially within the school district; or

(3) during the 30 days before or the 30 days after a regularly scheduled town election
in March conducted wholly or partially within the school district.

(c) Notwithstanding any other law to the contrary, the time period in which a special
election must be conducted under any other law may be extended by the school board to
conform with the requirements of this subdivision.

Sec. 51.

Minnesota Statutes 2014, 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. In odd-numbered years
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: deleted text begin"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."
deleted text end new text begin"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."
new text endIf 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: deleted text begin"ADDITIONAL POLITICAL PARTIES ARE PRINTED ON
THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE POLITICAL PARTY ONLY."
deleted text endnew text begin"Additional political parties are printed on the other side of this ballot. Vote for one
political party only."
new text endAt the bottom of each political party column on the primary ballot,
the ballot must contain a statement that reads substantially as follows: deleted text begin"CONTINUE
VOTING ON THE NONPARTISAN BALLOT."
deleted text end new text begin"Continue voting on the nonpartisan
ballot."
new text endThe 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. 52.

Minnesota Statutes 2014, 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 resides.

If the contest relates to a constitutional amendment deleted text beginor other question voted on
statewide
deleted text end, 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. 53.

Minnesota Statutes 2014, section 209.021, subdivision 3, is amended to read:


Subd. 3.

Notice served on parties.

In all contests relating to the nomination or
election of a candidate, the notice of contest must be served on the candidate who is
the contestee, a copy of the notice must be sent to the contestee's last known address
by certified mail, and a copy must be furnished to the official authorized to issue the
certificate of election. If personal or substituted service on the contestee cannot be made,
an affidavit of the attempt by the person attempting to make service and the affidavit of
the person who sent a copy of the notice to the contestee by certified mail is sufficient to
confer jurisdiction upon the court to decide the contest.

If the contest relates to a constitutional amendment deleted text beginor other question voted on
statewide or voted on in more than one county
deleted text end, notice of contest must be served on the
secretary of state, who is the contestee. If a contest relates to a question voted on within
only one county, school district, or municipality, a copy of the notice of contest must be
served on the county auditor, clerk of the school district, or municipal clerk, respectively,
who is the contestee. If the contest is upon the question of consolidation or reorganization
of a school district, a copy of the notice of contest must be served on the county auditor
authorized by law to issue the order.

Sec. 54.

Minnesota Statutes 2014, section 209.09, subdivision 2, is amended to read:


Subd. 2.

Statewide offices and questions.

Section 209.10, subdivision 4, applies to
a contest regarding a statewide officedeleted text begin,deleted text end new text beginornew text end a constitutional amendmentdeleted text begin, or other question
voted on statewide
deleted text end. A copy of the Supreme Court's decision must be forwarded to the
contestant and the contestee.

Sec. 55.

Minnesota Statutes 2014, section 365.22, subdivision 2, is amended to read:


Subd. 2.

Questions, ballot details.

The questions to be voted on must be separately
stated on the ballots, as worded in section 365.21. Two deleted text beginsquaresdeleted text endnew text begin ovals or similar target
shapes
new text end, one above the other, must be put just below each question with the word "yes"
beside the upper deleted text beginsquaredeleted text endnew text begin target shapenew text end and the word "no" beside the lower deleted text beginsquaredeleted text endnew text begin target shapenew text end.

Sec. 56.

Minnesota Statutes 2014, section 365.22, subdivision 3, is amended to read:


Subd. 3.

Voting.

An elector must vote separately on each question for the elector's
vote to be counted on that question. To vote "yes" on a question, the elector shall deleted text beginmark an
"X" in the square
deleted text endnew text begin fill in the oval or similar target shapenew text end beside the word "yes" just below
the question. To vote "no" on a question, the elector shall deleted text beginmark an "X" in the squaredeleted text endnew text begin fill in
the oval or similar target shape
new text end beside the word "no" just below the question.

Sec. 57.

Minnesota Statutes 2014, section 367.31, subdivision 4, is amended to read:


Subd. 4.

Election; form of ballot.

The proposals for adoption of the options shall
be stated on the ballot substantially as follows:

"Shall option A, providing for a five-member town board of supervisors, be adopted
for the government of the town?"

"Shall option B, providing for the appointment of the clerk and treasurer by the town
board, be adopted for the government of the town?"

"Shall option C, providing for the appointment of a town administrator by the town
board, be adopted for the government of the town?"

"Shall option D, providing for combining the offices of clerk and treasurer, be
adopted for the government of the town?"

If a proposal under option B is to appoint only the clerk or only the treasurer, or if it
is to appoint the combined clerk-treasurer following the adoption of option D or when
submitted simultaneously with the ballot question for option D, the ballot question shall be
varied to read appropriately. If an option B ballot question is submitted for the combined
clerk-treasurer office at the same election in which option D is also on the ballot, the
ballot must note that the approval of option B is contingent on the simultaneous approval
of option D. In any of these cases, the question shall be followed by the words "Yes"
and "No" with an appropriate deleted text beginsquaredeleted text endnew text begin oval or similar target shapenew text end before each in which
an elector may record a choice.

Sec. 58.

Minnesota Statutes 2014, section 368.85, subdivision 4, is amended to read:


Subd. 4.

Ballot.

The town board shall provide ballots which shall read "Shall
the territory described in the resolution adopted by the town board on the ......... day of
............., ......., constitute a special fire protection district?" The question shall be followed
with a line with the word "Yes" and deleted text begina squaredeleted text endnew text begin an oval or similar target shapenew text end after it and
another line with the word "No" and deleted text begina squaredeleted text endnew text begin an oval or similar target shapenew text end after it. The
voters shall indicate their choice by placing a deleted text begincrossdeleted text end mark in one of the deleted text beginsquaresdeleted text endnew text begin target
shapes
new text end, and a direction to so indicate their choice shall be printed on the ballot.

Sec. 59.

Minnesota Statutes 2014, section 376.04, is amended to read:


376.04 ELECTION, SEPARATE BALLOT.

The question of purchasing and constructing hospital buildings shall be submitted
to the voters of any county at a general election deleted text beginand placed upon a separate ballotdeleted text end. This
election must be called by a resolution of the county board. The resolution must state the
time of the election, that a county hospital is proposed to be established, the proposed
location, and the cost, including equipment, for not more than the amount stated in the
resolution. When the resolutions are passed, the county auditor shall immediately notify
each town or city clerk in the county that the question of constructing hospital buildings
will be voted upon at the time stated in the resolution, in the manner provided under the
state election laws.

The ballot must be in the following form:

"For the purchase and construction of hospital buildings, including equipment, to
be located at ............... (state location), at a cost not more than .............. (state amount),
pursuant to the resolution of the board of county commissioners passed .................. (state
date).

Yes
.
No
.
"

new text begin To the left of new text endeach of the last two words, "yes" and "no," shall be deleted text beginfollowed by a
square in which the voter may indicate by a mark (X) either a negative or affirmative vote
deleted text endnew text beginprinted an oval or similar target shape so that the voter may indicate by a mark either a
negative or affirmative vote
new text end. These votes shall be cast in the same manner as votes cast at
the general election and counted by the same officers. Returns must be made to the county
auditor, and canvassed in the same manner as the returns on county officers.

Sec. 60.

Minnesota Statutes 2014, section 412.551, subdivision 2, is amended to read:


Subd. 2.

Form of ballot.

The proposals for the adoption of optional plans shall be
stated on the ballot substantially as follows:

"Shall Optional Plan A, modifying the standard plan of city government by
providing for the appointment by the council of the clerk and treasurer be adopted for the
government of the city?"

"Shall Optional Plan B, providing for the council-manager form of city government,
be adopted for the government of the city?"

If the city has combined the offices of clerk and treasurer, the word "clerk-treasurer"
shall be substituted for the words "clerk and treasurer" in the question on the ballot on
adoption of Optional Plan A. In any of these cases, the question shall be followed by the
words, "Yes" and "No" with an deleted text beginappropriate square before each in which a voter may
record a choice
deleted text endnew text begin oval or similar target shape to the left of each word so that the voter may
indicate by a mark either a negative or affirmative vote
new text end.

Sec. 61. new text beginELECTIONS EMERGENCY PLANNING TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The Elections Emergency Planning Task Force
consists of the following members:
new text end

new text begin (1) the director of the Department of Public Safety, Division of Homeland Security
and Emergency Management, or designee;
new text end

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

new text begin (3) one individual designated by the secretary of state, from the elections division in
the Office of the Secretary of State;
new text end

new text begin (4) one individual appointed by the Minnesota State Council on Disability;
new text end

new text begin (5) the Minnesota Adjutant General, or designee;
new text end

new text begin (6) one county auditor, appointed by the Minnesota Association of County Officers;
new text end

new text begin (7) one local professional emergency manager, appointed by the Association of
Minnesota Emergency Managers;
new text end

new text begin (8) one town election official, appointed by the Minnesota Association of Townships;
new text end

new text begin (9) one city election official, appointed by the League of Minnesota Cities;
new text end

new text begin (10) one school district election official, appointed by the Minnesota School Boards
Association;
new text end

new text begin (11) one representative appointed by the speaker of the house of representatives;
new text end

new text begin (12) one representative appointed by the minority leader of the house of
representatives;
new text end

new text begin (13) one senator appointed by the senate majority leader; and
new text end

new text begin (14) one senator appointed by the senate minority leader.
new text end

new text begin (b) Any vacancy shall be filled by appointment of the appointing authority for the
vacating member.
new text end

new text begin (c) Members shall be appointed by July 1, 2015.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The task force must research the following issues:
new text end

new text begin (1) potential emergency scenarios that could impact elections;
new text end

new text begin (2) current capacity and authority to address emergency situations;
new text end

new text begin (3) potential direct and indirect costs of an emergency that disrupts elections;
new text end

new text begin (4) maintaining ballot security in event of an emergency;
new text end

new text begin (5) continuity of operations procedures; and
new text end

new text begin (6) communications plans and key emergency contacts.
new text end

new text begin Subd. 3. new text end

new text begin First meeting; chair. new text end

new text begin The secretary of state, or the secretary's designee,
must convene the initial meeting of the task force by August 1, 2015. The members of
the task force must elect a chair and vice-chair from the members of the task force at the
first meeting.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Public members of the task force shall be compensated
pursuant to Minnesota Statutes, section 15.059, subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Staff. new text end

new text begin The Legislative Coordinating Commission shall provide staff
support, as needed, to facilitate the task force's work.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin The task force must submit a report by January 1, 2016, to the
chairs and ranking minority members of the committees in the senate and house of
representatives with primary jurisdiction over elections, summarizing its findings and
listing recommendations for the development of elections emergency plans statewide. The
report shall include draft legislation to implement the recommendations of the task force.
new text end

new text begin Subd. 7. new text end

new text begin Sunset. new text end

new text begin The task force shall sunset the day following the submission of the
report under subdivision 6, or January 1, 2016, whichever is earlier.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 62. new text beginAPPROPRIATION.
new text end

new text begin $22,000 is appropriated from the general fund to the Legislative Coordinating
Commission in fiscal year 2016 for the purposes of the Elections Emergency Planning
Task Force established in section 61.
new text end

Sec. 63. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 123B.09, subdivision 5; 204B.14, subdivision 6;
204C.13, subdivision 4; 204C.30, subdivision 1; and 383A.555,
new text end new text begin are repealed.
new text end

ARTICLE 2

UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT

Section 1.

Minnesota Statutes 2014, section 204B.07, subdivision 2, is amended to read:


Subd. 2.

Petitions for presidential electorsnew text begin and alternatesnew text end.

This subdivision
does not apply to candidates for presidential electornew text begin or alternatenew text end nominated by major
political parties. Major party candidates for presidential electornew text begin or alternatenew text end are certified
under section 208.03. Other presidential electorsnew text begin or alternatesnew text end are nominated by petition
pursuant to this section. On petitions nominating presidential electorsnew text begin or alternatesnew text end, the
names of the candidates for president and vice-president shall be added to the political
party or political principle stated on the petition. One petition may be filed to nominate a
slate of presidential electors equal in number to the number of electors to which the state
is entitlednew text begin and an alternate for each elector nomineenew text end.

Sec. 2.

Minnesota Statutes 2014, section 208.02, is amended to read:


208.02 ELECTION OF PRESIDENTIAL ELECTORSnew text begin AND ALTERNATESnew text end.

Presidential electorsnew text begin and alternatesnew text end shall be chosen at the state general election held
in the year preceding the expiration of the term of the president of the United States.

Sec. 3.

Minnesota Statutes 2014, section 208.03, is amended to read:


208.03 NOMINATION OF PRESIDENTIAL ELECTORSnew text begin AND
ALTERNATES
new text end.

Presidential electorsnew text begin and alternatesnew text end for the major political parties of this state shall be
nominated by delegate conventions called and held under the supervision of the respective
state central committees of the parties of this state. At least 71 days before the general
election day the chair of the major political party shall certify to the secretary of state
the names of the persons nominated as presidential electors, the names of deleted text begineightdeleted text endnew text begin persons
nominated as
new text end alternate presidential electors, and the names of the party candidates for
president and vice president. The chair shall also certify that the party candidates for
president and vice president have no affidavit on file as a candidate for any office in
this state at the ensuing general election.

Sec. 4.

Minnesota Statutes 2014, section 208.06, is amended to read:


208.06 ELECTORSnew text begin AND ALTERNATESnew text end TO MEET AT STATE CAPITOLdeleted text begin;
FILLING OF VACANCIES
deleted text end.

The presidential electors and alternate presidential electors, before 12:00 M. on the
day before that fixed by Congress for the electors to vote for president and vice president
of the United States, shall notify the governor that they are at the State Capitol and ready
at the proper time to fulfill their duties as electors. The governor shall deliver to the
electors present a certificate of the names of all the electors. deleted text beginIf any elector named therein
fails to appear before 9:00 a.m. on the day, and at the place, fixed for voting for president
and vice president of the United States, an alternate, chosen from among the alternates by
lot, shall be appointed to act for that elector. If more than eight alternates are necessary,
the electors present shall, in the presence of the governor, immediately elect by ballot a
person to fill the vacancy. If more than the number of persons required have the highest
and an equal number of votes, the governor, in the presence of the electors attending, shall
decide by lot which of those persons shall be elected
deleted text endnew text begin The electors shall meet at 12:00 p.m.
in the executive chamber of the State Capitol and shall perform all the duties imposed
upon them as electors by the Constitution and laws of the United States and this state
in the manner provided in section 208.46
new text end.

Sec. 5.

new text begin [208.40] SHORT TITLE.
new text end

new text begin Sections 208.40 to 208.48 may be cited as the "Uniform Faithful Presidential
Electors Act."
new text end

Sec. 6.

new text begin [208.41] DEFINITIONS.
new text end

new text begin (a) The definitions in this section apply to sections 208.40 to 208.48.
new text end

new text begin (b) "Cast" means accepted by the secretary of state in accordance with section
208.46, paragraph (b).
new text end

new text begin (c) "Elector" means an individual selected as a presidential elector under this chapter.
new text end

new text begin (d) "President" means the president of the United States.
new text end

new text begin (e) "Unaffiliated presidential candidate" means a candidate for president who
qualifies for the general election ballot in this state by means other than nomination by a
political party.
new text end

new text begin (f) "Vice president" means the vice president of the United States.
new text end

Sec. 7.

new text begin [208.42] DESIGNATION OF STATE'S ELECTORS.
new text end

new text begin For each elector position in this state, a political party contesting the position, or
an unaffiliated presidential candidate, shall submit to the secretary of state the names of
two qualified individuals. One of the individuals must be designated "elector nominee"
and the other "alternate elector nominee."
new text end

new text begin Except as otherwise provided in sections 208.44 to 208.47, this state's electors are
the winning elector nominees under the laws of this state.
new text end

Sec. 8.

new text begin [208.43] PLEDGE.
new text end

new text begin Each elector nominee and alternate elector nominee of a political party shall execute
the following pledge: "If selected for the position of elector, I agree to serve and to mark
my ballots for president and vice president for the nominees for those offices of the party
that nominated me." Each elector nominee and alternate elector nominee of an unaffiliated
presidential candidate shall execute the following pledge: "If selected for the position
of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and
to mark my ballots for that candidate and for that candidate's vice-presidential running
mate." The executed pledges must accompany the submission of the corresponding names
to the secretary of state.
new text end

Sec. 9.

new text begin [208.44] CERTIFICATION OF ELECTORS.
new text end

new text begin In submitting this state's certificate of ascertainment as required by United States
Code, title 3, section 6, the governor shall certify this state's electors and state in the
certificate that:
new text end

new text begin (1) the electors will serve as electors unless a vacancy occurs in the office of elector
before the end of the meeting at which elector votes are cast, in which case a substitute
elector will fill the vacancy; and
new text end

new text begin (2) if a substitute elector is appointed to fill a vacancy, the governor will submit an
amended certificate of ascertainment stating the names on the final list of this state's
electors.
new text end

Sec. 10.

new text begin [208.45] PRESIDING OFFICER; ELECTOR VACANCY.
new text end

new text begin (a) The secretary of state shall preside at the meeting of electors described in section
208.06.
new text end

new text begin (b) The position of an elector not present to vote is vacant. The secretary of state
shall appoint an individual as a substitute elector to fill a vacancy as follows:
new text end

new text begin (1) if the alternate elector is present to vote, by appointing the alternate elector
for the vacant position;
new text end

new text begin (2) if the alternate elector for the vacant position is not present to vote, by appointing
an elector chosen by lot from among the alternate electors present to vote who were
nominated by the same political party or unaffiliated presidential candidate;
new text end

new text begin (3) if the number of alternate electors present to vote is insufficient to fill any
vacant position pursuant to clauses (1) and (2), by appointing any immediately available
individual who is qualified to serve as an elector and chosen through nomination by a
plurality vote of the remaining electors, including nomination and vote by a single elector
if only one remains;
new text end

new text begin (4) if there is a tie between at least two nominees for substitute elector in a vote
conducted under clause (3), by appointing an elector chosen by lot from among those
nominees; or
new text end

new text begin (5) if all elector positions are vacant and cannot be filled pursuant to clauses (1) to
(4), by appointing a single presidential elector, with remaining vacant positions to be filled
under clause (3) and, if necessary, clause (4).
new text end

new text begin (c) To qualify as a substitute elector under paragraph (b), an individual who has not
executed the pledge required under section 208.43 shall execute the following pledge: "I
agree to serve and to mark my ballots for president and vice president consistent with the
pledge of the individual to whose elector position I have succeeded."
new text end

Sec. 11.

new text begin [208.46] ELECTOR VOTING.
new text end

new text begin (a) At the time designated for elector voting in section 208.06, and after all vacant
positions have been filled under section 208.45, the secretary of state shall provide each
elector with a presidential and a vice-presidential ballot. The elector shall mark the
elector's presidential and vice-presidential ballots with the elector's votes for the offices
of president and vice president, respectively, along with the elector's signature and the
elector's legibly printed name.
new text end

new text begin (b) Except as otherwise provided by law of this state other than this chapter, each
elector shall present both completed ballots to the secretary of state, who shall examine
the ballots and accept as cast all ballots of electors whose votes are consistent with their
pledges executed under section 208.43 or 208.45, paragraph (c). Except as otherwise
provided by law of this state other than this chapter, the secretary of state may not accept
and may not count either an elector's presidential or vice-presidential ballot if the elector
has not marked both ballots or has marked a ballot in violation of the elector's pledge.
new text end

new text begin (c) An elector who refuses to present a ballot, presents an unmarked ballot, or
presents a ballot marked in violation of the elector's pledge executed under section 208.43
or 208.45, paragraph (c), vacates the office of elector, creating a vacant position to be
filled under section 208.45.
new text end

new text begin (d) The secretary of state shall distribute ballots to and collect ballots from a
substitute elector and repeat the process under this section of examining ballots, declaring
and filling vacant positions as required, and recording appropriately completed ballots from
the substituted electors, until all of this state's electoral votes have been cast and recorded.
new text end

Sec. 12.

new text begin [208.47] ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES.
new text end

new text begin (a) After the vote of this state's electors is completed, if the final list of electors
differs from any list that the governor previously included on a certificate of ascertainment
prepared and transmitted under United States Code, title 3, section 6, the secretary of state
immediately shall prepare an amended certificate of ascertainment and transmit it to
the governor for the governor's signature.
new text end

new text begin (b) The governor immediately shall deliver the signed amended certificate of
ascertainment to the secretary of state and a signed duplicate original of the amended
certificate of ascertainment to all individuals entitled to receive this state's certificate of
ascertainment, indicating that the amended certificate of ascertainment is to be substituted
for the certificate of ascertainment previously submitted.
new text end

new text begin (c) The secretary of state shall prepare a certificate of vote. The electors on the final
list shall sign the certificate. The secretary of state shall process and transmit the signed
certificate with the amended certificate of ascertainment under United States Code, title
3, sections 9, 10, and 11.
new text end

Sec. 13.

new text begin [208.48] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
new text end

new text begin In applying and construing sections 208.40 to 208.48, consideration must be given
to the need to promote uniformity of the law with respect to their subject matter among
states that enact the Uniform Faithful Presidential Electors Act or similar law.
new text end

Sec. 14.

Minnesota Statutes 2014, section 209.01, subdivision 2, is amended to read:


Subd. 2.

Statewide office.

For purposes of this chapternew text begin,new text end "statewide office" means the
office of governor, lieutenant governor, attorney general, state auditor, secretary of state,
chief justice or associate justice of the Supreme Court, judge of the Court of Appeals,
United States senator, or presidential electornew text begin or alternatenew text end.

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 208.07; and 208.08, new text end new text begin are repealed.
new text end