SF 455

Conference Committee Report - 89th Legislature (2015 - 2016) Posted on 05/17/2015 03:17pm

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 455

1.2A bill for an act

1.3relating to elections; modifying various provisions related to election
1.4administration, including provisions related to school districts, voters, ballots,
1.5candidates, political party designation, military and overseas voting, and other
1.6election-related provisions; establishing the Elections Emergency Planning
1.7Task Force; enacting the Uniform Faithful Presidential Electors Act; amending
1.8voter registration procedures; restoring right to vote upon release from
1.9incarceration for a felony offense; providing for early voting; requiring use of
1.10actual address for redistricting purposes; making conforming changes; making
1.11technical changes; appropriating money;amending Minnesota Statutes 2014,
1.12sections 13.607, by adding a subdivision; 103C.311, subdivision 2; 123B.09,
1.13subdivision 1, by adding a subdivision; 200.02, subdivisions 7, 23, by adding
1.14subdivisions; 201.014, by adding a subdivision; 201.022, subdivision 1; 201.054,
1.15subdivisions 1, 2; 201.061, by adding a subdivision; 201.071, subdivision
1.161; 201.091, subdivision 4; 201.12, subdivisions 2, 3; 201.13, subdivision 3;
1.17201.14; 201.157; 201.158; 201.161; 203B.001; 203B.01, subdivision 3, by
1.18adding a subdivision; 203B.03, subdivision 1; 203B.05, subdivision 1; 203B.07,
1.19subdivision 1; 203B.08, subdivisions 1, 3; 203B.081; 203B.085; 203B.121,
1.20subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 203B.16, subdivisions 1,
1.212; 203B.17, subdivisions 1, 2; 204B.06, subdivision 1b; 204B.07, subdivision
1.222; 204B.145; 204B.19, subdivisions 2, 6; 204B.28, subdivision 2; 204B.36,
1.23subdivisions 1, 2, 3, 4; 204B.45, subdivisions 1, 2; 204C.04, subdivision 2;
1.24204C.08, subdivision 1d; 204C.10; 204C.13, subdivisions 2, 3, 5; 204C.15,
1.25subdivision 1; 204C.22, subdivisions 3, 4, 7, 10; 204C.35, subdivisions 1, 2;
1.26204C.36, subdivisions 1, 2; 204C.40, subdivision 2; 204D.11, subdivision 4;
1.27204D.27, subdivision 11; 205.13, subdivision 3; 205.84, subdivision 1; 206.82,
1.28subdivision 1; 206.83; 206.90, subdivision 6; 208.02; 208.03; 208.06; 209.01,
1.29subdivision 2; 209.021, subdivisions 2, 3; 209.09, subdivision 2; 365.22,
1.30subdivisions 2, 3; 367.31, subdivision 4; 368.85, subdivision 4; 375.025,
1.31subdivision 1; 375A.09, subdivision 4; 376.04; 383B.68, subdivision 4; 412.551,
1.32subdivision 2; 473.123, subdivision 3a; 609.165, subdivision 1; proposing coding
1.33for new law in Minnesota Statutes, chapters 123B; 201; 203B; 208; 241; 243;
1.34repealing Minnesota Statutes 2014, sections 123B.09, subdivision 5; 201.155;
1.35201.275; 204B.14, subdivision 6; 204C.13, subdivision 4; 204C.30, subdivision
1.361; 208.07; 208.08; 383A.555.
1.37May 17, 2015
1.38The Honorable Sandra L. Pappas
1.39President of the Senate
1.40The Honorable Kurt L. Daudt
2.1Speaker of the House of Representatives
2.2We, the undersigned conferees for S.F. No. 455 report that we have agreed upon the
2.3items in dispute and recommend as follows:
2.4That the House recede from its amendments and that S.F. No. 455 be further
2.5amended as follows:
2.6Delete everything after the enacting clause and insert:

2.7"ARTICLE 1

2.8ELECTION ADMINISTRATION

2.9    Section 1. Minnesota Statutes 2014, section 123B.09, subdivision 1, is amended to read:
2.10    Subdivision 1. School board membership. The care, management, and control of
2.11independent districts is vested in a board of directors, to be known as the school board.
2.12The term of office of a member shall be four years commencing on the first Monday in
2.13January and until a successor qualifies. The membership of the board shall consist of six
2.14elected directors together with such ex officio member as may be provided by law. The
2.15board may submit to the electors at any school election the question whether the board
2.16shall consist of seven members. If a majority of those voting on the proposition favor a
2.17seven-member board, a seventh member shall be elected at the next election of directors
2.18for a four-year term and thereafter the board shall consist of seven members.
2.19Those districts with a seven-member board may submit to the electors at any school
2.20election at least 150 days before the next election of three members of the board the
2.21question whether the board shall consist of six members. If a majority of those voting on
2.22the proposition favor a six-member board instead of a seven-member board, two three
2.23members instead of three four members shall be elected at the next election of the board of
2.24directors and thereafter the board shall consist of six members.

2.25    Sec. 2. Minnesota Statutes 2014, section 123B.09, is amended by adding a subdivision
2.26to read:
2.27    Subd. 5a. Vacancies. A vacancy other than a vacancy described in subdivision 4
2.28must be filled pursuant to section 123B.095.

2.29    Sec. 3. [123B.095] VACANCY IN OFFICE OF SCHOOL BOARD MEMBER.
2.30    Subdivision 1. Option for filling vacancies; special election. (a) Except as
2.31provided in section 123B.09, subdivision 4, a vacancy in the office of school board may be
2.32filled as provided in this subdivision and subdivision 2, or as provided in subdivision 3. If
2.33the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a
3.1special election. The school board may by resolution call for a special election to be held
3.2according to the earliest of the following time schedules:
3.3(1) not less than 120 days following the date the vacancy is declared, but no later
3.4than 12 weeks prior to the date of the next regularly scheduled primary election;
3.5(2) concurrently with the next regularly scheduled primary election and general
3.6election; or
3.7(3) no sooner than 120 days following the next regularly scheduled general election.
3.8(b) The person elected at the special election shall take office immediately after
3.9receipt of the certificate of election and upon filing the bond and taking the oath of office
3.10and shall serve the remainder of the unexpired term.
3.11    Subd. 2. When victor seated immediately. If a vacancy for which a special
3.12election is required occurs less than 120 days before the general election preceding the
3.13end of the term, the vacancy shall be filled by the person elected at that election for the
3.14ensuing term who shall take office immediately after receiving the certificate of election,
3.15filing the bond and taking the oath of office.
3.16    Subd. 3. Vacancies of less than one year; appointment option. Except as provided
3.17in section 123B.09, subdivision 4, and as an alternative to the procedure provided in
3.18subdivisions 1 and 2, any other vacancy in the office of school board member may be
3.19filled by board appointment at a regular or special meeting. The appointment shall be
3.20evidenced by a resolution entered in the minutes and shall continue until an election is
3.21held under this subdivision. All elections to fill vacancies shall be for the unexpired term.
3.22If one year or more remains in the unexpired term, a special election must be held under
3.23subdivision 1. If less than one year remains in the unexpired term, the school board may
3.24appoint a person to fill the vacancy for the remainder of the unexpired term, unless the
3.25vacancy occurs within 90 days of the next school district general election, in which case
3.26an appointment shall not be made and the vacancy must be filled at the general election.
3.27The person elected to fill a vacancy at the general election takes office immediately in the
3.28same manner as for a special election under subdivision 1, and serves the remainder of the
3.29unexpired term and the new term for which the election was otherwise held.
3.30    Subd. 4. School board vacancy appointment; public hearing. Before making an
3.31appointment to fill a vacancy under subdivision 3, the school board must hold a public
3.32hearing not more than 30 days after the vacancy occurs with public notice given in the
3.33same manner as for a special meeting of the school board. At the public hearing, the board
3.34must invite public testimony from persons residing in the district in which the vacancy
3.35occurs relating to the qualifications of prospective appointees to fill the vacancy. Before
3.36making an appointment, the board also must notify public officials in the school district
4.1on the appointment, including county commissioners, town supervisors, and city council
4.2members, and must enter into the record at the board meeting in which the appointment is
4.3made the names and addresses of the public officials notified. If, after the public hearing,
4.4the board is unable or decides not to make an appointment under subdivision 3, it must
4.5hold a special election under subdivision 1, but the time period in which the election must
4.6be held begins to run from the date of the public hearing.

4.7    Sec. 4. Minnesota Statutes 2014, section 200.02, subdivision 7, is amended to read:
4.8    Subd. 7. Major political party. (a) "Major political party" means a political party
4.9that maintains a party organization in the state, political division or precinct in question
4.10and that has presented at least one candidate for election to the office of:
4.11(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
4.12general at the last preceding state general election for those offices; or
4.13(2) presidential elector or U.S. senator at the last preceding state general election for
4.14presidential electors; and
4.15whose candidate received votes in each county in that election and received votes
4.16from not less than five percent of the total number of individuals who voted in that election.
4.17(b) "Major political party" also means a political party that maintains a party
4.18organization in the state, political subdivision, or precinct in question and that has
4.19presented at least 45 candidates for election to the office of state representative, 23
4.20candidates for election to the office of state senator, four candidates for election to
4.21the office of representative in Congress, and one candidate for election to each of the
4.22following offices: governor and lieutenant governor, attorney general, secretary of state,
4.23and state auditor, at the last preceding state general election for those offices.
4.24(c) "Major political party" also means a political party that maintains a party
4.25organization in the state, political subdivision, or precinct in question and whose members
4.26present to the secretary of state at any time before the close of filing for the state partisan
4.27primary ballot a petition for a place on the state partisan primary ballot, which petition
4.28contains valid signatures of a number of the party members equal to at least five percent
4.29of the total number of individuals who voted in the preceding state general election. A
4.30signature is valid only if signed no more than one year prior to the date the petition was filed.
4.31(d) A political party whose candidate receives a sufficient number of votes at a state
4.32general election described in paragraph (a) or a political party that presents candidates at
4.33an election as required by paragraph (b) becomes a major political party as of January
4.341 following that election and retains its major party status for at least two state general
4.35elections even if the party fails to present a candidate who receives the number and
5.1percentage of votes required under paragraph (a) or fails to present candidates as required
5.2by paragraph (b) at subsequent state general elections.
5.3(e) A major political party whose candidates fail to receive the number and
5.4percentage of votes required under paragraph (a) and that fails to present candidates as
5.5required by paragraph (b) at each of two consecutive state general elections described by
5.6paragraph (a) or (b), respectively, loses major party status as of December 31 following
5.7the later of the two consecutive state general elections.

5.8    Sec. 5. Minnesota Statutes 2014, section 200.02, subdivision 23, is amended to read:
5.9    Subd. 23. Minor political party. (a) "Minor political party" means a political party
5.10that has adopted a state constitution, designated a state party chair, held a state convention
5.11in the last two years, filed with the secretary of state no later than December 31 following
5.12the most recent state general election a certification that the party has met the foregoing
5.13requirements, and met the requirements of paragraph (b) or (e), as applicable.
5.14(b) To be considered a minor party in all elections statewide, the political party must
5.15have presented at least one candidate for election to the office of:
5.16(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
5.17general, at the last preceding state general election for those offices; or
5.18(2) presidential elector or U.S. senator at the preceding state general election for
5.19presidential electors; and
5.20(3) who received votes in each county that in the aggregate equal at least one percent
5.21of the total number of individuals who voted in the election, or its members must have
5.22presented to the secretary of state at any time before the close of filing for the state
5.23partisan primary ballot a nominating petition in a form prescribed by the secretary of state
5.24containing the valid signatures of party members in a number equal to at least one percent
5.25of the total number of individuals who voted in the preceding state general election. A
5.26signature is valid only if signed no more than one year prior to the date the petition was filed.
5.27(c) A political party whose candidate receives a sufficient number of votes at a
5.28state general election described in paragraph (b) becomes a minor political party as of
5.29January 1 following that election and retains its minor party status for at least two state
5.30general elections even if the party fails to present a candidate who receives the number
5.31and percentage of votes required under paragraph (b) at subsequent state general elections.
5.32(d) A minor political party whose candidates fail to receive the number and
5.33percentage of votes required under paragraph (b) at each of two consecutive state general
5.34elections described by paragraph (b) loses minor party status as of December 31 following
5.35the later of the two consecutive state general elections.
6.1(e) A minor party that qualifies to be a major party loses its status as a minor party
6.2at the time it becomes a major party. Votes received by the candidates of a major party
6.3must be counted in determining whether the party received sufficient votes to qualify as a
6.4minor party, notwithstanding that the party does not receive sufficient votes to retain its
6.5major party status. To be considered a minor party in an election in a legislative district,
6.6the political party must have presented at least one candidate for a legislative office in that
6.7district who received votes from at least ten percent of the total number of individuals
6.8who voted for that office, or its members must have presented to the secretary of state a
6.9nominating petition in a form prescribed by the secretary of state containing the valid
6.10signatures of party members in a number equal to at least ten percent of the total number of
6.11individuals who voted in the preceding state general election for that legislative office. A
6.12signature is valid only if signed no more than one year prior to the date the petition was filed.

6.13    Sec. 6. Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision
6.14to read:
6.15    Subd. 27. Partisan offices. "Partisan offices" means federal offices, presidential
6.16electors, constitutional offices, and legislative offices.

6.17    Sec. 7. Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision
6.18to read:
6.19    Subd. 28. Nonpartisan offices. "Nonpartisan offices" means all judicial, county,
6.20municipal, school district, and special district offices.

6.21    Sec. 8. Minnesota Statutes 2014, section 201.071, subdivision 1, is amended to read:
6.22    Subdivision 1. Form. Both paper and electronic voter registration applications must
6.23contain the same information unless otherwise provided by law. A voter registration
6.24application must contain spaces for the following required information: voter's first name,
6.25middle name, and last name; voter's previous name, if any; voter's current address; voter's
6.26previous address, if any; voter's date of birth; voter's municipality and county of residence;
6.27voter's telephone number, if provided by the voter; date of registration; current and valid
6.28Minnesota driver's license number or Minnesota state identification number, or if the voter
6.29has no current and valid Minnesota driver's license or Minnesota state identification, the
6.30last four digits of the voter's Social Security number; and voter's signature. The paper
6.31registration application may include the voter's e-mail address, if provided by the voter.
6.32The electronic voter registration application must include the voter's e-mail address. The
6.33registration application may include the voter's interest in serving as an election judge,
7.1if indicated by the voter. The application must also contain the following certification
7.2of voter eligibility:
7.3"I certify that I:
7.4(1) will be at least 18 years old on election day;
7.5(2) am a citizen of the United States;
7.6(3) will have resided in Minnesota for 20 days immediately preceding election day;
7.7(4) maintain residence at the address given on the registration form;
7.8(5) am not under court-ordered guardianship in which the court order revokes my
7.9right to vote;
7.10(6) have not been found by a court to be legally incompetent to vote;
7.11(7) have the right to vote because, if I have been convicted of a felony, my felony
7.12sentence has expired (been completed) or I have been discharged from my sentence; and
7.13(8) have read and understand the following statement: that giving false information
7.14is a felony punishable by not more than five years imprisonment or a fine of not more
7.15than $10,000, or both."
7.16The certification must include boxes for the voter to respond to the following
7.17questions:
7.18"(1) Are you a citizen of the United States?" and
7.19"(2) Will you be 18 years old on or before election day?"
7.20And the instruction:
7.21"If you checked 'no' to either of these questions, do not complete this form."
7.22A paper voter registration application must be of suitable size and weight for
7.23mailing. The form of the voter registration application and the certification of voter
7.24eligibility must be as provided in this subdivision and approved by the secretary of state.
7.25Voter registration forms authorized by the National Voter Registration Act must also be
7.26accepted as valid. The federal postcard application form must also be accepted as valid if
7.27it is not deficient and the voter is eligible to register in Minnesota.
7.28An individual may use a voter registration application to apply to register to vote in
7.29Minnesota or to change information on an existing registration.

7.30    Sec. 9. Minnesota Statutes 2014, section 201.158, is amended to read:
7.31201.158 USE OF DEPARTMENT OF PUBLIC SAFETY DATA.
7.32As required by the Help America Vote Act of 2002, Public Law 107-252, the
7.33commissioner of public safety shall make electronic data on citizenship available to the
7.34secretary of state. The secretary of state must determine whether the data newly indicates
7.35that any individuals who have active records in the statewide voter registration system
8.1are not citizens. The secretary of state shall prepare a list of those voters for each county
8.2auditor at least monthly. The county auditor shall change the status of those registrants in
8.3the statewide voter registration system to reflect that they are challenged based upon their
8.4citizenship and must notify the county attorney.
8.5In 2010, the secretary of state must make the determination and provide lists
8.6to the county auditors between 30 and 60 days before the general election and again
8.7between six and ten weeks after the election. In 2011, the secretary of state must make
8.8this determination again as part of the annual list maintenance. By August 1, 2012, the
8.9secretary of state must provide electronic lists to the counties at least monthly.

8.10    Sec. 10. Minnesota Statutes 2014, section 201.275, is amended to read:
8.11201.275 INVESTIGATIONS; PROSECUTIONS.
8.12(a) A law enforcement agency that is notified by affidavit of an alleged violation of
8.13this chapter shall promptly investigate. Upon receiving an affidavit alleging a violation
8.14of this chapter, a county attorney shall promptly forward it to a law enforcement agency
8.15with jurisdiction for investigation. If there is probable cause for instituting a prosecution,
8.16the county attorney shall proceed by complaint or present the charge, with whatever
8.17evidence has been found, to the grand jury according to the generally applicable standards
8.18regarding the prosecutorial functions and duties of a county attorney, provided that
8.19the county attorney is not required to proceed with the prosecution if the complainant
8.20withdraws the allegation. A county attorney who refuses or intentionally fails to faithfully
8.21perform this or any other duty imposed by this chapter is guilty of a misdemeanor and
8.22upon conviction shall forfeit office. The county attorney, under the penalty of forfeiture of
8.23office, shall prosecute all violations of this chapter except violations of this section; if,
8.24however, a complainant withdraws an allegation under this chapter, the county attorney is
8.25not required to proceed with the prosecution.
8.26(b) Willful violation of this chapter by any public employee constitutes just cause for
8.27suspension without pay or dismissal of the public employee.
8.28(c) Where the matter relates to a voter registration application submitted
8.29electronically through the secure Web site established in section 201.061, subdivision 1,
8.30alleged violations of this chapter may be investigated and prosecuted in the county in
8.31which the individual registered or attempted to register.
8.32EFFECTIVE DATE.This section is effective the day following final enactment.

8.33    Sec. 11. Minnesota Statutes 2014, section 203B.01, subdivision 3, is amended to read:
9.1    Subd. 3. Military. "Military" means the Army, Navy, Air Force, Marine Corps,
9.2Coast Guard or Merchant Marine of the United States, and all other uniformed services as
9.3defined in United States Code, title 42, section 1973ff-6 52, section 20310, and military
9.4forces as defined by section 190.05, subdivision 3.

9.5    Sec. 12. Minnesota Statutes 2014, section 203B.07, subdivision 1, is amended to read:
9.6    Subdivision 1. Delivery of envelopes, directions. The county auditor or the
9.7municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
9.8a copy of the directions for casting an absentee ballot to each applicant whose application
9.9for absentee ballots is accepted pursuant to section 203B.04. The county auditor or
9.10municipal clerk shall provide first class postage for the return envelope. The directions
9.11for casting an absentee ballot shall be printed in at least 14-point bold type with heavy
9.12leading and may be printed on the ballot envelope. When a person requests the directions
9.13in Braille or on cassette tape audio file, the county auditor or municipal clerk shall provide
9.14them in the form requested. The secretary of state shall prepare Braille and cassette audio
9.15file copies and make them available.
9.16    When a voter registration application is sent to the applicant as provided in section
9.17203B.06, subdivision 4 , the directions or registration application shall include instructions
9.18for registering to vote.

9.19    Sec. 13. Minnesota Statutes 2014, section 203B.08, subdivision 1, is amended to read:
9.20    Subdivision 1. Marking and return by voter. An eligible voter who receives
9.21absentee ballots as provided in this chapter shall mark them in the manner specified in the
9.22directions for casting the absentee ballots. The return envelope containing marked ballots
9.23may be mailed as provided in the directions for casting the absentee ballots or may be
9.24left with the county auditor or municipal clerk who transmitted the absentee ballots to the
9.25voter. If delivered in person by an agent, the return envelope must be submitted to the
9.26county auditor or municipal clerk by 3:00 p.m. on election day.
9.27The voter may designate an agent to deliver in person the sealed absentee ballot
9.28return envelope to the county auditor or municipal clerk or to deposit the return envelope
9.29in the mail. An agent may deliver or mail the return envelopes of not more than three
9.30voters in any election. Any person designated as an agent who tampers with either the
9.31return envelope or the voted ballots or does not immediately mail or deliver the return
9.32envelope to the county auditor or municipal clerk is guilty of a misdemeanor.

9.33    Sec. 14. Minnesota Statutes 2014, section 203B.08, subdivision 3, is amended to read:
10.1    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
10.2county auditor or municipal clerk, that official shall stamp or initial and date the return
10.3envelope and place it in a secure location with other return envelopes received by that
10.4office. Within five days after receipt, the county auditor or municipal clerk shall deliver to
10.5the ballot board all ballots received, except that during the 14 days immediately preceding
10.6an election, the county auditor or municipal clerk shall deliver all ballots received to the
10.7ballot board within three days. Ballots received on election day either (1) after 3:00 p.m.,
10.8if delivered by an agent in person; or (2) after the last mail delivery 8 p.m., if delivered by
10.9another method mail or a package delivery service, shall be marked as received late by the
10.10county auditor or municipal clerk, and must not be delivered to the ballot board.

10.11    Sec. 15. Minnesota Statutes 2014, section 203B.121, subdivision 2, is amended to read:
10.12    Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot
10.13board shall take possession of all return envelopes delivered to them in accordance with
10.14section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district
10.15clerk, two or more members of the ballot board shall examine each return envelope and
10.16shall mark it accepted or rejected in the manner provided in this subdivision. Election
10.17judges performing the duties in this section must be of different major political parties,
10.18unless they are exempt from that requirement under section 205.075, subdivision 4, or
10.19section 205A.10, subdivision 2.
10.20(b) The members of the ballot board shall mark the return envelope "Accepted" and
10.21initial or sign the return envelope below the word "Accepted" if a majority of the members
10.22of the ballot board examining the envelope are satisfied that:
10.23(1) the voter's name and address on the return envelope are the same as the
10.24information provided on the absentee ballot application;
10.25(2) the voter signed the certification on the envelope;
10.26(3) the voter's Minnesota driver's license, state identification number, or the last four
10.27digits of the voter's Social Security number are the same as the a number provided on the
10.28voter's absentee ballot application for ballots or voter record. If the number does not
10.29match the number as submitted on the application, or if a number was not submitted on
10.30the application, the election judges must compare the signature provided by the applicant
10.31to determine whether the ballots were returned by the same person to whom they were
10.32transmitted;
10.33(4) the voter is registered and eligible to vote in the precinct or has included a
10.34properly completed voter registration application in the return envelope;
11.1(5) the certificate has been completed as prescribed in the directions for casting an
11.2absentee ballot; and
11.3(6) the voter has not already voted at that election, either in person or, if it is after the
11.4close of business on the seventh day before the election, by absentee ballot.
11.5The return envelope from accepted ballots must be preserved and returned to the
11.6county auditor.
11.7(c)(1) If a majority of the members of the ballot board examining a return envelope
11.8find that an absentee voter has failed to meet one of the requirements provided in
11.9paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the
11.10word "Rejected," list the reason for the rejection on the envelope, and return it to the
11.11county auditor. There is no other reason for rejecting an absentee ballot beyond those
11.12permitted by this section. Failure to place the ballot within the security envelope before
11.13placing it in the outer white envelope is not a reason to reject an absentee ballot.
11.14(2) If an envelope has been rejected at least five days before the election, the
11.15envelope must remain sealed and the official in charge of the ballot board shall provide the
11.16voter with a replacement absentee ballot and return envelope in place of the rejected ballot.
11.17(3) If an envelope is rejected within five days of the election, the envelope must
11.18remain sealed and the official in charge of the ballot board must attempt to contact the
11.19voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
11.20The official must document the attempts made to contact the voter.
11.21(d) The official in charge of the absentee ballot board must mail the voter a written
11.22notice of absentee ballot rejection between six and ten weeks following the election. If the
11.23official determines that the voter has otherwise cast a ballot in the election, no notice is
11.24required. If an absentee ballot arrives after the deadline for submission provided by this
11.25chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A
11.26notice of absentee ballot rejection must contain the following information:
11.27(1) the date on which the absentee ballot was rejected or, if the ballot was received
11.28after the required deadline for submission, the date on which the ballot was received;
11.29(2) the reason for rejection; and
11.30(3) the name of the appropriate election official to whom the voter may direct further
11.31questions, along with appropriate contact information.
11.32(e) An absentee ballot return envelope marked "Rejected" may not be opened or
11.33subject to further review except in an election contest filed pursuant to chapter 209.

11.34    Sec. 16. Minnesota Statutes 2014, section 203B.16, subdivision 1, is amended to read:
12.1    Subdivision 1. Military service; temporary residence outside United States.
12.2Sections 203B.16 to 203B.27 provide alternative voting procedures for eligible voters who
12.3are absent from the precinct where they maintain residence because they are:
12.4(1) either in the military or the spouses or dependents of individuals serving in
12.5the military; or
12.6(2) temporarily outside the territorial limits of the United States.
12.7Sections 203B.16 to 203B.27 are intended to implement the federal Uniformed and
12.8Overseas Citizens Absentee Voting Act, United States Code, title 42, section 1973ff 52,
12.9sections 20301 to 20310.

12.10    Sec. 17. Minnesota Statutes 2014, section 203B.16, subdivision 2, is amended to read:
12.11    Subd. 2. Indefinite residence outside United States. Sections 203B.16 to
12.12203B.27 provide the exclusive voting procedure for United States citizens who are living
12.13indefinitely outside the territorial limits of the United States who meet all the qualifications
12.14of an eligible voter except residence in Minnesota, but who are authorized by federal law
12.15to vote in Minnesota because they or, if they have never resided in the United States,
12.16a parent maintained residence in Minnesota for at least 20 days immediately prior to
12.17their departure from the United States. Individuals described in this subdivision shall be
12.18permitted to vote only for the offices of president, vice-president, senator in Congress,
12.19and representative in Congress.

12.20    Sec. 18. Minnesota Statutes 2014, section 203B.17, subdivision 1, is amended to read:
12.21    Subdivision 1. Submission of application. (a) An application for absentee ballots
12.22for a voter described in section 203B.16 must be in writing and may be submitted in
12.23person, by mail, by electronic facsimile device, by electronic mail, or electronically
12.24through a secure Web site that shall be maintained by the secretary of state for this
12.25purpose, upon determination by the secretary of state that security concerns have been
12.26adequately addressed. An application for absentee ballots for a voter described in section
12.27203B.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother, or
12.28child over the age of 18 years. For purposes of an application under this subdivision, a
12.29person's Social Security number, no matter how it is designated, qualifies as the person's
12.30military identification number if the person is in the military.
12.31(b) An application for a voter described in section 203B.16, subdivision 1, shall be
12.32submitted to the county auditor of the county where the voter maintains residence or
12.33through the secure Web site maintained by the secretary of state.
13.1(c) An application for a voter described in section 203B.16, subdivision 2, shall be
13.2submitted to the county auditor of the county where the voter or the voter's parent last
13.3maintained residence in Minnesota or through the secure Web site maintained by the
13.4secretary of state.
13.5(d) An application for absentee ballots shall be valid for any primary, special
13.6primary, general election, or special election from the time the application is received
13.7through the end of that calendar year.
13.8(e) There shall be no limitation of time for filing and receiving applications for
13.9ballots under sections 203B.16 to 203B.27.

13.10    Sec. 19. Minnesota Statutes 2014, section 203B.17, subdivision 2, is amended to read:
13.11    Subd. 2. Required information. An application shall be accepted if it contains the
13.12following information stated under oath:
13.13    (a) the voter's name, birthdate, and present address of residence in Minnesota, or
13.14former address of residence or parent's former address of residence in Minnesota if the
13.15voter is living permanently outside the United States;
13.16    (b) a statement indicating that the voter is in the military, or is the spouse or
13.17dependent of an individual serving in the military, or is temporarily outside the territorial
13.18limits of the United States, or is living permanently outside the territorial limits of the
13.19United States and voting under federal law;
13.20    (c) a statement that the voter expects to be absent from the precinct at the time
13.21of the election;
13.22    (d) the address to which absentee ballots are to be mailed;
13.23    (e) the voter's signature or the signature and relationship of the individual authorized
13.24to apply on the voter's behalf;
13.25    (f) the voter's passport number, Minnesota driver's license or state identification card
13.26number, or the last four digits of the voter's Social Security number; if the voter does not
13.27have access to any of these documents, the voter or other individual requesting absentee
13.28ballots may attest to the truthfulness of the contents of the application under penalty
13.29of perjury; and
13.30    (g) the voter's e-mail address, if the application was submitted electronically through
13.31the secure Web site maintained by the secretary of state.
13.32Notwithstanding paragraph (f), an application submitted through the secretary of state's
13.33Web site must include the voter's verifiable Minnesota driver's license number, Minnesota
13.34state identification card number, or the last four digits of the voter's Social Security
13.35number, and may only be transmitted to the county auditor for processing if the secretary
14.1of state has verified the application information matches the information in a government
14.2database associated with the applicant's driver's license number, state identification card
14.3number, or Social Security number. The secretary of state must review all unverifiable
14.4applications for evidence of suspicious activity and must forward any such application to
14.5an appropriate law enforcement agency for investigation.

14.6    Sec. 20. Minnesota Statutes 2014, section 204B.06, subdivision 1b, is amended to read:
14.7    Subd. 1b. Address and telephone number. (a) An affidavit of candidacy must
14.8state a telephone number where the candidate can be contacted. An affidavit must also
14.9state the candidate's address of residence as determined under section 200.031, or at the
14.10candidate's request in accordance with paragraph (c), the candidate's campaign contact
14.11address. The form for the affidavit of candidacy must allow the candidate to request, if
14.12eligible, that the candidate's address of residence be classified as private data, and to
14.13provide the certification required under paragraph (c) for classification of that address.
14.14(b) For an office whose residency requirement must be satisfied by the close of the
14.15filing period, a registered voter in this state may request in writing that the filing officer
14.16receiving the affidavit of candidacy review the address as provided in this paragraph, at
14.17any time up to one day after the last day for filing for office. If requested, the filing officer
14.18must determine whether the address provided in the affidavit of candidacy is within the
14.19area represented by the office the candidate is seeking. If the filing officer determines
14.20that the address is not within the area represented by the office, the filing officer must
14.21immediately notify the candidate and the candidate's name must be removed from the
14.22ballot for that office. A determination made by a filing officer under this paragraph is
14.23subject to judicial review under section 204B.44.
14.24(c) If the candidate requests that the candidate's address of residence be classified
14.25as private data, the candidate must list the candidate's address of residence on a separate
14.26form to be attached to the affidavit. The candidate must also certify on the affidavit that
14.27a police report has been submitted or an order for protection has been issued in regard
14.28to the safety of the candidate or the candidate's family, or that the candidate's address is
14.29otherwise private pursuant to Minnesota law. The address of residence provided by a
14.30candidate who makes a request for classification on the candidate's affidavit of candidacy
14.31and provides the certification required by this paragraph is classified as private data,
14.32as defined in section 13.02, subdivision 12, but may be reviewed by the filing officer
14.33as provided in this subdivision.
14.34(d) The requirements of this subdivision do not apply to affidavits of candidacy for a
14.35candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.

15.1    Sec. 21. Minnesota Statutes 2014, section 204B.13, subdivision 1, is amended to read:
15.2    Subdivision 1. Partisan office. (a) A vacancy in nomination for a partisan office
15.3must be filled in the manner provided by this section. A vacancy in nomination exists
15.4for a partisan office when a major political party candidate who has been nominated in
15.5accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1:
15.6(1) dies;
15.7(2) withdraws as provided in section 204B.12, subdivision 1; or
15.8(3) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b),
15.9at least one day prior to the general election with the same official who received the
15.10affidavit of candidacy; or
15.11(3) is determined to be ineligible to hold the office the candidate is seeking, pursuant
15.12to a court order issued under section 204B.44.
15.13(b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that
15.14the candidate has been diagnosed with a catastrophic illness that will permanently and
15.15continuously incapacitate the candidate and prevent the candidate from performing the
15.16duties of the office sought, if elected. The affidavit must be accompanied by a certificate
15.17verifying the candidate's illness meets the requirements of this paragraph, signed by at
15.18least two licensed physicians. The affidavit and certificate may be filed by the candidate
15.19or the candidate's legal guardian.
15.20EFFECTIVE DATE.This section is effective the day following final enactment,
15.21and applies to elections for which the candidate withdrawal period under section 204B.12,
15.22subdivision 1, occurs on or after that date.

15.23    Sec. 22. Minnesota Statutes 2014, section 204B.13, subdivision 2, is amended to read:
15.24    Subd. 2. Partisan office; nomination by party; special election. (a) Except as
15.25provided in subdivision 5, a major political party may fill a vacancy in nomination of
15.26that party's candidate as defined in subdivision 1, clause (1) or, (2), or (3), by filing one
15.27nomination certificate with the same official who received the affidavits of candidacy
15.28for that office.
15.29A major political party may provide in its governing rules a procedure, including
15.30designation of an appropriate committee, to fill a vacancy in nomination for any federal or
15.31state partisan office. The nomination certificate shall be prepared under the direction of
15.32and executed by the chair and secretary of the political party and filed within the timelines
15.33established in this section. When filing the certificate the chair and secretary shall attach
15.34an affidavit stating that the newly nominated candidate has been selected under the rules
16.1of the party and that the individuals signing the certificate and making the affidavit are the
16.2chair and secretary of the party.
16.3(b) In the case of a vacancy in nomination for partisan office that occurs on or before
16.4the 79th day before the general election, the major political party must file the nomination
16.5certificate no later than 71 days before the general election. The name of the candidate
16.6nominated by the party must appear on the general election ballot.
16.7(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for
16.8a partisan office that occurs after the 79th day before the general election, the general
16.9election ballot shall remain unchanged, but the county and state canvassing boards must
16.10not certify the vote totals for that office from the general election, and the office must be
16.11filled at a special election held in accordance with this section. Except for the vacancy
16.12in nomination, all other candidates whose names appeared on the general election ballot
16.13for the office must appear on the special election ballot for the office. New affidavits of
16.14candidacy or nominating petitions may not be accepted, and there must not be a primary to
16.15fill the vacancy in nomination. The major political party may file a nomination certificate
16.16as provided in paragraph (a) no later than seven days after the general election. On the
16.17date of the general election, the county auditor or municipal clerk shall post a notice in
16.18each precinct affected by a vacancy in nomination under this paragraph, informing voters
16.19of the reason for the vacancy in nomination and the procedures for filling the vacancy in
16.20nomination and conducting a special election as required by this section. The secretary
16.21of state shall prepare and electronically distribute the notice to county auditors in each
16.22county affected by a vacancy in nomination.
16.23EFFECTIVE DATE.This section is effective the day following final enactment.

16.24    Sec. 23. Minnesota Statutes 2014, section 204B.13, subdivision 5, is amended to read:
16.25    Subd. 5. Candidates for governor and lieutenant governor. (a) If a vacancy in
16.26nomination for a major political party occurs in the race for governor, the political party
16.27must nominate the candidates for both governor and lieutenant governor. If a vacancy
16.28in nomination for a major political party occurs in the race for lieutenant governor, the
16.29candidate for governor shall select the candidate for lieutenant governor.
16.30(b) For a vacancy in nomination for lieutenant governor that occurs on or before the
16.3179th day before the general election, the name of the lieutenant governor candidate must
16.32be submitted by the governor candidate to the filing officer no later than 71 days before
16.33the general election. If the vacancy in nomination for lieutenant governor occurs after the
16.3479th day before the general election, the candidate for governor shall submit the name of
17.1the new lieutenant governor candidate to the secretary of state within seven days after the
17.2vacancy in nomination occurs, but no changes may be made to the general election ballots.
17.3(c) When a vacancy in nomination for lieutenant governor occurs after the 79th day
17.4before the general election, the county auditor or municipal clerk shall post a notice in
17.5each precinct affected by the vacancy in nomination. The secretary of state shall prepare
17.6and electronically distribute the notice to county auditors. The county auditor must ensure
17.7that each precinct in the county receives the notice prior to the opening of the polls on
17.8election day. The notice must include:
17.9(1) a statement that there is a vacancy in nomination for lieutenant governor and the
17.10statutory reason for the vacancy in nomination as provided in subdivision 1, paragraph
17.11(a), clauses (1) and, (2), or (3);
17.12(2) a statement that the results for the governor and lieutenant governor will be
17.13counted and that no special election will be held for that race; and
17.14(3) a list of all candidates in the governor and lieutenant governor's race, listed in order
17.15of the base rotation. The listing of candidates shall include the name of the candidate to
17.16fill the vacancy in nomination for lieutenant governor. If the name of the candidate has not
17.17yet been named, then the list must include the date by which the candidate will be named.
17.18EFFECTIVE DATE.This section is effective the day following final enactment.

17.19    Sec. 24. Minnesota Statutes 2014, section 204B.131, subdivision 1, is amended to read:
17.20    Subdivision 1. Applicability. A vacancy in nomination for a nonpartisan office
17.21must be filled in the manner provided by this section. A vacancy in nomination for a
17.22nonpartisan office exists when:
17.23(1) a candidate for any nonpartisan office, for which one or two candidates filed,
17.24withdraws as provided in section 204B.12, subdivision 1; or
17.25(2) a candidate for any nonpartisan office, for which one or two candidates filed,
17.26is determined to be ineligible to hold the office the candidate is seeking, pursuant to a
17.27court order issued under section 204B.44; or
17.28(2) (3) a candidate for any nonjudicial nonpartisan office, for which only one or two
17.29candidates filed or who was nominated at a primary, dies on or before the 79th day before
17.30the date of the general election.
17.31EFFECTIVE DATE.This section is effective the day following final enactment.

17.32    Sec. 25. Minnesota Statutes 2014, section 204B.19, subdivision 2, is amended to read:
18.1    Subd. 2. Individuals not qualified to be election judges. (a) Except as provided in
18.2paragraph (b), no individual shall be appointed as an election judge for any precinct if
18.3that individual:
18.4(1) is unable to read, write, or speak the English language;
18.5(2) is the spouse; parent, including a stepparent; child, including a stepchild; or
18.6sibling, including a stepsibling; of any election judge serving in the same precinct or of
18.7any candidate at that election; or
18.8(3) is domiciled, either permanently or temporarily, with any candidate on the ballot
18.9at that election; or
18.10(4) is a candidate at that election.
18.11(b) Individuals who are related to each other as provided in paragraph (a), clause (2),
18.12may serve as election judges in the same precinct, provided that they serve on separate
18.13shifts that do not run concurrently.

18.14    Sec. 26. Minnesota Statutes 2014, section 204B.19, subdivision 6, is amended to read:
18.15    Subd. 6. High school students. Notwithstanding any other requirements of this
18.16section, a student enrolled in a high school in Minnesota or who is in a home school
18.17in compliance with sections 120A.22 and 120A.24, who has attained the age of 16 is
18.18eligible to be appointed as a without party affiliation trainee election judge in the county in
18.19which the student resides, or a county adjacent to the county in which the student resides.
18.20The student must meet qualifications for trainee election judges specified in rules of the
18.21secretary of state. A student appointed as a trainee election judge may be excused from
18.22school attendance during the hours that the student is serving as a trainee election judge
18.23if the student submits a written request signed and approved by the student's parent or
18.24guardian to be absent from school and a certificate from the appointing authority stating
18.25the hours during which the student will serve as a trainee election judge to the principal of
18.26the school at least ten days prior to the election. Students shall not serve as trainee election
18.27judges after 10:00 p.m. Notwithstanding section 177.24 to the contrary, trainee election
18.28judges may be paid not less than two-thirds of the minimum wage for a large employer.
18.29The principal of the school may approve a request to be absent from school conditioned
18.30on acceptable academic performance at the time of service as a trainee election judge.

18.31    Sec. 27. Minnesota Statutes 2014, section 204B.36, subdivision 1, is amended to read:
18.32    Subdivision 1. Type. All ballots shall be printed with black ink on paper of sufficient
18.33thickness to prevent the printing from being discernible from the back. All ballots shall be
18.34printed in easily readable type with suitable lines dividing candidates, offices, instructions
19.1and other matter printed on ballots. The name of each candidate shall be printed in capital
19.2letters. The same type shall be used for the names of all candidates on the same ballot.

19.3    Sec. 28. Minnesota Statutes 2014, section 204B.36, subdivision 2, is amended to read:
19.4    Subd. 2. Candidates and offices. The name of each candidate shall be printed at a
19.5right angle to the length of the ballot. At a general election the name of the political party
19.6or the political principle of each candidate for partisan office shall be printed above or
19.7below the name of the candidate. The name of a political party or a political principle
19.8shall be printed in capital and lowercase letters of the same type, with the capital letters
19.9at least one-half the height of the capital letters used for names of the candidates. At a
19.10general election, blank lines containing the words "write-in, if any" shall be printed below
19.11the name of the last candidate for each office, or below the title of the office if no candidate
19.12has filed for that office, so that a voter may write in the names of individuals whose names
19.13are not on the ballot. One blank line shall be printed for each officer of that kind to be
19.14elected. At a primary election, no blank lines shall be provided for writing in the names of
19.15individuals whose names do not appear on the primary ballot.
19.16On the left side of the ballot at the same level with the name of each candidate and
19.17each blank line shall be printed a square an oval or similar target shape in which the voter
19.18may designate a vote by a mark (X) filling in the oval or similar mark if a different target
19.19shape is used. Each square oval or target shape shall be the same size. Above the first
19.20name on each ballot shall be printed the words, "Put an (X) in the square opposite the
19.21name of each candidate you wish to vote for." At the same level with these words and
19.22directly above the squares shall be printed a small arrow pointing downward instructions
19.23for voting. Directly underneath the official title of each office shall be printed the words
19.24"Vote for one" or "Vote for up to ..." (any greater number to be elected).

19.25    Sec. 29. Minnesota Statutes 2014, section 204B.36, subdivision 3, is amended to read:
19.26    Subd. 3. Question; form of ballot. When a question is to be submitted to a vote, a
19.27concise statement of the nature of the question shall be printed on the ballot. The words,
19.28"YES" "Yes" and "NO" "No" shall be printed to the left of this statement, with a square
19.29an oval or similar target shape to the left of each word so that the voter may indicate by
19.30a mark (X) either a negative or affirmative vote. The ballot shall include instructions
19.31directing the voter to put an (X) in the square fill in the oval or similar mark if a different
19.32target shape is used, before the word "YES" "Yes" if the voter desires to vote for the
19.33question, or to put an (X) fill in the oval or similar mark if a different target shape is used,
19.34before the word "NO" "No" if the voter desires to vote against the question.

20.1    Sec. 30. Minnesota Statutes 2014, section 204B.36, subdivision 4, is amended to read:
20.2    Subd. 4. Judicial candidates. The official ballot shall contain the names of all
20.3candidates for each judicial office and shall state the number of those candidates for
20.4whom a voter may vote. Each seat for an associate justice, associate judge, or judge of
20.5the district court must be numbered. The words "SUPREME COURT," "COURT OF
20.6APPEALS," "Supreme Court," "Court of Appeals," and "(number) DISTRICT COURT"
20.7"(number) District Court" must be printed above the respective judicial office groups on
20.8the ballot. The title of each judicial office shall be printed on the official primary and
20.9general election ballot as follows:
20.10(a) In the case of the Supreme Court:
20.11"Chief justice";
20.12"Associate justice (number)";
20.13(b) In the case of the Court of Appeals:
20.14"Judge (number)"; or
20.15(c) In the case of the district court:
20.16"Judge (number)."

20.17    Sec. 31. Minnesota Statutes 2014, section 204B.44, is amended to read:
20.18204B.44 ERRORS AND OMISSIONS; REMEDY.
20.19Any individual may file a petition in the manner provided in this section for the
20.20correction of any of the following errors, omissions, or wrongful acts which have occurred
20.21or are about to occur:
20.22(a) an error or omission in the placement or printing of the name or description of
20.23any candidate or any question on any official ballot, including the placement of a candidate
20.24on the official ballot who is not eligible to hold the office for which the candidate has filed;
20.25(b) any other error in preparing or printing any official ballot;
20.26(c) failure of the chair or secretary of the proper committee of a major political party
20.27to execute or file a certificate of nomination;
20.28(d) any wrongful act, omission, or error of any election judge, municipal clerk,
20.29county auditor, canvassing board or any of its members, the secretary of state, or any other
20.30individual charged with any duty concerning an election.
20.31The petition shall describe the error, omission, or wrongful act and the correction
20.32sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in
20.33the case of an election for state or federal office or any judge of the district court in that
20.34county in the case of an election for county, municipal, or school district office. The
20.35petitioner shall serve a copy of the petition on the officer, board or individual charged with
21.1the error, omission, or wrongful act, on all candidates for the office in the case of an
21.2election for state, federal, county, municipal, or school district office, and on any other
21.3party as required by the court. Upon receipt of the petition the court shall immediately set
21.4a time for a hearing on the matter and order the officer, board or individual charged with
21.5the error, omission or wrongful act to correct the error or wrongful act or perform the duty
21.6or show cause for not doing so. In the case of a review of a candidate's eligibility to hold
21.7office, the court may order the candidate to appear and present sufficient evidence of the
21.8candidate's eligibility. The court shall issue its findings and a final order for appropriate
21.9relief as soon as possible after the hearing. Failure to obey the order is contempt of court.
21.10EFFECTIVE DATE.This section is effective the day following final enactment.

21.11    Sec. 32. Minnesota Statutes 2014, section 204B.45, subdivision 2, is amended to read:
21.12    Subd. 2. Procedure. Notice of the election and the special mail procedure must
21.13be given at least ten weeks prior to the election. Not more than 46 days nor later than 14
21.14days before a regularly scheduled election and not more than 30 days nor later than 14
21.15days before any other election, the auditor shall mail ballots by nonforwardable mail to
21.16all voters registered in the town or unorganized territory. No later than 14 days before
21.17the election, the auditor must make a subsequent mailing of ballots to those voters who
21.18register to vote after the initial mailing but before the 20th day before the election.
21.19Eligible voters not registered at the time the ballots are mailed may apply for ballots as
21.20provided in chapter 203B. Ballot return envelopes, with return postage provided, must
21.21be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in
21.22person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board
21.23to examine the mail and absentee ballot return envelopes and mark them "accepted" or
21.24"rejected" within three days of receipt if there are 14 or fewer days before election day, or
21.25within five days of receipt if there are more than 14 days before election day. The board
21.26may consist of deputy county auditors or deputy municipal clerks who have received
21.27training in the processing and counting of mail ballots, who need not be affiliated with
21.28a major political party. Election judges performing the duties in this section must be of
21.29different major political parties, unless they are exempt from that requirement under
21.30section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at
21.31least five days before the election, the ballots in the envelope must remain sealed and the
21.32auditor or clerk shall provide the voter with a replacement ballot and return envelope in
21.33place of the spoiled ballot. If the ballot is rejected within five days of the election, the
21.34envelope must remain sealed and the official in charge of the ballot board must attempt to
22.1contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
22.2rejected. The official must document the attempts made to contact the voter.
22.3If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
22.4indicate that the voter has already cast a ballot in that election. After the close of business
22.5on the fourth seventh day before the election, the ballots from return envelopes marked
22.6"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86,
22.7subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
22.8In all other respects, the provisions of the Minnesota Election Law governing
22.9deposit and counting of ballots apply.
22.10The mail and absentee ballots for a precinct must be counted together and reported
22.11as one vote total. No vote totals from mail or absentee ballots may be made public before
22.12the close of voting on election day.
22.13The costs of the mailing shall be paid by the election jurisdiction in which the voter
22.14resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

22.15    Sec. 33. Minnesota Statutes 2014, section 204C.04, subdivision 2, is amended to read:
22.16    Subd. 2. Elections covered. For purposes of this section, "election" means a
22.17regularly scheduled state primary or general election, an election to fill a vacancy in the
22.18office of United States senator or United States representative, an election to fill a vacancy
22.19in nomination for a constitutional office, or an election to fill a vacancy in the office of
22.20state senator or state representative.

22.21    Sec. 34. Minnesota Statutes 2014, section 204C.08, subdivision 1d, is amended to read:
22.22    Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to
22.23each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
22.24forth in this section. Before the hours of voting are scheduled to begin, the election judges
22.25shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
22.26of Rights is as follows:

22.27"VOTER'S BILL OF RIGHTS

22.28For all persons residing in this state who meet federal voting eligibility requirements:
22.29(1) You have the right to be absent from work for the purpose of voting in a state
22.30or, federal, or regularly scheduled election without reduction to your pay, personal leave,
22.31or vacation time on election day for the time necessary to appear at your polling place,
22.32cast a ballot, and return to work.
22.33(2) If you are in line at your polling place any time before 8:00 p.m., you have the
22.34right to vote.
23.1(3) If you can provide the required proof of residence, you have the right to register
23.2to vote and to vote on election day.
23.3(4) If you are unable to sign your name, you have the right to orally confirm your
23.4identity with an election judge and to direct another person to sign your name for you.
23.5(5) You have the right to request special assistance when voting.
23.6(6) If you need assistance, you may be accompanied into the voting booth by a
23.7person of your choice, except by an agent of your employer or union or a candidate.
23.8(7) You have the right to bring your minor children into the polling place and into
23.9the voting booth with you.
23.10(8) If you have been convicted of a felony but your felony sentence has expired (been
23.11completed) or you have been discharged from your sentence, you have the right to vote.
23.12(9) If you are under a guardianship, you have the right to vote, unless the court
23.13order revokes your right to vote.
23.14(10) You have the right to vote without anyone in the polling place trying to
23.15influence your vote.
23.16(11) If you make a mistake or spoil your ballot before it is submitted, you have the
23.17right to receive a replacement ballot and vote.
23.18(12) You have the right to file a written complaint at your polling place if you are
23.19dissatisfied with the way an election is being run.
23.20(13) You have the right to take a sample ballot into the voting booth with you.
23.21(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
23.22booth with you."

23.23    Sec. 35. Minnesota Statutes 2014, section 204C.13, subdivision 2, is amended to read:
23.24    Subd. 2. Voting booths. One of the election judges shall explain to the voter the
23.25proper method of marking and folding the ballots and, during a primary election, the effect
23.26of attempting to vote in more than one party's primary. Except as otherwise provided in
23.27section 204C.15, the voter shall retire alone to an unoccupied voting booth or, at the
23.28voter's discretion, the voter may choose to use another writing surface. The voter shall
23.29mark the ballots without undue delay. The voter may take sample ballots into the booth to
23.30assist in voting. The election judges may adopt and enforce reasonable rules governing the
23.31amount of time a voter may spend in the voting booth marking ballots.

23.32    Sec. 36. Minnesota Statutes 2014, section 204C.13, subdivision 3, is amended to read:
23.33    Subd. 3. Marking ballots. The voter shall mark each ballot in the following manner:
24.1(a) A mark (X) shall be placed in the square The voter shall fill in the oval or similar
24.2mark if a different target shape is used, opposite the printed name of each candidate for
24.3whom the individual desires to vote, and in the square oval or other target shape before the
24.4"YES" "Yes" or "NO" "No" if the individual desires to vote for or against a question.
24.5(b) The voter may write in other names on the lines provided under the printed
24.6names of the candidates, except that no names shall be written in on primary ballots.
24.7(c) At a state primary an individual may vote for candidates of only one major
24.8political party on the partisan primary ballot. If a partisan primary ballot contains votes
24.9for the candidates of more than one major political party, the ballot is totally defective and
24.10no vote on the partisan section of the ballot shall be counted.
24.11(d) An individual who spoils a ballot may return it to the election judges and receive
24.12another.

24.13    Sec. 37. Minnesota Statutes 2014, section 204C.13, subdivision 5, is amended to read:
24.14    Subd. 5. Deposit of ballots in ballot boxes box. The voter shall then withdraw
24.15from the voting booth with the ballots and hand them to the election judge in charge of
24.16the ballot boxes. That election judge shall immediately deposit each ballot in the proper
24.17ballot box. Ballots that have not been initialed by the election judges as provided in
24.18section 204C.09, shall not be deposited in the ballot box.

24.19    Sec. 38. Minnesota Statutes 2014, section 204C.22, subdivision 3, is amended to read:
24.20    Subd. 3. Votes for too many candidates. If a voter places a mark (X) beside the
24.21names of more candidates for an office than are to be elected or nominated, the ballot is
24.22defective with respect only to that office. No vote shall be counted for any candidate for
24.23that office, but the rest of the ballot shall be counted if possible. At a primary, if a voter
24.24has not indicated a party preference and places a mark (X) beside the names of candidates
24.25of more than one party on the partisan ballot, the ballot is totally defective and no votes on
24.26it shall be counted. If a voter has indicated a party preference at a primary, only votes cast
24.27for candidates of that party shall be counted.

24.28    Sec. 39. Minnesota Statutes 2014, section 204C.22, subdivision 4, is amended to read:
24.29    Subd. 4. Name written in proper place. If a voter has written the name of an
24.30individual in the proper place on a general or special election ballot a vote shall be counted
24.31for that individual whether or not the voter makes a mark (X) in the square oval or other
24.32target shape opposite the blank.

25.1    Sec. 40. Minnesota Statutes 2014, section 204C.22, subdivision 7, is amended to read:
25.2    Subd. 7. All written names or marks counted up to limit. If a number of
25.3individuals are to be elected to the same office, the election judges shall count all names
25.4written in and all printed names with (X) marks in squares oval or other target shape
25.5opposite them, not exceeding the whole number to be elected. When fewer names than the
25.6number to be elected are marked with an (X) or written in, only the marked or written in
25.7names shall be counted. When more names than the number to be elected are marked or
25.8written in, the ballot is defective with respect to that office and no vote shall be counted
25.9for that office.

25.10    Sec. 41. Minnesota Statutes 2014, section 204C.22, subdivision 10, is amended to read:
25.11    Subd. 10. Different marks. If a voter uniformly uses a mark other than (X) which
25.12that clearly indicates an intent to mark a name or to mark yes or no on a question, and the
25.13voter does not use (X) the more standard mark anywhere else on the ballot, a vote shall
25.14be counted for each candidate or response to a question marked. If a voter uses two or
25.15more distinct marks, such as (X) and some other mark, a vote shall be counted for each
25.16candidate or response to a question marked, unless the ballot is marked by distinguishing
25.17characteristics that make the entire ballot defective as provided in subdivision 13.

25.18    Sec. 42. Minnesota Statutes 2014, section 204C.35, subdivision 1, is amended to read:
25.19    Subdivision 1. Publicly funded recounts. (a) In a state primary when the difference
25.20between the votes cast for the candidates for nomination to:
25.21(1) a state legislative office is less than one-half of one percent of the total number of
25.22votes counted for that nomination or is ten votes or less and the total number of votes cast
25.23for the nomination is 400 votes or less; or
25.24(2) a statewide federal office, state constitutional office, statewide judicial office,
25.25congressional office, or district judicial office is less than one-quarter of one percent of
25.26the total number of votes counted for that nomination or is ten votes or less and the total
25.27number of votes cast for the nomination is 400 votes or less;
25.28and the difference determines the nomination, the canvassing board with responsibility
25.29for declaring the results for that office shall manually recount the vote upon receiving a
25.30written request from the candidate whose nomination is in question.
25.31Immediately following the meeting of the board that has responsibility for
25.32canvassing the results of the nomination, the filing officer must notify the candidate that
25.33the candidate has the option to request a recount of the votes at no cost to the candidate.
26.1This written request must be received by the filing officer no later than 48 hours 5:00 p.m.
26.2on the second day after the canvass of the primary for which the recount is being sought.
26.3    (b) In a state general election when the difference between the votes of a candidate
26.4who would otherwise be declared elected to:
26.5(1) a state legislative office is less than one-half of one percent of the total number of
26.6votes counted for that office or is ten votes or less and the total number of votes cast for
26.7the office is 400 votes or less; or
26.8(2) a statewide federal office, state constitutional office, statewide judicial office,
26.9congressional office, or district judicial office and the votes of any other candidate for that
26.10office is less than one-quarter of one percent of the total number of votes counted for that
26.11office or is ten votes or less if the total number of votes cast for the office is 400 votes or less,
26.12the canvassing board shall manually recount the votes upon receiving a written request
26.13from the candidate whose election is in question.
26.14Immediately following the meeting of the board that has responsibility for canvassing
26.15the results of the general election, the filing officer must notify the candidate that the
26.16candidate has the option to request a recount of the votes at no cost to the candidate. This
26.17written request must be received by the filing officer no later than 48 hours 5:00 p.m. on
26.18the second day after the canvass of the election for which the recount is being sought.
26.19    (c) A recount must not delay any other part of the canvass. The results of the recount
26.20must be certified by the canvassing board as soon as possible.
26.21    (d) Time for notice of a contest for an office which is recounted pursuant to this section
26.22shall begin to run upon certification of the results of the recount by the canvassing board.

26.23    Sec. 43. Minnesota Statutes 2014, section 204C.35, subdivision 2, is amended to read:
26.24    Subd. 2. Discretionary candidate recounts. (a) A losing candidate whose
26.25name was on the ballot for nomination or election to a statewide federal office, state
26.26constitutional office, statewide judicial office, congressional office, state legislative office,
26.27or district judicial office may request a recount in a manner provided in this section at the
26.28candidate's own expense when the vote difference is greater than the difference required
26.29by this section. The votes shall be manually recounted as provided in this section if the
26.30candidate files a request during the time for filing notice of contest of the primary or
26.31election for which a recount is sought.
26.32    (b) The requesting candidate shall file with the filing officer a bond, cash, or surety in
26.33an amount set by the filing officer for the payment of the recount expenses. The requesting
26.34candidate is responsible for the following expenses: the compensation of the secretary of
26.35state, or designees, and any election judge, municipal clerk, county auditor, administrator,
27.1or other personnel who participate in the recount; necessary supplies and travel related to
27.2the recount; the compensation of the appropriate canvassing board and costs of preparing
27.3for the canvass of recount results; and any attorney fees incurred in connection with the
27.4recount by the governing body responsible for the recount.
27.5    (c) A discretionary recount of a primary must not delay delivery of the notice of
27.6nomination to the winning candidate under section 204C.32.
27.7    (d) The requesting candidate may provide the filing officer with a list of up to three
27.8precincts that are to be recounted first and may waive the balance of the recount after these
27.9precincts have been counted. If the candidate provides a list, the recount official must
27.10determine the expenses for those precincts in the manner provided by paragraph (b).
27.11    (e) The results of the recount must be certified by the canvassing board as soon as
27.12possible.
27.13    (d) (f) If the winner of the race is changed by the optional recount, the cost of the
27.14recount must be paid by the jurisdiction conducting the recount.
27.15    (e) (g) If a result of the vote counting in the manual recount is different from the
27.16result of the vote counting reported on election day by a margin greater than the standard
27.17for acceptable performance of voting systems provided in section 206.89, subdivision 4,
27.18the cost of the recount must be paid by the jurisdiction conducting the recount.

27.19    Sec. 44. Minnesota Statutes 2014, section 204C.36, subdivision 1, is amended to read:
27.20    Subdivision 1. Publicly funded recounts. (a) Except as provided in paragraphs (b)
27.21and (c), a losing candidate for nomination or election to a county, municipal, or school
27.22district office may request a recount of the votes cast for the nomination or election to
27.23that office if the difference between the vote cast for that candidate and for a winning
27.24candidate for nomination or election is less than one-quarter of one percent of the total
27.25votes counted for that office. In case of offices where two or more seats are being filled
27.26from among all the candidates for the office, the one-quarter of one percent difference
27.27is between the elected candidate with the fewest votes and the candidate with the most
27.28votes from among the candidates who were not elected.
27.29(b) A losing candidate for nomination or election to a county, municipal, or school
27.30district office may request a recount of the votes cast for nomination or election to that
27.31office if the difference between the votes cast for that candidate and for a winning
27.32candidate for nomination or election is less than one-half of one percent, and the total
27.33number of votes cast for the nomination or election of all candidates is more than 400
27.34but less than 50,000. In cases of offices where two or more seats are being filled from
27.35among all the candidates for the office, the one-half of one percent difference is between
28.1the elected candidate with the fewest votes and the candidate with the most votes from
28.2among the candidates who were not elected.
28.3(c) A losing candidate for nomination or election to a county, municipal, or school
28.4district office may request a recount of the votes cast for nomination or election to that
28.5office if the difference between the vote cast for that candidate and for a winning candidate
28.6for nomination or election is ten votes or less, and the total number of votes cast for the
28.7nomination or election of all candidates is no more than 400. In cases of offices where two
28.8or more seats are being filled from among all the candidates for the office, the ten vote
28.9difference is between the elected candidate with the fewest votes and the candidate with
28.10the most votes from among the candidates who were not elected.
28.11(d) Candidates for county offices shall file a written request for the recount with the
28.12county auditor. Candidates for municipal or school district offices shall file a written
28.13request with the municipal or school district clerk as appropriate. All requests shall be
28.14filed during the time for notice of contest of the primary or by 5:00 p.m. on the fifth day
28.15after the canvass of a primary or special primary or by 5:00 p.m. on the seventh day of the
28.16canvass of a special or general election for which a recount is sought.
28.17(e) Upon receipt of a request made pursuant to this section, the county auditor shall
28.18recount the votes for a county office at the expense of the county, the governing body
28.19of the municipality shall recount the votes for a municipal office at the expense of the
28.20municipality, and the school board of the school district shall recount the votes for a
28.21school district office at the expense of the school district.

28.22    Sec. 45. Minnesota Statutes 2014, section 204C.36, subdivision 2, is amended to read:
28.23    Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination
28.24or election to a county, municipal, or school district office may request a recount in the
28.25manner provided in this section at the candidate's own expense when the vote difference is
28.26greater than the difference required by subdivision 1, paragraphs (a) to (e). The votes shall
28.27be manually recounted as provided in this section if the requesting candidate files with
28.28the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an
28.29amount set by the governing body of the jurisdiction or the school board of the school
28.30district for the payment of the recount expenses.
28.31    (b) The requesting candidate may provide the filing officer with a list of up to three
28.32precincts that are to be recounted first and may waive the balance of the recount after these
28.33precincts have been counted. If the candidate provides a list, the recount official must
28.34determine the expenses for those precincts in the manner provided by paragraph (b).
29.1    (c) A discretionary recount of a primary must not delay delivery of the notice of
29.2nomination to the winning candidate under section 204C.32.
29.3    (d) The results of the recount must be certified by the canvassing board as soon as
29.4possible.
29.5    (e) If the winner of the race is changed by the optional recount, the cost of the
29.6recount must be paid by the jurisdiction conducting the recount.
29.7    (d) (f) If a result of the vote counting in the manual recount is different from the
29.8result of the vote counting reported on election day by a margin greater than the standard
29.9for acceptable performance of voting systems provided in section 206.89, subdivision 4,
29.10the cost of the recount must be paid by the jurisdiction conducting the recount.

29.11    Sec. 46. Minnesota Statutes 2014, section 204C.40, subdivision 2, is amended to read:
29.12    Subd. 2. Time of issuance; certain offices. No certificate of election shall be issued
29.13until seven days after the canvassing board has declared the result of the election. In case
29.14of a contest, an election certificate shall not be issued until a court of proper jurisdiction
29.15has finally determined the contest. This subdivision shall not apply to candidates elected
29.16to the office of state senator or representative.

29.17    Sec. 47. Minnesota Statutes 2014, section 204D.11, subdivision 4, is amended to read:
29.18    Subd. 4. Special federal ballot. (a) The names of all candidates for the offices
29.19of president and vice-president of the United States and senator and representative in
29.20Congress shall be placed on a ballot that shall be known as the "special federal ballot."
29.21(b) This ballot shall be prepared by the county auditor in the same manner as the
29.22state general election ballot and shall be subject to the rules adopted by the secretary of
29.23state pursuant to subdivision 1. This ballot must be prepared and furnished in accordance
29.24with the federal Uniformed and Overseas Citizens Absentee Voting Act, United States
29.25Code, title 42, section 1973ff 52, sections 20301 to 20310.
29.26(c) The special federal ballot shall be the only ballot sent to citizens of the United
29.27States who are eligible to vote by absentee ballot for federal candidates in Minnesota.

29.28    Sec. 48. Minnesota Statutes 2014, section 204D.27, subdivision 11, is amended to read:
29.29    Subd. 11. Certificate of legislative election. A certificate of election in a special
29.30election for state senator or state representative shall be issued by the secretary of state to
29.31the individual declared elected by the county or state canvassing board chief clerk of the
29.32house or the secretary of the senate two days, excluding Sundays and legal holidays, after
29.33the appropriate canvassing board finishes canvassing the returns for the election.
30.1In case of a contest the certificate shall not be issued until the district court
30.2determines the contest.

30.3    Sec. 49. Minnesota Statutes 2014, section 205.13, subdivision 3, is amended to read:
30.4    Subd. 3. Filing fees. Unless the charter of a city provides the amount of the fee
30.5for filing an application or affidavit of candidacy for city office (a) Except as otherwise
30.6provided in this section, the filing fee for a municipal office is as follows:
30.7(a) (1) in first class cities, $20;
30.8(b) (2) in second and third class cities, $5; and
30.9(c) (3) in fourth class cities and towns, $2.
30.10(b) A home rule charter or statutory city may adopt, by ordinance, a filing fee of a
30.11different amount not to exceed the following:
30.12(1) in first class cities, $80;
30.13(2) in second and third class cities, $40; and
30.14(3) in fourth class cities, $15.
30.15(c) A home rule charter city that sets filing fees by authority provided in city charter
30.16is not subject to the fee limits in this section.

30.17    Sec. 50. Minnesota Statutes 2014, section 205A.05, subdivision 1, is amended to read:
30.18    Subdivision 1. Questions. (a) Special elections must be held for a school district on
30.19a question on which the voters are authorized by law to pass judgment. The school board
30.20may on its own motion call a special election to vote on any matter requiring approval of
30.21the voters of a district. Upon petition filed with the school board of 50 or more voters of
30.22the school district or five percent of the number of voters voting at the preceding school
30.23district general election, whichever is greater, the school board shall by resolution call
30.24a special election to vote on any matter requiring approval of the voters of a district.
30.25A question is carried only with the majority in its favor required by law. The election
30.26officials for a special election are the same as for the most recent school district general
30.27election unless changed according to law. Otherwise, special elections must be conducted
30.28and the returns made in the manner provided for the school district general election.
30.29    (b) A special election may not be held:
30.30    (1) during the 56 days before and the 56 days after a regularly scheduled primary or
30.31general election conducted wholly or partially within the school district;
30.32    (2) on the date of a regularly scheduled town election or annual meeting in March
30.33conducted wholly or partially within the school district; or
31.1    (3) during the 30 days before or the 30 days after a regularly scheduled town election
31.2in March conducted wholly or partially within the school district.
31.3    (c) Notwithstanding any other law to the contrary, the time period in which a special
31.4election must be conducted under any other law may be extended by the school board to
31.5conform with the requirements of this subdivision.

31.6    Sec. 51. Minnesota Statutes 2014, section 206.90, subdivision 6, is amended to read:
31.7    Subd. 6. Ballots. In precincts using optical scan voting systems, a single ballot card
31.8on which all ballot information is included must be printed in black ink on white colored
31.9material except that marks not to be read by the automatic tabulating equipment may be
31.10printed in another color ink. In state elections, a single ballot title must be used, as provided
31.11in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. In odd-numbered years
31.12when both municipal and school district offices or questions appear on the ballot, the
31.13single ballot title "City (or Town) and School District Ballot" must be used.
31.14On the front of the ballot must be printed the words "Official Ballot" and the date of
31.15the election and lines for the initials of at least two election judges.
31.16When optical scan ballots are used, the offices to be elected must appear in the
31.17following order: federal offices; state legislative offices; constitutional offices; proposed
31.18constitutional amendments; county offices and questions; municipal offices and questions;
31.19school district offices and questions; special district offices and questions; and judicial
31.20offices.
31.21On optical scan ballots, the names of candidates and the words "yes" and "no" for
31.22ballot questions must be printed as close to their corresponding vote targets as possible.
31.23The line on an optical scan ballot for write-in votes must contain the words "write-in,
31.24if any."
31.25If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the
31.26instructions to voters must include a statement that reads substantially as follows: "THIS
31.27BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN
31.28BALLOT. ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR
31.29CANDIDATES OF ONE POLITICAL PARTY ONLY." "This ballot card contains a
31.30partisan ballot and a nonpartisan ballot. On the partisan ballot you are permitted to vote for
31.31candidates of one political party only." If a primary ballot contains political party columns
31.32on both sides of the ballot, the instructions to voters must include a statement that reads
31.33substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE PRINTED ON
31.34THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE POLITICAL PARTY ONLY."
31.35"Additional political parties are printed on the other side of this ballot. Vote for one
32.1political party only." At the bottom of each political party column on the primary ballot,
32.2the ballot must contain a statement that reads substantially as follows: "CONTINUE
32.3VOTING ON THE NONPARTISAN BALLOT." "Continue voting on the nonpartisan
32.4ballot." The instructions in section 204D.08, subdivision 4, do not apply to optical scan
32.5partisan primary ballots. Electronic ballot displays and audio ballot readers must follow
32.6the order of offices and questions on the optical scan or paper ballot used in the same
32.7precinct, or the sample ballot posted for that precinct.

32.8    Sec. 52. Minnesota Statutes 2014, section 209.021, subdivision 2, is amended to read:
32.9    Subd. 2. Notice filed with court. If the contest relates to a nomination or
32.10election for statewide office, the contestant shall file the notice of contest with the court
32.11administrator of District Court in Ramsey County. For contests relating to any other office,
32.12the contestant shall file the notice of contest with the court administrator of district court
32.13in the county where the contestee resides.
32.14If the contest relates to a constitutional amendment or other question voted on
32.15statewide, the contestant shall file the notice of contest with the court administrator
32.16of District Court in Ramsey County. If the contest relates to any other question, the
32.17contestant shall file the notice of contest with the court administrator of district court for
32.18the county or any one of the counties where the question appeared on the ballot.

32.19    Sec. 53. Minnesota Statutes 2014, section 209.021, subdivision 3, is amended to read:
32.20    Subd. 3. Notice served on parties. In all contests relating to the nomination or
32.21election of a candidate, the notice of contest must be served on the candidate who is
32.22the contestee, a copy of the notice must be sent to the contestee's last known address
32.23by certified mail, and a copy must be furnished to the official authorized to issue the
32.24certificate of election. If personal or substituted service on the contestee cannot be made,
32.25an affidavit of the attempt by the person attempting to make service and the affidavit of
32.26the person who sent a copy of the notice to the contestee by certified mail is sufficient to
32.27confer jurisdiction upon the court to decide the contest.
32.28If the contest relates to a constitutional amendment or other question voted on
32.29statewide or voted on in more than one county, notice of contest must be served on the
32.30secretary of state, who is the contestee. If a contest relates to a question voted on within
32.31only one county, school district, or municipality, a copy of the notice of contest must be
32.32served on the county auditor, clerk of the school district, or municipal clerk, respectively,
32.33who is the contestee. If the contest is upon the question of consolidation or reorganization
33.1of a school district, a copy of the notice of contest must be served on the county auditor
33.2authorized by law to issue the order.

33.3    Sec. 54. Minnesota Statutes 2014, section 209.09, subdivision 2, is amended to read:
33.4    Subd. 2. Statewide offices and questions. Section 209.10, subdivision 4, applies to
33.5a contest regarding a statewide office, or a constitutional amendment, or other question
33.6voted on statewide. A copy of the Supreme Court's decision must be forwarded to the
33.7contestant and the contestee.

33.8    Sec. 55. Minnesota Statutes 2014, section 365.22, subdivision 2, is amended to read:
33.9    Subd. 2. Questions, ballot details. The questions to be voted on must be separately
33.10stated on the ballots, as worded in section 365.21. Two squares ovals or similar target
33.11shapes, one above the other, must be put just below each question with the word "yes"
33.12beside the upper square target shape and the word "no" beside the lower square target shape.

33.13    Sec. 56. Minnesota Statutes 2014, section 365.22, subdivision 3, is amended to read:
33.14    Subd. 3. Voting. An elector must vote separately on each question for the elector's
33.15vote to be counted on that question. To vote "yes" on a question, the elector shall mark an
33.16"X" in the square fill in the oval or similar target shape beside the word "yes" just below
33.17the question. To vote "no" on a question, the elector shall mark an "X" in the square fill in
33.18the oval or similar target shape beside the word "no" just below the question.

33.19    Sec. 57. Minnesota Statutes 2014, section 367.31, subdivision 4, is amended to read:
33.20    Subd. 4. Election; form of ballot. The proposals for adoption of the options shall
33.21be stated on the ballot substantially as follows:
33.22"Shall option A, providing for a five-member town board of supervisors, be adopted
33.23for the government of the town?"
33.24"Shall option B, providing for the appointment of the clerk and treasurer by the town
33.25board, be adopted for the government of the town?"
33.26"Shall option C, providing for the appointment of a town administrator by the town
33.27board, be adopted for the government of the town?"
33.28"Shall option D, providing for combining the offices of clerk and treasurer, be
33.29adopted for the government of the town?"
33.30If a proposal under option B is to appoint only the clerk or only the treasurer, or if it
33.31is to appoint the combined clerk-treasurer following the adoption of option D or when
33.32submitted simultaneously with the ballot question for option D, the ballot question shall be
34.1varied to read appropriately. If an option B ballot question is submitted for the combined
34.2clerk-treasurer office at the same election in which option D is also on the ballot, the
34.3ballot must note that the approval of option B is contingent on the simultaneous approval
34.4of option D. In any of these cases, the question shall be followed by the words "Yes"
34.5and "No" with an appropriate square oval or similar target shape before each in which
34.6an elector may record a choice.

34.7    Sec. 58. Minnesota Statutes 2014, section 368.85, subdivision 4, is amended to read:
34.8    Subd. 4. Ballot. The town board shall provide ballots which shall read "Shall
34.9the territory described in the resolution adopted by the town board on the ......... day of
34.10............., ......., constitute a special fire protection district?" The question shall be followed
34.11with a line with the word "Yes" and a square an oval or similar target shape after it and
34.12another line with the word "No" and a square an oval or similar target shape after it. The
34.13voters shall indicate their choice by placing a cross mark in one of the squares target
34.14shapes, and a direction to so indicate their choice shall be printed on the ballot.

34.15    Sec. 59. Minnesota Statutes 2014, section 376.04, is amended to read:
34.16376.04 ELECTION, SEPARATE BALLOT.
34.17The question of purchasing and constructing hospital buildings shall be submitted
34.18to the voters of any county at a general election and placed upon a separate ballot. This
34.19election must be called by a resolution of the county board. The resolution must state the
34.20time of the election, that a county hospital is proposed to be established, the proposed
34.21location, and the cost, including equipment, for not more than the amount stated in the
34.22resolution. When the resolutions are passed, the county auditor shall immediately notify
34.23each town or city clerk in the county that the question of constructing hospital buildings
34.24will be voted upon at the time stated in the resolution, in the manner provided under the
34.25state election laws.
34.26The ballot must be in the following form:
34.27"For the purchase and construction of hospital buildings, including equipment, to
34.28be located at ............... (state location), at a cost not more than .............. (state amount),
34.29pursuant to the resolution of the board of county commissioners passed .................. (state
34.30date).

34.31		Yes .....
34.32		No .....	"

34.33To the left of each of the last two words, "yes" and "no," shall be followed by a
34.34square in which the voter may indicate by a mark (X) either a negative or affirmative vote
35.1printed an oval or similar target shape so that the voter may indicate by a mark either a
35.2negative or affirmative vote. These votes shall be cast in the same manner as votes cast at
35.3the general election and counted by the same officers. Returns must be made to the county
35.4auditor, and canvassed in the same manner as the returns on county officers.

35.5    Sec. 60. Minnesota Statutes 2014, section 412.551, subdivision 2, is amended to read:
35.6    Subd. 2. Form of ballot. The proposals for the adoption of optional plans shall be
35.7stated on the ballot substantially as follows:
35.8"Shall Optional Plan A, modifying the standard plan of city government by
35.9providing for the appointment by the council of the clerk and treasurer be adopted for the
35.10government of the city?"
35.11"Shall Optional Plan B, providing for the council-manager form of city government,
35.12be adopted for the government of the city?"
35.13If the city has combined the offices of clerk and treasurer, the word "clerk-treasurer"
35.14shall be substituted for the words "clerk and treasurer" in the question on the ballot on
35.15adoption of Optional Plan A. In any of these cases, the question shall be followed by the
35.16words, "Yes" and "No" with an appropriate square before each in which a voter may
35.17record a choice oval or similar target shape to the left of each word so that the voter may
35.18indicate by a mark either a negative or affirmative vote.

35.19    Sec. 61. ELECTIONS EMERGENCY PLANNING TASK FORCE.
35.20    Subdivision 1. Membership. (a) The Elections Emergency Planning Task Force
35.21consists of the following members:
35.22(1) the director of the Department of Public Safety, Division of Homeland Security
35.23and Emergency Management, or designee;
35.24(2) the secretary of state, or designee;
35.25(3) one individual designated by the secretary of state, from the elections division in
35.26the Office of the Secretary of State;
35.27(4) one individual appointed by the Minnesota State Council on Disability;
35.28(5) the Minnesota Adjutant General, or designee;
35.29(6) one county auditor, appointed by the Minnesota Association of County Officers;
35.30(7) one local professional emergency manager, appointed by the Association of
35.31Minnesota Emergency Managers;
35.32(8) one town election official, appointed by the Minnesota Association of Townships;
35.33(9) one city election official, appointed by the League of Minnesota Cities;
36.1(10) one school district election official, appointed by the Minnesota School Boards
36.2Association;
36.3(11) one representative appointed by the speaker of the house of representatives;
36.4(12) one representative appointed by the minority leader of the house of
36.5representatives;
36.6(13) one senator appointed by the senate majority leader; and
36.7(14) one senator appointed by the senate minority leader.
36.8(b) Any vacancy shall be filled by appointment of the appointing authority for the
36.9vacating member.
36.10(c) Members shall be appointed by July 1, 2015.
36.11    Subd. 2. Duties. The task force must research the following issues:
36.12(1) potential emergency scenarios that could impact elections;
36.13(2) current capacity and authority to address emergency situations;
36.14(3) potential direct and indirect costs of an emergency that disrupts elections;
36.15(4) maintaining ballot security in event of an emergency;
36.16(5) continuity of operations procedures; and
36.17(6) communications plans and key emergency contacts.
36.18    Subd. 3. First meeting; chair. The secretary of state, or the secretary's designee,
36.19must convene the initial meeting of the task force by August 1, 2015. The members of
36.20the task force must elect a chair and vice-chair from the members of the task force at the
36.21first meeting.
36.22    Subd. 4. Compensation. Public members of the task force shall be compensated
36.23pursuant to Minnesota Statutes, section 15.059, subdivision 3.
36.24    Subd. 5. Staff. The Legislative Coordinating Commission shall provide staff
36.25support, as needed, to facilitate the task force's work.
36.26    Subd. 6. Report. The task force must submit a report by January 1, 2016, to the
36.27chairs and ranking minority members of the committees in the senate and house of
36.28representatives with primary jurisdiction over elections, summarizing its findings and
36.29listing recommendations for the development of elections emergency plans statewide. The
36.30report shall include draft legislation to implement the recommendations of the task force.
36.31    Subd. 7. Sunset. The task force shall sunset the day following the submission of the
36.32report under subdivision 6, or January 1, 2016, whichever is earlier.
36.33EFFECTIVE DATE.This section is effective the day following final enactment.

37.1    Sec. 62. APPROPRIATION.
37.2$22,000 is appropriated from the general fund to the Legislative Coordinating
37.3Commission in fiscal year 2016 for the purposes of the Elections Emergency Planning
37.4Task Force established in section 56.

37.5    Sec. 63. REPEALER.
37.6Minnesota Statutes 2014, sections 123B.09, subdivision 5; 204B.14, subdivision 6;
37.7204C.13, subdivision 4; 204C.30, subdivision 1; and 383A.555, are repealed.

37.8ARTICLE 2

37.9UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT

37.10    Section 1. Minnesota Statutes 2014, section 204B.07, subdivision 2, is amended to read:
37.11    Subd. 2. Petitions for presidential electors and alternates. This subdivision
37.12does not apply to candidates for presidential elector or alternate nominated by major
37.13political parties. Major party candidates for presidential elector or alternate are certified
37.14under section 208.03. Other presidential electors or alternates are nominated by petition
37.15pursuant to this section. On petitions nominating presidential electors or alternates, the
37.16names of the candidates for president and vice-president shall be added to the political
37.17party or political principle stated on the petition. One petition may be filed to nominate a
37.18slate of presidential electors equal in number to the number of electors to which the state
37.19is entitled and an alternate for each elector nominee.

37.20    Sec. 2. Minnesota Statutes 2014, section 208.02, is amended to read:
37.21208.02 ELECTION OF PRESIDENTIAL ELECTORS AND ALTERNATES.
37.22Presidential electors and alternates shall be chosen at the state general election held
37.23in the year preceding the expiration of the term of the president of the United States.

37.24    Sec. 3. Minnesota Statutes 2014, section 208.03, is amended to read:
37.25208.03 NOMINATION OF PRESIDENTIAL ELECTORS AND
37.26ALTERNATES.
37.27Presidential electors and alternates for the major political parties of this state shall be
37.28nominated by delegate conventions called and held under the supervision of the respective
37.29state central committees of the parties of this state. At least 71 days before the general
37.30election day the chair of the major political party shall certify to the secretary of state
37.31the names of the persons nominated as presidential electors, the names of eight persons
37.32nominated as alternate presidential electors, and the names of the party candidates for
38.1president and vice president. The chair shall also certify that the party candidates for
38.2president and vice president have no affidavit on file as a candidate for any office in
38.3this state at the ensuing general election.

38.4    Sec. 4. Minnesota Statutes 2014, section 208.06, is amended to read:
38.5208.06 ELECTORS AND ALTERNATES TO MEET AT STATE CAPITOL;
38.6FILLING OF VACANCIES.
38.7The presidential electors and alternate presidential electors, before 12:00 M. on the
38.8day before that fixed by Congress for the electors to vote for president and vice president
38.9of the United States, shall notify the governor that they are at the State Capitol and ready
38.10at the proper time to fulfill their duties as electors. The governor shall deliver to the
38.11electors present a certificate of the names of all the electors. If any elector named therein
38.12fails to appear before 9:00 a.m. on the day, and at the place, fixed for voting for president
38.13and vice president of the United States, an alternate, chosen from among the alternates by
38.14lot, shall be appointed to act for that elector. If more than eight alternates are necessary,
38.15the electors present shall, in the presence of the governor, immediately elect by ballot a
38.16person to fill the vacancy. If more than the number of persons required have the highest
38.17and an equal number of votes, the governor, in the presence of the electors attending, shall
38.18decide by lot which of those persons shall be elected The electors shall meet at 12:00 p.m.
38.19in the executive chamber of the State Capitol and shall perform all the duties imposed
38.20upon them as electors by the Constitution and laws of the United States and this state
38.21in the manner provided in section 208.46.

38.22    Sec. 5. [208.40] SHORT TITLE.
38.23Sections 208.40 to 208.48 may be cited as the "Uniform Faithful Presidential
38.24Electors Act."

38.25    Sec. 6. [208.41] DEFINITIONS.
38.26(a) The definitions in this section apply to sections 208.40 to 208.48.
38.27(b) "Cast" means accepted by the secretary of state in accordance with section
38.28208.46, paragraph (b).
38.29(c) "Elector" means an individual selected as a presidential elector under this chapter.
38.30(d) "President" means the president of the United States.
38.31(e) "Unaffiliated presidential candidate" means a candidate for president who
38.32qualifies for the general election ballot in this state by means other than nomination by a
38.33political party.
39.1(f) "Vice president" means the vice president of the United States.

39.2    Sec. 7. [208.42] DESIGNATION OF STATE'S ELECTORS.
39.3For each elector position in this state, a political party contesting the position, or
39.4an unaffiliated presidential candidate, shall submit to the secretary of state the names of
39.5two qualified individuals. One of the individuals must be designated "elector nominee"
39.6and the other "alternate elector nominee."
39.7Except as otherwise provided in sections 208.44 to 208.47, this state's electors are
39.8the winning elector nominees under the laws of this state.

39.9    Sec. 8. [208.43] PLEDGE.
39.10Each elector nominee and alternate elector nominee of a political party shall execute
39.11the following pledge: "If selected for the position of elector, I agree to serve and to mark
39.12my ballots for president and vice president for the nominees for those offices of the party
39.13that nominated me." Each elector nominee and alternate elector nominee of an unaffiliated
39.14presidential candidate shall execute the following pledge: "If selected for the position
39.15of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and
39.16to mark my ballots for that candidate and for that candidate's vice-presidential running
39.17mate." The executed pledges must accompany the submission of the corresponding names
39.18to the secretary of state.

39.19    Sec. 9. [208.44] CERTIFICATION OF ELECTORS.
39.20In submitting this state's certificate of ascertainment as required by United States
39.21Code, title 3, section 6, the governor shall certify this state's electors and state in the
39.22certificate that:
39.23(1) the electors will serve as electors unless a vacancy occurs in the office of elector
39.24before the end of the meeting at which elector votes are cast, in which case a substitute
39.25elector will fill the vacancy; and
39.26(2) if a substitute elector is appointed to fill a vacancy, the governor will submit an
39.27amended certificate of ascertainment stating the names on the final list of this state's
39.28electors.

39.29    Sec. 10. [208.45] PRESIDING OFFICER; ELECTOR VACANCY.
39.30(a) The secretary of state shall preside at the meeting of electors described in section
39.31208.06.
40.1(b) The position of an elector not present to vote is vacant. The secretary of state
40.2shall appoint an individual as a substitute elector to fill a vacancy as follows:
40.3(1) if the alternate elector is present to vote, by appointing the alternate elector
40.4for the vacant position;
40.5(2) if the alternate elector for the vacant position is not present to vote, by appointing
40.6an elector chosen by lot from among the alternate electors present to vote who were
40.7nominated by the same political party or unaffiliated presidential candidate;
40.8(3) if the number of alternate electors present to vote is insufficient to fill any
40.9vacant position pursuant to clauses (1) and (2), by appointing any immediately available
40.10individual who is qualified to serve as an elector and chosen through nomination by a
40.11plurality vote of the remaining electors, including nomination and vote by a single elector
40.12if only one remains;
40.13(4) if there is a tie between at least two nominees for substitute elector in a vote
40.14conducted under clause (3), by appointing an elector chosen by lot from among those
40.15nominees; or
40.16(5) if all elector positions are vacant and cannot be filled pursuant to clauses (1) to
40.17(4), by appointing a single presidential elector, with remaining vacant positions to be filled
40.18under clause (3) and, if necessary, clause (4).
40.19(c) To qualify as a substitute elector under paragraph (b), an individual who has not
40.20executed the pledge required under section 208.43 shall execute the following pledge: "I
40.21agree to serve and to mark my ballots for president and vice president consistent with the
40.22pledge of the individual to whose elector position I have succeeded."

40.23    Sec. 11. [208.46] ELECTOR VOTING.
40.24(a) At the time designated for elector voting in section 208.06, and after all vacant
40.25positions have been filled under section 208.45, the secretary of state shall provide each
40.26elector with a presidential and a vice-presidential ballot. The elector shall mark the
40.27elector's presidential and vice-presidential ballots with the elector's votes for the offices
40.28of president and vice president, respectively, along with the elector's signature and the
40.29elector's legibly printed name.
40.30(b) Except as otherwise provided by law of this state other than this chapter, each
40.31elector shall present both completed ballots to the secretary of state, who shall examine
40.32the ballots and accept as cast all ballots of electors whose votes are consistent with their
40.33pledges executed under section 208.43 or 208.45, paragraph (c). Except as otherwise
40.34provided by law of this state other than this chapter, the secretary of state may not accept
41.1and may not count either an elector's presidential or vice-presidential ballot if the elector
41.2has not marked both ballots or has marked a ballot in violation of the elector's pledge.
41.3(c) An elector who refuses to present a ballot, presents an unmarked ballot, or
41.4presents a ballot marked in violation of the elector's pledge executed under section 208.43
41.5or 208.45, paragraph (c), vacates the office of elector, creating a vacant position to be
41.6filled under section 208.45.
41.7(d) The secretary of state shall distribute ballots to and collect ballots from a
41.8substitute elector and repeat the process under this section of examining ballots, declaring
41.9and filling vacant positions as required, and recording appropriately completed ballots from
41.10the substituted electors, until all of this state's electoral votes have been cast and recorded.

41.11    Sec. 12. [208.47] ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES.
41.12(a) After the vote of this state's electors is completed, if the final list of electors
41.13differs from any list that the governor previously included on a certificate of ascertainment
41.14prepared and transmitted under United States Code, title 3, section 6, the secretary of state
41.15immediately shall prepare an amended certificate of ascertainment and transmit it to
41.16the governor for the governor's signature.
41.17(b) The governor immediately shall deliver the signed amended certificate of
41.18ascertainment to the secretary of state and a signed duplicate original of the amended
41.19certificate of ascertainment to all individuals entitled to receive this state's certificate of
41.20ascertainment, indicating that the amended certificate of ascertainment is to be substituted
41.21for the certificate of ascertainment previously submitted.
41.22(c) The secretary of state shall prepare a certificate of vote. The electors on the final
41.23list shall sign the certificate. The secretary of state shall process and transmit the signed
41.24certificate with the amended certificate of ascertainment under United States Code, title
41.253, sections 9, 10, and 11.

41.26    Sec. 13. [208.48] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
41.27In applying and construing sections 208.40 to 208.48, consideration must be given
41.28to the need to promote uniformity of the law with respect to their subject matter among
41.29states that enact the Uniform Faithful Presidential Electors Act or similar law.

41.30    Sec. 14. Minnesota Statutes 2014, section 209.01, subdivision 2, is amended to read:
41.31    Subd. 2. Statewide office. For purposes of this chapter, "statewide office" means the
41.32office of governor, lieutenant governor, attorney general, state auditor, secretary of state,
42.1chief justice or associate justice of the Supreme Court, judge of the Court of Appeals,
42.2United States senator, or presidential elector or alternate.

42.3    Sec. 15. REPEALER.
42.4Minnesota Statutes 2014, sections 208.07; and 208.08, are repealed."
42.5Delete the title and insert:

42.6"A bill for an act

42.7relating to elections; modifying various provisions related to the administration
42.8of elections, including provisions related to school boards, voters, ballots,
42.9registration, violations, absentee ballots, candidates, vacancies, election
42.10judges, recounts, precincts, and filing fees; modifying military and overseas
42.11absentee voting provisions; providing and modifying definitions; establishing
42.12the Election Emergency Planning Task Force; providing the Uniform Faithful
42.13Presidential Electors Act; making various technical and conforming changes;
42.14appropriating money;amending Minnesota Statutes 2014, sections 123B.09,
42.15subdivision 1, by adding a subdivision; 200.02, subdivisions 7, 23, by adding
42.16subdivisions; 201.071, subdivision 1; 201.158; 201.275; 203B.01, subdivision 3;
42.17203B.07, subdivision 1; 203B.08, subdivisions 1, 3; 203B.121, subdivision 2;
42.18203B.16, subdivisions 1, 2; 203B.17, subdivisions 1, 2; 204B.06, subdivision 1b;
42.19204B.07, subdivision 2; 204B.13, subdivisions 1, 2, 5; 204B.131, subdivision 1;
42.20204B.19, subdivisions 2, 6; 204B.36, subdivisions 1, 2, 3, 4; 204B.44; 204B.45,
42.21subdivision 2; 204C.04, subdivision 2; 204C.08, subdivision 1d; 204C.13,
42.22subdivisions 2, 3, 5; 204C.22, subdivisions 3, 4, 7, 10; 204C.35, subdivisions
42.231, 2; 204C.36, subdivisions 1, 2; 204C.40, subdivision 2; 204D.11, subdivision
42.244; 204D.27, subdivision 11; 205.13, subdivision 3; 205A.05, subdivision 1;
42.25206.90, subdivision 6; 208.02; 208.03; 208.06; 209.01, subdivision 2; 209.021,
42.26subdivisions 2, 3; 209.09, subdivision 2; 365.22, subdivisions 2, 3; 367.31,
42.27subdivision 4; 368.85, subdivision 4; 376.04; 412.551, subdivision 2; proposing
42.28coding for new law in Minnesota Statutes, chapters 123B; 208; repealing
42.29Minnesota Statutes 2014, sections 123B.09, subdivision 5; 204B.14, subdivision
42.306; 204C.13, subdivision 4; 204C.30, subdivision 1; 208.07; 208.08; 383A.555."

43.1	We request the adoption of this report and repassage of the bill.
43.2	Senate Conferees:
43.3	.....		.....
43.4	Katie Sieben		Kent Eken
43.5	.....
43.6	Jim Carlson
43.7	House Conferees:
43.8	.....		.....
43.9	Tim Sanders		Tim O'Driscoll
43.10	.....
43.11	Jim Nash