SF 455

as introduced - 89th Legislature (2015 - 2016) Posted on 03/11/2015 04:07pm

A bill for an act
relating to elections; modifying various provisions related to election
administration, including provisions related to school districts, voters, ballots,
candidates, and other election related provisions; making technical changes;
amending Minnesota Statutes 2014, sections 123B.09, subdivision 1; 200.02,
by adding subdivisions; 201.071, subdivision 1; 201.158; 203B.07, subdivision
1; 203B.08, subdivisions 1, 3; 203B.121, subdivision 2; 203B.17, subdivision
1; 204B.06, subdivision 1b; 204B.19, subdivision 6; 204B.45, subdivision 2;
204C.04, subdivision 2; 204C.08, subdivision 1d; 204C.35, subdivisions 1, 2;
204C.36, subdivisions 1, 2; 204C.40, subdivision 2; 204D.27, subdivision 11;
209.021, subdivisions 2, 3; 209.09, subdivision 2; repealing Minnesota Statutes
2014, sections 204B.14, subdivision 6; 204C.30, subdivision 1.

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

Section 1.

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

Subdivision 1.

School board membership.

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

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

Sec. 2.

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

new text begin Subd. 27. new text end

new text begin Partisan offices. new text end

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

Sec. 3.

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

new text begin Subd. 28. new text end

new text begin Nonpartisan offices. new text end

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

Sec. 4.

Minnesota Statutes 2014, section 201.071, subdivision 1, is amended to read:

Subdivision 1.

Form.

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

"I certify that I:

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

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

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

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

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

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

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

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

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

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

And the instruction:

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

deleted text begin A paper voter registration application must be of suitable size and weight for
mailing. deleted text end The form of the voter registration application and the certification of voter
eligibility must be as provided in this subdivision and approved by the secretary of state.
Voter registration forms authorized by the National Voter Registration Act must also be
accepted as valid. The federal postcard application form must also be accepted as valid if
it is not deficient and the voter is eligible to register in Minnesota.

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

Sec. 5.

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

201.158 USE OF DEPARTMENT OF PUBLIC SAFETY DATA.

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

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

Sec. 6.

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

Subdivision 1.

Delivery of envelopes, directions.

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

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

Sec. 7.

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

Subdivision 1.

Marking and return by voter.

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

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

Sec. 8.

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

Subd. 3.

Procedures on receipt of ballots.

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

Sec. 9.

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

Subd. 2.

Duties of ballot board; absentee ballots.

(a) The members of the ballot
board shall take possession of all return envelopes delivered to them in accordance with
section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district
clerk, two or more members of the ballot board shall examine each return envelope and
shall mark it accepted or rejected in the manner provided in this subdivision. Election
judges performing the duties in this section must be of different major political parties,
unless they are exempt from that requirement under section 205.075, subdivision 4, or
section 205A.10, subdivision 2.

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

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

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

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

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

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

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

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

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

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

(3) If an envelope is rejected within five days of the election, the envelope must
remain sealed and the official in charge of the ballot board must attempt to contact the
voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
The official must document the attempts made to contact the voter.

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

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

(2) the reason for rejection; and

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

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

Sec. 10.

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

Subdivision 1.

Submission of application.

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

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

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

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

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

Sec. 11.

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

Subd. 1b.

Address and telephone number.

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

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

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

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

Sec. 12.

Minnesota Statutes 2014, section 204B.19, subdivision 6, is amended to read:

Subd. 6.

High school students.

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

Sec. 13.

Minnesota Statutes 2014, section 204B.45, subdivision 2, is amended to read:

Subd. 2.

Procedure.

Notice of the election and the special mail procedure must
be given at least ten weeks prior to the election. Not more than 46 days nor later than 14
days before a regularly scheduled election and not more than 30 days nor later than 14
days before any other election, the auditor shall mail ballots by nonforwardable mail to
all voters registered in the town or unorganized territory. No later than 14 days before
the election, the auditor must make a subsequent mailing of ballots to those voters who
register to vote after the initial mailing but before the 20th day before the election.
Eligible voters not registered at the time the ballots are mailed may apply for ballots as
provided in chapter 203B. Ballot return envelopes, with return postage provided, must
be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in
person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board
to examine the mail and absentee ballot return envelopes and mark them "accepted" or
"rejected" within three days of receipt if there are 14 or fewer days before election day, or
within five days of receipt if there are more than 14 days before election day. The board
may consist of deputy county auditors or deputy municipal clerks who have received
training in the processing and counting of mail ballots, who need not be affiliated with
a major political party. Election judges performing the duties in this section must be of
different major political parties, unless they are exempt from that requirement under
section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at
least five days before the election, the ballots in the envelope must remain sealed and the
auditor or clerk shall provide the voter with a replacement ballot and return envelope in
place of the spoiled ballot. If the ballot is rejected within five days of the election, the
envelope must remain sealed and the official in charge of the ballot board must attempt to
contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
rejected. The official must document the attempts made to contact the voter.

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

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

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

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

Sec. 14.

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

Subd. 2.

Elections covered.

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

Sec. 15.

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

Subd. 1d.

Voter's Bill of Rights.

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

"VOTER'S BILL OF RIGHTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 16.

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

Subdivision 1.

Publicly funded recounts.

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

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

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

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

Immediately following the meeting of the board that has responsibility for
canvassing the results of the nomination, the filing officer must notify the candidate that
the candidate has the option to request a recount of the votes at no cost to the candidate.
This written request must be received by the filing officer no later than deleted text begin 48 hours deleted text end new text begin 5:00 p.m.
on the second day new text end after the canvass of the primary for which the recount is being sought.

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

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

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

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

Immediately following the meeting of the board that has responsibility for canvassing
the results of the general election, the filing officer must notify the candidate that the
candidate has the option to request a recount of the votes at no cost to the candidate. This
written request must be received by the filing officer no later than deleted text begin 48 hours deleted text end new text begin 5:00 p.m. on
the second day new text end after the canvass of the election for which the recount is being sought.

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

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

Sec. 17.

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

Subd. 2.

Discretionary candidate recounts.

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

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

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

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

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

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

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

Sec. 18.

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

Subdivision 1.

Publicly funded recounts.

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

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

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

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

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

Sec. 19.

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

Subd. 2.

Discretionary candidate recounts.

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

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

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

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

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

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

Sec. 20.

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

Subd. 2.

Time of issuance; certain offices.

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

Sec. 21.

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

Subd. 11.

Certificate of legislative election.

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

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

Sec. 22.

Minnesota Statutes 2014, section 209.021, subdivision 2, is amended to read:

Subd. 2.

Notice filed with court.

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

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

Sec. 23.

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

Subd. 3.

Notice served on parties.

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

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

Sec. 24.

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

Subd. 2.

Statewide offices and questions.

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

Sec. 25. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 204B.14, subdivision 6; and 204C.30, subdivision
1, new text end new text begin are repealed.
new text end