SF 509A

Conference Committee Report - 87th Legislature (2011 - 2012) Posted on 01/15/2013 08:29pm

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 509

1.2A bill for an act

1.3relating to elections; requiring voters to provide picture identification before
1.4receiving a ballot in most situations; providing for the issuance of voter
1.5identification cards at no charge; establishing a procedure for provisional
1.6balloting; creating challenged voter eligibility list; specifying other election
1.7administration procedures; allowing use of electronic polling place rosters;
1.8setting standards for use of electronic polling place rosters; creating legislative
1.9task force on electronic roster implementation; enacting procedures related to
1.10recounts; appropriating money;amending Minnesota Statutes 2010, sections
1.1113.69, subdivision 1; 135A.17, subdivision 2; 171.01, by adding a subdivision;
1.12171.06, subdivisions 1, 2, 3, by adding a subdivision; 171.061, subdivisions
1.131, 3, 4; 171.07, subdivisions 1a, 4, 9, 14, by adding a subdivision; 171.071;
1.14171.11; 171.14; 200.02, by adding a subdivision; 201.021; 201.022, subdivision
1.151; 201.061, subdivisions 3, 4, 7; 201.071, subdivision 3; 201.081; 201.121,
1.16subdivisions 1, 3; 201.171; 201.221, subdivision 3; 203B.04, subdivisions 1,
1.172; 203B.06, subdivision 5; 203B.121, subdivision 1; 204B.14, subdivision 2;
1.18204B.40; 204C.10; 204C.12, subdivisions 3, 4; 204C.14; 204C.20, subdivisions
1.191, 2, 4, by adding a subdivision; 204C.23; 204C.24, subdivision 1; 204C.32;
1.20204C.33, subdivision 1; 204C.37; 204C.38; 204D.24, subdivision 2; 205.065,
1.21subdivision 5; 205.185, subdivision 3; 205A.03, subdivision 4; 205A.10,
1.22subdivision 3; 206.86, subdivisions 1, 2; 209.021, subdivision 1; 209.06,
1.23subdivision 1; 211B.11, subdivision 1; proposing coding for new law in
1.24Minnesota Statutes, chapters 200; 201; 204C; 299A; proposing coding for new
1.25law as Minnesota Statutes, chapters 204E; 206A; repealing Minnesota Statutes
1.262010, sections 203B.04, subdivision 3; 204C.34; 204C.35; 204C.36; 204C.361.
1.27May 16, 2011
1.28The Honorable Michelle L. Fischbach
1.29President of the Senate
1.30The Honorable Kurt Zellers
1.31Speaker of the House of Representatives
1.32We, the undersigned conferees for S.F. No. 509 report that we have agreed upon the
1.33items in dispute and recommend as follows:
1.34That the House recede from its amendments and that S.F. No. 509 be further
1.35amended as follows:
1.36Delete everything after the enacting clause and insert:

2.1"ARTICLE 1

2.2VOTER REGISTRATION, PHOTO IDENTIFICATION, AND
2.3PROVISIONAL BALLOTING

2.4    Section 1. Minnesota Statutes 2010, section 10A.20, subdivision 2, is amended to read:
2.5    Subd. 2. Time for filing. (a) The reports must be filed with the board on or before
2.6January 31 of each year and additional reports must be filed as required and in accordance
2.7with paragraphs (b) to (d) (e).
2.8(b) In each year in which the name of the candidate is on the ballot, the report of
2.9the principal campaign committee must be filed 15 days before a primary and ten days
2.10before a general election, seven days before a special primary and a special election,
2.11and ten days after a special election cycle.
2.12(c) In each general election year, a political committee or political fund must file
2.13reports 28 and 15 days before a primary and 42 and ten days before a general election.
2.14Beginning in 2012, reports required under this paragraph must also be filed 56 days before
2.15a primary.
2.16(d) In each general election year, a party unit must file reports 15 days before a
2.17primary and ten days before a general election.
2.18(e) The treasurer of a political committee, political fund, principal campaign
2.19committee, or party unit that has received contributions or made expenditures that in
2.20aggregate within the year exceed $5,000 must file a report with the board by April 7 in
2.21each year and by July 7 and October 7 in years when there is no general election.

2.22    Sec. 2. Minnesota Statutes 2010, section 13.69, subdivision 1, is amended to read:
2.23    Subdivision 1. Classifications. (a) The following government data of the
2.24Department of Public Safety are private data:
2.25(1) medical data on driving instructors, licensed drivers, and applicants for parking
2.26certificates and special license plates issued to physically disabled persons;
2.27(2) other data on holders of a disability certificate under section 169.345, except that
2.28data that are not medical data may be released to law enforcement agencies;
2.29(3) Social Security numbers in driver's license and motor vehicle registration
2.30records, except that Social Security numbers must be provided to the Department of
2.31Revenue for purposes of tax administration, the Department of Labor and Industry for
2.32purposes of workers' compensation administration and enforcement, and the Department
2.33of Natural Resources for purposes of license application administration; and
2.34(4) data on persons listed as standby or temporary custodians under section 171.07,
2.35subdivision 11 , except that the data must be released to:
3.1(i) law enforcement agencies for the purpose of verifying that an individual is a
3.2designated caregiver; or
3.3(ii) law enforcement agencies who state that the license holder is unable to
3.4communicate at that time and that the information is necessary for notifying the designated
3.5caregiver of the need to care for a child of the license holder; and
3.6(5) data on applicants for a Minnesota voter identification card under section 171.07,
3.7subdivision 3b.
3.8The department may release the Social Security number only as provided in clause
3.9(3) and must not sell or otherwise provide individual Social Security numbers or lists of
3.10Social Security numbers for any other purpose.
3.11(b) The following government data of the Department of Public Safety are
3.12confidential data: data concerning an individual's driving ability when that data is received
3.13from a member of the individual's family.

3.14    Sec. 3. Minnesota Statutes 2010, section 171.01, is amended by adding a subdivision
3.15to read:
3.16    Subd. 51. Voter identification card. "Voter identification card" means a card
3.17issued or issuable under the laws of this state by the commissioner of public safety that
3.18denotes citizenship, identity, and residence address and may be used as identification
3.19and proof of residence for election day voter registration and for voting on election day,
3.20but for no other purpose.

3.21    Sec. 4. Minnesota Statutes 2010, section 171.06, subdivision 1, is amended to read:
3.22    Subdivision 1. Forms of application. Every application for a Minnesota
3.23identification card, for an enhanced identification card, for an instruction permit, for
3.24a provisional license, for a driver's license, or for an enhanced driver's license, or for a
3.25voter identification card must be made in a format approved by the department, and every
3.26application, except for an application for a voter identification card, must be accompanied
3.27by the proper fee. All first-time applications and change-of-status applications must be
3.28signed in the presence of the person authorized to accept the application, or the signature
3.29on the application may be verified by a notary public. All applications requiring evidence
3.30of legal presence in the United States or United States citizenship must be signed in
3.31the presence of the person authorized to accept the application, or the signature on the
3.32application may be verified by a notary public.

3.33    Sec. 5. Minnesota Statutes 2010, section 171.06, subdivision 2, is amended to read:
4.1    Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are
4.2as follows:

4.3	Classified Driver's License		D-$22.25	C-$26.25	B-$33.25	A-$41.25
4.4	Classified Under-21 D.L.		D-$22.25	C-$26.25	B-$33.25	A-$21.25
4.5	Enhanced Driver's License		D-$37.25	C-$41.25	B-$48.25	A-$56.25
4.6	Instruction Permit					$10.25
4.7 4.8	Enhanced Instruction Permit					$25.25
4.9	Provisional License					$13.25
4.10 4.11	Enhanced Provisional License					$28.25
4.12 4.13 4.14	Duplicate License or duplicate identification card					$11.75
4.15 4.16 4.17 4.18	Enhanced Duplicate License or enhanced duplicate identification card					$26.75
4.19 4.20 4.21 4.22 4.23 4.24 4.25	Minnesota identification card or Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a					$16.25
4.26 4.27	Enhanced Minnesota identification card					$31.25

4.28    In addition to each fee required in this paragraph, the commissioner shall collect a
4.29surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be
4.30credited to the driver and vehicle services technology account in the special revenue fund
4.31under section 299A.705.
4.32    (b) Notwithstanding paragraph (a), an individual who holds a provisional license and
4.33has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
4.34169A.35 , or sections 169A.50 to 169A.53, (2) convictions for crash-related moving
4.35violations, and (3) convictions for moving violations that are not crash related, shall have a
4.36$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
4.37has the meaning given it in section 171.04, subdivision 1.
4.38    (c) In addition to the driver's license fee required under paragraph (a), the
4.39commissioner shall collect an additional $4 processing fee from each new applicant
4.40or individual renewing a license with a school bus endorsement to cover the costs for
4.41processing an applicant's initial and biennial physical examination certificate. The
4.42department shall not charge these applicants any other fee to receive or renew the
4.43endorsement.
5.1(d) The commissioner shall not collect any fee or surcharge for a voter identification
5.2card.

5.3    Sec. 6. Minnesota Statutes 2010, section 171.06, subdivision 3, is amended to read:
5.4    Subd. 3. Contents of license application; other information. (a) An application
5.5for a Minnesota identification card, enhanced identification card, instruction permit,
5.6provisional license, driver's license, or enhanced driver's license must:
5.7    (1) state the full name, date of birth, sex, and either (i) the residence address of the
5.8applicant, or (ii) designated address under section 5B.05;
5.9    (2) as may be required by the commissioner, contain a description of the applicant
5.10and any other facts pertaining to the applicant, the applicant's driving privileges, and the
5.11applicant's ability to operate a motor vehicle with safety;
5.12    (3) state:
5.13    (i) the applicant's Social Security number; or
5.14    (ii) if the applicant does not have a Social Security number and is applying for a
5.15Minnesota identification card, instruction permit, or class D provisional or driver's license,
5.16that the applicant certifies that the applicant does not have a Social Security number;
5.17    (4) in the case of an application for an enhanced driver's license or enhanced
5.18identification card, present:
5.19(i) proof satisfactory to the commissioner of the applicant's full legal name, United
5.20States citizenship, identity, date of birth, Social Security number, and residence address;
5.21and
5.22(ii) a photographic identity document;
5.23(5) contain a space where the applicant may indicate a desire to make an anatomical
5.24gift according to paragraph (b);
5.25    (6) contain a notification to the applicant of the availability of a living will/health
5.26care directive designation on the license under section 171.07, subdivision 7; and
5.27(7) contain a space where the applicant may request a veteran designation on the
5.28license under section 171.07, subdivision 15, and the driving record under section 171.12,
5.29subdivision 5a.
5.30    (b) If the applicant does not indicate a desire to make an anatomical gift when
5.31the application is made, the applicant must be offered a donor document in accordance
5.32with section 171.07, subdivision 5. The application must contain statements sufficient to
5.33comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
5.34Act, chapter 525A, so that execution of the application or donor document will make
5.35the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a
6.1desire to make an anatomical gift. The application must be accompanied by information
6.2describing Minnesota laws regarding anatomical gifts and the need for and benefits of
6.3anatomical gifts, and the legal implications of making an anatomical gift, including the
6.4law governing revocation of anatomical gifts. The commissioner shall distribute a notice
6.5that must accompany all applications for and renewals of a driver's license or Minnesota
6.6identification card. The notice must be prepared in conjunction with a Minnesota organ
6.7procurement organization that is certified by the federal Department of Health and Human
6.8Services and must include:
6.9    (1) a statement that provides a fair and reasonable description of the organ donation
6.10process, the care of the donor body after death, and the importance of informing family
6.11members of the donation decision; and
6.12    (2) a telephone number in a certified Minnesota organ procurement organization that
6.13may be called with respect to questions regarding anatomical gifts.
6.14    (c) The application must be accompanied also by information containing relevant
6.15facts relating to:
6.16    (1) the effect of alcohol on driving ability;
6.17    (2) the effect of mixing alcohol with drugs;
6.18    (3) the laws of Minnesota relating to operation of a motor vehicle while under the
6.19influence of alcohol or a controlled substance; and
6.20    (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
6.21for alcohol-related violations.

6.22    Sec. 7. Minnesota Statutes 2010, section 171.06, is amended by adding a subdivision
6.23to read:
6.24    Subd. 3b. Application for voter identification card. An application for a voter
6.25identification card, including a renewal or duplicate card, or a new card required as a
6.26result of change of address, must:
6.27(1) state the applicant's full legal name, date of birth, sex, residence address, and
6.28(i) last four digits of the applicant's Social Security number, or (ii) certification that the
6.29applicant has not been assigned a Social Security number;
6.30(2) provide a description of the applicant in the same manner as required on an
6.31application for a Minnesota driver's license;
6.32(3) be accompanied by proof satisfactory to the commissioner of the applicant's
6.33United States citizenship;
6.34(4) state the length of residence at the applicant's current address; and
7.1(5) present a photographic identity document or affirm under penalty of perjury that
7.2the applicant has a religious objection to the use of a photographic image.

7.3    Sec. 8. Minnesota Statutes 2010, section 171.061, subdivision 1, is amended to read:
7.4    Subdivision 1. Definitions. For purposes of this section:
7.5(1) "applicant" means an individual applying for a driver's license, provisional
7.6license, restricted license, duplicate license, instruction permit, Minnesota identification
7.7card, voter identification card, or motorized bicycle operator's permit; and
7.8(2) "application" refers to an application for a driver's license, provisional license,
7.9restricted license, duplicate license, instruction permit, Minnesota identification card,
7.10 voter identification card, or motorized bicycle operator's permit.

7.11    Sec. 9. Minnesota Statutes 2010, section 171.061, subdivision 3, is amended to read:
7.12    Subd. 3. Application. An applicant may file an application with an agent. The
7.13agent shall receive and accept applications in accordance with the laws and rules of the
7.14Department of Public Safety for a driver's license, restricted license, duplicate license,
7.15instruction permit, Minnesota identification card, voter identification card, or motorized
7.16bicycle operator's permit.

7.17    Sec. 10. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:
7.18    Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of
7.19$5 for each application, except for an application for a voter identification card, for
7.20which no filing fee may be charged. Except as provided in paragraph (b), the fee shall
7.21cover all expenses involved in receiving, accepting, or forwarding to the department the
7.22applications and fees required under sections 171.02, subdivision 3; 171.06, subdivisions
7.232 and 2a ; and 171.07, subdivisions 3 and 3a.
7.24(b) The department shall maintain the photo identification equipment for all
7.25agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or
7.26discontinuance of an existing agent, and if a new agent is appointed in an existing office
7.27pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota
7.28Rules, part 7404.0400, the department shall provide and maintain photo identification
7.29equipment without additional cost to a newly appointed agent in that office if the office
7.30was provided the equipment by the department before January 1, 2000. All photo
7.31identification equipment must be compatible with standards established by the department.
7.32(c) A filing fee retained by the agent employed by a county board must be paid into
7.33the county treasury and credited to the general revenue fund of the county. An agent who
8.1is not an employee of the county shall retain the filing fee in lieu of county employment
8.2or salary and is considered an independent contractor for pension purposes, coverage
8.3under the Minnesota State Retirement System, or membership in the Public Employees
8.4Retirement Association.
8.5(d) Before the end of the first working day following the final day of the reporting
8.6period established by the department, the agent must forward to the department all
8.7applications and fees collected during the reporting period except as provided in paragraph
8.8(c). The department shall transmit payment to the agent of $5 for each application for a
8.9voter identification card. An agent employed by a county board shall remit the payments
8.10to the county under paragraph (c) and all other agents may retain the payments.

8.11    Sec. 11. Minnesota Statutes 2010, section 171.07, subdivision 1a, is amended to read:
8.12    Subd. 1a. Filing photograph or image; data classification. The department
8.13shall file, or contract to file, all photographs or electronically produced images obtained
8.14in the process of issuing drivers' licenses or, Minnesota identification cards, or voter
8.15identification cards. The photographs or electronically produced images shall be private
8.16data pursuant to section 13.02, subdivision 12. Notwithstanding section 13.04, subdivision
8.173 , the department shall not be required to provide copies of photographs or electronically
8.18produced images to data subjects. The use of the files is restricted:
8.19    (1) to the issuance and control of drivers' licenses and voter identification cards;
8.20    (2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the
8.21investigation and prosecution of crimes, service of process, enforcement of no contact
8.22orders, location of missing persons, investigation and preparation of cases for criminal,
8.23juvenile, and traffic court, and supervision of offenders;
8.24    (3) to public defenders, as defined in section 611.272, for the investigation and
8.25preparation of cases for criminal, juvenile, and traffic courts; and
8.26    (4) to child support enforcement purposes under section 256.978.

8.27    Sec. 12. Minnesota Statutes 2010, section 171.07, is amended by adding a subdivision
8.28to read:
8.29    Subd. 3b. Voter identification cards. (a) A voter identification card must be
8.30issued to a qualifying applicant who, on the election day next occurring after the date of
8.31issuance, will meet the voter eligibility requirements of the Minnesota State Constitution
8.32and statutes, and who does not possess a current Minnesota driver's license or Minnesota
8.33identification card.
9.1(b) A voter identification card must bear a distinguishing number assigned to
9.2the applicant; the applicant's full name and date of birth; the applicant's address of
9.3residence; a description of the applicant in the same manner as provided on a Minnesota
9.4driver's license; the date of the card's expiration; and the usual signature of the applicant.
9.5The card must bear a colored photograph or an electronically produced image of the
9.6applicant, or, for an applicant who has affirmed a religious objection under section 171.06,
9.7subdivision 3b, clause (5), the card must bear the words "Valid without photograph."
9.8An individual eligible to apply for status as a permanent absentee voter under section
9.9203B.04, subdivision 5, must be permitted to submit a photograph, consistent with any
9.10size or formatting requirements of the commissioner of public safety, for use on a voter
9.11identification card issued under this subdivision.
9.12(c) A voter identification card shall not be valid identification for purposes unrelated
9.13to voting in Minnesota.
9.14(d) A voter identification card must be of a different color scheme than a Minnesota
9.15driver's license or state identification card, but must incorporate the same information and
9.16security features as provided in subdivision 9.
9.17(e) Each voter identification card must be plainly marked: "Voter Identification –
9.18Not a driver's license. Valid Identification Only for Voting."

9.19    Sec. 13. Minnesota Statutes 2010, section 171.07, subdivision 4, is amended to read:
9.20    Subd. 4. Expiration. (a) Except as otherwise provided in this subdivision,
9.21the expiration date of Minnesota identification cards and voter identification cards of
9.22applicants under the age of 65 shall be the birthday of the applicant in the fourth year
9.23following the date of issuance of the card.
9.24(b) Minnesota identification cards and voter identification cards issued to applicants
9.25age 65 or over shall be valid for the lifetime of the applicant.
9.26(c) The expiration date for an Under-21 identification card is the cardholder's 21st
9.27birthday. The commissioner shall issue an identification card to a holder of an Under-21
9.28identification card who applies for the card, pays the required fee, and presents proof of
9.29identity and age, unless the commissioner determines that the applicant is not qualified
9.30for the identification card.

9.31    Sec. 14. Minnesota Statutes 2010, section 171.07, subdivision 9, is amended to read:
9.32    Subd. 9. Improved security. The commissioner shall develop new Drivers'
9.33licenses and, identification cards, to be issued beginning January 1, 1994, that and voter
9.34identification cards must be as impervious to alteration as is reasonably practicable in their
10.1design and quality of material and technology. The driver's license security laminate
10.2shall be made from materials not readily available to the general public. The design and
10.3technology employed must enable the driver's license and identification card to be subject
10.4to two or more methods of visual verification capable of clearly indicating the presence
10.5of tampering or counterfeiting. The driver's license and identification card must not be
10.6susceptible to reproduction by photocopying or simulation and must be highly resistant
10.7to data or photograph substitution and other tampering.

10.8    Sec. 15. Minnesota Statutes 2010, section 171.07, subdivision 14, is amended to read:
10.9    Subd. 14. Use of Social Security number. An applicant's Social Security number
10.10must not be displayed, encrypted, or encoded on the driver's license or, Minnesota
10.11identification card, voter identification card, or included in a magnetic strip or bar code
10.12used to store data on the license or, Minnesota identification card, or voter identification
10.13card. The Social Security number must not be used as a Minnesota driver's license or,
10.14identification, or voter identification number.

10.15    Sec. 16. Minnesota Statutes 2010, section 171.071, is amended to read:
10.16171.071 PHOTOGRAPH ON LICENSE OR, IDENTIFICATION CARD, OR
10.17VOTER IDENTIFICATION CARD.
10.18    Subdivision 1. Religious objection. Notwithstanding the provisions of section
10.19171.07 , the commissioner of public safety may adopt rules to permit identification on a
10.20driver's license or, Minnesota identification card, or voter identification card in lieu of
10.21a photograph or electronically produced image where the commissioner finds that the
10.22licensee has religious objections to the use of a photograph or electronically produced
10.23image.
10.24    Subd. 2. Certain head wear permitted. If an accident involving a head injury,
10.25serious illness, or treatment of the illness has resulted in hair loss by an applicant for a
10.26driver's license or, identification card, or voter identification card, the commissioner shall
10.27permit the applicant to wear a hat or similar head wear in the photograph or electronically
10.28produced image. The hat or head wear must be of an appropriate size and type to allow
10.29identification of the holder of the license or card and must not obscure the holder's face.
10.30    Subd. 3. Exception. Subdivisions 1 and 2 do not apply to the commissioner's
10.31requirements pertaining to a photograph or electronically produced image on an enhanced
10.32driver's license or an enhanced identification card.

10.33    Sec. 17. Minnesota Statutes 2010, section 171.11, is amended to read:
11.1171.11 DUPLICATE LICENSE OR VOTER IDENTIFICATION CARD;
11.2CHANGE OF DOMICILE OR NAME.
11.3    Subdivision 1. Duplicate driver's license. When any person, after applying for or
11.4receiving a driver's license, shall change permanent domicile from the address named in
11.5such application or in the license issued to the person, or shall change a name by marriage
11.6or otherwise, such person shall, within 30 days thereafter, apply for a duplicate driver's
11.7license upon a form furnished by the department and pay the required fee. The application
11.8or duplicate license shall show both the licensee's old address and new address or the
11.9former name and new name as the case may be.
11.10    Subd. 2. Duplicate voter identification card. A voter identification cardholder who
11.11changes residence address or name from the address or name stated on the card shall not
11.12present the card for voting purposes, but must apply for a duplicate voter identification card
11.13upon a form furnished by the department. The application for duplicate voter identification
11.14card must show the cardholder's former address and current address, along with length of
11.15residence at the current address, and the former name and current name, as applicable.

11.16    Sec. 18. Minnesota Statutes 2010, section 171.14, is amended to read:
11.17171.14 CANCELLATION.
11.18    (a) The commissioner may cancel any driver's license or voter identification card
11.19upon determination that (1) the licensee or cardholder was not entitled to the issuance of
11.20the license or card, (2) the licensee or cardholder failed to give the required or correct
11.21information in the application, (3) the licensee or cardholder committed any fraud or
11.22deceit in making the application, or (4) the person, at the time of the cancellation, would
11.23not have been entitled to receive a license under section 171.04, or a cardholder under
11.24section 171.07.
11.25    (b) The commissioner shall cancel the driver's license of a person described in
11.26paragraph (a), clause (3), for 60 days or until the required or correct information has
11.27been provided, whichever is longer.
11.28(c) The commissioner shall cancel the voter identification card of a person described
11.29in paragraph (a) until the person completes the application process under section 171.06,
11.30and complies in all respects with the requirements of the commissioner.
11.31(d) The commissioner shall immediately notify the holder of a voter identification
11.32card of a cancellation of the card. Notification must be by mail, addressed to the
11.33cardholder's last known address, with postage prepaid.

11.34    Sec. 19. [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.
12.1(a) The following are sufficient proof of identity and residence for purposes of
12.2election day voter registration under section 201.061, subdivision 3, and for determining
12.3whether to count a provisional ballot under section 204C.135, subdivision 2:
12.4(1) a current driver's license, state identification card, or voter identification card
12.5issued to the voter by the Department of Public Safety that contains the voter's current
12.6address of residence in the precinct;
12.7(2) an identification card issued to the voter by the tribal government of a tribe
12.8recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the
12.9voter's current address of residence in the precinct, and any other items of data required to
12.10be contained on a Minnesota identification card, as provided in section 171.07, subdivision
12.113, paragraphs (a) and (b);
12.12(3) an original receipt for a new, renewed, or updated driver's license, state
12.13identification card, or voter identification card issued to the voter under section 171.07
12.14that contains the voter's current address of residence in the precinct along with one of the
12.15following documents, provided that it contains a photograph of the voter:
12.16(i) a driver's license, identification card, or voter identification card that is expired
12.17or does not contain the voter's current address of residence, issued to the voter by the
12.18state of Minnesota or any other state of the United States as defined in section 645.44,
12.19subdivision 11;
12.20(ii) a United States passport, issued to the voter;
12.21(iii) an identification card issued by a branch, department, agency, entity, or
12.22subdivision of Minnesota or the federal government;
12.23(iv) an identification card issued by an accredited postsecondary institution with
12.24a campus located within Minnesota, if a list of students from that institution has been
12.25prepared under section 135A.17 and certified to the county auditor in the manner provided
12.26in rules of the secretary of state; or
12.27(v) an identification card issued to the voter by the tribal government of a tribe
12.28recognized by the Bureau of Indian Affairs;
12.29(4) if the voter is a student, a driver's license or identification card issued by
12.30Minnesota or any other state of the United States as defined in section 645.44, subdivision
12.3111 that does not contain the voter's current address of residence, along with a current
12.32student fee statement that contains the student's valid address of residence in the precinct;
12.33or
12.34(5) if the voter resides in a residential facility located in the precinct, a driver's
12.35license or identification card issued to the voter by the Department of Public Safety that
13.1contains the voter's photograph along with a certification of residence in the facility,
13.2signed by the facility administrator on a form prescribed by the secretary of state.
13.3(b) As used in this section, "residential facility" means transitional housing as
13.4defined in section 256E.33, subdivision 1; a supervised living facility licensed by the
13.5commissioner of health under section 144.50, subdivision 6; a nursing home as defined in
13.6section 144A.01, subdivision 5; a residence registered with the commissioner of health
13.7as a housing with services establishment as defined in section 144D.01, subdivision 4;
13.8a veterans home operated by the commissioner of veterans affairs under chapter 198;
13.9a residence licensed by the commissioner of human services to provide a residential
13.10program as defined in section 245A.02, subdivision 14; a residential facility for persons
13.11with a developmental disability licensed by the commissioner of human services under
13.12section 252.28; group residential housing as defined in section 256I.03, subdivision 3; a
13.13shelter for battered women as defined in section 611A.37, subdivision 4; or a supervised
13.14publicly or privately operated shelter or dwelling designed to provide temporary living
13.15accommodations for the homeless.

13.16    Sec. 20. [201.017] STATE-SUBSIDIZED VOTER IDENTIFICATION CARD
13.17ACCOUNT.
13.18A state-subsidized voter identification card account is established in the special
13.19revenue fund. Money in the account is appropriated to the Department of Public Safety for
13.20purposes of providing state-subsidized voter identification cards to individuals qualifying
13.21under section 171.07, subdivision 3b, provided that the department may not be reimbursed
13.22more than the actual cost of providing voter identification cards, not to exceed $9.85 for
13.23each card issued. A report of the total expenditures by county must be submitted to the
13.24members of the house and senate committees with oversight of elections by January
13.2531 of each year. On June 30 of each odd-numbered year, any balance in the account is
13.26transferred to the general fund.

13.27    Sec. 21. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:
13.28    Subd. 3. Election day registration. (a) An individual who is eligible to vote may
13.29register on election day by appearing in person at the polling place for the precinct in
13.30which the individual maintains residence, by completing a registration application, making
13.31an oath in the form prescribed by the secretary of state and providing proof of identity and
13.32residence. An individual may prove identity and residence for purposes of registering by:
13.33presenting documentation as permitted by section 200.035.
14.1    (1) presenting a driver's license or Minnesota identification card issued pursuant
14.2to section 171.07;
14.3    (2) presenting any document approved by the secretary of state as proper
14.4identification;
14.5    (3) presenting one of the following:
14.6    (i) a current valid student identification card from a postsecondary educational
14.7institution in Minnesota, if a list of students from that institution has been prepared under
14.8section 135A.17 and certified to the county auditor in the manner provided in rules of
14.9the secretary of state; or
14.10    (ii) a current student fee statement that contains the student's valid address in the
14.11precinct together with a picture identification card; or
14.12    (4) having a voter who is registered to vote in the precinct, or who is an employee
14.13employed by and working in a residential facility in the precinct and vouching for a
14.14resident in the facility, sign an oath in the presence of the election judge vouching that the
14.15voter or employee personally knows that the individual is a resident of the precinct. A
14.16voter who has been vouched for on election day may not sign a proof of residence oath
14.17vouching for any other individual on that election day. A voter who is registered to vote in
14.18the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
14.19does not apply to an employee of a residential facility described in this clause. The
14.20secretary of state shall provide a form for election judges to use in recording the number
14.21of individuals for whom a voter signs proof-of-residence oaths on election day. The
14.22form must include space for the maximum number of individuals for whom a voter may
14.23sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
14.24a statement that the voter is registered to vote in the precinct, personally knows that the
14.25individual is a resident of the precinct, and is making the statement on oath. The form must
14.26include a space for the voter's printed name, signature, telephone number, and address.
14.27    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
14.28attached to the voter registration application.
14.29    (b) The operator of a residential facility shall prepare a list of the names of its
14.30employees currently working in the residential facility and the address of the residential
14.31facility. The operator shall certify the list and provide it to the appropriate county auditor
14.32no less than 20 days before each election for use in election day registration.
14.33    (c) "Residential facility" means transitional housing as defined in section 256E.33,
14.34subdivision 1 ; a supervised living facility licensed by the commissioner of health under
14.35section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
14.365 ; a residence registered with the commissioner of health as a housing with services
15.1establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
15.2the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
15.3licensed by the commissioner of human services to provide a residential program as
15.4defined in section 245A.02, subdivision 14; a residential facility for persons with a
15.5developmental disability licensed by the commissioner of human services under section
15.6252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
15.7for battered women as defined in section 611A.37, subdivision 4; or a supervised
15.8publicly or privately operated shelter or dwelling designed to provide temporary living
15.9accommodations for the homeless.
15.10    (d) For tribal band members, an individual may prove residence for purposes of
15.11registering by:
15.12    (1) presenting an identification card issued by the tribal government of a tribe
15.13recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
15.14contains the name, address, signature, and picture of the individual; or
15.15    (2) presenting an identification card issued by the tribal government of a tribe
15.16recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
15.17contains the name, signature, and picture of the individual and also presenting one of the
15.18documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
15.19    (e) (b) A county, school district, or municipality may must require that an election
15.20judge responsible for election day registration initial sign each completed registration
15.21application.

15.22    Sec. 22. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
15.23    Subd. 3. Procedures for polling place rosters. The secretary of state shall
15.24prescribe the form of polling place rosters that include the voter's name, address, date of
15.25birth, school district number, and space for the voter's signature. The address listed on
15.26the polling place roster must be the voter's address of residence, unless the voter has
15.27requested that the address printed on the roster be the voter's mailing address because
15.28the voter is a judge, or a law enforcement or corrections officer. The secretary of state
15.29may prescribe additional election-related information to be placed on the polling place
15.30rosters on an experimental basis for one state primary and general election cycle; the same
15.31information may not be placed on the polling place roster for a second state primary and
15.32general election cycle unless specified in this subdivision. The polling place roster must
15.33be used to indicate whether the voter has voted in a given election. The secretary of state
15.34shall prescribe procedures for transporting the polling place rosters to the election judges
15.35for use on election day. The secretary of state shall prescribe the form for a county or
16.1municipality to request the date of birth from currently registered voters. The county or
16.2municipality shall not request the date of birth from currently registered voters by any
16.3communication other than the prescribed form and the form must clearly indicate that a
16.4currently registered voter does not lose registration status by failing to provide the date of
16.5birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
16.6polling place rosters used on the date of election for 22 months following the election.

16.7    Sec. 23. Minnesota Statutes 2010, section 204B.21, subdivision 2, is amended to read:
16.8    Subd. 2. Appointing authority; powers and duties. Election judges for precincts
16.9in a municipality shall be appointed by the governing body of the municipality. Election
16.10judges for precincts in unorganized territory and for performing election-related duties
16.11assigned by the county auditor shall be appointed by the county board. Election judges for
16.12a precinct composed of two or more municipalities must be appointed by the governing
16.13body of the municipality or municipalities responsible for appointing election judges
16.14as provided in the agreement to combine for election purposes. Except as otherwise
16.15provided in this section, appointments shall be made from lists furnished pursuant to
16.16subdivision 1 subject to the eligibility requirements and other qualifications established
16.17or authorized under section 204B.19. At least two election judges in each precinct must
16.18be affiliated with different major political parties. If no lists have been furnished or if
16.19additional election judges are required after all listed names in that municipality have
16.20been exhausted, the appointing authority may appoint other individuals who meet the
16.21qualifications to serve as an election judge, including persons who are not affiliated with a
16.22major political party. The appointments shall be made at least 25 days before the election
16.23at which the election judges will serve, except that the appointing authority may pass a
16.24resolution authorizing the appointment of additional election judges within the 25 days
16.25before the election if the appointing authority determines that additional election judges
16.26will be required. Notwithstanding any other provision of law, an individual serving only as
16.27an election judge, is not an employee of a school district, regardless of whether an office
16.28of the school district appears on the ballot in the precinct at the election.

16.29    Sec. 24. Minnesota Statutes 2010, section 204C.10, is amended to read:
16.30204C.10 PERMANENT REGISTRATION; VERIFICATION OF
16.31REGISTRATION.
16.32    Subdivision 1. Polling place roster. (a) In precincts using paper rosters, an
16.33individual seeking to vote shall sign a polling place roster which states that the individual
16.34is at least 18 years of age, a citizen of the United States, has resided in Minnesota for 20
17.1days immediately preceding the election, maintains residence at the address shown, is not
17.2under a guardianship in which the court order revokes the individual's right to vote, has
17.3not been found by a court of law to be legally incompetent to vote or has the right to vote
17.4because, if the individual was convicted of a felony, the felony sentence has expired or
17.5been completed or the individual has been discharged from the sentence, is registered
17.6and has not already voted in the election. The roster must also state: "I understand that
17.7deliberately providing false information is a felony punishable by not more than five years
17.8imprisonment and a fine of not more than $10,000, or both." In precincts using electronic
17.9rosters, an individual seeking to vote shall sign a printed voter's receipt generated from an
17.10electronic roster that meets the standards provided in section 201.225, subdivision 2.
17.11(b) A judge may, Before the applicant signs the roster or a printed voter's receipt
17.12generated from an electronic roster, a judge must: (1) require the voter to present a photo
17.13identification document, as described in subdivision 2; and (2) confirm the applicant's
17.14name, address, and date of birth. A voter who cannot produce sufficient identification as
17.15required by subdivision 2 may not sign the polling place roster, but may cast a provisional
17.16ballot, as provided in section 204C.135.
17.17(c) In precincts using paper rosters, after the applicant signs the roster, the judge
17.18shall give the applicant a voter's receipt. In all precincts, the voter shall deliver the voter's
17.19receipt to the judge in charge of ballots as proof of the voter's right to vote, and thereupon
17.20the judge shall hand to the voter the ballot. The voters' receipts must be maintained during
17.21the time for notice of filing an election contest for 36 months following the date of the
17.22election.
17.23    Subd. 2. Photo identification. (a) To satisfy the photo identification requirement in
17.24subdivision 1, paragraph (b), a voter must present a valid form of one of the following
17.25documents or sets of documents, issued to the voter:
17.26(1) a Minnesota driver's license, state identification card, or voter identification card
17.27issued under section 171.07 that contains the voter's current address of residence in the
17.28precinct;
17.29(2)(i) an original receipt for a new, renewed, or updated driver's license, state
17.30identification card, or voter identification card issued to the voter under section 171.07 that
17.31contains the voter's current address of residence in the precinct; and
17.32(ii) a driver's license, identification card, or a voter identification card that is expired,
17.33invalidated, or does not contain the voter's current address of residence in the precinct,
17.34issued to the voter by the state of Minnesota or any other state of the United States as
17.35defined in section 645.44, subdivision 11;
18.1(3) an identification card issued by the tribal government of a tribe recognized
18.2by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's
18.3current address of residence in the precinct, and any other items of data required to be
18.4contained on a Minnesota identification card, as provided in section 171.07, subdivision 3,
18.5paragraphs (a) and (b); or
18.6(4) if the voter resides in a residential facility located in the precinct, a driver's
18.7license or identification card issued to the voter by the Department of Public Safety that
18.8contains the voter's photograph along with a certification of residence in the facility,
18.9signed by the facility administrator on a form prescribed by the secretary of state.
18.10(b) As used in this subdivision, "residential facility" means transitional housing as
18.11defined in section 256E.33, subdivision 1; a supervised living facility licensed by the
18.12commissioner of health under section 144.50, subdivision 6; a nursing home as defined in
18.13section 144A.01, subdivision 5; a residence registered with the commissioner of health
18.14as a housing with services establishment as defined in section 144D.01, subdivision 4;
18.15a veterans home operated by the commissioner of veterans affairs under chapter 198;
18.16a residence licensed by the commissioner of human services to provide a residential
18.17program as defined in section 245A.02, subdivision 14; a residential facility for persons
18.18with a developmental disability licensed by the commissioner of human services under
18.19section 252.28; group residential housing as defined in section 256I.03, subdivision 3; a
18.20shelter for battered women as defined in section 611A.37, subdivision 4; or a supervised
18.21publicly or privately operated shelter or dwelling designed to provide temporary living
18.22accommodations for the homeless.
18.23(c) An identification card presented under this section by a voter who is a judge, law
18.24enforcement officer, or corrections officer is not deficient for a lack of the voter's current
18.25address of residence in the precinct if the identification card contains the mailing address
18.26of the voter and that matches the address listed on the polling place roster.

18.27    Sec. 25. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:
18.28    Subd. 3. Determination of residence. In determining the legal residence of a
18.29challenged individual, the election judges shall be governed by the principles contained in
18.30section 200.031. If the challenged individual's answers to the questions show ineligibility
18.31to vote in that precinct, the individual shall not be allowed to vote. If the individual has
18.32marked ballots but not yet deposited them in the ballot boxes before the election judges
18.33determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened
18.34with the spoiled ballots. If the answers to the questions fail to show that the individual is
18.35not eligible to vote in that precinct and the challenge is not withdrawn, the election judges
19.1shall verbally administer the oath on the voter certificate to the individual. After taking the
19.2oath and completing and signing the voter certificate, the challenged individual shall be
19.3allowed to vote permit the voter to cast a provisional ballot, in the manner provided in
19.4section 204C.135.

19.5    Sec. 26. [204C.135] PROVISIONAL BALLOTS.
19.6    Subdivision 1. Casting of provisional ballots. (a) The following voters seeking to
19.7vote are entitled to cast a provisional ballot in the manner provided by this section:
19.8(1) a voter who is unable to provide proper photo identification as required by
19.9section 204C.10;
19.10(2) a voter whose registration status is listed as "challenged" on the polling place
19.11roster and who has not proven the voter's eligibility to vote in the precinct; and
19.12(3) a voter whose eligibility to vote is challenged in the polling place and who is
19.13unable to overcome the challenge as permitted by section 204C.12.
19.14(b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster
19.15and complete a provisional ballot envelope. The envelope must contain a space for the
19.16voter to list the voter's name, address of residence, date of birth, voter identification
19.17number, and any other information prescribed by the secretary of state. The voter must
19.18also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously
19.19in the same election, and meets the criteria for registering to vote in the precinct in which
19.20the voter appears.
19.21Once the voter has completed the provisional ballot envelope, the voter must be
19.22allowed to cast a provisional ballot. The provisional ballot must be the same as the official
19.23ballot available in the precinct on election day. A completed provisional ballot shall be
19.24sealed in a secrecy envelope. The secrecy envelope shall be sealed inside the voter's
19.25provisional ballot envelope and deposited by the voter in a secure, sealed provisional
19.26ballot box. Completed provisional ballots may not be combined with other voted ballots
19.27in the polling place.
19.28(c) The form of the secrecy and provisional ballot envelopes shall be prescribed by
19.29the secretary of state. The provisional ballot envelope must be a color other than that
19.30provided for absentee ballot envelopes and must be prominently labeled "Provisional
19.31Ballot Envelope."
19.32(d) Provisional ballots and related documentation shall be delivered to and securely
19.33maintained by the county auditor or municipal clerk in the same manner as required for
19.34other election materials under sections 204C.27 to 204C.28.
20.1    Subd. 2. Counting provisional ballots. (a) A voter who casts a provisional ballot in
20.2the polling place may personally appear before the county auditor or municipal clerk no
20.3later than seven calendar days following the election to prove that the voter's provisional
20.4ballot should be counted. The county auditor or municipal clerk must count a provisional
20.5ballot in the final certified results from the precinct if:
20.6(1) the statewide voter registration system indicates that the voter is eligible to
20.7vote or, if challenged, the county auditor or municipal clerk does not, based upon
20.8available records and any documentation presented by the voter, conclude that the voter is
20.9ineligible; and
20.10(2) the voter presents proof of identity and residence in the precinct in the manner
20.11permitted by section 200.035.
20.12(b) If a voter does not appear before the county auditor or municipal clerk within
20.13seven calendar days following the election or otherwise does not satisfy the requirements
20.14of paragraph (a), or if the data listed on the items of identification presented by the voter
20.15does not match the data submitted by the voter on the provisional ballot envelope, the
20.16voter's provisional ballot must not be counted.
20.17(c) The county auditor or municipal clerk must notify, in writing, any provisional
20.18voter who does not appear within seven calendar days of the election that the voter's
20.19provisional ballot was not counted because of the voter's failure to appear before the
20.20county auditor or municipal clerk within the time permitted by law to determine whether
20.21the provisional ballot should be counted.
20.22    Subd. 3. Provisional ballots; reconciliation. Prior to counting any provisional
20.23ballots in the final vote totals from a precinct, the county auditor must verify that the
20.24number of signatures appearing on the provisional ballot roster from that precinct is equal
20.25to the number of provisional ballots submitted by voters in the precinct on election day.
20.26Any discrepancy must be resolved before the provisional ballots from the precinct may
20.27be counted. Excess provisional ballots must be randomly withdrawn in the manner
20.28required by section 204C.20, subdivision 2, after the period for a voter to appear to prove
20.29residence and identity has expired and the ballots to be counted have been separated from
20.30the provisional ballot envelopes.

20.31    Sec. 27. Minnesota Statutes 2010, section 204C.14, is amended to read:
20.32204C.14 UNLAWFUL VOTING; PENALTY.
20.33No individual shall intentionally:
21.1(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot
21.2in a ballot box, requesting a provisional ballot or requesting that a provisional ballot be
21.3counted, or attempting to vote by means of a voting machine or electronic voting system;
21.4(b) vote more than once at the same election;
21.5(c) put a ballot in a ballot box for any illegal purpose;
21.6(d) give more than one ballot of the same kind and color to an election judge to
21.7be placed in a ballot box;
21.8(e) aid, abet, counsel or procure another to go into any precinct for the purpose
21.9of voting in that precinct, knowing that the other individual is not eligible to vote in
21.10that precinct; or
21.11(f) aid, abet, counsel or procure another to do any act in violation of this section.
21.12A violation of this section is a felony.

21.13    Sec. 28. Minnesota Statutes 2010, section 204C.32, is amended to read:
21.14204C.32 CANVASS OF STATE PRIMARIES.
21.15    Subdivision 1. County canvass. The county canvassing board shall meet at the
21.16county auditor's office on the third eighth day following the state primary. After taking the
21.17oath of office, the canvassing board shall publicly canvass the election returns delivered
21.18to the county auditor. The board shall complete the canvass on the third eighth day
21.19following the state primary and shall promptly prepare and file with the county auditor
21.20a report that states:
21.21(a) the number of individuals voting at the election in the county, and in each
21.22precinct;
21.23(b) the number of individuals registering to vote on election day and the number of
21.24individuals registered before election day in each precinct;
21.25(c) for each major political party, the names of the candidates running for each
21.26partisan office and the number of votes received by each candidate in the county and in
21.27each precinct;
21.28(d) the names of the candidates of each major political party who are nominated; and
21.29(e) the number of votes received by each of the candidates for nonpartisan office in
21.30each precinct in the county and the names of the candidates nominated for nonpartisan
21.31office.
21.32Upon completion of the canvass, the county auditor shall mail or deliver a notice of
21.33nomination to each nominee for county office voted for only in that county. The county
21.34auditor shall transmit one of the certified copies of the county canvassing board report
21.35for state and federal offices to the secretary of state by express mail or similar service
22.1immediately upon conclusion of the county canvass. The secretary of state shall mail a
22.2notice of nomination to each nominee for state or federal office.
22.3    Subd. 2. State canvass. The State Canvassing Board shall meet at the Secretary of
22.4State's Office seven 14 days after the state primary to canvass the certified copies of the
22.5county canvassing board reports received from the county auditors. Immediately after
22.6the canvassing board declares the results, the secretary of state shall certify the names of
22.7the nominees to the county auditors. The secretary of state shall mail to each nominee
22.8a notice of nomination.

22.9    Sec. 29. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
22.10    Subdivision 1. County canvass. The county canvassing board shall meet at the
22.11county auditor's office between the third eighth and tenth 14th days following the state
22.12general election. After taking the oath of office, the board shall promptly and publicly
22.13canvass the general election returns delivered to the county auditor. Upon completion of
22.14the canvass, the board shall promptly prepare and file with the county auditor a report
22.15which states:
22.16(a) the number of individuals voting at the election in the county and in each precinct;
22.17(b) the number of individuals registering to vote on election day and the number of
22.18individuals registered before election day in each precinct;
22.19(c) the names of the candidates for each office and the number of votes received by
22.20each candidate in the county and in each precinct;
22.21(d) the number of votes counted for and against a proposed change of county lines
22.22or county seat; and
22.23(e) the number of votes counted for and against a constitutional amendment or other
22.24question in the county and in each precinct.
22.25The result of write-in votes cast on the general election ballots must be compiled by
22.26the county auditor before the county canvass, except that write-in votes for a candidate for
22.27federal, state, or county office must not be counted unless the candidate has timely filed a
22.28request under section 204B.09, subdivision 3. The county auditor shall arrange for each
22.29municipality to provide an adequate number of election judges to perform this duty or the
22.30county auditor may appoint additional election judges for this purpose. The county auditor
22.31may open the envelopes or containers in which the voted ballots have been sealed in order
22.32to count and record the write-in votes and must reseal the voted ballots at the conclusion
22.33of this process. The county auditor must prepare a separate report of votes received by
22.34precinct for write-in candidates for federal, state, and county offices who have requested
22.35under section 204B.09 that votes for those candidates be tallied.
23.1Upon completion of the canvass, the county canvassing board shall declare the
23.2candidate duly elected who received the highest number of votes for each county and state
23.3office voted for only within the county. The county auditor shall transmit a certified
23.4copy of the county canvassing board report for state and federal offices to the secretary
23.5of state by messenger, express mail, or similar service immediately upon conclusion of
23.6the county canvass.

23.7    Sec. 30. Minnesota Statutes 2010, section 204C.37, is amended to read:
23.8204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
23.9STATE.
23.10A copy of the report required by sections 204C.32, subdivision 1, and 204C.33,
23.11subdivision 1 , shall be certified under the official seal of the county auditor. The copy shall
23.12be enclosed in an envelope addressed to the secretary of state, with the county auditor's
23.13name and official address and the words "Election Returns" endorsed on the envelope.
23.14The copy of the canvassing board report and the precinct summary statements must be
23.15sent by express mail or delivered to the secretary of state. If the copy is not received by
23.16the secretary of state within ten days following the applicable election a primary election,
23.17or within 16 days following a general election, the secretary of state shall immediately
23.18notify the county auditor, who shall deliver another copy to the secretary of state by
23.19special messenger.

23.20    Sec. 31. Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:
23.21    Subd. 5. Results. The municipal primary shall be conducted and the returns made in
23.22the manner provided for the state primary so far as practicable. On the third eighth day
23.23after the primary, the governing body of the municipality shall canvass the returns, and the
23.24two candidates for each office who receive the highest number of votes, or a number of
23.25candidates equal to twice the number of individuals to be elected to the office, who receive
23.26the highest number of votes, shall be the nominees for the office named. Their names shall
23.27be certified to the municipal clerk who shall place them on the municipal general election
23.28ballot without partisan designation and without payment of an additional fee.

23.29    Sec. 32. Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:
23.30    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a)
23.31Between the third eighth and tenth 14th days after an election, the governing body of a
23.32city conducting any election including a special municipal election, or the governing body
23.33of a town conducting the general election in November shall act as the canvassing board,
24.1canvass the returns, and declare the results of the election. The governing body of a town
24.2conducting the general election in March shall act as the canvassing board, canvass the
24.3returns, and declare the results of the election within two ten days after an election.
24.4(b) After the time for contesting elections has passed, the municipal clerk shall issue a
24.5certificate of election to each successful candidate. In case of a contest, the certificate shall
24.6not be issued until the outcome of the contest has been determined by the proper court.
24.7(c) In case of a tie vote, the canvassing board having jurisdiction over the
24.8municipality shall determine the result by lot. The clerk of the canvassing board shall
24.9certify the results of the election to the county auditor, and the clerk shall be the final
24.10custodian of the ballots and the returns of the election.

24.11    Sec. 33. Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:
24.12    Subd. 4. Results. The school district primary must be conducted and the returns
24.13made in the manner provided for the state primary as far as practicable. On the third eighth
24.14day after the primary, the school board of the school district shall canvass the returns,
24.15and the two candidates for each specified school board position who receive the highest
24.16number of votes, or a number of candidates equal to twice the number of individuals to be
24.17elected to at-large school board positions who receive the highest number of votes, are
24.18the nominees for the office named. Their names must be certified to the school district
24.19clerk who shall place them on the school district general election ballot without partisan
24.20designation and without payment of an additional fee.

24.21    Sec. 34. Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:
24.22    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Between
24.23the third eighth and tenth 14th days after a school district election other than a recount of a
24.24special election conducted under section 126C.17, subdivision 9, or 475.59, the school
24.25board shall canvass the returns and declare the results of the election. After the time for
24.26contesting elections has passed, the school district clerk shall issue a certificate of election
24.27to each successful candidate. If there is a contest, the certificate of election to that office
24.28must not be issued until the outcome of the contest has been determined by the proper
24.29court. If there is a tie vote, the school board shall determine the result by lot. The clerk
24.30shall deliver the certificate of election to the successful candidate by personal service or
24.31certified mail. The successful candidate shall file an acceptance and oath of office in
24.32writing with the clerk within 30 days of the date of mailing or personal service. A person
24.33who fails to qualify prior to the time specified shall be deemed to have refused to serve,
24.34but that filing may be made at any time before action to fill the vacancy has been taken.
25.1The school district clerk shall certify the results of the election to the county auditor, and
25.2the clerk shall be the final custodian of the ballots and the returns of the election.
25.3A school district canvassing board shall perform the duties of the school board
25.4according to the requirements of this subdivision for a recount of a special election
25.5conducted under section 126C.17, subdivision 9, or 475.59.

25.6    Sec. 35. PUBLIC EDUCATION CAMPAIGN.
25.7The commissioner of administration shall contract for the production and
25.8implementation of a statewide public educational campaign related to the voter
25.9identification requirements of this article. The campaign must inform voters of the
25.10requirements for identification when voting, methods of securing sufficient identification,
25.11including securing a free voter identification card if necessary, and the process for
25.12provisional balloting for voters unable to meet the identification requirements on election
25.13day. The secretary of state may consult with the vendor in coordinating material related
25.14to the campaign, but the secretary, the secretary's staff, and any other documents or
25.15materials promoting the office of the secretary of state may not appear visually or audibly
25.16in any advertising or promotional items disseminated by the vendor as part of the public
25.17education campaign.
25.18EFFECTIVE DATE.This section is effective the day following final enactment.

25.19    Sec. 36. EFFECTIVE DATE.
25.20Except where otherwise provided, this article is effective June 1, 2012, and applies
25.21to elections held on or after that date.

25.22ARTICLE 2

25.23ELECTION ADMINISTRATION AND INTEGRITY

25.24    Section 1. Minnesota Statutes 2010, section 135A.17, subdivision 2, is amended to
25.25read:
25.26    Subd. 2. Residential housing list. All postsecondary institutions that enroll students
25.27accepting state or federal financial aid may prepare a current list of students enrolled in the
25.28institution and residing in the institution's housing or within ten miles of the institution's
25.29campus. The list shall include each student's current address and note any student on the
25.30list known to not be a United States citizen. The list shall be certified and sent to the
25.31appropriate county auditor or auditors, in an electronic format approved by the secretary of
25.32state, for use in election day registration as provided under section 201.061, subdivision 3.
26.1A residential housing list provided under this subdivision may not be used or disseminated
26.2by a county auditor or the secretary of state for any other purpose.

26.3    Sec. 2. Minnesota Statutes 2010, section 201.021, is amended to read:
26.4201.021 PERMANENT REGISTRATION SYSTEM.
26.5A permanent system of voter registration by county is established, with a single,
26.6official, centralized, interactive computerized statewide voter registration list defined,
26.7maintained, and administered at the state level that contains the name and registration
26.8information of every legally registered voter in the state, and assigns a unique identifier
26.9to each legally registered voter in the state. The unique identifier shall be permanently
26.10assigned to the voter and may not be changed or reassigned to another voter. The
26.11interactive computerized statewide voter registration list constitutes the official list of every
26.12legally registered voter in the state. The county auditor shall be chief registrar of voters
26.13and the chief custodian of the official registration records in each county. The secretary of
26.14state is responsible for defining, maintaining, and administering the centralized system.

26.15    Sec. 3. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read:
26.16    Subdivision 1. Establishment. The secretary of state shall maintain a statewide
26.17voter registration system to facilitate voter registration and to provide a central database
26.18containing voter registration information from around the state. The system must be
26.19accessible to the county auditor of each county in the state. The system must also:
26.20(1) provide for voters to submit their voter registration applications to any county
26.21auditor, the secretary of state, or the Department of Public Safety;
26.22(2) provide for the definition, establishment, and maintenance of a central database
26.23for all voter registration information;
26.24(3) provide for entering data into the statewide registration system;
26.25(4) provide for electronic transfer of completed voter registration applications from
26.26the Department of Public Safety to the secretary of state or the county auditor;
26.27(5) assign a unique, permanent identifier to each legally registered voter in the state;
26.28(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
26.29state identification number, voter identification card number, and last four digits of the
26.30Social Security number for each voter record;
26.31(7) coordinate with other agency databases within the state;
26.32(8) allow county auditors and the secretary of state to add or modify information in
26.33the system to provide for accurate and up-to-date records;
27.1(9) allow county auditors, municipal and school district clerks, and the secretary
27.2of state to have electronic access to the statewide registration system for review and
27.3search capabilities;
27.4(10) provide security and protection of all information in the statewide registration
27.5system and ensure that unauthorized access is not allowed;
27.6(11) provide access to municipal clerks to use the system;
27.7(12) provide a system for each county to identify the precinct to which a voter
27.8should be assigned for voting purposes;
27.9(13) provide daily reports accessible by county auditors on the driver's license
27.10numbers, state identification numbers, voter identification card numbers, or last four digits
27.11of the Social Security numbers submitted on voter registration applications that have been
27.12verified as accurate by the secretary of state; and
27.13(14) provide reports on the number of absentee ballots transmitted to and returned
27.14and cast by voters under section 203B.16; and
27.15(15) provide reports on individuals who are not registered and reported to be
27.16ineligible to vote, to the extent permitted by federal law.
27.17The appropriate state or local official shall provide security measures to prevent
27.18unauthorized access to the computerized list established under section 201.021.

27.19    Sec. 4. Minnesota Statutes 2010, section 201.061, subdivision 4, is amended to read:
27.20    Subd. 4. Registration by election judges; procedures. Registration at the polling
27.21place on election day shall be conducted by the election judges. Before registering an
27.22individual to vote at the polling place, the election judge must review any list of absentee
27.23election day registrants provided by the county auditor or municipal clerk to see if the
27.24person has already voted by absentee ballot. If the person's name appears on the list, the
27.25election judge must not allow the individual to register or to vote in the polling place.
27.26The election judges shall also review the list of individuals reported to be ineligible to
27.27vote using the electronic roster, or a paper list provided by the county auditor or municipal
27.28clerk. If an individual is on the challenged eligibility list maintained by the secretary
27.29of state, the elections official shall comply with section 201.197. The election judge
27.30who registers an individual at the polling place on election day shall not handle that
27.31voter's ballots at any time prior to the opening of the ballot box after the voting ends.
27.32Registration applications and forms for oaths shall be available at each polling place.
27.33If an individual who registers on election day proves residence by oath of a registered
27.34voter, the form containing the oath shall be attached to the individual's registration
27.35application. Registration applications completed on election day shall be forwarded to the
28.1county auditor who shall add the name of each voter to the registration system unless the
28.2information forwarded is substantially deficient. A county auditor who finds an election
28.3day registration substantially deficient shall give written notice to the individual whose
28.4registration is found deficient. An election day registration shall not be found deficient
28.5solely because the individual who provided proof of residence was ineligible to do so.

28.6    Sec. 5. Minnesota Statutes 2010, section 201.061, subdivision 7, is amended to read:
28.7    Subd. 7. Record of attempted registrations. The election judge responsible for
28.8election day registration shall attempt to keep a record of the number of individuals who
28.9attempt to register on election day but who cannot provide proof of residence as required
28.10by this section. The record shall be forwarded to the county auditor with the election
28.11returns for that precinct.

28.12    Sec. 6. Minnesota Statutes 2010, section 201.071, subdivision 3, is amended to read:
28.13    Subd. 3. Deficient registration. No voter registration application is deficient if it
28.14contains the voter's name, address, date of birth, current and valid Minnesota driver's
28.15license number or, Minnesota state identification number, voter identification card
28.16number, or if the voter has no current and valid Minnesota driver's license or number,
28.17Minnesota state identification number, or voter identification card number, the last four
28.18digits of the voter's Social Security number, if the voter has been issued a Social Security
28.19number, prior registration, if any, and signature. The absence of a zip code number does
28.20not cause the registration to be deficient. Failure to check a box on an application form
28.21that a voter has certified to be true does not cause the registration to be deficient. The
28.22election judges shall request an individual to correct a voter registration application if it is
28.23deficient or illegible. No eligible voter may be prevented from voting unless the voter's
28.24registration application is deficient or the voter is duly and successfully challenged in
28.25accordance with section 201.195 or 204C.12.
28.26    A voter registration application accepted prior to August 1, 1983, is not deficient for
28.27lack of date of birth. The county or municipality may shall attempt to obtain the date of
28.28birth for a voter registration application accepted prior to August 1, 1983, by a request to
28.29the voter at any time except at the polling place. Failure by the voter to comply with this
28.30request does not make the registration deficient.
28.31    A voter registration application accepted before January 1, 2004, is not deficient for
28.32lack of a valid Minnesota driver's license or state identification number, voter identification
28.33card number, or the last four digits of a Social Security number. A voter registration
28.34application submitted by a voter who does not have a Minnesota driver's license or state
29.1identification number, voter identification card number, or a Social Security number, is not
29.2deficient for lack of any of these numbers.

29.3    Sec. 7. Minnesota Statutes 2010, section 201.081, is amended to read:
29.4201.081 REGISTRATION FILES.
29.5    The statewide registration system is the official record of registered voters. The voter
29.6registration applications and the terminal providing access to the statewide registration
29.7system must be under the control of the county auditor or the public official to whom the
29.8county auditor has delegated the responsibility for maintaining voter registration records.
29.9The voter registration applications and terminals providing access to the statewide
29.10registration system must not be removed from the control of the county auditor except
29.11as provided in this section. The county auditor may make photographic copies of voter
29.12registration applications in the manner provided by section 138.17.
29.13    A properly completed voter registration application that has been submitted to the
29.14secretary of state or a county auditor must be maintained by the secretary of state or
29.15the county auditor for at least 22 36 months after the date that the information on the
29.16application is entered into the database of the statewide registration system. The secretary
29.17of state or the county auditor may dispose of the applications after retention for 22 36
29.18months in the manner provided by section 138.17.

29.19    Sec. 8. Minnesota Statutes 2010, section 201.121, subdivision 1, is amended to read:
29.20    Subdivision 1. Entry of registration information. (a) At the time a voter
29.21registration application is properly completed, submitted, and received in accordance with
29.22sections 201.061 and 201.071, the county auditor shall enter the information contained on
29.23it into the statewide registration system. Voter registration applications completed before
29.24election day must be entered into the statewide registration system within ten days after
29.25they have been submitted to the county auditor. Voter registration applications completed
29.26on election day must be entered into the statewide registration system within 42 days after
29.27the election, unless the county auditor notifies the secretary of state before the 42-day
29.28deadline has expired that the deadline will not be met.
29.29(b) Upon receiving a completed voter registration application, the secretary of state
29.30may electronically transmit the information on the application to the appropriate county
29.31auditor as soon as possible for review by the county auditor before final entry into the
29.32statewide registration system. The secretary of state may mail the voter registration
29.33application to the county auditor.
30.1(c) Within ten days after the county auditor has entered information from a voter
30.2registration application into the statewide registration system, the secretary of state shall
30.3compare the voter's name, date of birth, and driver's license number, state identification
30.4number, voter identification card number, or the last four digits of the Social Security
30.5number with the same information contained in the Department of Public Safety database.
30.6(d) The secretary of state shall provide a report to the county auditor on a weekly
30.7basis that includes a list of voters whose name, date of birth, or identification number have
30.8been compared with the same information in the Department of Public Safety database
30.9and cannot be verified as provided in this subdivision. The report must list separately
30.10those voters who have submitted a voter registration application by mail and have not
30.11voted in a federal election in this state.
30.12(e) The county auditor shall compile a list of voters for whom the county auditor
30.13and the secretary of state are unable to conclude that information on the voter registration
30.14application and the corresponding information in the Department of Public Safety database
30.15relate to the same person.
30.16(f) The county auditor shall send a notice of incomplete registration to any voter
30.17whose name appears on the list and change the voter's status to "incomplete." A voter who
30.18receives a notice of incomplete registration from the county auditor may either provide
30.19the information required to complete the registration at least 21 days before the next
30.20election or at the polling place on election day.

30.21    Sec. 9. Minnesota Statutes 2010, section 201.121, subdivision 3, is amended to read:
30.22    Subd. 3. Postelection sampling. Within ten days after an election, the county
30.23auditor shall send the notice required by subdivision 2 to a random sampling of the
30.24individuals registered on election day. The random sampling shall be determined in
30.25accordance with the rules of the secretary of state. As soon as practicable after the
30.26election, but no later than January 1 of the following year, the county auditor shall mail
30.27the notice required by subdivision 2 to all other individuals registered on election day.
30.28If a notice is returned as not deliverable, the county auditor shall attempt to determine
30.29the reason for the return. A county auditor who does not receive or obtain satisfactory
30.30proof of an individual's eligibility to vote shall immediately notify the county attorney of
30.31all of the relevant information and the secretary of state of the numbers by precinct. By
30.32March 1 of every odd-numbered year, the secretary of state shall report to the chair and
30.33ranking minority members of the legislative committees with jurisdiction over elections
30.34the number of notices reported under this subdivision to the secretary of state for the
30.35previous state general election by county and precinct.

31.1    Sec. 10. Minnesota Statutes 2010, section 201.171, is amended to read:
31.2201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
31.3REGISTRATION REMOVED.
31.4    Within six weeks after every election, the county auditor shall post the voting
31.5history for every person who voted in the election. After the close of the calendar year, the
31.6secretary of state shall determine if any registrants have not voted during the preceding
31.7four years. The secretary of state shall perform list maintenance by changing the status of
31.8those registrants to "inactive" in the statewide registration system. The list maintenance
31.9performed must be conducted in a manner that ensures that the name of each registered
31.10voter appears in the official list of eligible voters in the statewide registration system.
31.11A voter must not be removed from the official list of eligible voters unless the voter is
31.12not eligible or is not registered to vote. List maintenance must include procedures for
31.13eliminating duplicate names from the official list of eligible voters.
31.14    The secretary of state shall also prepare a report to the county auditor containing the
31.15names of all registrants whose status was changed to "inactive."
31.16    Registrants whose status was changed to "inactive" must register in the manner
31.17specified in section 201.054 before voting in any primary, special primary, general, school
31.18district, or special election, as required by section 201.018.
31.19    Although not counted in an election, a late or rejected absentee or mail ballot must
31.20be considered a vote for the purpose of continuing registration under this section, but is
31.21not considered voting history for the purpose of public information lists available under
31.22section 201.091, subdivision 4.

31.23    Sec. 11. [201.197] CHALLENGED ELIGIBILITY LIST.
31.24(a) The secretary of state shall maintain an electronic database of individuals not
31.25registered and who are reported to be ineligible to vote under section 201.014. The
31.26database may be maintained as a module of the statewide voter registration system, if
31.27permitted by federal law, or maintained as a separate database, and at a minimum must
31.28include an individual's name, address of residence, date of birth, the reason the individual
31.29is reported to be ineligible to vote and, if available, the individual's driver's license or state
31.30identification card number, voter identification card number, or the last four digits of the
31.31individual's Social Security number. Entries in the database shall be compiled using data
31.32submitted to the secretary of state under this chapter.
31.33(b) An elections official processing a voter registration application must verify
31.34whether the individual listed on the application is included in the database of individuals
31.35reported to be ineligible to vote. If the individual is listed in the database, the voter
32.1registration application may be accepted, but the voter's status must be listed as
32.2"challenged." An election judge processing a voter registration application submitted by a
32.3voter in a polling place on election day must verify the application using the electronic
32.4roster, or if the polling place does not have an electronic roster, using a paper list provided
32.5by the county auditor. A paper list used for verification in a polling place may be limited
32.6to only those individuals reported to be residents of the county in which the precinct
32.7is located.

32.8    Sec. 12. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
32.9    Subd. 3. Procedures for polling place rosters. The secretary of state shall
32.10prescribe the form of polling place rosters that include the voter's name, address, date of
32.11birth, school district number, and space for the voter's signature. The secretary of state
32.12may prescribe additional election-related information to be placed on the polling place
32.13rosters on an experimental basis for one state primary and general election cycle; the same
32.14information may not be placed on the polling place roster for a second state primary and
32.15general election cycle unless specified in this subdivision. The polling place roster must
32.16be used to indicate whether the voter has voted in a given election. The secretary of state
32.17shall prescribe procedures for transporting the polling place rosters to the election judges
32.18for use on election day. The secretary of state shall prescribe the form for a county or
32.19municipality to request the date of birth from currently registered voters. The county or
32.20municipality shall not request the date of birth from currently registered voters by any
32.21communication other than the prescribed form and the form must clearly indicate that a
32.22currently registered voter does not lose registration status by failing to provide the date of
32.23birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
32.24polling place rosters used on the date of election for 22 36 months following the election.

32.25    Sec. 13. Minnesota Statutes 2010, section 203B.04, subdivision 1, is amended to read:
32.26    Subdivision 1. Application procedures. (a) Except as otherwise allowed by
32.27subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for
32.28any election may be submitted at any time not less than one day before the day of that
32.29election. The county auditor shall prepare absentee ballot application forms in the format
32.30provided by the secretary of state and shall furnish them to any person on request. By
32.31January 1 of each even-numbered year, the secretary of state shall make the forms to be
32.32used available to auditors through electronic means. An application submitted pursuant to
32.33this subdivision shall be in writing and shall be submitted to:
32.34    (1) the county auditor of the county where the applicant maintains residence; or
33.1    (2) the municipal clerk of the municipality, or school district if applicable, where
33.2the applicant maintains residence.
33.3    (b) An application shall be approved if it is timely received, signed and dated by the
33.4applicant, and contains:
33.5(1) the applicant's name and residence and mailing addresses,;
33.6(2) the applicant's date of birth, and at least one of the following:;
33.7(3) the applicant's Minnesota driver's license number, Minnesota state identification
33.8card number, or Minnesota voter identification card number; and
33.9(4) the last four digits of the applicant's Social Security number or a statement that
33.10the applicant does not have a Social Security number.
33.11(1) the applicant's Minnesota driver's license number;
33.12(2) Minnesota state identification card number;
33.13(3) the last four digits of the applicant's Social Security number; or
33.14(4) a statement that the applicant does not have any of these numbers.
33.15To be approved, the application must state that the applicant is eligible to vote by
33.16absentee ballot for one of the reasons specified in section 203B.02, and must contain an
33.17oath that the information contained on the form is accurate, that the applicant is applying
33.18on the applicant's own behalf, and that the applicant is signing the form under penalty
33.19of perjury.
33.20Prior to approval, the county auditor or municipal clerk must verify that the
33.21Minnesota driver's license number, state identification card number, or voter identification
33.22card number submitted by an applicant is valid and assigned to that applicant. An
33.23application that contains a driver's license or identification card number that is invalid or
33.24not assigned to the applicant must be rejected. The county auditor or municipal clerk
33.25must also verify that the applicant does not appear on any lists of reported ineligible
33.26voters maintained by the county auditor or municipal clerk, or provided to the county
33.27auditor or municipal clerk by the secretary of state. When verifying eligibility, the county
33.28auditor or municipal clerk must use the same standards and process as used for individuals
33.29appearing in the polling place on election day, except that an applicant is not required to
33.30appear in person or present photo identification meeting the standards of section 204C.10,
33.31subdivision 2.
33.32(c) An applicant's full date of birth, Minnesota driver's license or, state identification,
33.33or voter identification card number, and the last four digits of the applicant's Social
33.34Security number must not be made available for public inspection. An application may be
33.35submitted to the county auditor or municipal clerk by an electronic facsimile device. An
33.36application mailed or returned in person to the county auditor or municipal clerk on behalf
34.1of a voter by a person other than the voter must be deposited in the mail or returned in
34.2person to the county auditor or municipal clerk within ten days after it has been dated by
34.3the voter and no later than six days before the election. The absentee ballot applications
34.4or a list of persons applying for an absentee ballot may not be made available for public
34.5inspection until the close of voting on election day.
34.6    An application under this subdivision may contain an application under subdivision
34.75 to automatically receive an absentee ballot application.

34.8    Sec. 14. Minnesota Statutes 2010, section 203B.04, subdivision 2, is amended to read:
34.9    Subd. 2. Health care patient. An eligible voter who on the day before an election
34.10becomes a resident or patient in a health care facility or hospital located in the municipality
34.11in which the eligible voter maintains residence may apply for an absentee ballots ballot on
34.12election day if the voter:
34.13(a) requests an application form by telephone from the municipal clerk by telephone
34.14not no later than 5:00 p.m. on the day before election day; or
34.15(b) submits an absentee ballot application to the election judges engaged in
34.16delivering absentee ballots pursuant to section 203B.11.

34.17    Sec. 15. Minnesota Statutes 2010, section 203B.06, subdivision 5, is amended to read:
34.18    Subd. 5. Preservation of records. An application for absentee ballots shall be
34.19dated by the county auditor or municipal clerk when it is received and shall be initialed
34.20when absentee ballots are mailed or delivered to the applicant. All applications shall be
34.21preserved by the county auditor or municipal clerk for 22 36 months.

34.22    Sec. 16. Minnesota Statutes 2010, section 203B.121, subdivision 1, is amended to read:
34.23    Subdivision 1. Establishment; applicable laws. (a) The governing body of each
34.24county, municipality, and school district with responsibility to accept and reject absentee
34.25ballots must, by ordinance or resolution, establish a ballot board. The board must consist
34.26of a sufficient number of election judges trained in the handling of absentee ballots and
34.27appointed as provided in sections 204B.19 to 204B.22. The board may include staff
34.28trained as election judges.
34.29(b) Each jurisdiction must pay a reasonable compensation to each member of that
34.30jurisdiction's ballot board for services rendered during an election.
34.31(c) A ballot board may only meet to perform its duties under this chapter during the
34.32period in which completed absentee ballots are accepted for an election. The time and
34.33place of each meeting must be scheduled, announced, and posted on the Web site of the
35.1governing body of the county, municipality, or school district at least 14 days prior to
35.2convening the first meeting of the ballot board for an election. If the governing body of
35.3the county, municipality, or school district does not have a Web site, the time and place
35.4of each meeting must be posted, in writing, on the principal bulletin board of the body.
35.5Meetings of the ballot board must be convened at the same time and in the same location.
35.6The ballot board must also meet on any day during which the county or municipal offices
35.7are open for the purposes of conducting election business prior to an election. A ballot
35.8board may not meet except during regularly scheduled meetings announced and posted as
35.9required by this paragraph.
35.10(d) Except as otherwise provided by this section, all provisions of the Minnesota
35.11Election Law apply to a ballot board.

35.12    Sec. 17. Minnesota Statutes 2010, section 204B.40, is amended to read:
35.13204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
35.14DISPOSITION; INSPECTION OF BALLOTS.
35.15The county auditors, municipal clerks, and school district clerks shall retain all
35.16election materials returned to them after any election for at least 22 36 months from
35.17the date of that election. All election materials involved in a contested election must be
35.18retained for 22 36 months or until the contest has been finally determined, whichever is
35.19later. Abstracts filed by canvassing boards shall be retained permanently by any officer
35.20with whom those abstracts are filed. Election materials no longer required to be retained
35.21pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21.
35.22Sealed envelopes containing voted ballots must be retained unopened, except as provided
35.23in this section, in a secure location. The county auditor, municipal clerk, or school district
35.24clerk shall not permit any voted ballots to be tampered with or defaced.
35.25After the time for filing a notice of contest for an election has passed, the secretary
35.26of state may, for the purpose of monitoring and evaluating election procedures: (1)
35.27open the sealed ballot envelopes and inspect the ballots for that election maintained by
35.28the county auditors, municipal clerks, or school district clerks; (2) inspect the polling
35.29place rosters and completed voter registration applications; or (3) examine other forms
35.30required in the Minnesota election laws for use in the polling place. No inspected ballot or
35.31document may be marked or identified in any manner. After inspection, all ballots must be
35.32returned to the ballot envelope and the ballot envelope must be securely resealed. Any
35.33other election materials inspected or examined must be secured or resealed. No polling
35.34place roster may be inspected until the voting history for that precinct has been posted.
36.1No voter registration application may be inspected until the information on it has been
36.2entered into the statewide registration system.

36.3    Sec. 18. Minnesota Statutes 2010, section 204C.20, subdivision 1, is amended to read:
36.4    Subdivision 1. Determination of proper number. The election judges shall
36.5determine the number of ballots to be counted by adding the number of return envelopes
36.6from accepted absentee ballots to the number of signed voter's certificates, or to the
36.7number of names entered in the election register counting the number of original voter
36.8signatures contained in the polling place roster, or on voter's receipts generated from an
36.9electronic roster. The election judges may not count the number of voter receipts collected
36.10in the precinct as a substitute for counting original voter signatures unless the voter
36.11receipts contain the name, voter identification number, and signature of the voter to whom
36.12the receipt was issued. The election judges shall then remove all the ballots from the box.
36.13Without considering how the ballots are marked, the election judges shall ascertain that
36.14each ballot is separate and shall count them to determine whether the number of ballots in
36.15the box corresponds with the number of ballots to be counted.

36.16    Sec. 19. Minnesota Statutes 2010, section 204C.20, subdivision 2, is amended to read:
36.17    Subd. 2. Excess ballots. If two or more ballots are found folded together like
36.18a single ballot, the election judges shall lay them aside until all the ballots in the box
36.19have been counted. If it is evident from the number of ballots to be counted that the
36.20ballots folded together were cast by one voter, the election judges shall preserve but not
36.21count them. If the number of ballots in one box exceeds the number to be counted, the
36.22election judges shall examine all the ballots in the box to ascertain that all are properly
36.23marked with the initials of the election judges. If any ballots are not properly marked with
36.24the initials of the election judges, the election judges shall preserve but not count them;
36.25however, if the number of ballots does not exceed the number to be counted, the absence
36.26of either or both sets of initials of the election judges does not, by itself, disqualify the
36.27vote from being counted and must not but may be the basis of a challenge in a recount.
36.28If there is still an excess of properly marked ballots, the election judges shall replace
36.29them in the box, and one election judge, without looking, shall withdraw from the box
36.30a number of ballots equal to the excess. The withdrawn ballots shall not be counted but
36.31shall be preserved as provided in subdivision 4.

36.32    Sec. 20. Minnesota Statutes 2010, section 204C.20, subdivision 4, is amended to read:
37.1    Subd. 4. Ballots not counted; disposition. When the final count of ballots agrees
37.2with the number of ballots to be counted, those ballots not counted shall be clearly marked
37.3"excess" on the front of the ballot and attached to a certificate made by the election judges
37.4which states the number of ballots not counted and why the ballots they were not counted.
37.5The certificate and uncounted ballots shall be sealed in a separate envelope and returned
37.6to clearly marked "excess ballots." The election judges shall sign their names over the
37.7envelope seal and return the ballots to the county auditor or municipal or school district
37.8clerk from whom they were received. Tabulation of vote totals from a precinct where
37.9excess ballots were removed from the ballot box shall be completed by the canvassing
37.10board responsible for certifying the election results from that precinct.

37.11    Sec. 21. Minnesota Statutes 2010, section 204C.20, is amended by adding a
37.12subdivision to read:
37.13    Subd. 5. Applicability. The requirements of this section apply regardless of the
37.14voting system or method of tabulation used in a precinct.

37.15    Sec. 22. Minnesota Statutes 2010, section 204C.23, is amended to read:
37.16204C.23 SPOILED, DEFECTIVE, AND DUPLICATE BALLOTS.
37.17(a) A ballot that is spoiled by a voter must be clearly marked "spoiled" by an election
37.18judge, placed in an envelope designated for spoiled ballots from the precinct, sealed, and
37.19returned as required by section 204C.25.
37.20(b) A ballot that is defective to the extent that the election judges are unable to
37.21determine the voter's intent shall be marked on the back "Defective" if it is totally
37.22defective or "Defective as to ......," naming the office or question if it is defective only in
37.23part. Defective ballots must be placed in an envelope designated for defective ballots from
37.24the precinct, sealed, and returned as required by section 204C.25.
37.25(c) A damaged or defective ballot that requires duplication must be handled as
37.26required by section 206.86, subdivision 5.

37.27    Sec. 23. Minnesota Statutes 2010, section 204C.24, subdivision 1, is amended to read:
37.28    Subdivision 1. Information requirements. Precinct summary statements shall be
37.29submitted by the election judges in every precinct. For all elections, the election judges
37.30shall complete three or more copies of the summary statements, and each copy shall
37.31contain the following information for each kind of ballot:
38.1(a) (1) the number of ballots delivered to the precinct as adjusted by the actual count
38.2made by the election judges, the number of unofficial ballots made, and the number of
38.3absentee ballots delivered to the precinct;
38.4(b) (2) the number of votes each candidate received or the number of yes and no
38.5votes on each question, the number of undervotes, the number of overvotes, and the
38.6number of defective ballots with respect to each office or question;
38.7(c) (3) the number of spoiled ballots, the number of duplicate ballots made, the
38.8number of absentee ballots rejected, and the number of unused ballots, presuming that the
38.9total count provided on each package of unopened prepackaged ballots is correct;
38.10(4) the number of ballots cast;
38.11(d) (5) the number of individuals who voted at the election in the precinct voter
38.12signatures contained on the polling place roster or on voter receipts generated by an
38.13electronic roster, which must equal the total number of ballots cast in the precinct, as
38.14required by sections 204C.20 and 206.86, subdivision 1;
38.15(6) the number of excess ballots removed by the election judges, as required by
38.16section 204C.20;
38.17(e) (7) the number of voters registering on election day in that precinct; and
38.18(f) (8) the signatures of the election judges who counted the ballots certifying that
38.19all of the ballots cast were properly piled, checked, and counted; and that the numbers
38.20entered by the election judges on the summary statements correctly show the number of
38.21votes cast for each candidate and for and against each question.
38.22At least two copies of the summary statement must be prepared for elections not
38.23held on the same day as the state elections.

38.24    Sec. 24. Minnesota Statutes 2010, section 206.86, subdivision 1, is amended to read:
38.25    Subdivision 1. At the voting location Precinct polling locations; duties;
38.26reconciliation. In precincts where an electronic voting system is used, as soon as the polls
38.27are closed the election judges shall secure the voting systems against further voting. They
38.28shall then open the ballot box and count the number of ballot cards ballots or envelopes
38.29containing ballot cards ballots that have been cast to determine that the number of ballot
38.30cards ballots does not exceed the number of voters shown on original voter signatures
38.31contained in the election register or registration file polling place roster or on voter receipts
38.32generated from an electronic roster. The election judges may not count the number of
38.33voter receipts collected in the precinct as a substitute for counting original voter signatures
38.34unless the voter receipts contain the name, voter identification number, and signature of
38.35the voter to whom the receipt was issued. If there is an excess, the judges shall seal the
39.1ballots in a ballot container and transport the container to the county auditor or municipal
39.2clerk who shall process the ballots in the same manner as paper ballots are processed in
39.3section 204C.20, subdivision 2, then enter the ballots into the ballot counter proceed in the
39.4manner required for excess ballots under section 204C.20, subdivisions 2 to 4. The total
39.5number of voters must be entered on the forms provided. The judges shall next count the
39.6write-in votes and enter the number of those votes on forms provided for the purpose.

39.7    Sec. 25. Minnesota Statutes 2010, section 206.86, subdivision 2, is amended to read:
39.8    Subd. 2. Transportation of ballot cards ballots. The judges shall place all voted
39.9ballot cards ballots, excess ballots, defective ballots, and damaged ballots in the container
39.10provided for transporting them to the counting center. The container must be sealed and
39.11delivered immediately to the counting center by two judges who are not of the same major
39.12political party. The judges shall also deliver to the counting center in a suitable container
39.13the unused ballot cards ballots, the spoiled ballot envelope, and the ballot envelopes issued
39.14to the voters and deposited during the day in the ballot box.

39.15    Sec. 26. Minnesota Statutes 2010, section 209.021, subdivision 1, is amended to read:
39.16    Subdivision 1. Manner; time; contents. Service of a notice of contest must be
39.17made in the same manner as the service of summons in civil actions. The notice of contest
39.18must specify the grounds on which the contest will be made. The contestant shall serve
39.19notice of the contest on the parties enumerated in this section. Notice must be served and
39.20filed within five days after the canvass is completed in the case of a primary or special
39.21primary or within seven days after the canvass is completed in the case of a special or
39.22general election; except that:
39.23(1) if a contest is based on a deliberate, serious, and material violation of the election
39.24laws which was discovered from the statements of receipts and disbursements required
39.25to be filed by candidates and committees, the action may be commenced and the notice
39.26served and filed within ten days after the filing of the statements in the case of a general
39.27or special election or within five days after the filing of the statements in the case of a
39.28primary or special primary.;
39.29(2) if a notice of contest questions only which party received the highest number
39.30of votes legally cast at the election, a contestee who loses may serve and file a notice of
39.31contest on any other ground during the three days following expiration of the time for
39.32appealing the decision on the vote count; and
39.33(3) if data or documents necessary to determine grounds for a contest, including but
39.34not limited to lists of the names of every voter who participated in an election, are not
40.1available to a candidate or the general public prior to the close of the period for filing a
40.2notice of contest under this section due to nonfeasance, malfeasance, or failure to perform
40.3duties within the time required by statute on the part of the secretary of state, a county
40.4auditor, or other state, county, or municipal election official, a notice of contest may be
40.5served and filed within seven days after the data or documents become available for
40.6inspection by the candidates and the general public.

40.7    Sec. 27. Minnesota Statutes 2010, section 209.06, subdivision 1, is amended to read:
40.8    Subdivision 1. Appointment of inspectors. After a contest has been instituted,
40.9either party may have the ballots all materials relating to the election, including, but not
40.10limited to, polling place rosters, voter registration applications, accepted absentee ballot
40.11envelopes, rejected absentee ballot envelopes, applications for absentee ballots, precinct
40.12summary statements, printouts from voting machines, and precinct incident logs, inspected
40.13before preparing for trial. The party requesting an inspection shall file with the district
40.14court where the contest is brought a verified petition, stating that the case cannot properly
40.15be prepared for trial without an inspection of the ballots and other election materials and
40.16designating the precincts in which an inspection is desired. A judge of the court in which
40.17the contest is pending shall then appoint as many sets of three inspectors for a contest of
40.18any office or question as are needed to count and inspect the ballots expeditiously. One
40.19inspector must be selected by each of the parties to the contest and a third must be chosen
40.20by those two inspectors. If either party neglects or refuses to name an inspector, the judge
40.21shall appoint the inspector. The compensation of inspectors is the same as for referees,
40.22unless otherwise stipulated.

40.23    Sec. 28. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:
40.24    Subdivision 1. Soliciting near polling places. A person may not display campaign
40.25material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
40.26a polling place or within 100 feet of the building in which a polling place is situated,
40.27or anywhere on the public property on which a polling place is situated, on primary or
40.28election day to vote for or refrain from voting for a candidate or ballot question. A person
40.29may not provide political badges, political buttons, or other political insignia to be worn at
40.30or about the polling place on the day of a primary or election. A political badge, political
40.31button, or other political insignia may not be worn at or about the polling place on primary
40.32or election day if it is designed to influence voting for or against a particular candidate,
40.33political party, or question on the ballot at the election. This section applies to areas
41.1established by the county auditor or municipal clerk for absentee voting as provided in
41.2chapter 203B.
41.3The secretary of state, county auditor, municipal clerk, or school district clerk may
41.4provide stickers which contain the words "I VOTED" and nothing more. Election judges
41.5may offer a sticker of this type to each voter who has signed the polling place roster
41.6or a voter's receipt.

41.7    Sec. 29. PROPOSED LEGISLATION.
41.8By January 15, 2012, the secretary of state must report to the chairs and ranking
41.9minority members of the legislative committees responsible for elections proposed
41.10legislation to amend matters currently contained in administrative rules as necessary
41.11to implement or make specific this act. To the greatest extent practical, this proposed
41.12legislation must propose codifying into law matters that otherwise would be enacted
41.13through the administrative rulemaking process.
41.14To the extent that codifying matters into law is not practical, the proposed legislation
41.15must direct, by law, specific changes to be made in administrative rules so that no
41.16interpretation of the law by the secretary of state would be necessary, and use of the good
41.17cause rulemaking exemption in Minnesota Statutes, section 14.388 would be appropriate
41.18if the legislature authorizes use of this process.

41.19    Sec. 30. REPEALER.
41.20Minnesota Statutes 2010, section 203B.04, subdivision 3, is repealed.

41.21ARTICLE 3

41.22ELECTRONIC ROSTERS

41.23    Section 1. Minnesota Statutes 2010, section 200.02, is amended by adding a
41.24subdivision to read:
41.25    Subd. 12a. Polling place roster. "Polling place roster" means the official lists used
41.26to record a voter's appearance in a polling place on election day, including the list of
41.27registered voters in the precinct, and the list of voters registering on election day. A polling
41.28place roster may be in a printed or electronic format, as permitted by section 201.225.

41.29    Sec. 2. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
41.30    Subd. 3. Procedures for polling place rosters. The secretary of state shall
41.31prescribe the form of polling place rosters that include the voter's name, address, date of
41.32birth, school district number, and space for the voter's signature. A polling place roster
42.1provided in an electronic form must allow for a printed voter's receipt that meets the
42.2standards provided in section 201.225, subdivision 2. The secretary of state may prescribe
42.3additional election-related information to be placed on the polling place rosters on an
42.4experimental basis for one state primary and general election cycle; the same information
42.5may not be placed on the polling place roster for a second state primary and general
42.6election cycle unless specified in this subdivision. The polling place roster must be used
42.7to indicate whether the voter has voted in a given election. The secretary of state shall
42.8prescribe procedures for transporting the polling place rosters to the election judges
42.9for use on election day. The secretary of state shall prescribe the form for a county or
42.10municipality to request the date of birth from currently registered voters. The county or
42.11municipality shall not request the date of birth from currently registered voters by any
42.12communication other than the prescribed form and the form must clearly indicate that a
42.13currently registered voter does not lose registration status by failing to provide the date of
42.14birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
42.15polling place rosters used on the date of election for 22 36 months following the election.

42.16    Sec. 3. [201.225] ELECTRONIC ROSTER; STANDARDS.
42.17    Subdivision 1. Certification of system. (a) A precinct may have a secure network
42.18of two or more computer systems to serve as the precinct's electronic polling place roster.
42.19(b) Precincts may not use an electronic roster until the secretary of state has certified
42.20that the system design and operational procedures are sufficient to prevent any voter from
42.21voting more than once at an election, and to prevent access to the system by unauthorized
42.22individuals.
42.23    Subd. 2. Minimum standards for electronic rosters. At a minimum, an electronic
42.24roster must:
42.25(1) be preloaded with data from the statewide voter registration system, including
42.26data on individuals reported to be ineligible to vote;
42.27(2) permit all voting information processed by any computer in a precinct to be
42.28immediately accessible to all other computers in the precinct and to be transferred to the
42.29statewide voter registration system on election night or no later than one week after the
42.30election;
42.31(3) provide for a printed voter's receipt, containing the voter's name, address of
42.32residence, date of birth, voter identification number as assigned by the secretary of state,
42.33the oath required by section 204C.10, and a space for the voter's original signature;
43.1(4) immediately alert the election judge if the electronic roster indicates that a voter
43.2has already voted at the election, is ineligible to vote, does not reside in the precinct, or
43.3the voter's registration status is challenged;
43.4(5) automatically accept and input data from a scanned Minnesota driver's license,
43.5identification card, or voter identification card and match the data to an existing voter
43.6registration record, and permit manual input of voter data, if necessary; and
43.7(6) perform any other functions required for the efficient and secure administration
43.8of an election, as required by law.

43.9    Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:
43.10    Subd. 2. Separate precincts; combined polling place. (a) The following shall
43.11constitute at least one election precinct:
43.12(1) each city ward; and
43.13(2) each town and each statutory city.
43.14(b) A single, accessible, combined polling place may be established no later than
43.15May 1 of any year:
43.16(1) for any city of the third or fourth class, any town, or any city having territory in
43.17more than one county, in which all the voters of the city or town shall cast their ballots;
43.18(2) for two contiguous precincts in the same municipality that have a combined
43.19total of fewer than 500 registered voters;
43.20(3) for up to four contiguous municipalities located entirely outside the metropolitan
43.21area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
43.22(4) for noncontiguous precincts located in one or more counties.
43.23A copy of the ordinance or resolution establishing a combined polling place must
43.24be filed with the county auditor within 30 days after approval by the governing body. A
43.25polling place combined under clause (3) must be approved by the governing body of each
43.26participating municipality. A polling place combined under clause (4) must be approved
43.27by the governing body of each participating municipality and the secretary of state and
43.28may be located outside any of the noncontiguous precincts. A municipality withdrawing
43.29from participation in a combined polling place must do so by filing a resolution of
43.30withdrawal with the county auditor no later than April 1 of any year.
43.31The secretary of state shall provide a separate polling place roster for each precinct
43.32served by the combined polling place unless that precinct uses an electronic roster. A
43.33single set of election judges may be appointed to serve at a combined polling place. The
43.34number of election judges required must be based on the total number of persons voting
43.35at the last similar election in all precincts to be voting at the combined polling place.
44.1Separate ballot boxes must be provided for the ballots from each precinct. The results of
44.2the election must be reported separately for each precinct served by the combined polling
44.3place, except in a polling place established under clause (2) where one of the precincts has
44.4fewer than ten registered voters, in which case the results of that precinct must be reported
44.5in the manner specified by the secretary of state.

44.6    Sec. 5. Minnesota Statutes 2010, section 204C.12, subdivision 4, is amended to read:
44.7    Subd. 4. Refusal to answer questions or sign a polling place roster. A challenged
44.8individual who refuses to answer questions or sign a polling place roster or voter's receipt
44.9as required by this section must not be allowed to vote. A challenged individual who
44.10leaves the polling place and returns later willing to answer questions or sign a polling
44.11place roster or voter's receipt must not be allowed to vote.

44.12    Sec. 6. Minnesota Statutes 2010, section 204D.24, subdivision 2, is amended to read:
44.13    Subd. 2. Voter registration. An individual may register to vote at a special primary
44.14or special election at any time before the day that the polling place rosters for the special
44.15primary or special election are prepared finally secured by the secretary of state for the
44.16election. The secretary of state shall provide the county auditors with notice of this date
44.17at least seven days before the printing of the rosters are secured. This subdivision does
44.18not apply to a special election held on the same day as the state primary, state general
44.19election, or the regularly scheduled primary or general election of a municipality, school
44.20district, or special district.

44.21    Sec. 7. [206A.01] APPLICABILITY.
44.22This chapter applies to each designated election official who administers electronic
44.23roster systems for the purpose of conducting an election and compiling complete returns.

44.24    Sec. 8. [206A.02] DEFINITIONS.
44.25    Subdivision 1. Definitions. The definitions in this section apply to this chapter.
44.26    Subd. 2. Designated election official. "Designated election official" means the
44.27county auditor or municipal clerk.
44.28    Subd. 3. Elector data. "Elector data" means voting information, including, but not
44.29limited to, voter registration, voting history, and voting tabulations.
44.30    Subd. 4. Electronic roster. "Electronic roster" is a list of eligible electors in
44.31electronic format who are permitted to vote at a polling place in an election conducted
44.32under the Minnesota Election Law, which shall be processed by a computer at a precinct
45.1such that the resulting elector data is immediately accessible to all other computers in the
45.2precinct and is transferred to the county for inclusion in the statewide voter registration
45.3system no later than one week after the election.

45.4    Sec. 9. [206A.03] MINIMUM CONTINGENCY AND SECURITY
45.5PROCEDURES.
45.6(a) The designated election official shall establish written security procedures
45.7covering the processing and transference of elector data. The procedures must include:
45.8(1) security covering the transmission of elector data processed through the
45.9electronic roster and reconciliation of the registration and history of voters casting ballots
45.10in a precinct; and
45.11(2) contingency procedures for network and power failure. The procedures must, at
45.12a minimum, include procedures to address all single point failures including:
45.13(i) network failure;
45.14(ii) power failure that lasts less than one hour; and
45.15(iii) power failure that lasts more than one hour.
45.16(b) Acceptable alternatives for addressing power or system failures include either:
45.17(1) a paper backup of the roster with the minimum information required to verify a
45.18voter's eligibility; or
45.19(2) a sufficient number of computers per precinct to ensure that the voter check-in
45.20continues in an efficient manner. The computers and all essential peripheral devices must
45.21have the ability to function on batteries or an external power source for up to two hours.
45.22(c) Each computer must have an electronic backup of the current roster in one of the
45.23following formats:
45.24(1) a portable document file (PDF);
45.25(2) a spreadsheet; or
45.26(3) a database with a basic look-up interface. In addition to acceptable backup
45.27roster procedures, the security procedures must address contingency procedures to protect
45.28against activities such as voting more than once.

45.29    Sec. 10. [206A.04] MINIMUM STANDARDS FOR DATA ENCRYPTION.
45.30(a) The secretary of state shall ensure that the county connection to the statewide
45.31voter registration system is secure including details concerning encryption methodology.
45.32In addition, the connection must meet or exceed the standards provided for in this section.
45.33(b) Proven, standard algorithms must be used as the basis for encryption
45.34technologies.
46.1(c) If a connection utilizes a Virtual Private Network (VPN), the following apply:
46.2(1) it is the responsibility of the county to ensure that unauthorized users are not
46.3allowed access to internal networks;
46.4(2) VPN use is to be controlled using either a onetime password authentication such
46.5as a token device or a public/private key system with a strong passphrase;
46.6(3) when actively connected to the network, VPNs must force all traffic to and from
46.7the computer over the VPN tunnel and all other traffic must be dropped;
46.8(4) dual (split) tunneling is not permitted; only one network connection is allowed;
46.9(5) VPN gateways must be set up and managed by the county or its designee;
46.10(6) all computers connected to internal networks via VPN or any other technology
46.11must use up-to-date antivirus software; and
46.12(7) the VPN concentrator is limited to an absolute connection time of 24 hours.

46.13    Sec. 11. [206A.05] MINIMUM ELECTRONIC ROSTER TRANSACTION
46.14REQUIREMENTS.
46.15The designated election official shall ensure the electronic roster system complies
46.16with the following response-time standards for any computer on the system:
46.17(1) a maximum of five seconds to update voter activity;
46.18(2) a maximum of 1.5 seconds to process a voter inquiry by identification number;
46.19and
46.20(3) a maximum of 45 seconds for session startup and password verification.

46.21    Sec. 12. [206A.06] ELECTRONIC ROSTER PREELECTION TESTING
46.22PROCEDURES.
46.23(a) The designated election official shall test the electronic roster application to
46.24ensure that it meets the minimum system requirements prior to the first election in which
46.25it is used. The application must also be tested after the implementation of any system
46.26modifications, including any change in the number of connected computers. The county
46.27shall indicate in the subsequent security plan whether such retesting has occurred.
46.28(b) The test must, at a minimum, include the following:
46.29(1) a load test must be demonstrated through either actual computers running at
46.30proposed bandwidth and security settings, or by simulating a load test;
46.31(2) a contingency/failure test must be demonstrated and documented illustrating the
46.32effects of failures identified in section 206A.03; and
46.33(3) all tests must be conducted with clients and servers in normal, typical, deployed
46.34operating mode.
47.1(c) All records and documentation of the testing must be retained by the designated
47.2election official for a period of 36 months as part of the election record. The testing record
47.3and documentation must include, but is not limited to, the following:
47.4(1) a formal test plan containing all test scripts used:
47.5(i) the test plan must include test environment containing make, model, type of
47.6hardware, and software versions used in testing; and
47.7(ii) the test plan must also include the number of client computers, servers, and
47.8physical locations involved in testing;
47.9(2) test logs of all events that were observed during testing, including:
47.10(i) the sequence of actions necessary to set up the tests;
47.11(ii) the actions necessary to start the tests;
47.12(iii) the actions taken during the execution of the tests;
47.13(iv) any measurements taken or observed during the tests;
47.14(v) any actions necessary to stop or shut down the tests;
47.15(vi) any actions necessary to bring the tests to a halt; and
47.16(vii) any actions necessary or taken to deal with anomalies experienced during
47.17testing;
47.18(3) performance logs and reports taken from both servers and workstations during
47.19the testing which contain performance information of:
47.20(i) network usage (bandwidth);
47.21(ii) processor utilization;
47.22(iii) Random Access Memory (RAM) utilization; and
47.23(iv) any additional performance monitoring reports necessary to explain the process
47.24taken and to support the findings of the tests; and
47.25(4) all test logs must contain the date, time, operator, test status or outcome, and any
47.26additional information to assist the secretary of state in making a determination.

47.27    Sec. 13. [206A.07] MINIMUM NUMBER OF COMPUTERS REQUIRED FOR
47.28PRECINCTS OPTING TO USE ELECTRONIC ROSTERS.
47.29Counties opting to use electronic rosters in whole or in part shall allocate computers
47.30to affected precincts based upon the total number of registered voters in each precinct
47.3190 days preceding the primary election and historical statistics regarding election day
47.32registrants. The minimum computers required shall be on site at each precinct. Precincts
47.33employing electronic rosters shall be allocated a minimum of two computers.

47.34    Sec. 14. [206A.08] WRITTEN PROCEDURES AND REPORTS.
48.1(a) Written procedures and reports required by this chapter must be submitted by a
48.2county to the secretary of state for approval no later than 60 days before the election. The
48.3secretary of state shall either approve the procedures as submitted or notify the designated
48.4election official of recommended changes.
48.5(b) If the secretary of state rejects or approves the written procedures, the secretary
48.6of state shall provide written notice of the rejection or approval, including specifics of
48.7noncompliance with this chapter within 15 days of receiving the written procedures.
48.8(c) If the secretary of state rejects the written procedures, the designated election
48.9official shall submit a revised procedure within 15 days.
48.10(d) The secretary of state shall permit the filing of the revised procedures at a later
48.11date if it is determined that compliance with the 15-day requirement is impossible.

48.12    Sec. 15. LEGISLATIVE TASK FORCE ON ELECTRONIC ROSTER
48.13IMPLEMENTATION.
48.14    Subdivision 1. Creation. The Legislative Task Force on Electronic Roster
48.15Implementation consists of the following 17 members:
48.16(1) one member of the house of representatives appointed by the speaker of the
48.17house;
48.18(2) one member who served as a head election judge affiliated with the speaker's
48.19political party at the 2010 state general election appointed by the speaker of the house;
48.20(3) one member of the house of representatives appointed by the minority leader
48.21of the house of representatives;
48.22(4) one member who served as head election judge affiliated with the minority
48.23leader's political party at the 2010 state general election appointed by the minority leader
48.24of the house of representatives;
48.25(5) one member of the senate appointed by the majority leader of the senate;
48.26(6) one member who served as a head election judge affiliated with the majority
48.27leader's political party at the 2010 state general election appointed by the majority leader
48.28of the senate;
48.29(7) one member of the senate appointed by the minority leader of the senate;
48.30(8) one member who served as a head election judge affiliated with the minority
48.31leader's political party at the 2010 state general election appointed by the minority leader
48.32of the senate;
48.33(9) three members who are county head election judges appointed by the Minnesota
48.34Association of County Auditors, one of whom shall be from a representative county
48.35with a large population, one of whom shall be from a representative county with an
49.1average-sized population, and one of whom shall be from a representative county with a
49.2small population, as defined by the association;
49.3(10) one member who is a township head elections administrator appointed by
49.4the Minnesota Association of Townships;
49.5(11) one member who is a municipal head elections administrator appointed by
49.6the League of Minnesota Cities;
49.7(12) one member who is experienced in election administration, appointed by the
49.8Minnesota School Boards Association;
49.9(13) the secretary of state, or the secretary's designee;
49.10(14) the director of information and technology in the Office of the Secretary of
49.11State; and
49.12(15) the Chief Information Officer of the state of Minnesota, or the chief's designee.
49.13    Subd. 2. Duties. (a) The Legislative Task Force on Electronic Roster
49.14Implementation shall facilitate development and implementation of electronic rosters for
49.15use in elections, as required by this article.
49.16(b) The task force shall:
49.17    (1) study and recommend options for hardware that meets the standards for use in a
49.18precinct as provided in Minnesota Statutes, chapter 206A;
49.19    (2) study and facilitate implementation of software updates, add-ons, or other
49.20changes to the statewide voter registration system that may be necessary to allow the
49.21system to function as a networked database within or between precincts as required by
49.22Minnesota Statutes, chapter 206A; and
49.23    (3) recommend to the legislature any additional changes to law that may be
49.24necessary to implement the requirements of this article.
49.25    (c) Factors that must be considered by the task force in carrying out its duties
49.26include, but are not limited to:
49.27    (1) ease of equipment use by election administrators, election judges, and voters;
49.28    (2) cost-effectiveness;
49.29    (3) feasibility of available technologies within precincts;
49.30    (4) the security, integrity, and reliability of the electronic roster system and its impact
49.31on the security, integrity, and reliability of the election; and
49.32    (5) minimum standards for equipment and software functionality as provided by law.
49.33(d) The task force shall submit a report to the legislature on its activities and
49.34recommendations no later than December 1, 2011.
50.1    Subd. 3. Administrative provisions. (a) The director of the Legislative
50.2Coordinating Commission shall convene the first meeting of the task force no later than
50.3July 1, 2011, or within 30 days of enactment of this section, whichever is later, and shall
50.4provide staff as necessary to support the work of the task force.
50.5(b) The member of the house of representatives appointed by the speaker of the
50.6house and the member of the senate appointed by the majority leader of the senate shall
50.7serve as co-chairs of the task force.
50.8(c) Meetings of the task force are subject to Minnesota Statutes, chapter 13D, except
50.9that a meeting may be closed to discuss proprietary data or other data that is protected
50.10by law.
50.11    Subd. 4. Deadline for appointments. Appointments required by this section shall
50.12be made within 21 days of enactment of this article.
50.13    Subd. 5. Expiration. The task force expires after the submission of the report
50.14required under subdivision 2.
50.15EFFECTIVE DATE.This section is effective the day following final enactment.

50.16    Sec. 16. EFFECTIVE DATE.
50.17Except where otherwise provided, this article is effective August 14, 2012, and
50.18applies to elections held on or after that date.

50.19ARTICLE 4

50.20RECOUNTS

50.21    Section 1. Minnesota Statutes 2010, section 204C.38, is amended to read:
50.22204C.38 CORRECTION OF OBVIOUS ERRORS; WHEN CANDIDATES
50.23AGREE.
50.24    Subdivision 1. Errors of election judges. If the candidates for an office
50.25unanimously agree in writing that the election judges in any precinct have made an
50.26obvious error in the counting or recording of the votes for that office, they shall deliver the
50.27agreement to the county auditor of that county who shall reconvene the county canvassing
50.28board, if necessary, and present the agreement to it. The county canvassing board shall
50.29correct the error as specified in the agreement.
50.30    Subd. 2. Errors of county canvassing board. If the candidates for an office
50.31unanimously agree in writing that the county canvassing board has made an obvious error
50.32in the counting and recording of the vote for that office they shall notify the county auditor
50.33who shall reconvene the canvassing board. The county canvassing board shall promptly
51.1correct the error as specified in the agreement and file an amended report. When an error is
51.2corrected pursuant to this subdivision, the county canvassing board and the county auditor
51.3shall proceed in accordance with sections 204C.32 to 204C.36 204C.33 and chapter 204E.
51.4    Subd. 3. Errors of State Canvassing Board. If the candidates for an office
51.5unanimously agree in writing that the State Canvassing Board has made an obvious error
51.6in the counting and recording of the vote for that office they shall deliver the agreement
51.7to the secretary of state. If a certificate of election has not been issued, the secretary of
51.8state shall reconvene the State Canvassing Board and present the agreement to it. The
51.9board shall promptly correct the error as specified in the agreement and file an amended
51.10statement. When an error is corrected pursuant to this subdivision by the State Canvassing
51.11Board, the State Canvassing Board and the secretary of state shall proceed in accordance
51.12with sections 204C.32 to 204C.36 204C.33 and chapter 204E.

51.13    Sec. 2. [204E.01] APPLICABILITY.
51.14This chapter establishes procedures for the conduct of all automatic and discretionary
51.15recounts provided for in law.

51.16    Sec. 3. [204E.02] RECOUNT OFFICIALS.
51.17(a) The secretary of state or the secretary of state's designee is the recount official
51.18for recounts conducted by the State Canvassing Board. The county auditor or the county
51.19auditor's designee is the recount official for recounts conducted by the county canvassing
51.20board. The county auditor or the county auditor's designee shall conduct recounts for
51.21county offices. The municipal clerk or the municipal clerk's designee is the recount official
51.22for recounts conducted by the municipal governing body. The school district clerk or
51.23the school district clerk's designee is the recount official for recounts conducted by the
51.24school board, or by a school district canvassing board as provided in section 205A.10,
51.25subdivision 5.
51.26(b) A recount official may delegate the duty to conduct a recount to a county auditor
51.27or municipal clerk by mutual consent. When the person who would otherwise serve as
51.28recount official is a candidate or is the employee or other subordinate, spouse, child,
51.29parent, grandparent, grandchild, stepparent, stepchild, sibling, half-sibling, or stepsibling
51.30of a candidate for the office to be recounted, the appropriate canvassing board shall select
51.31a county auditor or municipal clerk from another jurisdiction to conduct the recount.
51.32(c) As used in this chapter, "legal adviser" means counsel to the recount official and
51.33the canvassing board for the office being recounted.

52.1    Sec. 4. [204E.03] SCOPE OF RECOUNTS.
52.2A recount conducted as provided in this chapter is limited in scope to the
52.3determination of the number of votes validly cast for the office to be recounted. Only the
52.4ballots cast in the election and the summary statements certified by the election judges
52.5may be considered in the recount process. Original ballots that have been duplicated
52.6under section 206.86, subdivision 5, are not within the scope of a recount and must not be
52.7examined except as provided by a court in an election contest under chapter 209.

52.8    Sec. 5. [204E.04] FEDERAL, STATE, AND JUDICIAL RACES.
52.9    Subdivision 1. Automatic recounts. (a) In a state primary when the difference
52.10between the votes cast for the candidates for nomination to a statewide federal office,
52.11state constitutional office, statewide judicial office, congressional office, state legislative
52.12office, or district judicial office is:
52.13(1) less than one-half of one percent of the total number of votes counted for that
52.14nomination; or
52.15(2) ten votes or less and the total number of votes cast for the nomination is 400
52.16votes or less,
52.17and the difference determines the nomination, the canvassing board with responsibility for
52.18declaring the results for that office shall manually recount the vote.
52.19(b) In a state general election when the difference between the votes of a candidate
52.20who would otherwise be declared elected to a statewide federal office, state constitutional
52.21office, statewide judicial office, congressional office, state legislative office, or district
52.22judicial office and the votes of any other candidate for that office is:
52.23(1) less than one-half of one percent of the total number of votes counted for that
52.24office; or
52.25(2) ten votes or less if the total number of votes cast for the office is 400 votes or less,
52.26the canvassing board shall manually recount the votes.
52.27(c) Time for notice of a contest for an office recounted under this section begins to
52.28run upon certification of the results of the recount by the canvassing board, or as otherwise
52.29provided in section 209.021.
52.30(d) A losing candidate may waive a recount required by this section by filing a
52.31written notice of waiver with the canvassing board.
52.32    Subd. 2. Discretionary candidate recount. (a) A losing candidate whose name was
52.33on the ballot for nomination or election to a statewide federal office, state constitutional
52.34office, statewide judicial office, congressional office, state legislative office, or district
52.35judicial office may request a recount in a manner provided in this section at the candidate's
53.1own expense when the vote difference is greater than the difference required by this
53.2section. The votes must be manually recounted as provided in this section if the candidate
53.3files a request during the time for filing notice of contest of the primary or election for
53.4which a recount is sought.
53.5(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in
53.6an amount set by the filing officer for the payment of the recount expenses. The requesting
53.7candidate is responsible for the following expenses: the compensation of the secretary of
53.8state or designees and any election judge, municipal clerk, county auditor, administrator,
53.9or other personnel who participate in the recount; necessary supplies and travel related to
53.10the recount; the compensation of the appropriate canvassing board and costs of preparing
53.11for the canvass of recount results; and any attorney fees incurred in connection with the
53.12recount by the governing body responsible for the recount.
53.13(c) The requesting candidate may provide the filing officer with a list of up to three
53.14precincts that are to be recounted first and may waive the balance of the recount after these
53.15precincts have been counted. If the candidate provides a list, the recount official must
53.16determine the expenses for those precincts in the manner provided by paragraph (b).
53.17(d) If the winner of the race is changed by the optional recount, the cost of the
53.18recount must be paid by the jurisdiction conducting the recount.
53.19(e) If a result of the vote counting in the manual recount is different from the result
53.20of the vote counting reported on election day by a margin greater than the standard for
53.21acceptable performance of voting systems provided in section 206.89, subdivision 4, the
53.22cost of the recount must be paid by the jurisdiction conducting the recount.

53.23    Sec. 6. [204E.05] RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND
53.24MUNICIPAL ELECTIONS.
53.25    Subdivision 1. Required recounts. (a) Except as provided in paragraph (b), a
53.26losing candidate for nomination or election to a county, municipal, or school district office
53.27may request a recount of the votes cast for the nomination or election to that office if
53.28the difference between the votes cast for that candidate and for a winning candidate for
53.29nomination or election is less than one-half of one percent of the total votes counted for
53.30that office. In case of offices where two or more seats are being filled from among all the
53.31candidates for the office, the one-half of one percent difference is between the elected
53.32candidate with the fewest votes and the candidate with the most votes from among the
53.33candidates who were not elected.
53.34(b) A losing candidate for nomination or election to a county, municipal, or school
53.35district office may request a recount of the votes cast for nomination or election to that
54.1office if the difference between the votes cast for that candidate and for a winning
54.2candidate for nomination or election is ten votes or less, and the total number of votes cast
54.3for the nomination or election of all candidates is no more than 400. In cases of offices
54.4where two or more seats are being filled from among all the candidates for the office,
54.5the ten-vote difference is between the elected candidate with the fewest votes and the
54.6candidate with the most votes from among the candidates who were not elected.
54.7(c) Candidates for county offices shall file a written request for the recount with the
54.8county auditor. Candidates for municipal or school district offices shall file a written
54.9request with the municipal or school district clerk as appropriate. All requests must be
54.10filed during the time for notice of contest of the primary or election for which a recount
54.11is sought.
54.12(d) Upon receipt of a request made pursuant to this section, the county auditor
54.13shall recount the votes for a county office at the expense of the county, the governing
54.14body of the municipality shall recount the votes for a municipal office at the expense of
54.15the municipality, and the school board of the school district shall recount the votes for a
54.16school district office at the expense of the school district.
54.17    Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination
54.18or election to a county, municipal, or school district office may request a recount in the
54.19manner provided in this section at the candidate's own expense when the vote difference
54.20is greater than the difference required by subdivision 1. The votes must be manually
54.21recounted as provided in this section if the requesting candidate files with the county
54.22auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by
54.23the governing body of the jurisdiction or the school board of the school district for the
54.24payment of the recount expenses.
54.25    (b) The requesting candidate may provide the filing officer with a list of up to three
54.26precincts that are to be recounted first and may waive the balance of the recount after these
54.27precincts have been counted. If the candidate provides a list, the recount official must
54.28determine the expenses for those precincts in the manner provided by this paragraph.
54.29    (c) If the winner of the race is changed by the optional recount, the cost of the
54.30recount must be paid by the jurisdiction conducting the recount.
54.31    (d) If a result of the vote counting in the manual recount is different from the result
54.32of the vote counting reported on election day by a margin greater than the standard for
54.33acceptable performance of voting systems provided in section 206.89, subdivision 4, the
54.34cost of the recount must be paid by the jurisdiction conducting the recount.
54.35    Subd. 3. Discretionary ballot question recounts. A recount may be conducted
54.36for a ballot question when the difference between the votes for and the votes against the
55.1question is less than or equal to the difference provided in subdivision 1. A recount may
55.2be requested by any person eligible to vote on the ballot question. A written request for a
55.3recount must be filed with the filing officer of the county, municipality, or school district
55.4placing the question on the ballot and must be accompanied by a petition containing the
55.5signatures of 25 voters eligible to vote on the question. Upon receipt of a written request
55.6when the difference between the votes for and the votes against the question is less than or
55.7equal to the difference provided in subdivision 1, the county auditor shall recount the votes
55.8for a county question at the expense of the county, the governing body of the municipality
55.9shall recount the votes for a municipal question at the expense of the municipality, and the
55.10school board of the school district shall recount the votes for a school district question at
55.11the expense of the school district. If the difference between the votes for and the votes
55.12against the question is greater than the difference provided in subdivision 1, the person
55.13requesting the recount shall also file with the filing officer of the county, municipality, or
55.14school district a bond, cash, or surety in an amount set by the appropriate governing body
55.15for the payment of recount expenses. The written request, petition, and any bond, cash,
55.16or surety required must be filed during the time for notice of contest for the election for
55.17which the recount is requested.
55.18    Subd. 4. Expenses. In the case of a question, a person, or a candidate requesting a
55.19discretionary recount, is responsible for the following expenses: the compensation of the
55.20secretary of state, or designees, and any election judge, municipal clerk, county auditor,
55.21administrator, or other personnel who participate in the recount; necessary supplies and
55.22travel related to the recount; the compensation of the appropriate canvassing board and
55.23costs of preparing for the canvass of recount results; and any attorney fees incurred in
55.24connection with the recount by the governing body responsible for the recount.
55.25    Subd. 5. Notice of contest. Except as otherwise provided in section 209.021, the
55.26time for notice of contest of a nomination or election to an office which is recounted
55.27pursuant to this section begins to run upon certification of the results of the recount by the
55.28appropriate canvassing board or governing body.

55.29    Sec. 7. [204E.06] NOTICE.
55.30Within 24 hours after determining that an automatic recount is required or within 48
55.31hours of receipt of a written request for a recount and filing of a security deposit if one is
55.32required, the official in charge of the recount shall send notice to the candidates for the
55.33office to be recounted and the county auditor of each county wholly or partially within
55.34the election district. The notice must include the date, starting time, and location of the
55.35recount, the office to be recounted, and the name of the official performing the recount.
56.1The notice must state that the recount is open to the public and, in case of an automatic
56.2recount, that the losing candidate may waive the recount.

56.3    Sec. 8. [204E.07] SECURING BALLOTS AND MATERIALS.
56.4(a) The official who has custody of the voted ballots is responsible for keeping
56.5secure all election materials. Registration cards of voters who registered on election day
56.6may be processed as required by rule. All other election materials must be kept secure by
56.7precinct as returned by the election judges until all recounts have been completed and until
56.8the time for contest of election has expired.
56.9(b) Any candidate for an office to be recounted may have all materials relating
56.10to the election, including, but not limited to, polling place rosters, voter registration
56.11applications, accepted absentee ballot envelopes, rejected absentee ballot envelopes,
56.12applications for absentee ballots, precinct summary statements, printouts from voting
56.13machines, and precinct incident logs inspected before the canvassing board may certify
56.14the results of the recount.

56.15    Sec. 9. [204E.08] FACILITIES AND EQUIPMENT.
56.16All recounts must be accessible to the public. In a multicounty recount the secretary
56.17of state may locate the recount in one or more of the election jurisdictions or at the site of
56.18the canvassing board. Each election jurisdiction where a recount is conducted shall make
56.19available, without charge to the recount official or body conducting the recount, adequate
56.20accessible space and all necessary equipment and facilities.

56.21    Sec. 10. [204E.09] GENERAL PROCEDURES.
56.22At the opening of a recount, the recount official or legal adviser shall present the
56.23procedures contained in this section for the recount. The custodian of the ballots shall
56.24make available to the recount official the precinct summary statements, the precinct boxes
56.25or the sealed containers of voted ballots, and any other election materials requested by the
56.26recount official. If the recount official needs to leave the room for any reason, the recount
56.27official must designate a deputy recount official to preside during the recount official's
56.28absence. A recount official must be in the room at all times. The containers of voted ballots
56.29must be unsealed and resealed within public view. No ballots or election materials may be
56.30handled by candidates, their representatives, or members of the public. There must be an
56.31area of the room from which the public may observe the recount. Cell phones and video
56.32cameras may be used in this public viewing area, as long as their use is not disruptive. The
56.33recount official shall arrange the counting of the ballots so that the candidates and their
57.1representatives may observe the ballots as they are recounted. Candidates may each have
57.2one representative observe the sorting of each precinct. One additional representative per
57.3candidate may observe the ballots when they have been sorted and are being counted
57.4pursuant to section 204E.10. Candidates may have additional representatives in the public
57.5viewing area of the room. If other election materials are handled or examined by the
57.6recount officials, the candidates and their representatives may observe them. The recount
57.7official shall ensure that public observation does not interfere with the counting of the
57.8ballots. The recount official shall prepare a summary of the recount vote by precinct.

57.9    Sec. 11. [204E.10] COUNTING AND CHALLENGING BALLOTS.
57.10    Subdivision 1. Breaks in counting process. Recount officials may not take a break
57.11for a meal or for the day prior to the completion of the sorting, counting, review, and
57.12labeling of challenges, and secure storage of the ballots for any precinct. All challenged
57.13ballots must be stored securely during breaks in the counting process.
57.14    Subd. 2. Sorting ballots. Ballots must be recounted by precinct. The recount
57.15official shall open the sealed container of ballots and recount them in accordance with
57.16section 204C.22. The recount official must review each ballot and sort the ballots into
57.17piles based upon the recount official's determination as to which candidate, if any, the
57.18voter intended to vote for: one pile for each candidate that is the subject of the recount
57.19and one pile for all other ballots.
57.20    Subd. 3. Challenge. During the sorting, a candidate or candidate's representative
57.21may challenge the ballot if the candidate's representative disagrees with the recount
57.22official's determination of the person for whom the ballot should be counted and whether
57.23there are identifying marks on the ballot. At a recount of a ballot question, the manner
57.24in which a ballot is counted may be challenged by the person who requested the recount
57.25or that person's representative. Challenges may not be automatic or frivolous and the
57.26challenger must state the basis for the challenge pursuant to section 204C.22. Challenged
57.27ballots must be placed into separate piles, one for ballots challenged by each candidate.
57.28Only the canvassing board with responsibility to certify the results of the recount has the
57.29authority to declare a challenge to be "frivolous."
57.30    Subd. 4. Counting ballots. Once ballots have been sorted, the recount officials must
57.31count the piles using the stacking method described in section 204C.21. A candidate or
57.32candidate's representative may immediately request to have a pile of 25 counted a second
57.33time if there is not agreement as to the number of votes in the pile.
57.34    Subd. 5. Reviewing and labeling challenged ballots. After the ballots from
57.35a precinct have been counted, the recount official may review the challenged ballots
58.1with the candidate or the candidate's representative. The candidate's representative may
58.2choose to withdraw any challenges previously made. The precinct name, the reason
58.3for the challenge, and the name of the person challenging the ballot or the candidate
58.4that person represents, and a sequential number must be marked on the back of each
58.5remaining challenged ballot before it is placed in an envelope marked "Challenged
58.6Ballots." After the count of votes for the precinct has been determined, all ballots except
58.7the challenged ballots must be resealed in the ballot envelopes and returned with the other
58.8election materials to the custodian of the ballots. The recount official may make copies
58.9of the challenged ballots. After the count of votes for all precincts has been determined
58.10during that day of counting, the challenged ballot envelope must be sealed and kept secure
58.11for presentation to the canvassing board.

58.12    Sec. 12. [204E.11] RESULTS OF RECOUNT; TIE VOTES.
58.13    Subdivision 1. Certification of results. The recount official shall present the
58.14summary statement of the recount and any challenged ballots to the canvassing board.
58.15The candidate or candidate's representative who made the challenge may present the
58.16basis for the challenge to the canvassing board. The canvassing board shall rule on the
58.17challenged ballots and incorporate the results into the summary statement. The canvassing
58.18board shall certify the results of the recount. Challenged ballots must be returned to the
58.19election official who has custody of the ballots.
58.20    Subd. 2. Tie votes. In case of a tie vote for nomination or election to an office, the
58.21canvassing board with the responsibility for declaring the results for that office shall
58.22determine the tie by lot.

58.23    Sec. 13. [204E.12] SECURITY DEPOSIT.
58.24When a bond, cash, or surety for recount expenses is required by section 204E.04
58.25or 204E.05, the governing body or recount official shall set the amount of the security
58.26deposit at an amount which will cover expected recount expenses. In multicounty districts,
58.27the secretary of state shall set the amount taking into consideration the expenses of the
58.28election jurisdictions in the district and the expenses of the secretary of state. The security
58.29deposit must be filed during the period for requesting an administrative recount. In
58.30determining the expenses of the recount, only the actual recount expenditures incurred
58.31by the recount official and the election jurisdiction in conducting the recount may be
58.32included. General office and operating costs may not be taken into account.

58.33    Sec. 14. REVISOR'S INSTRUCTION.
59.1Except where otherwise amended by this article, the revisor of statutes shall
59.2renumber each section of Minnesota Statutes listed in column A with the number listed in
59.3column B. The revisor shall make necessary cross-reference changes consistent with the
59.4renumbering.

59.5	Column A	Column B
59.6	204C.34	204E.11, subdivision 2
59.7	204C.35	204E.04
59.8	204C.36	204E.05

59.9    Sec. 15. REPEALER.
59.10Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36; and 204C.361, are
59.11repealed.

59.12    Sec. 16. EFFECTIVE DATE.
59.13This article is effective June 1, 2011, and applies to recounts conducted on or after
59.14that date.

59.15ARTICLE 5

59.16TITLE; SEVERABILITY; APPROPRIATIONS

59.17    Section 1. TITLE.
59.18This act shall be known as "The 21st Century Voting Act."

59.19    Sec. 2. SEVERABILITY.
59.20All provisions of this act are severable. If any provision of this act is found to
59.21be unconstitutional and void, the remaining provisions shall remain valid, unless the
59.22court finds the valid provisions are so essentially and inseparably connected with, and so
59.23dependent upon, the void provisions that the court cannot presume the legislature would
59.24have enacted the remaining provisions without the void one; or unless the court finds the
59.25remaining valid provisions, standing alone, are incomplete and are incapable of being
59.26executed in accordance with the legislative intent.

59.27    Sec. 3. APPROPRIATIONS.
59.28(a) The following amounts are appropriated from the funds and in the fiscal years
59.29indicated to the commissioner of administration for the purposes of the public education
59.30campaign required by article 1, section 35:
60.1(1) $100,000 in fiscal year 2012 and $1,200,000 in fiscal year 2013 are from the
60.2general fund; and
60.3(2) $1,000,000 in fiscal year 2013 is from the Help America Vote Act account.
60.4These are onetime appropriations.
60.5(b) The following amounts are appropriated in fiscal year 2012 from the Help
60.6America Vote Act account to the secretary of state:
60.7(1) $950,000 for information technology costs related to implementation of the
60.8electronic roster requirements contained in article 3; and
60.9(2) $500,000 for purposes of implementing all other requirements of this act.
60.10(c) $75,000 in fiscal year 2012 and $1,033,000 in fiscal year 2013 are appropriated
60.11from the general fund to the commissioner of management and budget for transfer to
60.12the state-subsidized identification card account established in article 1, section 20, for
60.13purposes of providing voter identification cards to individuals qualifying under Minnesota
60.14Statutes, section 171.07, subdivision 3b. The base for this appropriation is $215,000 in
60.15fiscal year 2014 and each year after.
60.16Money appropriated under this section in fiscal year 2012 is available in fiscal
60.17year 2013.
60.18EFFECTIVE DATE.This section is effective the day following final enactment."
60.19Delete the title and insert:

60.20"A bill for an act

60.21relating to elections; requiring voters to provide picture identification before
60.22receiving a ballot in most situations; providing for the issuance of voter
60.23identification cards at no charge; changing certain filing requirements;
60.24establishing a procedure for provisional balloting; creating challenged voter
60.25eligibility list; specifying other election administration procedures; allowing use
60.26of electronic polling place rosters; setting standards for use of electronic polling
60.27place rosters; creating legislative task force on electronic roster implementation;
60.28enacting procedures related to recounts; requiring reports; appropriating money;
60.29amending Minnesota Statutes 2010, sections 10A.20, subdivision 2; 13.69,
60.30subdivision 1; 135A.17, subdivision 2; 171.01, by adding a subdivision; 171.06,
60.31subdivisions 1, 2, 3, by adding a subdivision; 171.061, subdivisions 1, 3, 4;
60.32171.07, subdivisions 1a, 4, 9, 14, by adding a subdivision; 171.071; 171.11;
60.33171.14; 200.02, by adding a subdivision; 201.021; 201.022, subdivision 1;
60.34201.061, subdivisions 3, 4, 7; 201.071, subdivision 3; 201.081; 201.121,
60.35subdivisions 1, 3; 201.171; 201.221, subdivision 3; 203B.04, subdivisions 1,
60.362; 203B.06, subdivision 5; 203B.121, subdivision 1; 204B.14, subdivision 2;
60.37204B.21, subdivision 2; 204B.40; 204C.10; 204C.12, subdivisions 3, 4; 204C.14;
60.38204C.20, subdivisions 1, 2, 4, by adding a subdivision; 204C.23; 204C.24,
60.39subdivision 1; 204C.32; 204C.33, subdivision 1; 204C.37; 204C.38; 204D.24,
60.40subdivision 2; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03,
60.41subdivision 4; 205A.10, subdivision 3; 206.86, subdivisions 1, 2; 209.021,
60.42subdivision 1; 209.06, subdivision 1; 211B.11, subdivision 1; proposing coding
60.43for new law in Minnesota Statutes, chapters 200; 201; 204C; proposing coding
60.44for new law as Minnesota Statutes, chapters 204E; 206A; repealing Minnesota
61.1Statutes 2010, sections 203B.04, subdivision 3; 204C.34; 204C.35; 204C.36;
61.2204C.361."

62.1	We request the adoption of this report and repassage of the bill.
62.2	Senate Conferees:
62.3	.....		.....
62.4	Warren Limmer		Scott J. Newman
62.5	.....		.....
62.6	Ray Vandeveer		Paul Gazelka
62.7	.....
62.8	Roger C. Chamberlain
62.9	House Conferees:
62.10	.....		.....
62.11	Mary Kiffmeyer		Mike Benson
62.12	.....		.....
62.13	Keith Downey		Tim Sanders
62.14	.....
62.15	Denise Dittrich