SF 509

1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 05/03/2011 04:36pm

1.1A bill for an act

1.2relating to elections; requiring voters to provide picture identification before
1.3receiving a ballot in most situations; providing for the issuance of voter
1.4identification cards at no charge; establishing a procedure for provisional
1.5balloting; creating challenged voter eligibility list; specifying other election
1.6administration procedures; allowing use of electronic polling place rosters;
1.7setting standards for use of electronic polling place rosters; creating legislative
1.8task force on electronic roster implementation; enacting procedures related to
1.9recounts; appropriating money;amending Minnesota Statutes 2010, sections
1.1013.69, subdivision 1; 135A.17, subdivision 2; 171.01, by adding a subdivision;
1.11171.06, subdivisions 1, 2, 3, by adding a subdivision; 171.061, subdivisions
1.121, 3, 4; 171.07, subdivisions 1a, 4, 9, 14, by adding a subdivision; 171.071;
1.13171.11; 171.14; 200.02, by adding a subdivision; 201.021; 201.022, subdivision
1.141; 201.061, subdivisions 3, 4, 7; 201.071, subdivision 3; 201.081; 201.121,
1.15subdivisions 1, 3; 201.171; 201.221, subdivision 3; 203B.04, subdivisions 1,
1.162; 203B.06, subdivision 5; 203B.121, subdivision 1; 204B.14, subdivision 2;
1.17204B.40; 204C.10; 204C.12, subdivisions 3, 4; 204C.20, subdivisions 1, 2, 4,
1.18by adding a subdivision; 204C.23; 204C.24, subdivision 1; 204C.32; 204C.33,
1.19subdivision 1; 204C.37; 204C.38; 204D.24, subdivision 2; 205.065, subdivision
1.205; 205.185, subdivision 3; 205A.03, subdivision 4; 205A.10, subdivision 3;
1.21206.86, subdivisions 1, 2; 209.021, subdivision 1; 209.06, subdivision 1;
1.22211B.11, subdivision 1; proposing coding for new law in Minnesota Statutes,
1.23chapters 200; 201; 204C; proposing coding for new law as Minnesota Statutes,
1.24chapters 204E; 206A; repealing Minnesota Statutes 2010, sections 203B.04,
1.25subdivision 3; 204C.34; 204C.35; 204C.36; 204C.361.
1.26BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.27ARTICLE 1

1.28VOTER REGISTRATION, PHOTO IDENTIFICATION, AND
1.29PROVISIONAL BALLOTING

1.30    Section 1. Minnesota Statutes 2010, section 13.69, subdivision 1, is amended to read:
1.31    Subdivision 1. Classifications. (a) The following government data of the
1.32Department of Public Safety are private data:
2.1(1) medical data on driving instructors, licensed drivers, and applicants for parking
2.2certificates and special license plates issued to physically disabled persons;
2.3(2) other data on holders of a disability certificate under section 169.345, except that
2.4data that are not medical data may be released to law enforcement agencies;
2.5(3) Social Security numbers in driver's license and motor vehicle registration
2.6records, except that Social Security numbers must be provided to the Department of
2.7Revenue for purposes of tax administration, the Department of Labor and Industry for
2.8purposes of workers' compensation administration and enforcement, and the Department
2.9of Natural Resources for purposes of license application administration; and
2.10(4) data on persons listed as standby or temporary custodians under section 171.07,
2.11subdivision 11 , except that the data must be released to:
2.12(i) law enforcement agencies for the purpose of verifying that an individual is a
2.13designated caregiver; or
2.14(ii) law enforcement agencies who state that the license holder is unable to
2.15communicate at that time and that the information is necessary for notifying the designated
2.16caregiver of the need to care for a child of the license holder; and
2.17(5) data on applicants for a Minnesota voter identification card under section 171.07,
2.18subdivision 3b.
2.19The department may release the Social Security number only as provided in clause
2.20(3) and must not sell or otherwise provide individual Social Security numbers or lists of
2.21Social Security numbers for any other purpose.
2.22(b) The following government data of the Department of Public Safety are
2.23confidential data: data concerning an individual's driving ability when that data is received
2.24from a member of the individual's family.

2.25    Sec. 2. Minnesota Statutes 2010, section 171.01, is amended by adding a subdivision
2.26to read:
2.27    Subd. 51. Voter identification card. "Voter identification card" means a card
2.28issued or issuable under the laws of this state by the commissioner of public safety that
2.29denotes citizenship, identity, and residence address and may be used as identification
2.30and proof of residence for election day voter registration and for voting on election day,
2.31but for no other purpose.

2.32    Sec. 3. Minnesota Statutes 2010, section 171.06, subdivision 1, is amended to read:
2.33    Subdivision 1. Forms of application. Every application for a Minnesota
2.34identification card, for an enhanced identification card, for an instruction permit, for
3.1a provisional license, for a driver's license, or for an enhanced driver's license, or for a
3.2voter identification card must be made in a format approved by the department, and every
3.3application, except for an application for a voter identification card, must be accompanied
3.4by the proper fee. All first-time applications and change-of-status applications must be
3.5signed in the presence of the person authorized to accept the application, or the signature
3.6on the application may be verified by a notary public. All applications requiring evidence
3.7of legal presence in the United States or United States citizenship must be signed in
3.8the presence of the person authorized to accept the application, or the signature on the
3.9application may be verified by a notary public.

3.10    Sec. 4. Minnesota Statutes 2010, section 171.06, subdivision 2, is amended to read:
3.11    Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are
3.12as follows:

3.13	Classified Driver's License		D-$22.25	C-$26.25	B-$33.25	A-$41.25
3.14	Classified Under-21 D.L.		D-$22.25	C-$26.25	B-$33.25	A-$21.25
3.15	Enhanced Driver's License		D-$37.25	C-$41.25	B-$48.25	A-$56.25
3.16	Instruction Permit					$10.25
3.17 3.18	Enhanced Instruction Permit					$25.25
3.19	Provisional License					$13.25
3.20 3.21	Enhanced Provisional License					$28.25
3.22 3.23 3.24	Duplicate License or duplicate identification card					$11.75
3.25 3.26 3.27 3.28	Enhanced Duplicate License or enhanced duplicate identification card					$26.75
3.29 3.30 3.31 3.32 3.33 3.34 3.35	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
3.36 3.37	Enhanced Minnesota identification card					$31.25

3.38    In addition to each fee required in this paragraph, the commissioner shall collect a
3.39surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be
3.40credited to the driver and vehicle services technology account in the special revenue fund
3.41under section 299A.705.
4.1    (b) Notwithstanding paragraph (a), an individual who holds a provisional license and
4.2has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
4.3169A.35 , or sections 169A.50 to 169A.53, (2) convictions for crash-related moving
4.4violations, and (3) convictions for moving violations that are not crash related, shall have a
4.5$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
4.6has the meaning given it in section 171.04, subdivision 1.
4.7    (c) In addition to the driver's license fee required under paragraph (a), the
4.8commissioner shall collect an additional $4 processing fee from each new applicant
4.9or individual renewing a license with a school bus endorsement to cover the costs for
4.10processing an applicant's initial and biennial physical examination certificate. The
4.11department shall not charge these applicants any other fee to receive or renew the
4.12endorsement.
4.13(d) The commissioner shall not collect any fee or surcharge for a voter identification
4.14card.

4.15    Sec. 5. Minnesota Statutes 2010, section 171.06, subdivision 3, is amended to read:
4.16    Subd. 3. Contents of license application; other information. (a) An application
4.17for a Minnesota identification card, enhanced identification card, instruction permit,
4.18provisional license, driver's license, or enhanced driver's license must:
4.19    (1) state the full name, date of birth, sex, and either (i) the residence address of the
4.20applicant, or (ii) designated address under section 5B.05;
4.21    (2) as may be required by the commissioner, contain a description of the applicant
4.22and any other facts pertaining to the applicant, the applicant's driving privileges, and the
4.23applicant's ability to operate a motor vehicle with safety;
4.24    (3) state:
4.25    (i) the applicant's Social Security number; or
4.26    (ii) if the applicant does not have a Social Security number and is applying for a
4.27Minnesota identification card, instruction permit, or class D provisional or driver's license,
4.28that the applicant certifies that the applicant does not have a Social Security number;
4.29    (4) in the case of an application for an enhanced driver's license or enhanced
4.30identification card, present:
4.31(i) proof satisfactory to the commissioner of the applicant's full legal name, United
4.32States citizenship, identity, date of birth, Social Security number, and residence address;
4.33and
4.34(ii) a photographic identity document;
5.1(5) contain a space where the applicant may indicate a desire to make an anatomical
5.2gift according to paragraph (b);
5.3    (6) contain a notification to the applicant of the availability of a living will/health
5.4care directive designation on the license under section 171.07, subdivision 7; and
5.5(7) contain a space where the applicant may request a veteran designation on the
5.6license under section 171.07, subdivision 15, and the driving record under section 171.12,
5.7subdivision 5a.
5.8    (b) If the applicant does not indicate a desire to make an anatomical gift when
5.9the application is made, the applicant must be offered a donor document in accordance
5.10with section 171.07, subdivision 5. The application must contain statements sufficient to
5.11comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
5.12Act, chapter 525A, so that execution of the application or donor document will make
5.13the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a
5.14desire to make an anatomical gift. The application must be accompanied by information
5.15describing Minnesota laws regarding anatomical gifts and the need for and benefits of
5.16anatomical gifts, and the legal implications of making an anatomical gift, including the
5.17law governing revocation of anatomical gifts. The commissioner shall distribute a notice
5.18that must accompany all applications for and renewals of a driver's license or Minnesota
5.19identification card. The notice must be prepared in conjunction with a Minnesota organ
5.20procurement organization that is certified by the federal Department of Health and Human
5.21Services and must include:
5.22    (1) a statement that provides a fair and reasonable description of the organ donation
5.23process, the care of the donor body after death, and the importance of informing family
5.24members of the donation decision; and
5.25    (2) a telephone number in a certified Minnesota organ procurement organization that
5.26may be called with respect to questions regarding anatomical gifts.
5.27    (c) The application must be accompanied also by information containing relevant
5.28facts relating to:
5.29    (1) the effect of alcohol on driving ability;
5.30    (2) the effect of mixing alcohol with drugs;
5.31    (3) the laws of Minnesota relating to operation of a motor vehicle while under the
5.32influence of alcohol or a controlled substance; and
5.33    (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
5.34for alcohol-related violations.

6.1    Sec. 6. Minnesota Statutes 2010, section 171.06, is amended by adding a subdivision
6.2to read:
6.3    Subd. 3b. Application for voter identification card. An application for a voter
6.4identification card, including a renewal or duplicate card, or a new card required as a
6.5result of change of address, must:
6.6(1) state the applicant's full legal name, date of birth, sex, residence address, and
6.7(i) last four digits of the applicant's Social Security number, or (ii) certification that the
6.8applicant has not been assigned a Social Security number;
6.9(2) describe the applicant in the manner the commissioner deems necessary;
6.10(3) be accompanied by proof satisfactory to the commissioner of the applicant's
6.11United States citizenship;
6.12(4) state the length of residence at the applicant's current address; and
6.13(5) present a photographic identity document or affirm under penalty of perjury that
6.14the applicant has a religious objection to the use of a photographic image.

6.15    Sec. 7. Minnesota Statutes 2010, section 171.061, subdivision 1, is amended to read:
6.16    Subdivision 1. Definitions. For purposes of this section:
6.17(1) "applicant" means an individual applying for a driver's license, provisional
6.18license, restricted license, duplicate license, instruction permit, Minnesota identification
6.19card, voter identification card, or motorized bicycle operator's permit; and
6.20(2) "application" refers to an application for a driver's license, provisional license,
6.21restricted license, duplicate license, instruction permit, Minnesota identification card,
6.22 voter identification card, or motorized bicycle operator's permit.

6.23    Sec. 8. Minnesota Statutes 2010, section 171.061, subdivision 3, is amended to read:
6.24    Subd. 3. Application. An applicant may file an application with an agent. The
6.25agent shall receive and accept applications in accordance with the laws and rules of the
6.26Department of Public Safety for a driver's license, restricted license, duplicate license,
6.27instruction permit, Minnesota identification card, voter identification card, or motorized
6.28bicycle operator's permit.

6.29    Sec. 9. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read:
6.30    Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of
6.31$5 for each application, except for an application for a voter identification card, for
6.32which no filing fee may be charged. Except as provided in paragraph (b), the fee shall
6.33cover all expenses involved in receiving, accepting, or forwarding to the department the
7.1applications and fees required under sections 171.02, subdivision 3; 171.06, subdivisions
7.22 and 2a ; and 171.07, subdivisions 3 and 3a.
7.3(b) The department shall maintain the photo identification equipment for all
7.4agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or
7.5discontinuance of an existing agent, and if a new agent is appointed in an existing office
7.6pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota
7.7Rules, part 7404.0400, the department shall provide and maintain photo identification
7.8equipment without additional cost to a newly appointed agent in that office if the office
7.9was provided the equipment by the department before January 1, 2000. All photo
7.10identification equipment must be compatible with standards established by the department.
7.11(c) A filing fee retained by the agent employed by a county board must be paid into
7.12the county treasury and credited to the general revenue fund of the county. An agent who
7.13is not an employee of the county shall retain the filing fee in lieu of county employment
7.14or salary and is considered an independent contractor for pension purposes, coverage
7.15under the Minnesota State Retirement System, or membership in the Public Employees
7.16Retirement Association.
7.17(d) Before the end of the first working day following the final day of the reporting
7.18period established by the department, the agent must forward to the department all
7.19applications and fees collected during the reporting period except as provided in paragraph
7.20(c). The department shall transmit payment to the agent of $5 for each application for a
7.21voter identification card. An agent employed by a county board shall remit the payments
7.22to the county under paragraph (c) and all other agents may retain the payments.

7.23    Sec. 10. Minnesota Statutes 2010, section 171.07, subdivision 1a, is amended to read:
7.24    Subd. 1a. Filing photograph or image; data classification. The department
7.25shall file, or contract to file, all photographs or electronically produced images obtained
7.26in the process of issuing drivers' licenses or, Minnesota identification cards, or voter
7.27identification cards. The photographs or electronically produced images shall be private
7.28data pursuant to section 13.02, subdivision 12. Notwithstanding section 13.04, subdivision
7.293 , the department shall not be required to provide copies of photographs or electronically
7.30produced images to data subjects. The use of the files is restricted:
7.31    (1) to the issuance and control of drivers' licenses and voter identification cards;
7.32    (2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the
7.33investigation and prosecution of crimes, service of process, enforcement of no contact
7.34orders, location of missing persons, investigation and preparation of cases for criminal,
7.35juvenile, and traffic court, and supervision of offenders;
8.1    (3) to public defenders, as defined in section 611.272, for the investigation and
8.2preparation of cases for criminal, juvenile, and traffic courts; and
8.3    (4) to child support enforcement purposes under section 256.978.

8.4    Sec. 11. Minnesota Statutes 2010, section 171.07, is amended by adding a subdivision
8.5to read:
8.6    Subd. 3b. Voter identification cards. (a) A voter identification card must be
8.7issued to a qualifying applicant who, on the election day next occurring after the date of
8.8issuance, will meet the voter eligibility requirements of the Minnesota State Constitution
8.9and statutes, and who does not possess a current Minnesota driver's license or Minnesota
8.10identification card.
8.11(b) A voter identification card must bear a distinguishing number assigned to the
8.12applicant; the applicant's full name and date of birth; the applicant's address of residence;
8.13a description of the applicant in the manner as the commissioner deems necessary; the
8.14date of the card's expiration; and the usual signature of the applicant. The card must bear
8.15a colored photograph or an electronically produced image of the applicant, or, for an
8.16applicant who has affirmed a religious objection under section 171.06, subdivision 3b,
8.17clause (5), the card must bear the words "Valid without photograph."
8.18(c) A voter identification card shall not be valid identification for purposes unrelated
8.19to voting in Minnesota.
8.20(d) A voter identification card must be of a different color scheme than a Minnesota
8.21driver's license or state identification card, but must incorporate the same information and
8.22security features as provided in subdivision 9.
8.23(e) Each voter identification card must be plainly marked: "Voter Identification –
8.24Not a driver's license. Valid Identification Only for Voting."

8.25    Sec. 12. Minnesota Statutes 2010, section 171.07, subdivision 4, is amended to read:
8.26    Subd. 4. Expiration. (a) Except as otherwise provided in this subdivision,
8.27the expiration date of Minnesota identification cards and voter identification cards of
8.28applicants under the age of 65 shall be the birthday of the applicant in the fourth year
8.29following the date of issuance of the card.
8.30(b) Minnesota identification cards and voter identification cards issued to applicants
8.31age 65 or over shall be valid for the lifetime of the applicant.
8.32(c) The expiration date for an Under-21 identification card is the cardholder's 21st
8.33birthday. The commissioner shall issue an identification card to a holder of an Under-21
8.34identification card who applies for the card, pays the required fee, and presents proof of
9.1identity and age, unless the commissioner determines that the applicant is not qualified
9.2for the identification card.

9.3    Sec. 13. Minnesota Statutes 2010, section 171.07, subdivision 9, is amended to read:
9.4    Subd. 9. Improved security. The commissioner shall develop new Drivers'
9.5licenses and, identification cards, to be issued beginning January 1, 1994, that and voter
9.6identification cards must be as impervious to alteration as is reasonably practicable in their
9.7design and quality of material and technology. The driver's license security laminate
9.8shall be made from materials not readily available to the general public. The design and
9.9technology employed must enable the driver's license and identification card to be subject
9.10to two or more methods of visual verification capable of clearly indicating the presence
9.11of tampering or counterfeiting. The driver's license and identification card must not be
9.12susceptible to reproduction by photocopying or simulation and must be highly resistant
9.13to data or photograph substitution and other tampering.

9.14    Sec. 14. Minnesota Statutes 2010, section 171.07, subdivision 14, is amended to read:
9.15    Subd. 14. Use of Social Security number. An applicant's Social Security number
9.16must not be displayed, encrypted, or encoded on the driver's license or, Minnesota
9.17identification card, voter identification card, or included in a magnetic strip or bar code
9.18used to store data on the license or, Minnesota identification card, or voter identification
9.19card. The Social Security number must not be used as a Minnesota driver's license or,
9.20identification, or voter identification number.

9.21    Sec. 15. Minnesota Statutes 2010, section 171.071, is amended to read:
9.22171.071 PHOTOGRAPH ON LICENSE OR, IDENTIFICATION CARD, OR
9.23VOTER IDENTIFICATION CARD.
9.24    Subdivision 1. Religious objection. Notwithstanding the provisions of section
9.25171.07 , the commissioner of public safety may adopt rules to permit identification on a
9.26driver's license or, Minnesota identification card, or voter identification card in lieu of
9.27a photograph or electronically produced image where the commissioner finds that the
9.28licensee has religious objections to the use of a photograph or electronically produced
9.29image.
9.30    Subd. 2. Certain head wear permitted. If an accident involving a head injury,
9.31serious illness, or treatment of the illness has resulted in hair loss by an applicant for a
9.32driver's license or, identification card, or voter identification card, the commissioner shall
9.33permit the applicant to wear a hat or similar head wear in the photograph or electronically
10.1produced image. The hat or head wear must be of an appropriate size and type to allow
10.2identification of the holder of the license or card and must not obscure the holder's face.
10.3    Subd. 3. Exception. Subdivisions 1 and 2 do not apply to the commissioner's
10.4requirements pertaining to a photograph or electronically produced image on an enhanced
10.5driver's license or an enhanced identification card.

10.6    Sec. 16. Minnesota Statutes 2010, section 171.11, is amended to read:
10.7171.11 DUPLICATE LICENSE OR VOTER IDENTIFICATION CARD;
10.8CHANGE OF DOMICILE OR NAME.
10.9    Subdivision 1. Duplicate driver's license. When any person, after applying for or
10.10receiving a driver's license, shall change permanent domicile from the address named in
10.11such application or in the license issued to the person, or shall change a name by marriage
10.12or otherwise, such person shall, within 30 days thereafter, apply for a duplicate driver's
10.13license upon a form furnished by the department and pay the required fee. The application
10.14or duplicate license shall show both the licensee's old address and new address or the
10.15former name and new name as the case may be.
10.16    Subd. 2. Duplicate voter identification card. A voter identification cardholder who
10.17changes residence address or name from the address or name stated on the card shall not
10.18present the card for voting purposes, but must apply for a duplicate voter identification card
10.19upon a form furnished by the department. The application for duplicate voter identification
10.20card must show the cardholder's former address and current address, along with length of
10.21residence at the current address, and the former name and current name, as applicable.

10.22    Sec. 17. Minnesota Statutes 2010, section 171.14, is amended to read:
10.23171.14 CANCELLATION.
10.24    (a) The commissioner may cancel any driver's license or voter identification card
10.25upon determination that (1) the licensee or cardholder was not entitled to the issuance of
10.26the license or card, (2) the licensee or cardholder failed to give the required or correct
10.27information in the application, (3) the licensee or cardholder committed any fraud or
10.28deceit in making the application, or (4) the person, at the time of the cancellation, would
10.29not have been entitled to receive a license under section 171.04, or a cardholder under
10.30section 171.07.
10.31    (b) The commissioner shall cancel the driver's license of a person described in
10.32paragraph (a), clause (3), for 60 days or until the required or correct information has
10.33been provided, whichever is longer.
11.1(c) The commissioner shall cancel the voter identification card of a person described
11.2in paragraph (a) until the person completes the application process under section 171.06,
11.3and complies in all respects with the requirements of the commissioner.
11.4(d) The commissioner shall immediately notify the holder of a voter identification
11.5card of a cancellation of the card. Notification must be by mail, addressed to the
11.6cardholder's last known address, with postage prepaid.

11.7    Sec. 18. [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.
11.8The following are sufficient proof of identity and residence for purposes of election
11.9day voter registration under section 201.061, subdivision 3, and for determining whether
11.10to count a provisional ballot under section 204C.135, subdivision 2:
11.11(1) a current driver's license, state identification card, or voter identification card
11.12issued to the voter by the Department of Public Safety that contains the voter's current
11.13address of residence in the precinct;
11.14(2) an identification card issued to the voter by the tribal government of a tribe
11.15recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the
11.16voter's current address of residence in the precinct, and any other items of data required to
11.17be contained on a Minnesota identification card, as provided in section 171.07, subdivision
11.183, paragraphs (a) and (b);
11.19(3) an original receipt for a new, renewed, or updated driver's license, state
11.20identification card, or voter identification card issued to the voter under section 171.07
11.21that contains the voter's current address of residence in the precinct along with one of the
11.22following documents, provided that it contains a photograph of the voter:
11.23(i) a driver's license, identification card, or voter identification card that is expired or
11.24does not contain the voter's current address of residence, issued to the voter by the state of
11.25Minnesota or any other state or territory of the United States;
11.26(ii) a United States passport, issued to the voter;
11.27(iii) an identification card issued by a branch, department, agency, entity, or
11.28subdivision of Minnesota or the federal government;
11.29(iv) an identification card issued by an accredited postsecondary institution with
11.30a campus located within Minnesota, if a list of students from that institution has been
11.31prepared under section 135A.17 and certified to the county auditor in the manner provided
11.32in rules of the secretary of state; or
11.33(v) an identification card issued to the voter by the tribal government of a tribe
11.34recognized by the Bureau of Indian Affairs;
12.1(4) if the voter is a student, a driver's license or identification card issued by
12.2Minnesota or any other state or territory of the United States that does not contain
12.3the voter's current address of residence, along with a current student fee statement that
12.4contains the student's valid address of residence in the precinct; or
12.5(5) if the voter resides in a shelter facility designated for battered women, as defined
12.6in section 611A.37, subdivision 4, a driver's license or identification card issued to the
12.7voter by the Department of Public Safety that contains the voter's photograph and address
12.8of residence prior to seeking the services of the shelter facility, along with a certification
12.9of residence in the facility, signed by the facility's administrator on a form prescribed
12.10by the secretary of state.

12.11    Sec. 19. [201.017] STATE-SUBSIDIZED VOTER IDENTIFICATION CARD
12.12ACCOUNT.
12.13A state-subsidized voter identification card account is established in the special
12.14revenue fund. Money in the account is appropriated to the Department of Public Safety for
12.15purposes of providing state-subsidized voter identification cards to individuals qualifying
12.16under section 171.07, subdivision 3b, provided that the department may not be reimbursed
12.17more than the actual cost of providing voter identification cards, not to exceed $9.85 for
12.18each card issued. A report of the total expenditures by county must be submitted to the
12.19members of the house and senate committees with oversight of elections by January
12.2031 of each year. On June 30 of each odd-numbered year, any balance in the account is
12.21transferred to the general fund.

12.22    Sec. 20. Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:
12.23    Subd. 3. Election day registration. (a) An individual who is eligible to vote may
12.24register on election day by appearing in person at the polling place for the precinct in
12.25which the individual maintains residence, by completing a registration application, making
12.26an oath in the form prescribed by the secretary of state and providing proof of identity and
12.27residence. An individual may prove identity and residence for purposes of registering by:
12.28presenting documentation as permitted by section 200.035.
12.29    (1) presenting a driver's license or Minnesota identification card issued pursuant
12.30to section 171.07;
12.31    (2) presenting any document approved by the secretary of state as proper
12.32identification;
12.33    (3) presenting one of the following:
13.1    (i) a current valid student identification card from a postsecondary educational
13.2institution in Minnesota, if a list of students from that institution has been prepared under
13.3section 135A.17 and certified to the county auditor in the manner provided in rules of
13.4the secretary of state; or
13.5    (ii) a current student fee statement that contains the student's valid address in the
13.6precinct together with a picture identification card; or
13.7    (4) having a voter who is registered to vote in the precinct, or who is an employee
13.8employed by and working in a residential facility in the precinct and vouching for a
13.9resident in the facility, sign an oath in the presence of the election judge vouching that the
13.10voter or employee personally knows that the individual is a resident of the precinct. A
13.11voter who has been vouched for on election day may not sign a proof of residence oath
13.12vouching for any other individual on that election day. A voter who is registered to vote in
13.13the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
13.14does not apply to an employee of a residential facility described in this clause. The
13.15secretary of state shall provide a form for election judges to use in recording the number
13.16of individuals for whom a voter signs proof-of-residence oaths on election day. The
13.17form must include space for the maximum number of individuals for whom a voter may
13.18sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
13.19a statement that the voter is registered to vote in the precinct, personally knows that the
13.20individual is a resident of the precinct, and is making the statement on oath. The form must
13.21include a space for the voter's printed name, signature, telephone number, and address.
13.22    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
13.23attached to the voter registration application.
13.24    (b) The operator of a residential facility shall prepare a list of the names of its
13.25employees currently working in the residential facility and the address of the residential
13.26facility. The operator shall certify the list and provide it to the appropriate county auditor
13.27no less than 20 days before each election for use in election day registration.
13.28    (c) "Residential facility" means transitional housing as defined in section 256E.33,
13.29subdivision 1 ; a supervised living facility licensed by the commissioner of health under
13.30section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
13.315 ; a residence registered with the commissioner of health as a housing with services
13.32establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
13.33the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
13.34licensed by the commissioner of human services to provide a residential program as
13.35defined in section 245A.02, subdivision 14; a residential facility for persons with a
13.36developmental disability licensed by the commissioner of human services under section
14.1252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
14.2for battered women as defined in section 611A.37, subdivision 4; or a supervised
14.3publicly or privately operated shelter or dwelling designed to provide temporary living
14.4accommodations for the homeless.
14.5    (d) For tribal band members, an individual may prove residence for purposes of
14.6registering by:
14.7    (1) presenting an identification card issued by the tribal government of a tribe
14.8recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
14.9contains the name, address, signature, and picture of the individual; or
14.10    (2) presenting an identification card issued by the tribal government of a tribe
14.11recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
14.12contains the name, signature, and picture of the individual and also presenting one of the
14.13documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
14.14    (e) (b) A county, school district, or municipality may must require that an election
14.15judge responsible for election day registration initial sign each completed registration
14.16application.

14.17    Sec. 21. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
14.18    Subd. 3. Procedures for polling place rosters. The secretary of state shall
14.19prescribe the form of polling place rosters that include the voter's name, address, date of
14.20birth, school district number, and space for the voter's signature. The address listed on
14.21the polling place roster must be the voter's address of residence, unless the voter has
14.22requested that the address printed on the roster be the voter's mailing address because
14.23the voter is a judge, or a law enforcement or corrections officer. The secretary of state
14.24may prescribe additional election-related information to be placed on the polling place
14.25rosters on an experimental basis for one state primary and general election cycle; the same
14.26information may not be placed on the polling place roster for a second state primary and
14.27general election cycle unless specified in this subdivision. The polling place roster must
14.28be used to indicate whether the voter has voted in a given election. The secretary of state
14.29shall prescribe procedures for transporting the polling place rosters to the election judges
14.30for use on election day. The secretary of state shall prescribe the form for a county or
14.31municipality to request the date of birth from currently registered voters. The county or
14.32municipality shall not request the date of birth from currently registered voters by any
14.33communication other than the prescribed form and the form must clearly indicate that a
14.34currently registered voter does not lose registration status by failing to provide the date of
15.1birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
15.2polling place rosters used on the date of election for 22 months following the election.

15.3    Sec. 22. Minnesota Statutes 2010, section 204C.10, is amended to read:
15.4204C.10 PERMANENT REGISTRATION; VERIFICATION OF
15.5REGISTRATION.
15.6    Subdivision 1. Polling place roster. (a) An individual seeking to vote shall sign a
15.7polling place roster which states that the individual is at least 18 years of age, a citizen
15.8of the United States, has resided in Minnesota for 20 days immediately preceding the
15.9election, maintains residence at the address shown, is not under a guardianship in which
15.10the court order revokes the individual's right to vote, has not been found by a court of
15.11law to be legally incompetent to vote or has the right to vote because, if the individual
15.12was convicted of a felony, the felony sentence has expired or been completed or the
15.13individual has been discharged from the sentence, is registered and has not already voted
15.14in the election. The roster must also state: "I understand that deliberately providing false
15.15information is a felony punishable by not more than five years imprisonment and a fine of
15.16not more than $10,000, or both."
15.17(b) A judge may, Before the applicant signs the roster, a judge must: (1) require the
15.18voter to present a photo identification document, as described in subdivision 2; and (2)
15.19confirm the applicant's name, address, and date of birth. A voter who cannot produce
15.20sufficient identification as required by subdivision 2 may not sign the polling place roster,
15.21but may cast a provisional ballot, as provided in section 204C.135.
15.22(c) After the applicant signs the roster, the judge shall give the applicant a voter's
15.23receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
15.24of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
15.25voters' receipts must be maintained during the time for notice of filing an election contest
15.26for 36 months following the date of the election.
15.27    Subd. 2. Photo identification. (a) To satisfy the photo identification requirement
15.28in subdivision 1, a voter must present a valid form of one of the following documents
15.29or sets of documents, issued to the voter:
15.30(1) a Minnesota driver's license state identification card, or voter identification card
15.31issued under section 171.07 that contains the voter's current address of residence in the
15.32precinct;
15.33(2)(i) an original receipt for a new, renewed, or updated driver's license, state
15.34identification card, or voter identification card issued to the voter under section 171.07 that
15.35contains the voter's current address of residence in the precinct; and
16.1(ii) a driver's license, identification card, or a voter identification card that is
16.2expired, invalidated, or does not contain the voter's current address of residence in the
16.3precinct, issued to the voter by the state of Minnesota or any other state or territory of
16.4the United States;
16.5(3) an identification card issued by the tribal government of a tribe recognized
16.6by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's
16.7current address of residence in the precinct, and any other items of data required to be
16.8contained on a Minnesota identification card, as provided in section 171.07, subdivision 3,
16.9paragraphs (a) and (b); or
16.10(4) if the voter resides in a shelter facility designated for battered women, as defined
16.11in section 611A.37, subdivision 4, a driver's license or identification card issued to the
16.12voter by the Department of Public Safety that contains the voter's photograph and address
16.13of residence prior to seeking the services of the shelter facility, along with a certification
16.14of residence in the facility, signed by the facility's administrator on a form prescribed
16.15by the secretary of state.
16.16(b) An identification card presented under this section is not deficient for a lack of
16.17the voter's current address of residence in the precinct if the identification card contains the
16.18mailing address of the voter and that matches the address listed on the polling place roster.

16.19    Sec. 23. Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:
16.20    Subd. 3. Determination of residence. In determining the legal residence of a
16.21challenged individual, the election judges shall be governed by the principles contained in
16.22section 200.031. If the challenged individual's answers to the questions show ineligibility
16.23to vote in that precinct, the individual shall not be allowed to vote. If the individual has
16.24marked ballots but not yet deposited them in the ballot boxes before the election judges
16.25determine ineligibility to vote in that precinct, the marked ballots shall be placed unopened
16.26with the spoiled ballots. If the answers to the questions fail to show that the individual is
16.27not eligible to vote in that precinct and the challenge is not withdrawn, the election judges
16.28shall verbally administer the oath on the voter certificate to the individual. After taking the
16.29oath and completing and signing the voter certificate, the challenged individual shall be
16.30allowed to vote permit the voter to cast a provisional ballot, in the manner provided in
16.31section 204C.135.

16.32    Sec. 24. [204C.135] PROVISIONAL BALLOTS.
16.33    Subdivision 1. Casting of provisional ballots. (a) The following voters seeking to
16.34vote are entitled to cast a provisional ballot in the manner provided by this section:
17.1(1) a voter who is unable to provide proper photo identification as required by
17.2section 204C.10;
17.3(2) a voter whose registration status is listed as "challenged" on the polling place
17.4roster; and
17.5(3) a voter whose eligibility to vote is challenged as permitted by section 204C.12.
17.6(b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster
17.7and complete a provisional ballot envelope. The envelope must contain a space for the
17.8voter to list the voter's name, address of residence, date of birth, voter identification
17.9number, and any other information prescribed by the secretary of state. The voter must
17.10also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously
17.11in the same election, and meets the criteria for registering to vote in the precinct in which
17.12the voter appears.
17.13Once the voter has completed the provisional ballot envelope, the voter must be
17.14allowed to cast a provisional ballot. The provisional ballot must be in the same form
17.15as the official ballot available in the precinct on election day. A completed provisional
17.16ballot shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside
17.17the voter's provisional ballot envelope and deposited by the voter in a secure, sealed
17.18provisional ballot box. Completed provisional ballots may not be combined with other
17.19voted ballots in the polling place.
17.20(c) The form of the secrecy and provisional ballot envelopes shall be prescribed by
17.21the secretary of state. The provisional ballot envelope must be a color other than that
17.22provided for absentee ballot envelopes and must be prominently labeled "Provisional
17.23Ballot Envelope."
17.24(d) Provisional ballots and related documentation shall be delivered to and securely
17.25maintained by the county auditor or municipal clerk in the same manner as required for
17.26other election materials under sections 204C.27 to 204C.28.
17.27    Subd. 2. Counting provisional ballots. (a) A voter who casts a provisional ballot in
17.28the polling place may personally appear before the county auditor or municipal clerk no
17.29later than seven calendar days following the election to prove that the voter's provisional
17.30ballot should be counted. The county auditor or municipal clerk must count a provisional
17.31ballot in the final certified results from the precinct if:
17.32(1) the statewide voter registration system indicates that the voter is eligible to vote
17.33or, if challenged, the voter presents evidence of the voter's eligibility to vote; and
17.34(2) the voter presents proof of identity and residence in the precinct in the manner
17.35permitted by section 200.035.
18.1(b) If a voter does not appear before the county auditor or municipal clerk within
18.2seven calendar days following the election or otherwise does not satisfy the requirements
18.3of paragraph (a), or if the data listed on the items of identification presented by the voter
18.4does not match the data submitted by the voter on the provisional ballot envelope, the
18.5voter's provisional ballot must not be counted.
18.6(c) The county auditor or municipal clerk must notify, in writing, any provisional
18.7voter who does not appear within seven calendar days of the election that the voter's
18.8provisional ballot was not counted because of the voter's failure to appear before the
18.9county auditor or municipal clerk within the time permitted by law to determine whether
18.10the provisional ballot should be counted.
18.11    Subd. 3. Provisional ballots; reconciliation. Prior to counting any provisional
18.12ballots in the final vote totals from a precinct, the county auditor must verify that the
18.13number of signatures appearing on the provisional ballot roster from that precinct is equal
18.14to or greater than the number of accepted provisional ballots submitted by voters in
18.15the precinct on election day. Any discrepancy must be resolved before the provisional
18.16ballots from the precinct may be counted. Excess provisional ballots must be randomly
18.17withdrawn in the manner required by section 204C.20, subdivision 2, after the period for a
18.18voter to appear to prove residence and identity has expired and the ballots to be counted
18.19have been separated from the provisional ballot envelopes.

18.20    Sec. 25. Minnesota Statutes 2010, section 204C.32, is amended to read:
18.21204C.32 CANVASS OF STATE PRIMARIES.
18.22    Subdivision 1. County canvass. The county canvassing board shall meet at the
18.23county auditor's office on the third eighth day following the state primary. After taking the
18.24oath of office, the canvassing board shall publicly canvass the election returns delivered
18.25to the county auditor. The board shall complete the canvass on the third eighth day
18.26following the state primary and shall promptly prepare and file with the county auditor
18.27a report that states:
18.28(a) the number of individuals voting at the election in the county, and in each
18.29precinct;
18.30(b) the number of individuals registering to vote on election day and the number of
18.31individuals registered before election day in each precinct;
18.32(c) for each major political party, the names of the candidates running for each
18.33partisan office and the number of votes received by each candidate in the county and in
18.34each precinct;
18.35(d) the names of the candidates of each major political party who are nominated; and
19.1(e) the number of votes received by each of the candidates for nonpartisan office in
19.2each precinct in the county and the names of the candidates nominated for nonpartisan
19.3office.
19.4Upon completion of the canvass, the county auditor shall mail or deliver a notice of
19.5nomination to each nominee for county office voted for only in that county. The county
19.6auditor shall transmit one of the certified copies of the county canvassing board report
19.7for state and federal offices to the secretary of state by express mail or similar service
19.8immediately upon conclusion of the county canvass. The secretary of state shall mail a
19.9notice of nomination to each nominee for state or federal office.
19.10    Subd. 2. State canvass. The State Canvassing Board shall meet at the Secretary of
19.11State's Office seven 14 days after the state primary to canvass the certified copies of the
19.12county canvassing board reports received from the county auditors. Immediately after
19.13the canvassing board declares the results, the secretary of state shall certify the names of
19.14the nominees to the county auditors. The secretary of state shall mail to each nominee
19.15a notice of nomination.

19.16    Sec. 26. Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:
19.17    Subdivision 1. County canvass. The county canvassing board shall meet at the
19.18county auditor's office between the third eighth and tenth 14th days following the state
19.19general election. After taking the oath of office, the board shall promptly and publicly
19.20canvass the general election returns delivered to the county auditor. Upon completion of
19.21the canvass, the board shall promptly prepare and file with the county auditor a report
19.22which states:
19.23(a) the number of individuals voting at the election in the county and in each precinct;
19.24(b) the number of individuals registering to vote on election day and the number of
19.25individuals registered before election day in each precinct;
19.26(c) the names of the candidates for each office and the number of votes received by
19.27each candidate in the county and in each precinct;
19.28(d) the number of votes counted for and against a proposed change of county lines
19.29or county seat; and
19.30(e) the number of votes counted for and against a constitutional amendment or other
19.31question in the county and in each precinct.
19.32The result of write-in votes cast on the general election ballots must be compiled by
19.33the county auditor before the county canvass, except that write-in votes for a candidate for
19.34federal, state, or county office must not be counted unless the candidate has timely filed a
19.35request under section 204B.09, subdivision 3. The county auditor shall arrange for each
20.1municipality to provide an adequate number of election judges to perform this duty or the
20.2county auditor may appoint additional election judges for this purpose. The county auditor
20.3may open the envelopes or containers in which the voted ballots have been sealed in order
20.4to count and record the write-in votes and must reseal the voted ballots at the conclusion
20.5of this process. The county auditor must prepare a separate report of votes received by
20.6precinct for write-in candidates for federal, state, and county offices who have requested
20.7under section 204B.09 that votes for those candidates be tallied.
20.8Upon completion of the canvass, the county canvassing board shall declare the
20.9candidate duly elected who received the highest number of votes for each county and state
20.10office voted for only within the county. The county auditor shall transmit a certified
20.11copy of the county canvassing board report for state and federal offices to the secretary
20.12of state by messenger, express mail, or similar service immediately upon conclusion of
20.13the county canvass.

20.14    Sec. 27. Minnesota Statutes 2010, section 204C.37, is amended to read:
20.15204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
20.16STATE.
20.17A copy of the report required by sections 204C.32, subdivision 1, and 204C.33,
20.18subdivision 1 , shall be certified under the official seal of the county auditor. The copy shall
20.19be enclosed in an envelope addressed to the secretary of state, with the county auditor's
20.20name and official address and the words "Election Returns" endorsed on the envelope.
20.21The copy of the canvassing board report and the precinct summary statements must be
20.22sent by express mail or delivered to the secretary of state. If the copy is not received by
20.23the secretary of state within ten days following the applicable election a primary election,
20.24or within 16 days following a general election, the secretary of state shall immediately
20.25notify the county auditor, who shall deliver another copy to the secretary of state by
20.26special messenger.

20.27    Sec. 28. Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:
20.28    Subd. 5. Results. The municipal primary shall be conducted and the returns made in
20.29the manner provided for the state primary so far as practicable. On the third eighth day
20.30after the primary, the governing body of the municipality shall canvass the returns, and the
20.31two candidates for each office who receive the highest number of votes, or a number of
20.32candidates equal to twice the number of individuals to be elected to the office, who receive
20.33the highest number of votes, shall be the nominees for the office named. Their names shall
21.1be certified to the municipal clerk who shall place them on the municipal general election
21.2ballot without partisan designation and without payment of an additional fee.

21.3    Sec. 29. Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:
21.4    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a)
21.5Between the third eighth and tenth 14th days after an election, the governing body of a
21.6city conducting any election including a special municipal election, or the governing body
21.7of a town conducting the general election in November shall act as the canvassing board,
21.8canvass the returns, and declare the results of the election. The governing body of a town
21.9conducting the general election in March shall act as the canvassing board, canvass the
21.10returns, and declare the results of the election within two ten days after an election.
21.11(b) After the time for contesting elections has passed, the municipal clerk shall issue a
21.12certificate of election to each successful candidate. In case of a contest, the certificate shall
21.13not be issued until the outcome of the contest has been determined by the proper court.
21.14(c) In case of a tie vote, the canvassing board having jurisdiction over the
21.15municipality shall determine the result by lot. The clerk of the canvassing board shall
21.16certify the results of the election to the county auditor, and the clerk shall be the final
21.17custodian of the ballots and the returns of the election.

21.18    Sec. 30. Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:
21.19    Subd. 4. Results. The school district primary must be conducted and the returns
21.20made in the manner provided for the state primary as far as practicable. On the third eighth
21.21day after the primary, the school board of the school district shall canvass the returns,
21.22and the two candidates for each specified school board position who receive the highest
21.23number of votes, or a number of candidates equal to twice the number of individuals to be
21.24elected to at-large school board positions who receive the highest number of votes, are
21.25the nominees for the office named. Their names must be certified to the school district
21.26clerk who shall place them on the school district general election ballot without partisan
21.27designation and without payment of an additional fee.

21.28    Sec. 31. Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:
21.29    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Between
21.30the third eighth and tenth 14th days after a school district election other than a recount of a
21.31special election conducted under section 126C.17, subdivision 9, or 475.59, the school
21.32board shall canvass the returns and declare the results of the election. After the time for
21.33contesting elections has passed, the school district clerk shall issue a certificate of election
22.1to each successful candidate. If there is a contest, the certificate of election to that office
22.2must not be issued until the outcome of the contest has been determined by the proper
22.3court. If there is a tie vote, the school board shall determine the result by lot. The clerk
22.4shall deliver the certificate of election to the successful candidate by personal service or
22.5certified mail. The successful candidate shall file an acceptance and oath of office in
22.6writing with the clerk within 30 days of the date of mailing or personal service. A person
22.7who fails to qualify prior to the time specified shall be deemed to have refused to serve,
22.8but that filing may be made at any time before action to fill the vacancy has been taken.
22.9The school district clerk shall certify the results of the election to the county auditor, and
22.10the clerk shall be the final custodian of the ballots and the returns of the election.
22.11A school district canvassing board shall perform the duties of the school board
22.12according to the requirements of this subdivision for a recount of a special election
22.13conducted under section 126C.17, subdivision 9, or 475.59.

22.14    Sec. 32. PUBLIC EDUCATION CAMPAIGN.
22.15The commissioner of administration shall contract for the production and
22.16implementation of a statewide public educational campaign related to the voter
22.17identification requirements of this article. The campaign must inform voters of the
22.18requirements for identification when voting, methods of securing sufficient identification,
22.19including securing a free voter identification card if necessary, and the process for
22.20provisional balloting for voters unable to meet the identification requirements on election
22.21day. The secretary of state may consult with the vendor in coordinating material related
22.22to the campaign, but the secretary, the secretary's staff, and any other documents or
22.23materials promoting the office of the secretary of state may not appear visually or audibly
22.24in any advertising or promotional items disseminated by the vendor as part of the public
22.25education campaign.
22.26$100,000 is appropriated in fiscal year 2012 and $2,200,000 is appropriated in fiscal
22.27year 2013 from the general fund to the commissioner of administration for purposes of
22.28implementing this section. These are onetime appropriations.
22.29EFFECTIVE DATE.This section is effective the day following final enactment.

22.30    Sec. 33. APPROPRIATION.
22.31(a) $709,000 is appropriated in fiscal year 2013 from the general fund to the
22.32commissioner of management and budget for transfer to the state-subsidized identification
22.33card account for purposes of providing state-subsidized identification cards to individuals
23.1qualifying under Minnesota Statutes, section 171.07, subdivision 3b. The base for this
23.2appropriation is $215,000 in fiscal year 2014 and each year after.
23.3(b) $880,000 is appropriated in fiscal year 2012 to the secretary of state from the
23.4Help America Vote Act account and $110,000 is appropriated in fiscal year 2012 to the
23.5secretary of state from the general fund for purposes of implementing the requirements of
23.6this act. This appropriation is available until June 30, 2013.

23.7    Sec. 34. EFFECTIVE DATE.
23.8Except where otherwise provided, this article is effective June 1, 2012, and applies
23.9to elections held on or after that date.

23.10ARTICLE 2

23.11ELECTION ADMINISTRATION AND INTEGRITY

23.12    Section 1. Minnesota Statutes 2010, section 135A.17, subdivision 2, is amended to
23.13read:
23.14    Subd. 2. Residential housing list. All postsecondary institutions that enroll students
23.15accepting state or federal financial aid may prepare a current list of students enrolled in the
23.16institution and residing in the institution's housing or within ten miles of the institution's
23.17campus. The list shall include each student's current address. The list shall be certified and
23.18sent to the appropriate county auditor or auditors, in an electronic format approved by the
23.19secretary of state, for use in election day registration as provided under section 201.061,
23.20subdivision 3 . A residential housing list provided under this subdivision may not be used
23.21or disseminated by a county auditor or the secretary of state for any other purpose.

23.22    Sec. 2. Minnesota Statutes 2010, section 201.021, is amended to read:
23.23201.021 PERMANENT REGISTRATION SYSTEM.
23.24A permanent system of voter registration by county is established, with a single,
23.25official, centralized, interactive computerized statewide voter registration list defined,
23.26maintained, and administered at the state level that contains the name and registration
23.27information of every legally registered voter in the state, and assigns a unique identifier
23.28to each legally registered voter in the state. The unique identifier shall be permanently
23.29assigned to the voter and may not be changed or reassigned to another voter. The
23.30interactive computerized statewide voter registration list constitutes the official list of every
23.31legally registered voter in the state. The county auditor shall be chief registrar of voters
24.1and the chief custodian of the official registration records in each county. The secretary of
24.2state is responsible for defining, maintaining, and administering the centralized system.

24.3    Sec. 3. Minnesota Statutes 2010, section 201.022, subdivision 1, is amended to read:
24.4    Subdivision 1. Establishment. The secretary of state shall maintain a statewide
24.5voter registration system to facilitate voter registration and to provide a central database
24.6containing voter registration information from around the state. The system must be
24.7accessible to the county auditor of each county in the state. The system must also:
24.8(1) provide for voters to submit their voter registration applications to any county
24.9auditor, the secretary of state, or the Department of Public Safety;
24.10(2) provide for the definition, establishment, and maintenance of a central database
24.11for all voter registration information;
24.12(3) provide for entering data into the statewide registration system;
24.13(4) provide for electronic transfer of completed voter registration applications from
24.14the Department of Public Safety to the secretary of state or the county auditor;
24.15(5) assign a unique, permanent identifier to each legally registered voter in the state;
24.16(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
24.17state identification number, and last four digits of the Social Security number for each
24.18voter record;
24.19(7) coordinate with other agency databases within the state;
24.20(8) allow county auditors and the secretary of state to add or modify information in
24.21the system to provide for accurate and up-to-date records;
24.22(9) allow county auditors, municipal and school district clerks, and the secretary
24.23of state to have electronic access to the statewide registration system for review and
24.24search capabilities;
24.25(10) provide security and protection of all information in the statewide registration
24.26system and ensure that unauthorized access is not allowed;
24.27(11) provide access to municipal clerks to use the system;
24.28(12) provide a system for each county to identify the precinct to which a voter
24.29should be assigned for voting purposes;
24.30(13) provide daily reports accessible by county auditors on the driver's license
24.31numbers, state identification numbers, or last four digits of the Social Security numbers
24.32submitted on voter registration applications that have been verified as accurate by the
24.33secretary of state; and
24.34(14) provide reports on the number of absentee ballots transmitted to and returned
24.35and cast by voters under section 203B.16; and
25.1(15) provide reports on individuals who are not registered and believed to be
25.2ineligible to vote, to the extent permitted by federal law.
25.3The appropriate state or local official shall provide security measures to prevent
25.4unauthorized access to the computerized list established under section 201.021.

25.5    Sec. 4. Minnesota Statutes 2010, section 201.061, subdivision 4, is amended to read:
25.6    Subd. 4. Registration by election judges; procedures. Registration at the polling
25.7place on election day shall be conducted by the election judges. Before registering an
25.8individual to vote at the polling place, the election judge must review any list of absentee
25.9election day registrants provided by the county auditor or municipal clerk to see if the
25.10person has already voted by absentee ballot. If the person's name appears on the list, the
25.11election judge must not allow the individual to register or to vote in the polling place. The
25.12election judges shall also review the list of individuals believed to be ineligible to vote
25.13using the electronic roster, or a paper list provided by the county auditor or municipal clerk.
25.14The election judge who registers an individual at the polling place on election day shall not
25.15handle that voter's ballots at any time prior to the opening of the ballot box after the voting
25.16ends. Registration applications and forms for oaths shall be available at each polling place.
25.17If an individual who registers on election day proves residence by oath of a registered
25.18voter, the form containing the oath shall be attached to the individual's registration
25.19application. Registration applications completed on election day shall be forwarded to the
25.20county auditor who shall add the name of each voter to the registration system unless the
25.21information forwarded is substantially deficient. A county auditor who finds an election
25.22day registration substantially deficient shall give written notice to the individual whose
25.23registration is found deficient. An election day registration shall not be found deficient
25.24solely because the individual who provided proof of residence was ineligible to do so.

25.25    Sec. 5. Minnesota Statutes 2010, section 201.061, subdivision 7, is amended to read:
25.26    Subd. 7. Record of attempted registrations. The election judge responsible for
25.27election day registration shall attempt to keep a record of the number of individuals who
25.28attempt to register on election day but who cannot provide proof of residence as required
25.29by this section. The record shall be forwarded to the county auditor with the election
25.30returns for that precinct.

25.31    Sec. 6. Minnesota Statutes 2010, section 201.071, subdivision 3, is amended to read:
25.32    Subd. 3. Deficient registration. No voter registration application is deficient if it
25.33contains the voter's name, address, date of birth, current and valid Minnesota driver's
26.1license number or Minnesota state identification number, or if the voter has no current and
26.2valid Minnesota driver's license or Minnesota state identification number, the last four
26.3digits of the voter's Social Security number, if the voter has been issued a Social Security
26.4number, prior registration, if any, and signature. The absence of a zip code number does
26.5not cause the registration to be deficient. Failure to check a box on an application form
26.6that a voter has certified to be true does not cause the registration to be deficient. The
26.7election judges shall request an individual to correct a voter registration application if it is
26.8deficient or illegible. No eligible voter may be prevented from voting unless the voter's
26.9registration application is deficient or the voter is duly and successfully challenged in
26.10accordance with section 201.195 or 204C.12.
26.11    A voter registration application accepted prior to August 1, 1983, is not deficient for
26.12lack of date of birth. The county or municipality may shall attempt to obtain the date of
26.13birth for a voter registration application accepted prior to August 1, 1983, by a request to
26.14the voter at any time except at the polling place. Failure by the voter to comply with this
26.15request does not make the registration deficient.
26.16    A voter registration application accepted before January 1, 2004, is not deficient for
26.17lack of a valid Minnesota driver's license or state identification number, voter identification
26.18card number, or the last four digits of a Social Security number. A voter registration
26.19application submitted by a voter who does not have a Minnesota driver's license or state
26.20identification number, voter identification card number, or a Social Security number, is not
26.21deficient for lack of any of these numbers.

26.22    Sec. 7. Minnesota Statutes 2010, section 201.081, is amended to read:
26.23201.081 REGISTRATION FILES.
26.24    The statewide registration system is the official record of registered voters. The voter
26.25registration applications and the terminal providing access to the statewide registration
26.26system must be under the control of the county auditor or the public official to whom the
26.27county auditor has delegated the responsibility for maintaining voter registration records.
26.28The voter registration applications and terminals providing access to the statewide
26.29registration system must not be removed from the control of the county auditor except
26.30as provided in this section. The county auditor may make photographic copies of voter
26.31registration applications in the manner provided by section 138.17.
26.32    A properly completed voter registration application that has been submitted to the
26.33secretary of state or a county auditor must be maintained by the secretary of state or
26.34the county auditor for at least 22 36 months after the date that the information on the
26.35application is entered into the database of the statewide registration system. The secretary
27.1of state or the county auditor may dispose of the applications after retention for 22 36
27.2months in the manner provided by section 138.17.

27.3    Sec. 8. Minnesota Statutes 2010, section 201.121, subdivision 1, is amended to read:
27.4    Subdivision 1. Entry of registration information. (a) At the time a voter
27.5registration application is properly completed, submitted, and received in accordance with
27.6sections 201.061 and 201.071, the county auditor shall enter the information contained on
27.7it into the statewide registration system. Voter registration applications completed before
27.8election day must be entered into the statewide registration system within ten days after
27.9they have been submitted to the county auditor. Voter registration applications completed
27.10on election day must be entered into the statewide registration system within 42 days after
27.11the election, unless the county auditor notifies the secretary of state before the 42-day
27.12deadline has expired that the deadline will not be met.
27.13(b) Upon receiving a completed voter registration application, the secretary of state
27.14may electronically transmit the information on the application to the appropriate county
27.15auditor as soon as possible for review by the county auditor before final entry into the
27.16statewide registration system. The secretary of state may mail the voter registration
27.17application to the county auditor.
27.18(c) Within ten days after the county auditor has entered information from a voter
27.19registration application into the statewide registration system, the secretary of state shall
27.20compare the voter's name, date of birth, and driver's license number, state identification
27.21number, voter identification card number, or the last four digits of the Social Security
27.22number with the same information contained in the Department of Public Safety database.
27.23(d) The secretary of state shall provide a report to the county auditor on a weekly
27.24basis that includes a list of voters whose name, date of birth, or identification number have
27.25been compared with the same information in the Department of Public Safety database
27.26and cannot be verified as provided in this subdivision. The report must list separately
27.27those voters who have submitted a voter registration application by mail and have not
27.28voted in a federal election in this state.
27.29(e) The county auditor shall compile a list of voters for whom the county auditor
27.30and the secretary of state are unable to conclude that information on the voter registration
27.31application and the corresponding information in the Department of Public Safety database
27.32relate to the same person.
27.33(f) The county auditor shall send a notice of incomplete registration to any voter
27.34whose name appears on the list and change the voter's status to "incomplete." A voter who
27.35receives a notice of incomplete registration from the county auditor may either provide
28.1the information required to complete the registration at least 21 days before the next
28.2election or at the polling place on election day.

28.3    Sec. 9. Minnesota Statutes 2010, section 201.121, subdivision 3, is amended to read:
28.4    Subd. 3. Postelection sampling. Within ten days after an election, the county
28.5auditor shall send the notice required by subdivision 2 to a random sampling of the
28.6individuals registered on election day. The random sampling shall be determined in
28.7accordance with the rules of the secretary of state. As soon as practicable after the
28.8election, but no later than January 1 of the following year, the county auditor shall mail
28.9the notice required by subdivision 2 to all other individuals registered on election day.
28.10If a notice is returned as not deliverable, the county auditor shall attempt to determine
28.11the reason for the return. A county auditor who does not receive or obtain satisfactory
28.12proof of an individual's eligibility to vote shall immediately notify the county attorney of
28.13all of the relevant information and the secretary of state of the numbers by precinct. By
28.14March 1 of every odd-numbered year, the secretary of state shall report to the chair and
28.15ranking minority members of the legislative committees with jurisdiction over elections
28.16the number of notices reported under this subdivision to the secretary of state for the
28.17previous state general election by county and precinct.

28.18    Sec. 10. Minnesota Statutes 2010, section 201.171, is amended to read:
28.19201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
28.20REGISTRATION REMOVED.
28.21    Within six weeks after every election, the county auditor shall post the voting
28.22history for every person who voted in the election. After the close of the calendar year, the
28.23secretary of state shall determine if any registrants have not voted during the preceding
28.24four years. The secretary of state shall perform list maintenance by changing the status of
28.25those registrants to "inactive" in the statewide registration system. The list maintenance
28.26performed must be conducted in a manner that ensures that the name of each registered
28.27voter appears in the official list of eligible voters in the statewide registration system.
28.28A voter must not be removed from the official list of eligible voters unless the voter is
28.29not eligible or is not registered to vote. List maintenance must include procedures for
28.30eliminating duplicate names from the official list of eligible voters.
28.31    The secretary of state shall also prepare a report to the county auditor containing the
28.32names of all registrants whose status was changed to "inactive."
29.1    Registrants whose status was changed to "inactive" must register in the manner
29.2specified in section 201.054 before voting in any primary, special primary, general, school
29.3district, or special election, as required by section 201.018.
29.4    Although not counted in an election, a late or rejected absentee or mail ballot must
29.5be considered a vote for the purpose of continuing registration under this section, but is
29.6not considered voting history for the purpose of public information lists available under
29.7section 201.091, subdivision 4.

29.8    Sec. 11. [201.197] CHALLENGED ELIGIBILITY LIST.
29.9(a) The secretary of state shall maintain an electronic database of individuals not
29.10registered and who are believed to be ineligible to vote under section 201.014, subdivision
29.112. The database may be maintained as a module of the statewide voter registration system,
29.12if permitted by federal law, or maintained as a separate database, and at a minimum must
29.13include an individual's name, address of residence, date of birth, the reason the individual
29.14is believed to be ineligible to vote and, if available, the individual's driver's license or
29.15state identification card number, or the last four digits of the individual's Social Security
29.16number. Entries in the database shall be compiled using data submitted to the secretary of
29.17state under this chapter.
29.18(b) An elections official processing a voter registration application must verify
29.19whether the individual listed on the application is included in the database of individuals
29.20known to be ineligible to vote. If the individual is listed in the database, the voter
29.21registration application may be accepted, but the voter's status must be listed as
29.22"challenged." An election judge processing a voter registration application submitted by a
29.23voter in a polling place on election day must verify the application using the electronic
29.24roster, or if the polling place does not have an electronic roster, using a paper list provided
29.25by the county auditor. A paper list used for verification in a polling place may be limited to
29.26only those individuals known to be residents of the county in which the precinct is located.

29.27    Sec. 12. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
29.28    Subd. 3. Procedures for polling place rosters. The secretary of state shall
29.29prescribe the form of polling place rosters that include the voter's name, address, date of
29.30birth, school district number, and space for the voter's signature. The secretary of state
29.31may prescribe additional election-related information to be placed on the polling place
29.32rosters on an experimental basis for one state primary and general election cycle; the same
29.33information may not be placed on the polling place roster for a second state primary and
29.34general election cycle unless specified in this subdivision. The polling place roster must
30.1be used to indicate whether the voter has voted in a given election. The secretary of state
30.2shall prescribe procedures for transporting the polling place rosters to the election judges
30.3for use on election day. The secretary of state shall prescribe the form for a county or
30.4municipality to request the date of birth from currently registered voters. The county or
30.5municipality shall not request the date of birth from currently registered voters by any
30.6communication other than the prescribed form and the form must clearly indicate that a
30.7currently registered voter does not lose registration status by failing to provide the date of
30.8birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
30.9polling place rosters used on the date of election for 22 36 months following the election.

30.10    Sec. 13. Minnesota Statutes 2010, section 203B.04, subdivision 1, is amended to read:
30.11    Subdivision 1. Application procedures. (a) Except as otherwise allowed by
30.12subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for
30.13any election may be submitted at any time not less than one day before the day of that
30.14election. The county auditor shall prepare absentee ballot application forms in the format
30.15provided by the secretary of state and shall furnish them to any person on request. By
30.16January 1 of each even-numbered year, the secretary of state shall make the forms to be
30.17used available to auditors through electronic means. An application submitted pursuant to
30.18this subdivision shall be in writing and shall be submitted to:
30.19    (1) the county auditor of the county where the applicant maintains residence; or
30.20    (2) the municipal clerk of the municipality, or school district if applicable, where
30.21the applicant maintains residence.
30.22    (b) An application shall be approved if it is timely received, signed and dated by the
30.23applicant, and contains:
30.24(1) the applicant's name and residence and mailing addresses,;
30.25(2) the applicant's date of birth, and at least one of the following:;
30.26(3) the applicant's Minnesota driver's license number, Minnesota state identification
30.27card number, or Minnesota voter identification card number; and
30.28(4) the last four digits of the applicant's Social Security number or a statement that
30.29the applicant does not have a Social Security number.
30.30(1) the applicant's Minnesota driver's license number;
30.31(2) Minnesota state identification card number;
30.32(3) the last four digits of the applicant's Social Security number; or
30.33(4) a statement that the applicant does not have any of these numbers.
30.34To be approved, the application must state that the applicant is eligible to vote by
30.35absentee ballot for one of the reasons specified in section 203B.02, and must contain an
31.1oath that the information contained on the form is accurate, that the applicant is applying
31.2on the applicant's own behalf, and that the applicant is signing the form under penalty
31.3of perjury.
31.4Prior to approval, the county auditor or municipal clerk must verify that the
31.5Minnesota driver's license, state identification card number, or voter identification card
31.6number submitted by an applicant is valid and assigned to that applicant. An application
31.7that contains a driver's license or identification card number that is invalid or not assigned
31.8to the applicant must be rejected. The county auditor or municipal clerk must also verify
31.9that the applicant does not appear on any lists of known ineligible voters maintained by
31.10the county auditor or municipal clerk, or provided to the county auditor or municipal clerk
31.11by the secretary of state. When verifying eligibility, the county auditor or municipal
31.12clerk must use the same standards and process as used for individuals appearing in the
31.13polling place on election day, except that an applicant is not required to appear in person
31.14or present photo identification meeting the standards of section 204C.10, subdivision 2.
31.15(c) An applicant's full date of birth, Minnesota driver's license or, state identification,
31.16or voter identification card number, and the last four digits of the applicant's Social
31.17Security number must not be made available for public inspection. An application may be
31.18submitted to the county auditor or municipal clerk by an electronic facsimile device. An
31.19application mailed or returned in person to the county auditor or municipal clerk on behalf
31.20of a voter by a person other than the voter must be deposited in the mail or returned in
31.21person to the county auditor or municipal clerk within ten days after it has been dated by
31.22the voter and no later than six days before the election. The absentee ballot applications
31.23or a list of persons applying for an absentee ballot may not be made available for public
31.24inspection until the close of voting on election day.
31.25    An application under this subdivision may contain an application under subdivision
31.265 to automatically receive an absentee ballot application.

31.27    Sec. 14. Minnesota Statutes 2010, section 203B.04, subdivision 2, is amended to read:
31.28    Subd. 2. Health care patient. An eligible voter who on the day before an election
31.29becomes a resident or patient in a health care facility or hospital located in the municipality
31.30in which the eligible voter maintains residence may apply for absentee ballots on election
31.31day if the voter:
31.32(a) requests an application form by telephone from the municipal clerk not later than
31.335:00 p.m. on the day before election day; or
31.34(b) submits an absentee ballot application to the election judges engaged in
31.35delivering absentee ballots pursuant to section 203B.11.

32.1    Sec. 15. Minnesota Statutes 2010, section 203B.06, subdivision 5, is amended to read:
32.2    Subd. 5. Preservation of records. An application for absentee ballots shall be
32.3dated by the county auditor or municipal clerk when it is received and shall be initialed
32.4when absentee ballots are mailed or delivered to the applicant. All applications shall be
32.5preserved by the county auditor or municipal clerk for 22 36 months.

32.6    Sec. 16. Minnesota Statutes 2010, section 203B.121, subdivision 1, is amended to read:
32.7    Subdivision 1. Establishment; applicable laws. (a) The governing body of each
32.8county, municipality, and school district with responsibility to accept and reject absentee
32.9ballots must, by ordinance or resolution, establish a ballot board. The board must consist
32.10of a sufficient number of election judges trained in the handling of absentee ballots and
32.11appointed as provided in sections 204B.19 to 204B.22. The board may include staff
32.12trained as election judges.
32.13(b) Each jurisdiction must pay a reasonable compensation to each member of that
32.14jurisdiction's ballot board for services rendered during an election.
32.15(c) A ballot board may only meet to perform its duties under this chapter during the
32.16period in which completed absentee ballots are accepted for an election. The time and
32.17place of each meeting must be scheduled, announced, and posted on the Web site of the
32.18governing body of the county, municipality, or school district at least 14 days prior to
32.19convening the first meeting of the ballot board for an election. If the governing body of
32.20the county, municipality, or school district does not have a Web site, the time and place
32.21of each meeting must be posted, in writing, on the principle bulletin board of the body.
32.22Meetings of the ballot board must be convened at the same time and in the same location.
32.23The ballot board must also meet on any day during which the county or municipal offices
32.24are open for the purposes of conducting election business prior to an election. A ballot
32.25board may not meet except during regularly scheduled meetings announced and posted as
32.26required by this paragraph.
32.27(d) Except as otherwise provided by this section, all provisions of the Minnesota
32.28Election Law apply to a ballot board.

32.29    Sec. 17. Minnesota Statutes 2010, section 204B.40, is amended to read:
32.30204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
32.31DISPOSITION; INSPECTION OF BALLOTS.
32.32The county auditors, municipal clerks, and school district clerks shall retain all
32.33election materials returned to them after any election for at least 22 36 months from
32.34the date of that election. All election materials involved in a contested election must be
33.1retained for 22 36 months or until the contest has been finally determined, whichever is
33.2later. Abstracts filed by canvassing boards shall be retained permanently by any officer
33.3with whom those abstracts are filed. Election materials no longer required to be retained
33.4pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21.
33.5Sealed envelopes containing voted ballots must be retained unopened, except as provided
33.6in this section, in a secure location. The county auditor, municipal clerk, or school district
33.7clerk shall not permit any voted ballots to be tampered with or defaced.
33.8After the time for filing a notice of contest for an election has passed, the secretary
33.9of state may, for the purpose of monitoring and evaluating election procedures: (1)
33.10open the sealed ballot envelopes and inspect the ballots for that election maintained by
33.11the county auditors, municipal clerks, or school district clerks; (2) inspect the polling
33.12place rosters and completed voter registration applications; or (3) examine other forms
33.13required in the Minnesota election laws for use in the polling place. No inspected ballot or
33.14document may be marked or identified in any manner. After inspection, all ballots must be
33.15returned to the ballot envelope and the ballot envelope must be securely resealed. Any
33.16other election materials inspected or examined must be secured or resealed. No polling
33.17place roster may be inspected until the voting history for that precinct has been posted.
33.18No voter registration application may be inspected until the information on it has been
33.19entered into the statewide registration system.

33.20    Sec. 18. Minnesota Statutes 2010, section 204C.20, subdivision 1, is amended to read:
33.21    Subdivision 1. Determination of proper number. The election judges shall
33.22determine the number of ballots to be counted by adding the number of return envelopes
33.23from accepted absentee ballots to the number of signed voter's certificates, or to the
33.24number of names entered in the election register counting the number of original voter
33.25signatures contained in the polling place roster, or on voter's receipts generated from an
33.26electronic roster. The election judges may not count the number of voter receipts collected
33.27in the precinct as a substitute for counting original voter signatures unless the voter
33.28receipts contain the name, voter identification number, and signature of the voter to whom
33.29the receipt was issued. The election judges shall then remove all the ballots from the box.
33.30Without considering how the ballots are marked, the election judges shall ascertain that
33.31each ballot is separate and shall count them to determine whether the number of ballots in
33.32the box corresponds with the number of ballots to be counted.

33.33    Sec. 19. Minnesota Statutes 2010, section 204C.20, subdivision 2, is amended to read:
34.1    Subd. 2. Excess ballots. If two or more ballots are found folded together like
34.2a single ballot, the election judges shall lay them aside until all the ballots in the box
34.3have been counted. If it is evident from the number of ballots to be counted that the
34.4ballots folded together were cast by one voter, the election judges shall preserve but not
34.5count them. If the number of ballots in one box exceeds the number to be counted, the
34.6election judges shall examine all the ballots in the box to ascertain that all are properly
34.7marked with the initials of the election judges. If any ballots are not properly marked with
34.8the initials of the election judges, the election judges shall preserve but not count them;
34.9however, if the number of ballots does not exceed the number to be counted, the absence
34.10of either or both sets of initials of the election judges does not, by itself, disqualify the
34.11vote from being counted and must not but may be the basis of a challenge in a recount.
34.12If there is still an excess of properly marked ballots, the election judges shall replace
34.13them in the box, and one election judge, without looking, shall withdraw from the box
34.14a number of ballots equal to the excess. The withdrawn ballots shall not be counted but
34.15shall be preserved as provided in subdivision 4.

34.16    Sec. 20. Minnesota Statutes 2010, section 204C.20, subdivision 4, is amended to read:
34.17    Subd. 4. Ballots not counted; disposition. When the final count of ballots agrees
34.18with the number of ballots to be counted, those ballots not counted shall be clearly marked
34.19"excess" on the front of the ballot and attached to a certificate made by the election judges
34.20which states the number of ballots not counted and why the ballots they were not counted.
34.21The certificate and uncounted ballots shall be sealed in a separate envelope and returned
34.22to clearly marked "excess ballots." The election judges shall sign their names over the
34.23envelope seal and return the ballots to the county auditor or municipal or school district
34.24clerk from whom they were received. Tabulation of vote totals from a precinct where
34.25excess ballots were removed from the ballot box shall be completed by the canvassing
34.26board responsible for certifying the election results from that precinct.

34.27    Sec. 21. Minnesota Statutes 2010, section 204C.20, is amended by adding a
34.28subdivision to read:
34.29    Subd. 5. Applicability. The requirements of this section apply regardless of the
34.30voting system or method of tabulation used in a precinct.

34.31    Sec. 22. Minnesota Statutes 2010, section 204C.23, is amended to read:
34.32204C.23 SPOILED, DEFECTIVE, AND DUPLICATE BALLOTS.
35.1(a) A ballot that is spoiled by a voter must be clearly marked "spoiled" by an election
35.2judge, placed in an envelope designated for spoiled ballots from the precinct, sealed, and
35.3returned as required by section 204C.25.
35.4(b) A ballot that is defective to the extent that the election judges are unable to
35.5determine the voter's intent shall be marked on the back "Defective" if it is totally
35.6defective or "Defective as to ......," naming the office or question if it is defective only in
35.7part. Defective ballots must be placed in an envelope designated for defective ballots from
35.8the precinct, sealed, and returned as required by section 204C.25.
35.9(c) A damaged or defective ballot that requires duplication must be handled as
35.10required by section 206.86, subdivision 5.

35.11    Sec. 23. Minnesota Statutes 2010, section 204C.24, subdivision 1, is amended to read:
35.12    Subdivision 1. Information requirements. Precinct summary statements shall be
35.13submitted by the election judges in every precinct. For all elections, the election judges
35.14shall complete three or more copies of the summary statements, and each copy shall
35.15contain the following information for each kind of ballot:
35.16(a) (1) the number of ballots delivered to the precinct as adjusted by the actual count
35.17made by the election judges, the number of unofficial ballots made, and the number of
35.18absentee ballots delivered to the precinct;
35.19(b) (2) the number of votes each candidate received or the number of yes and no
35.20votes on each question, the number of undervotes, the number of overvotes, and the
35.21number of defective ballots with respect to each office or question;
35.22(c) (3) the number of spoiled ballots, the number of duplicate ballots made, the
35.23number of absentee ballots rejected, and the number of unused ballots, presuming that the
35.24total count provided on each package of unopened prepackaged ballots is correct;
35.25(4) the number of ballots cast;
35.26(d) (5) the number of individuals who voted at the election in the precinct voter
35.27signatures contained on the polling place roster or on voter receipts generated by an
35.28electronic roster, which must equal the total number of ballots cast in the precinct, as
35.29required by sections 204C.20 and 206.86, subdivision 1;
35.30(6) the number of excess ballots removed by the election judges, as required by
35.31section 204C.20;
35.32(e) (7) the number of voters registering on election day in that precinct; and
35.33(f) (8) the signatures of the election judges who counted the ballots certifying that
35.34all of the ballots cast were properly piled, checked, and counted; and that the numbers
36.1entered by the election judges on the summary statements correctly show the number of
36.2votes cast for each candidate and for and against each question.
36.3At least two copies of the summary statement must be prepared for elections not
36.4held on the same day as the state elections.

36.5    Sec. 24. Minnesota Statutes 2010, section 206.86, subdivision 1, is amended to read:
36.6    Subdivision 1. At the voting location Precinct polling locations; duties;
36.7reconciliation. In precincts where an electronic voting system is used, as soon as the polls
36.8are closed the election judges shall secure the voting systems against further voting. They
36.9shall then open the ballot box and count the number of ballot cards ballots or envelopes
36.10containing ballot cards ballots that have been cast to determine that the number of ballot
36.11cards ballots does not exceed the number of voters shown on original voter signatures
36.12contained in the election register or registration file polling place roster or on voter receipts
36.13generated from an electronic roster. The election judges may not count the number of
36.14voter receipts collected in the precinct as a substitute for counting original voter signatures
36.15unless the voter receipts contain the name, voter identification number, and signature of
36.16the voter to whom the receipt was issued. If there is an excess, the judges shall seal the
36.17ballots in a ballot container and transport the container to the county auditor or municipal
36.18clerk who shall process the ballots in the same manner as paper ballots are processed in
36.19section 204C.20, subdivision 2, then enter the ballots into the ballot counter proceed in the
36.20manner required for excess ballots under section 204C.20, subdivisions 2 to 4. The total
36.21number of voters must be entered on the forms provided. The judges shall next count the
36.22write-in votes and enter the number of those votes on forms provided for the purpose.

36.23    Sec. 25. Minnesota Statutes 2010, section 206.86, subdivision 2, is amended to read:
36.24    Subd. 2. Transportation of ballot cards ballots. The judges shall place all voted
36.25ballot cards, excess ballots, defective ballots, and damaged ballots in the container
36.26provided for transporting them to the counting center. The container must be sealed and
36.27delivered immediately to the counting center by two judges who are not of the same major
36.28political party. The judges shall also deliver to the counting center in a suitable container
36.29the unused ballot cards ballots, the spoiled ballot envelope, and the ballot envelopes issued
36.30to the voters and deposited during the day in the ballot box.

36.31    Sec. 26. Minnesota Statutes 2010, section 209.021, subdivision 1, is amended to read:
36.32    Subdivision 1. Manner; time; contents. Service of a notice of contest must be
36.33made in the same manner as the service of summons in civil actions. The notice of contest
37.1must specify the grounds on which the contest will be made. The contestant shall serve
37.2notice of the contest on the parties enumerated in this section. Notice must be served and
37.3filed within five days after the canvass is completed in the case of a primary or special
37.4primary or within seven days after the canvass is completed in the case of a special or
37.5general election; except that:
37.6(1) if a contest is based on a deliberate, serious, and material violation of the election
37.7laws which was discovered from the statements of receipts and disbursements required
37.8to be filed by candidates and committees, the action may be commenced and the notice
37.9served and filed within ten days after the filing of the statements in the case of a general
37.10or special election or within five days after the filing of the statements in the case of a
37.11primary or special primary.;
37.12(2) if a notice of contest questions only which party received the highest number
37.13of votes legally cast at the election, a contestee who loses may serve and file a notice of
37.14contest on any other ground during the three days following expiration of the time for
37.15appealing the decision on the vote count; and
37.16(3) if data or documents necessary to determine grounds for a contest, including but
37.17not limited to lists of the names of every voter who participated in an election, are not
37.18available to a candidate or the general public prior to the close of the period for filing a
37.19notice of contest under this section due to nonfeasance, malfeasance, or failure to perform
37.20duties within the time required by statute on the part of the secretary of state, a county
37.21auditor, or other state, county, or municipal election official, a notice of contest may be
37.22served and filed within seven days after the data or documents become available for
37.23inspection by the candidates and the general public.

37.24    Sec. 27. Minnesota Statutes 2010, section 209.06, subdivision 1, is amended to read:
37.25    Subdivision 1. Appointment of inspectors. After a contest has been instituted,
37.26either party may have the ballots all materials relating to the election, including, but not
37.27limited to, polling place rosters, voter registration applications, accepted absentee ballot
37.28envelopes, rejected absentee ballot envelopes, applications for absentee ballots, precinct
37.29summary statements, printouts from voting machines, and precinct incident logs, inspected
37.30before preparing for trial. The party requesting an inspection shall file with the district
37.31court where the contest is brought a verified petition, stating that the case cannot properly
37.32be prepared for trial without an inspection of the ballots and other election materials and
37.33designating the precincts in which an inspection is desired. A judge of the court in which
37.34the contest is pending shall then appoint as many sets of three inspectors for a contest of
37.35any office or question as are needed to count and inspect the ballots expeditiously. One
38.1inspector must be selected by each of the parties to the contest and a third must be chosen
38.2by those two inspectors. If either party neglects or refuses to name an inspector, the judge
38.3shall appoint the inspector. The compensation of inspectors is the same as for referees,
38.4unless otherwise stipulated.

38.5    Sec. 28. Minnesota Statutes 2010, section 211B.11, subdivision 1, is amended to read:
38.6    Subdivision 1. Soliciting near polling places. A person may not display campaign
38.7material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
38.8a polling place or within 100 feet of the building in which a polling place is situated,
38.9or anywhere on the public property on which a polling place is situated, on primary or
38.10election day to vote for or refrain from voting for a candidate or ballot question. A person
38.11may not provide political badges, political buttons, or other political insignia to be worn at
38.12or about the polling place on the day of a primary or election. A political badge, political
38.13button, or other political insignia may not be worn at or about the polling place on primary
38.14or election day if it is designed to influence voting for or against a particular candidate,
38.15political party, or question on the ballot at the election. This section applies to areas
38.16established by the county auditor or municipal clerk for absentee voting as provided in
38.17chapter 203B.
38.18The secretary of state, county auditor, municipal clerk, or school district clerk may
38.19provide stickers which contain the words "I VOTED" and nothing more. Election judges
38.20may offer a sticker of this type to each voter who has signed the polling place roster
38.21or a voter's receipt.

38.22    Sec. 29. PROPOSED LEGISLATION.
38.23By January 15, 2012, the secretary of state must report to the legislature proposed
38.24legislation to amend matters currently contained in administrative rules as necessary
38.25to implement or make specific this act. To the greatest extent practical, this proposed
38.26legislation must propose codifying into law matters that otherwise would be enacted
38.27through the administrative rulemaking process.
38.28To the extent that codifying matters into law is not practical, the proposed legislation
38.29must direct, by law, specific changes to be made in administrative rules so that no
38.30interpretation of the law by the secretary of state would be necessary, and use of the good
38.31cause rulemaking exemption in Minnesota Statutes, section 14.388 would be appropriate
38.32if the legislature authorizes use of this process.

38.33    Sec. 30. REPEALER.
39.1Minnesota Statutes 2010, sections 203B.04, subdivision 3, is repealed.

39.2ARTICLE 3

39.3ELECTRONIC ROSTERS

39.4    Section 1. Minnesota Statutes 2010, section 200.02, is amended by adding a
39.5subdivision to read:
39.6    Subd. 12a. Polling place roster. "Polling place roster" means the official lists used
39.7to record a voter's appearance in a polling place on election day, including the list of
39.8registered voters in the precinct, and the list of voters registering on election day. A polling
39.9place roster may be in a printed or electronic format, as permitted by section 201.225.

39.10    Sec. 2. Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:
39.11    Subd. 3. Procedures for polling place rosters. The secretary of state shall
39.12prescribe the form of polling place rosters that include the voter's name, address, date of
39.13birth, school district number, and space for the voter's signature. A polling place roster
39.14provided in an electronic form must allow for a printed voter's receipt that meets the
39.15standards provided in section 201.225, subdivision 2. The secretary of state may prescribe
39.16additional election-related information to be placed on the polling place rosters on an
39.17experimental basis for one state primary and general election cycle; the same information
39.18may not be placed on the polling place roster for a second state primary and general
39.19election cycle unless specified in this subdivision. The polling place roster must be used
39.20to indicate whether the voter has voted in a given election. The secretary of state shall
39.21prescribe procedures for transporting the polling place rosters to the election judges
39.22for use on election day. The secretary of state shall prescribe the form for a county or
39.23municipality to request the date of birth from currently registered voters. The county or
39.24municipality shall not request the date of birth from currently registered voters by any
39.25communication other than the prescribed form and the form must clearly indicate that a
39.26currently registered voter does not lose registration status by failing to provide the date of
39.27birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
39.28polling place rosters used on the date of election for 22 months following the election.

39.29    Sec. 3. [201.225] ELECTRONIC ROSTER; STANDARDS.
39.30    Subdivision 1. Certification of system. (a) A precinct may have a secure network
39.31of two or more computer systems to serve as the precinct's electronic polling place roster.
39.32(b) Precincts may not use an electronic roster until the secretary of state has certified
39.33that the system design and operational procedures are sufficient to prevent any voter from
40.1voting more than once at an election, and to prevent access to the system by unauthorized
40.2individuals.
40.3    Subd. 2. Minimum standards for electronic rosters. At a minimum, an electronic
40.4roster must:
40.5(1) be preloaded with data from the statewide voter registration system, including
40.6data on individuals known to be ineligible to vote;
40.7(2) permit all voting information processed by any computer in a precinct to be
40.8immediately accessible to all other computers in the precinct and to be transferred to the
40.9statewide voter registration system on election night or no later than one week after the
40.10election;
40.11(3) provide for a printed voter's receipt, containing the voter's name, address of
40.12residence, date of birth, voter identification number, the oath required by section 204C.10,
40.13and a space for the voter's original signature;
40.14(4) immediately alert the election judge if the electronic roster indicates that a voter
40.15has already voted at the election, is ineligible to vote, does not reside in the precinct, or
40.16the voter's registration status is challenged;
40.17(5) automatically accept and input data from a scanned Minnesota driver's license or
40.18identification card and match the data to an existing voter registration record, and permit
40.19manual input of voter data, if necessary; and
40.20(6) perform any other functions required for the efficient and secure administration
40.21of an election, as required by law.

40.22    Sec. 4. Minnesota Statutes 2010, section 204B.14, subdivision 2, is amended to read:
40.23    Subd. 2. Separate precincts; combined polling place. (a) The following shall
40.24constitute at least one election precinct:
40.25(1) each city ward; and
40.26(2) each town and each statutory city.
40.27(b) A single, accessible, combined polling place may be established no later than
40.28May 1 of any year:
40.29(1) for any city of the third or fourth class, any town, or any city having territory in
40.30more than one county, in which all the voters of the city or town shall cast their ballots;
40.31(2) for two contiguous precincts in the same municipality that have a combined
40.32total of fewer than 500 registered voters;
40.33(3) for up to four contiguous municipalities located entirely outside the metropolitan
40.34area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
40.35(4) for noncontiguous precincts located in one or more counties.
41.1A copy of the ordinance or resolution establishing a combined polling place must
41.2be filed with the county auditor within 30 days after approval by the governing body. A
41.3polling place combined under clause (3) must be approved by the governing body of each
41.4participating municipality. A polling place combined under clause (4) must be approved
41.5by the governing body of each participating municipality and the secretary of state and
41.6may be located outside any of the noncontiguous precincts. A municipality withdrawing
41.7from participation in a combined polling place must do so by filing a resolution of
41.8withdrawal with the county auditor no later than April 1 of any year.
41.9The secretary of state shall provide a separate polling place roster for each precinct
41.10served by the combined polling place unless that precinct uses an electronic roster. A
41.11single set of election judges may be appointed to serve at a combined polling place. The
41.12number of election judges required must be based on the total number of persons voting
41.13at the last similar election in all precincts to be voting at the combined polling place.
41.14Separate ballot boxes must be provided for the ballots from each precinct. The results of
41.15the election must be reported separately for each precinct served by the combined polling
41.16place, except in a polling place established under clause (2) where one of the precincts has
41.17fewer than ten registered voters, in which case the results of that precinct must be reported
41.18in the manner specified by the secretary of state.

41.19    Sec. 5. Minnesota Statutes 2010, section 204C.10, is amended to read:
41.20204C.10 PERMANENT REGISTRATION; VERIFICATION OF
41.21REGISTRATION.
41.22(a) An individual seeking to vote shall sign a polling place roster or printed voter's
41.23receipt, generated from an electronic roster which states that the individual is at least
41.2418 years of age, a citizen of the United States, has resided in Minnesota for 20 days
41.25immediately preceding the election, maintains residence at the address shown, is not
41.26under a guardianship in which the court order revokes the individual's right to vote, has
41.27not been found by a court of law to be legally incompetent to vote or has the right to vote
41.28because, if the individual was convicted of a felony, the felony sentence has expired or
41.29been completed or the individual has been discharged from the sentence, is registered
41.30and has not already voted in the election. The roster must also state: "I understand that
41.31deliberately providing false information is a felony punishable by not more than five years
41.32imprisonment and a fine of not more than $10,000, or both."
41.33(b) A judge may, before the applicant signs the roster or receipt, confirm the
41.34applicant's name, address, and date of birth.
42.1(c) In precincts where a paper roster is used, after the applicant signs the roster, the
42.2judge shall give the applicant a voter's receipt. Regardless of the form of roster used, a
42.3voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the
42.4voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters'
42.5receipts must be maintained during the time for notice of filing an election contest for 36
42.6months following the date of the election.

42.7    Sec. 6. Minnesota Statutes 2010, section 204C.12, subdivision 4, is amended to read:
42.8    Subd. 4. Refusal to answer questions or sign a polling place roster. A challenged
42.9individual who refuses to answer questions or sign a polling place roster or voter's receipt
42.10as required by this section must not be allowed to vote. A challenged individual who
42.11leaves the polling place and returns later willing to answer questions or sign a polling
42.12place roster must not be allowed to vote.

42.13    Sec. 7. Minnesota Statutes 2010, section 204D.24, subdivision 2, is amended to read:
42.14    Subd. 2. Voter registration. An individual may register to vote at a special primary
42.15or special election at any time before the day that the polling place rosters for the special
42.16primary or special election are prepared finally secured by the secretary of state for the
42.17election. The secretary of state shall provide the county auditors with notice of this date
42.18at least seven days before the printing of the rosters are secured. This subdivision does
42.19not apply to a special election held on the same day as the state primary, state general
42.20election, or the regularly scheduled primary or general election of a municipality, school
42.21district, or special district.

42.22    Sec. 8. [206A.01] APPLICABILITY.
42.23This chapter applies to each designated election official who administers electronic
42.24roster systems for the purpose of conducting an election and compiling complete returns.

42.25    Sec. 9. [206A.02] DEFINITIONS.
42.26    Subdivision 1. Definitions. The definitions in this section apply to this chapter.
42.27    Subd. 2. Designated election official. "Designated election official" means the
42.28county auditor or municipal clerk.
42.29    Subd. 3. Elector data. "Elector data" means voting information, including, but not
42.30limited to, voter registration, voting history, and voting tabulations.
42.31    Subd. 4. Electronic roster. "Electronic roster" is a list of eligible electors in
42.32electronic format who are permitted to vote at a polling place in an election conducted
43.1under the Minnesota Election Law, which shall be processed by a computer at a precinct
43.2such that the resulting elector data is immediately accessible to all other computers in the
43.3precinct and is transferred to the county for inclusion in the statewide voter registration
43.4system no later than one week after the election.

43.5    Sec. 10. [206A.03] MINIMUM CONTINGENCY AND SECURITY
43.6PROCEDURES.
43.7(a) The designated election official shall establish written security procedures
43.8covering the processing and transference of elector data. The procedures must include:
43.9(1) security covering the transmission of elector data processed through the
43.10electronic roster and reconciliation of the registration and history of voters casting ballots
43.11in a precinct; and
43.12(2) contingency procedures for network and power failure. The procedures must, at
43.13a minimum, include procedures to address all single point failures including:
43.14(i) network failure;
43.15(ii) power failure that lasts less than one hour; and
43.16(iii) power failure that lasts more than one hour.
43.17(b) Acceptable alternatives for addressing power or system failures include either:
43.18(1) a paper backup of the roster with the minimum information required to verify a
43.19voter's eligibility; or
43.20(2) a sufficient number of computers per precinct to ensure that the voter check-in
43.21continues in an efficient manner. The computers and all essential peripheral devices must
43.22have the ability to function on batteries or an external power source for up to two hours.
43.23(c) Each computer must have an electronic backup of the current roster in one of the
43.24following formats:
43.25(1) a portable document file (PDF);
43.26(2) a spreadsheet; or
43.27(3) a database with a basic look-up interface. In addition to acceptable backup
43.28roster procedures, the security procedures must address contingency procedures to protect
43.29against activities such as voting twice.

43.30    Sec. 11. [206A.04] MINIMUM STANDARDS FOR DATA ENCRYPTION.
43.31(a) The secretary of state shall ensure that the county connection to the statewide
43.32voter registration system is secure including details concerning encryption methodology.
43.33In addition, the connection must meet or exceed the standards provided for in this section.
44.1(b) Proven, standard algorithms must be used as the basis for encryption
44.2technologies.
44.3(c) If a connection utilizes a Virtual Private Network (VPN), the following apply:
44.4(1) it is the responsibility of the county to ensure that unauthorized users are not
44.5allowed access to internal networks;
44.6(2) VPN use is to be controlled using either a onetime password authentication such
44.7as a token device or a public/private key system with a strong passphrase;
44.8(3) when actively connected to the network, VPNs must force all traffic to and from
44.9the computer over the VPN tunnel and all other traffic must be dropped;
44.10(4) dual (split) tunneling is not permitted; only one network connection is allowed;
44.11(5) VPN gateways must be set up and managed by the county or its designee;
44.12(6) all computers connected to internal networks via VPN or any other technology
44.13must use up-to-date antivirus software; and
44.14(7) the VPN concentrator is limited to an absolute connection time of 24 hours.

44.15    Sec. 12. [206A.05] MINIMUM ELECTRONIC ROSTER TRANSACTION
44.16REQUIREMENTS.
44.17The designated election official shall ensure the electronic roster system complies
44.18with the following response-time standards for any computer on the system:
44.19(1) a maximum of five seconds to update voter activity;
44.20(2) a maximum of 1.5 seconds to process a voter inquiry by identification number;
44.21and
44.22(3) a maximum of 45 seconds for session startup and password verification.

44.23    Sec. 13. [206A.06] ELECTRONIC ROSTER PREELECTION TESTING
44.24PROCEDURES.
44.25(a) The designated election official shall test the electronic roster application to
44.26ensure that it meets the minimum system requirements prior to the first election in which
44.27it is used. The application must also be tested after the implementation of any system
44.28modifications, including any change in the number of connected computers. The county
44.29shall indicate in the subsequent security plan whether such retesting has occurred.
44.30(b) The test must, at a minimum, include the following:
44.31(1) a load test must be demonstrated through either actual computers running at
44.32proposed bandwidth and security settings, or by simulating a load test;
44.33(2) a contingency/failure test must be demonstrated and documented illustrating the
44.34effects of failures identified in section 206A.03; and
45.1(3) all tests must be conducted with clients and servers in normal, typical, deployed
45.2operating mode.
45.3(c) All records and documentation of the testing must be retained by the designated
45.4election official for a period of 36 months as part of the election record. The testing record
45.5and documentation must include, but is not limited to, the following:
45.6(1) a formal test plan containing all test scripts used:
45.7(i) the test plan must include test environment containing make, model, type of
45.8hardware, and software versions used in testing; and
45.9(ii) the test plan must also include the number of client computers, servers, and
45.10physical locations involved in testing;
45.11(2) test logs of all events that were observed during testing, including:
45.12(i) the sequence of actions necessary to set up the tests;
45.13(ii) the actions necessary to start the tests;
45.14(iii) the actions taken during the execution of the tests;
45.15(iv) any measurements taken or observed during the tests;
45.16(v) any actions necessary to stop or shut down the tests;
45.17(vi) any actions necessary to bring the tests to a halt; and
45.18(vii) any actions necessary or taken to deal with anomalies experienced during
45.19testing;
45.20(3) performance logs and reports taken from both servers and workstations during
45.21the testing which contain performance information of:
45.22(i) network usage (bandwidth);
45.23(ii) processor utilization;
45.24(iii) Random Access Memory (RAM) utilization; and
45.25(iv) any additional performance monitoring reports necessary to explain the process
45.26taken and to support the findings of the tests; and
45.27(4) all test logs must contain the date, time, operator, test status or outcome, and any
45.28additional information to assist the secretary of state in making a determination.

45.29    Sec. 14. [206A.07] MINIMUM NUMBER OF COMPUTERS REQUIRED FOR
45.30PRECINCTS EMPLOYING ELECTRONIC ROSTERS.
45.31Counties employing electronic rosters in whole or in part shall allocate computers
45.32to affected precincts based upon the total number of registered voters in each precinct
45.3390 days preceding the primary election and historical statistics regarding election day
45.34registrants. The minimum computers required shall be on site at each precinct. Precincts
45.35employing electronic rosters shall be allocated a minimum of two computers.

46.1    Sec. 15. [206A.08] WRITTEN PROCEDURES AND REPORTS.
46.2(a) Written procedures and reports required by this chapter must be submitted by a
46.3county to the secretary of state for approval no later than 60 days before the election. The
46.4secretary of state shall either approve the procedures as submitted or notify the designated
46.5election official of recommended changes.
46.6(b) If the secretary of state rejects or approves the written procedures, the secretary
46.7of state shall provide written notice of the rejection or approval, including specifics of
46.8noncompliance with this chapter within 15 days of receiving the written procedures.
46.9(c) If the secretary of state rejects the written procedures, the designated election
46.10official shall submit a revised procedure within 15 days.
46.11(d) The secretary of state shall permit the filing of the revised procedures at a later
46.12date if it is determined that compliance with the 15-day requirement is impossible.

46.13    Sec. 16. LEGISLATIVE TASK FORCE ON ELECTRONIC ROSTER
46.14IMPLEMENTATION.
46.15    Subdivision 1. Creation. The Legislative Task Force on Electronic Roster
46.16Implementation is established to facilitate development and implementation of electronic
46.17rosters for use in elections, as required by this article.
46.18    Subd. 2. Duties; considerations. (a) The task force shall:
46.19(1) study and recommend options for systems that meet the standards for use in a
46.20precinct as provided in Minnesota Statutes, chapter 206A;
46.21(2) study and facilitate implementation of software updates, add-ons, or other
46.22changes to the statewide voter registration system that may be necessary to allow the
46.23system to support electronic rosters as required by Minnesota Statutes, chapter 206A; and
46.24(3) recommend to the legislature any additional changes to law that may be
46.25necessary to implement the requirements of this article.
46.26(b) Factors that must be considered by the task force in carrying out its duties
46.27include, but are not limited to:
46.28(1) ease of equipment use by election administrators, election judges, and voters;
46.29(2) cost-effectiveness;
46.30(3) feasibility of available technologies within precincts;
46.31(4) the security, integrity, and reliability of the electronic roster system and its impact
46.32on the security, integrity, and reliability of the election; and
46.33(5) minimum standards for equipment and software functionality as provided by law.
46.34    Subd. 3. Membership. The task force consists of 16 members, as follows:
47.1(1) the speaker of the house shall appoint one member of the house of representatives,
47.2and one individual who served as a head election judge affiliated with the speaker's
47.3political party at the 2010 state general election;
47.4(2) the minority leader of the house of representatives shall appoint one member
47.5of the house, and one individual who served as a head election judge affiliated with the
47.6minority leader's political party at the 2010 state general election;
47.7(3) the majority leader of the senate shall appoint one member of the senate, and
47.8one individual who served as a head election judge affiliated with the majority leader's
47.9political party at the 2010 state general election;
47.10(4) the minority leader of the senate shall appoint one member of the senate, and
47.11one individual who served as a head election judge affiliated with the minority leader's
47.12political party at the 2010 state general election;
47.13(5) the Minnesota Association of County Auditors shall appoint one head elections
47.14administrator from a representative county with a large population, one head elections
47.15administrator from a representative county with an average-sized population, and one
47.16head elections administrator from a representative county with a small population, as
47.17defined by the association;
47.18(6) the Minnesota Association of Townships shall appoint one head elections
47.19administrator;
47.20(7) the League of Minnesota Cities shall appoint one head elections administrator;
47.21(8) the secretary of state, or the secretary's designee;
47.22(9) the director of information technology in the Office of the Secretary of State; and
47.23(10) the Chief Information Officer of the state of Minnesota, or a designee.
47.24Appointments required by this subdivision shall be made within 21 days of
47.25enactment of this article. The legislator appointed by the speaker of the house shall serve
47.26as chair of the task force.
47.27    Subd. 4. Report to legislature. The task force shall submit a report to the legislature
47.28on its activities and recommendations no later than December 1, 2011.
47.29    Subd. 5. Meetings; staff. (a) Meetings of the task force are subject to Minnesota
47.30Statutes, chapter 13D, except that a meeting may be closed to discuss proprietary data or
47.31other data that is protected by law.
47.32(b) The director of the Legislative Coordinating Commission shall convene the first
47.33meeting of the task force no later than July 1, 2011, or within 30 days of enactment of
47.34this section, whichever is later, and shall provide staff as necessary to support the work of
47.35the task force.

48.1    Sec. 17. EFFECTIVE DATE.
48.2Except where otherwise provided, this article is effective August 14, 2012, and
48.3applies to elections held on or after that date.

48.4ARTICLE 4

48.5RECOUNTS

48.6    Section 1. Minnesota Statutes 2010, section 204C.38, is amended to read:
48.7204C.38 CORRECTION OF OBVIOUS ERRORS; WHEN CANDIDATES
48.8AGREE.
48.9    Subdivision 1. Errors of election judges. If the candidates for an office
48.10unanimously agree in writing that the election judges in any precinct have made an
48.11obvious error in the counting or recording of the votes for that office, they shall deliver the
48.12agreement to the county auditor of that county who shall reconvene the county canvassing
48.13board, if necessary, and present the agreement to it. The county canvassing board shall
48.14correct the error as specified in the agreement.
48.15    Subd. 2. Errors of county canvassing board. If the candidates for an office
48.16unanimously agree in writing that the county canvassing board has made an obvious error
48.17in the counting and recording of the vote for that office they shall notify the county auditor
48.18who shall reconvene the canvassing board. The county canvassing board shall promptly
48.19correct the error as specified in the agreement and file an amended report. When an error is
48.20corrected pursuant to this subdivision, the county canvassing board and the county auditor
48.21shall proceed in accordance with sections 204C.32 to 204C.36 204C.33 and chapter 204E.
48.22    Subd. 3. Errors of State Canvassing Board. If the candidates for an office
48.23unanimously agree in writing that the State Canvassing Board has made an obvious error
48.24in the counting and recording of the vote for that office they shall deliver the agreement
48.25to the secretary of state. If a certificate of election has not been issued, the secretary of
48.26state shall reconvene the State Canvassing Board and present the agreement to it. The
48.27board shall promptly correct the error as specified in the agreement and file an amended
48.28statement. When an error is corrected pursuant to this subdivision by the State Canvassing
48.29Board, the State Canvassing Board and the secretary of state shall proceed in accordance
48.30with sections 204C.32 to 204C.36 204C.33 and chapter 204E.

48.31    Sec. 2. [204E.01] APPLICABILITY.
48.32This chapter establishes procedures for the conduct of all automatic and discretionary
48.33recounts provided for in law.

49.1    Sec. 3. [204E.02] RECOUNT OFFICIALS.
49.2(a) The secretary of state or the secretary of state's designee is the recount official
49.3for recounts conducted by the State Canvassing Board. The county auditor or the county
49.4auditor's designee is the recount official for recounts conducted by the county canvassing
49.5board. The county auditor or the county auditor's designee shall conduct recounts for
49.6county offices. The municipal clerk or the municipal clerk's designee is the recount official
49.7for recounts conducted by the municipal governing body. The school district clerk or
49.8the school district clerk's designee is the recount official for recounts conducted by the
49.9school board, or by a school district canvassing board as provided in section 205A.10,
49.10subdivision 5.
49.11(b) A recount official may delegate the duty to conduct a recount to a county auditor
49.12or municipal clerk by mutual consent. When the person who would otherwise serve as
49.13recount official is a candidate or is the employee or other subordinate, spouse, child,
49.14parent, grandparent, grandchild, stepparent, stepchild, sibling, half-sibling, or stepsibling
49.15of a candidate for the office to be recounted, the appropriate canvassing board shall select
49.16a county auditor or municipal clerk from another jurisdiction to conduct the recount.
49.17(c) As used in this chapter, "legal adviser" means counsel to the recount official and
49.18the canvassing board for the office being recounted.

49.19    Sec. 4. [204E.03] SCOPE OF RECOUNTS.
49.20A recount conducted as provided in this chapter is limited in scope to the
49.21determination of the number of votes validly cast for the office to be recounted. Only the
49.22ballots cast in the election and the summary statements certified by the election judges
49.23may be considered in the recount process. Original ballots that have been duplicated
49.24under section 206.86, subdivision 5, are not within the scope of a recount and must not be
49.25examined except as provided by a court in an election contest under chapter 209.

49.26    Sec. 5. [204E.04] FEDERAL, STATE, AND JUDICIAL RACES.
49.27    Subdivision 1. Automatic recounts. (a) In a state primary when the difference
49.28between the votes cast for the candidates for nomination to a statewide federal office,
49.29state constitutional office, statewide judicial office, congressional office, state legislative
49.30office, or district judicial office is:
49.31(1) less than one-half of one percent of the total number of votes counted for that
49.32nomination; or
49.33(2) ten votes or less and the total number of votes cast for the nomination is 400
49.34votes or less,
50.1and the difference determines the nomination, the canvassing board with responsibility for
50.2declaring the results for that office shall manually recount the vote.
50.3(b) In a state general election when the difference between the votes of a candidate
50.4who would otherwise be declared elected to a statewide federal office, state constitutional
50.5office, statewide judicial office, congressional office, state legislative office, or district
50.6judicial office and the votes of any other candidate for that office is:
50.7(1) less than one-half of one percent of the total number of votes counted for that
50.8office; or
50.9(2) ten votes or less if the total number of votes cast for the office is 400 votes or less,
50.10the canvassing board shall manually recount the votes.
50.11(c) Time for notice of a contest for an office recounted under this section begins to
50.12run upon certification of the results of the recount by the canvassing board, or as otherwise
50.13provided in section 209.021.
50.14(d) A losing candidate may waive a recount required by this section by filing a
50.15written notice of waiver with the canvassing board.
50.16    Subd. 2. Discretionary candidate recount. (a) A losing candidate whose name was
50.17on the ballot for nomination or election to a statewide federal office, state constitutional
50.18office, statewide judicial office, congressional office, state legislative office, or district
50.19judicial office may request a recount in a manner provided in this section at the candidate's
50.20own expense when the vote difference is greater than the difference required by this
50.21section. The votes must be manually recounted as provided in this section if the candidate
50.22files a request during the time for filing notice of contest of the primary or election for
50.23which a recount is sought.
50.24(b) The requesting candidate shall file with the filing officer a bond, cash, or surety in
50.25an amount set by the filing officer for the payment of the recount expenses. The requesting
50.26candidate is responsible for the following expenses: the compensation of the secretary of
50.27state or designees and any election judge, municipal clerk, county auditor, administrator,
50.28or other personnel who participate in the recount; necessary supplies and travel related to
50.29the recount; the compensation of the appropriate canvassing board and costs of preparing
50.30for the canvass of recount results; and any attorney fees incurred in connection with the
50.31recount by the governing body responsible for the recount.
50.32(c) The requesting candidate may provide the filing officer with a list of up to three
50.33precincts that are to be recounted first and may waive the balance of the recount after these
50.34precincts have been counted. If the candidate provides a list, the recount official must
50.35determine the expenses for those precincts in the manner provided by paragraph (b).
51.1(d) If the winner of the race is changed by the optional recount, the cost of the
51.2recount must be paid by the jurisdiction conducting the recount.
51.3(e) If a result of the vote counting in the manual recount is different from the result
51.4of the vote counting reported on election day by a margin greater than the standard for
51.5acceptable performance of voting systems provided in section 206.89, subdivision 4, the
51.6cost of the recount must be paid by the jurisdiction conducting the recount.

51.7    Sec. 6. [204E.05] RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND
51.8MUNICIPAL ELECTIONS.
51.9    Subdivision 1. Required recounts. (a) Except as provided in paragraph (b), a
51.10losing candidate for nomination or election to a county, municipal, or school district office
51.11may request a recount of the votes cast for the nomination or election to that office if
51.12the difference between the votes cast for that candidate and for a winning candidate for
51.13nomination or election is less than one-half of one percent of the total votes counted for
51.14that office. In case of offices where two or more seats are being filled from among all the
51.15candidates for the office, the one-half of one percent difference is between the elected
51.16candidate with the fewest votes and the candidate with the most votes from among the
51.17candidates who were not elected.
51.18(b) A losing candidate for nomination or election to a county, municipal, or school
51.19district office may request a recount of the votes cast for nomination or election to that
51.20office if the difference between the votes cast for that candidate and for a winning
51.21candidate for nomination or election is ten votes or less, and the total number of votes cast
51.22for the nomination or election of all candidates is no more than 400. In cases of offices
51.23where two or more seats are being filled from among all the candidates for the office,
51.24the ten-vote difference is between the elected candidate with the fewest votes and the
51.25candidate with the most votes from among the candidates who were not elected.
51.26(c) Candidates for county offices shall file a written request for the recount with the
51.27county auditor. Candidates for municipal or school district offices shall file a written
51.28request with the municipal or school district clerk as appropriate. All requests must be
51.29filed during the time for notice of contest of the primary or election for which a recount
51.30is sought.
51.31(d) Upon receipt of a request made pursuant to this section, the county auditor
51.32shall recount the votes for a county office at the expense of the county, the governing
51.33body of the municipality shall recount the votes for a municipal office at the expense of
51.34the municipality, and the school board of the school district shall recount the votes for a
51.35school district office at the expense of the school district.
52.1    Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination
52.2or election to a county, municipal, or school district office may request a recount in the
52.3manner provided in this section at the candidate's own expense when the vote difference
52.4is greater than the difference required by subdivision 1. The votes must be manually
52.5recounted as provided in this section if the requesting candidate files with the county
52.6auditor, municipal clerk, or school district clerk a bond, cash, or surety in an amount set by
52.7the governing body of the jurisdiction or the school board of the school district for the
52.8payment of the recount expenses.
52.9    (b) The requesting candidate may provide the filing officer with a list of up to three
52.10precincts that are to be recounted first and may waive the balance of the recount after these
52.11precincts have been counted. If the candidate provides a list, the recount official must
52.12determine the expenses for those precincts in the manner provided by this paragraph.
52.13    (c) If the winner of the race is changed by the optional recount, the cost of the
52.14recount must be paid by the jurisdiction conducting the recount.
52.15    (d) If a result of the vote counting in the manual recount is different from the result
52.16of the vote counting reported on election day by a margin greater than the standard for
52.17acceptable performance of voting systems provided in section 206.89, subdivision 4, the
52.18cost of the recount must be paid by the jurisdiction conducting the recount.
52.19    Subd. 3. Discretionary ballot question recounts. A recount may be conducted
52.20for a ballot question when the difference between the votes for and the votes against the
52.21question is less than or equal to the difference provided in subdivision 1. A recount may
52.22be requested by any person eligible to vote on the ballot question. A written request for a
52.23recount must be filed with the filing officer of the county, municipality, or school district
52.24placing the question on the ballot and must be accompanied by a petition containing the
52.25signatures of 25 voters eligible to vote on the question. Upon receipt of a written request
52.26when the difference between the votes for and the votes against the question is less than or
52.27equal to the difference provided in subdivision 1, the county auditor shall recount the votes
52.28for a county question at the expense of the county, the governing body of the municipality
52.29shall recount the votes for a municipal question at the expense of the municipality, and the
52.30school board of the school district shall recount the votes for a school district question at
52.31the expense of the school district. If the difference between the votes for and the votes
52.32against the question is greater than the difference provided in subdivision 1, the person
52.33requesting the recount shall also file with the filing officer of the county, municipality, or
52.34school district a bond, cash, or surety in an amount set by the appropriate governing body
52.35for the payment of recount expenses. The written request, petition, and any bond, cash,
53.1or surety required must be filed during the time for notice of contest for the election for
53.2which the recount is requested.
53.3    Subd. 4. Expenses. In the case of a question, a person, or a candidate requesting a
53.4discretionary recount, is responsible for the following expenses: the compensation of the
53.5secretary of state, or designees, and any election judge, municipal clerk, county auditor,
53.6administrator, or other personnel who participate in the recount; necessary supplies and
53.7travel related to the recount; the compensation of the appropriate canvassing board and
53.8costs of preparing for the canvass of recount results; and any attorney fees incurred in
53.9connection with the recount by the governing body responsible for the recount.
53.10    Subd. 5. Notice of contest. Except as otherwise provided in section 209.021, the
53.11time for notice of contest of a nomination or election to an office which is recounted
53.12pursuant to this section begins to run upon certification of the results of the recount by the
53.13appropriate canvassing board or governing body.

53.14    Sec. 7. [204E.06] NOTICE.
53.15Within 24 hours after determining that an automatic recount is required or within 48
53.16hours of receipt of a written request for a recount and filing of a security deposit if one is
53.17required, the official in charge of the recount shall send notice to the candidates for the
53.18office to be recounted and the county auditor of each county wholly or partially within
53.19the election district. The notice must include the date, starting time, and location of the
53.20recount, the office to be recounted, and the name of the official performing the recount.
53.21The notice must state that the recount is open to the public and, in case of an automatic
53.22recount, that the losing candidate may waive the recount.

53.23    Sec. 8. [204E.07] SECURING BALLOTS AND MATERIALS.
53.24(a) The official who has custody of the voted ballots is responsible for keeping
53.25secure all election materials. Registration cards of voters who registered on election day
53.26may be processed as required by rule. All other election materials must be kept secure by
53.27precinct as returned by the election judges until all recounts have been completed and until
53.28the time for contest of election has expired.
53.29(b) Any candidate for an office to be recounted may have all materials relating
53.30to the election, including, but not limited to, polling place rosters, voter registration
53.31applications, accepted absentee ballot envelopes, rejected absentee ballot envelopes,
53.32applications for absentee ballots, precinct summary statements, printouts from voting
53.33machines, and precinct incident logs inspected before the canvassing board may certify
53.34the results of the recount.

54.1    Sec. 9. [204E.08] FACILITIES AND EQUIPMENT.
54.2All recounts must be accessible to the public. In a multicounty recount the secretary
54.3of state may locate the recount in one or more of the election jurisdictions or at the site of
54.4the canvassing board. Each election jurisdiction where a recount is conducted shall make
54.5available, without charge to the recount official or body conducting the recount, adequate
54.6accessible space and all necessary equipment and facilities.

54.7    Sec. 10. [204E.09] GENERAL PROCEDURES.
54.8At the opening of a recount, the recount official or legal adviser shall present the
54.9procedures contained in this section for the recount. The custodian of the ballots shall
54.10make available to the recount official the precinct summary statements, the precinct boxes
54.11or the sealed containers of voted ballots, and any other election materials requested by the
54.12recount official. If the recount official needs to leave the room for any reason, the recount
54.13official must designate a deputy recount official to preside during the recount official's
54.14absence. A recount official must be in the room at all times. The containers of voted ballots
54.15must be unsealed and resealed within public view. No ballots or election materials may be
54.16handled by candidates, their representatives, or members of the public. There must be an
54.17area of the room from which the public may observe the recount. Cell phones and video
54.18cameras may be used in this public viewing area, as long as their use is not disruptive. The
54.19recount official shall arrange the counting of the ballots so that the candidates and their
54.20representatives may observe the ballots as they are recounted. Candidates may each have
54.21one representative observe the sorting of each precinct. One additional representative per
54.22candidate may observe the ballots when they have been sorted and are being counted
54.23pursuant to section 204E.10. Candidates may have additional representatives in the public
54.24viewing area of the room. If other election materials are handled or examined by the
54.25recount officials, the candidates and their representatives may observe them. The recount
54.26official shall ensure that public observation does not interfere with the counting of the
54.27ballots. The recount official shall prepare a summary of the recount vote by precinct.

54.28    Sec. 11. [204E.10] COUNTING AND CHALLENGING BALLOTS.
54.29    Subdivision 1. Breaks in counting process. Recount officials may not take a break
54.30for a meal or for the day prior to the completion of the sorting, counting, review, and
54.31labeling of challenges, and secure storage of the ballots for any precinct. All challenged
54.32ballots must be stored securely during breaks in the counting process.
54.33    Subd. 2. Sorting ballots. Ballots must be recounted by precinct. The recount
54.34official shall open the sealed container of ballots and recount them in accordance with
55.1section 204C.22. The recount official must review each ballot and sort the ballots into
55.2piles based upon the recount official's determination as to which candidate, if any, the
55.3voter intended to vote for: one pile for each candidate that is the subject of the recount
55.4and one pile for all other ballots.
55.5    Subd. 3. Challenge. During the sorting, a candidate or candidate's representative
55.6may challenge the ballot if he or she disagrees with the recount official's determination of
55.7for whom the ballot should be counted and whether there are identifying marks on the
55.8ballot. At a recount of a ballot question, the manner in which a ballot is counted may
55.9be challenged by the person who requested the recount or that person's representative.
55.10Challenges may not be automatic or frivolous and the challenger must state the basis
55.11for the challenge pursuant to section 204C.22. Challenged ballots must be placed into
55.12separate piles, one for ballots challenged by each candidate. Only the canvassing board
55.13with responsibility to certify the results of the recount has the authority to declare a
55.14challenge to be "frivolous."
55.15    Subd. 4. Counting ballots. Once ballots have been sorted, the recount officials must
55.16count the piles using the stacking method described in section 204C.21. A candidate or
55.17candidate's representative may immediately request to have a pile of 25 counted a second
55.18time if there is not agreement as to the number of votes in the pile.
55.19    Subd. 5. Reviewing and labeling challenged ballots. After the ballots from
55.20a precinct have been counted, the recount official may review the challenged ballots
55.21with the candidate or the candidate's representative. The candidate's representative may
55.22choose to withdraw any challenges previously made. The precinct name, the reason
55.23for the challenge, and the name of the person challenging the ballot or the candidate
55.24that person represents, and a sequential number must be marked on the back of each
55.25remaining challenged ballot before it is placed in an envelope marked "Challenged
55.26Ballots." After the count of votes for the precinct has been determined, all ballots except
55.27the challenged ballots must be resealed in the ballot envelopes and returned with the other
55.28election materials to the custodian of the ballots. The recount official may make copies
55.29of the challenged ballots. After the count of votes for all precincts has been determined
55.30during that day of counting, the challenged ballot envelope must be sealed and kept secure
55.31for presentation to the canvassing board.

55.32    Sec. 12. [204E.11] RESULTS OF RECOUNT; TIE VOTES.
55.33    Subdivision 1. Certification of results. The recount official shall present the
55.34summary statement of the recount and any challenged ballots to the canvassing board.
55.35The candidate or candidate's representative who made the challenge may present the
56.1basis for the challenge to the canvassing board. The canvassing board shall rule on the
56.2challenged ballots and incorporate the results into the summary statement. The canvassing
56.3board shall certify the results of the recount. Challenged ballots must be returned to the
56.4election official who has custody of the ballots.
56.5    Subd. 2. Tie votes. In case of a tie vote for nomination or election to an office, the
56.6canvassing board with the responsibility for declaring the results for that office shall
56.7determine the tie by lot.

56.8    Sec. 13. [204E.12] SECURITY DEPOSIT.
56.9When a bond, cash, or surety for recount expenses is required by section 204E.04
56.10or 204E.05, the governing body or recount official shall set the amount of the security
56.11deposit at an amount which will cover expected recount expenses. In multicounty districts,
56.12the secretary of state shall set the amount taking into consideration the expenses of the
56.13election jurisdictions in the district and the expenses of the secretary of state. The security
56.14deposit must be filed during the period for requesting an administrative recount. In
56.15determining the expenses of the recount, only the actual recount expenditures incurred
56.16by the recount official and the election jurisdiction in conducting the recount may be
56.17included. General office and operating costs may not be taken into account.

56.18    Sec. 14. REVISOR'S INSTRUCTION.
56.19Except where otherwise amended by this article, the revisor of statutes shall
56.20renumber each section of Minnesota Statutes listed in column A with the number listed in
56.21column B. The revisor shall make necessary cross-reference changes consistent with the
56.22renumbering.

56.23	Column A	Column B
56.24	204C.34	204E.11, subdivision 2
56.25	204C.35	204E.04
56.26	204C.36	204E.05

56.27    Sec. 15. REPEALER.
56.28Minnesota Statutes 2010, sections 204C.34; 204C.35; 204C.36; and 204C.361, are
56.29repealed.

56.30    Sec. 16. EFFECTIVE DATE.
56.31This article is effective June 1, 2011, and applies to recounts conducted on or after
56.32that date.