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SF 514

5th Engrossment - 90th Legislature (2017 - 2018) Posted on 05/21/2017 10:48pm

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A bill for an act
relating to elections; modifying provisions related to elections and election
administration; establishing a voting equipment grant; establishing uniform election
dates, polling place hours, and polling places; requiring counties to administer
school district elections; requiring additional voter data to be public; modifying
voter status challenge provisions; establishing a provisional ballot system;
appropriating money;amending Minnesota Statutes 2016, sections 3.088,
subdivision 1; 13.15, subdivision 4; 13.607, by adding a subdivision; 13.6905,
subdivision 33; 13.841, subdivision 3; 13.851, subdivision 10; 103B.545,
subdivision 2; 123A.46, subdivision 12; 123A.48, subdivisions 14, 15; 123B.09,
subdivision 5b; 123B.63, subdivision 3; 126C.17, subdivision 11; 126C.69,
subdivision 11; 128D.05, subdivision 2; 200.02, subdivision 4, by adding
subdivisions; 201.022, subdivision 1; 201.061, subdivisions 3, 4, 6; 201.091,
subdivision 4; 201.121, subdivision 3; 201.225, subdivisions 1, 2, 6; 201.27,
subdivision 2; 203B.01, subdivision 2; 203B.04, subdivision 1; 203B.05,
subdivision 2; 203B.081, subdivision 1; 203B.085; 203B.11, subdivision 1;
203B.121, subdivisions 1, 2; 203B.15; 204B.09, subdivision 3; 204B.13,
subdivision 1; 204B.16, subdivisions 1, 1a; 204B.181, subdivision 2; 204B.21,
subdivision 2, by adding a subdivision; 204B.25, subdivision 4; 204B.29; 204B.32;
204B.40; 204B.46; 204C.08, subdivision 4; 204C.10; 204C.12, subdivisions 1, 2,
3; 204C.14, subdivision 1; 204C.20, subdivision 4; 204C.25; 204C.26, subdivision
3; 204C.27; 204C.28, subdivision 3; 204C.29, subdivision 1; 204C.32, subdivision
2; 204C.33, subdivision 3; 204C.36, subdivisions 1, 2, 3, 5; 204D.09, subdivision
1; 204D.19, by adding a subdivision; 205.065, subdivision 5; 205.07, subdivisions
1, 3; 205.10, subdivision 4, by adding a subdivision; 205.175; 205A.03, subdivisions
3, 4; 205A.04, subdivision 3; 205A.05, subdivisions 1, 2, 3, by adding a subdivision;
205A.055, subdivision 2; 205A.06, subdivisions 1, 1a, 2, 5; 205A.07, subdivisions
1, 2, 3, 3a, 3b; 205A.08, subdivision 5; 205A.10, subdivisions 1, 2, 3, 5; 205A.11,
subdivision 2a; 206.805, subdivision 1; 208.04, subdivision 1; 209.021, subdivision
3; 211B.11, subdivision 1; 216B.46; 241.065, subdivision 2; 365A.06, subdivision
2; 367.33, subdivision 1; 375.101, subdivision 1; 375B.07, subdivision 2; 375B.10;
383B.031, subdivision 1; 383E.24, subdivision 7; 410.10, subdivision 1; 447.32,
subdivision 2; 475.59; proposing coding for new law in Minnesota Statutes, chapters
201; 204C; repealing Minnesota Statutes 2016, sections 201.096; 201.15; 201.155;
201.157; 201.158; 204B.16, subdivision 3; 205.10, subdivision 3; 205A.09;
205A.11, subdivisions 2, 3; 205A.12, subdivision 5a.

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

ARTICLE 1

ELECTION ADMINISTRATION

Section 1.

Minnesota Statutes 2016, section 3.088, subdivision 1, is amended to read:


Subdivision 1.

Leave of absence without pay.

Subject to this section, any appointed
officer or employee of a political subdivision, municipal corporation, or school district of
the state or an institution of learning maintained by the state who serves as a legislator or
is elected to a full-time city or county office or to an Indian tribal council in Minnesota is
entitled to a leave of absence from the public office or to employment without pay when
on the business of the office, with right of reinstatement as provided in this section.

Sec. 2.

Minnesota Statutes 2016, section 123B.09, subdivision 5b, is amended to read:


Subd. 5b.

Appointments to fill vacancies; special elections.

(a) Any vacancy on the
board, other than a vacancy described in subdivision 4, must be filled by board appointment
at a regular or special meeting. The appointment shall be evidenced by a resolution entered
in the minutes and shall be effective 30 days following adoption of the resolution, subject
to paragraph (b). If the appointment becomes effective, it shall continue until an election is
held under this subdivision. All elections to fill vacancies shall be for the unexpired term.
A special election to fill the vacancy must be held no later than on the first Tuesday after
the first Monday in November following the vacancy. If the vacancy occurs less than 90
days prior to the first Tuesday after the first Monday in November in the year in which the
vacancy occurs, the special election must be held no later than on the first Tuesday after
the first Monday in November of the following calendar year. If the vacancy occurs less
than 90 days prior to the first Tuesday after the first Monday in November in the third year
of the term, no special election is required. If the vacancy is filled by a special election, the
person elected at that election for the ensuing term shall take office immediately after
receiving the certificate of election, filing the bond, and taking the oath of office.

(b) An appointment made under paragraph (a) shall not be effective if a petition to reject
the appointee is filed with the school district clerk. To be valid, a petition to reject an
appointee must be signed by a number of eligible voters residing in the district equal to at
least five percent of the total number of voters voting in the district at the most recent state
general election, and must be filed within 30 days of the board's adoption of the resolution
making the appointment. If a valid petition is filed according to the requirements of this
paragraph, the appointment by the school board is ineffective and the board must name a
new appointee as provided in paragraph (a).

Sec. 3.

Minnesota Statutes 2016, section 200.02, is amended by adding a subdivision to
read:


Subd. 29.

Original signature.

"Original signature" does not include an electronic
signature.

Sec. 4.

Minnesota Statutes 2016, section 201.225, subdivision 2, is amended to read:


Subd. 2.

Technology requirements.

(a) An electronic roster must:

(1) be able to be loaded with a data file that includes voter registration data in a file
format prescribed by the secretary of state;

(2) allow for data to be exported in a file format prescribed by the secretary of state;

(3) allow for data to be entered manually or by scanning a Minnesota driver's license or
identification card to locate a voter record or populate a voter registration application that
would be printed and signed and dated by the voter. The printed registration application
can be either a printed form, labels printed with voter information to be affixed to a preprinted
form, or a combination of both;

(4) allow an election judge to update data that was populated from a scanned driver's
license or identification card;

(5) cue an election judge to ask for and input data that is not populated from a scanned
driver's license or identification card that is otherwise required to be collected from the voter
or an election judge;

(6) immediately alert the election judge if the voter has provided information that indicates
that the voter is not eligible to vote;

(7) immediately alert the election judge if the electronic roster indicates that a voter has
already voted in that precinct, the voter's registration status is challenged, or it appears the
voter resides in a different precinct;

(8) provide immediate instructions on how to resolve a particular type of challenge when
a voter's record is challenged;

(9) provide for a printed voter signature certificate, containing the voter's name, address
of residence, date of birth, voter identification number, the oath required by section 204C.10,
and a space for the voter's original signature. The printed voter signature certificate can be
either a printed form or a label printed with the voter's information to be affixed to the oath;

(10) contain only preregistered voters within the precinct, and not contain preregistered
voter data on voters registered outside of the precinct;

(11) be only networked within the polling location on election day, except for the purpose
of updating absentee ballot records;

(12) meet minimum security, reliability, and networking standards established by the
Office of the Secretary of State in consultation with the Office of MN.IT Services;

(13) electronic rosters purchased after the effective date of this act must include the
following security features: (i) an intrusion detection system; and (ii) an alarm system or a
physical locking device;

(14) be capable of providing a voter's correct polling place; and

(14) (15) perform any other functions necessary for the efficient and secure administration
of the participating election, as determined by the secretary of state.

(b) Electronic rosters used only for election day registration do not need to comply with
clauses (1), (8), and (10). Electronic rosters used only for preregistered voter processing do
not need to comply with clauses (4) and (5).

Sec. 5.

Minnesota Statutes 2016, section 204B.09, subdivision 3, is amended to read:


Subd. 3.

Write-in candidates.

(a) A candidate for county, state, or federal office who
wants write-in votes for the candidate to be counted must file a written request with the
filing office for the office sought not more than 84 days before the primary and no later
than the seventh day before the general election. The filing officer shall provide copies of
the form to make the request. No written request shall be accepted later than 5:00 p.m. on
the last day for filing a written request.

(b) A candidate for president of the United States who files a request under this
subdivision must include the name of a candidate for vice-president of the United States.
The request must also include the name of at least one candidate for presidential elector.
The total number of names of candidates for presidential elector on the request may not
exceed the total number of electoral votes to be cast by Minnesota in the presidential election.

(c) A candidate for governor who files a request under this subdivision must include the
name of a candidate for lieutenant governor.

Sec. 6.

Minnesota Statutes 2016, section 204B.13, subdivision 1, is amended to read:


Subdivision 1.

Partisan office.

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

(1) dies;

(2) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at least
one day prior to the general election with the same official who received the affidavit of
candidacy; or

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

(b) An affidavit of withdrawal filed under paragraph (a), clause (3) (2), must state that
the candidate has been diagnosed with a catastrophic illness that will permanently and
continuously incapacitate the candidate and prevent the candidate from performing the
duties of the office sought, if elected. The affidavit must be accompanied by a certificate
verifying the candidate's illness meets the requirements of this paragraph, signed by at least
two licensed physicians. The affidavit and certificate may be filed by the candidate or the
candidate's legal guardian.

Sec. 7.

Minnesota Statutes 2016, section 204B.16, subdivision 1a, is amended to read:


Subd. 1a.

Notice to voters.

If the location of a polling place has been changed, the
governing body establishing the polling place shall send to every affected household with
at least one registered voter in the precinct a nonforwardable mailed notice stating the
location of the new polling place at least 25 days before the next election. The secretary of
state shall prepare a sample of this notice. A notice that is returned as undeliverable must
be forwarded immediately to the county auditor. This subdivision does not apply to a polling
place location that is changed on election day under section 204B.17 204B.175.

Sec. 8.

Minnesota Statutes 2016, section 204C.32, subdivision 2, is amended to read:


Subd. 2.

State canvass.

The State Canvassing Board shall meet at the secretary of state's
office
at a public meeting space located in the Capitol complex area seven days after the
state primary to canvass the certified copies of the county canvassing board reports received
from the county auditors. Immediately after the canvassing board declares the results, the
secretary of state shall certify the names of the nominees to the county auditors. The secretary
of state shall mail to each nominee a notice of nomination.

Sec. 9.

Minnesota Statutes 2016, section 204C.33, subdivision 3, is amended to read:


Subd. 3.

State canvass.

The State Canvassing Board shall meet at the secretary of state's
office
at a public meeting space located in the Capitol complex area on the third Tuesday
following the state general election to canvass the certified copies of the county canvassing
board reports received from the county auditors and shall prepare a report that states:

(a) (1) the number of individuals voting in the state and in each county;

(b) (2) the number of votes received by each of the candidates, specifying the counties
in which they were cast; and

(c) (3) the number of votes counted for and against each constitutional amendment,
specifying the counties in which they were cast.

All members of the State Canvassing Board shall sign the report and certify its
correctness. The State Canvassing Board shall declare the result within three days after
completing the canvass.

Sec. 10.

Minnesota Statutes 2016, section 205.065, subdivision 5, is amended to read:


Subd. 5.

Results.

(a) The municipal primary shall be conducted and the returns made
in the manner provided for the state primary so far as practicable. If the primary is conducted:

(1) only within that municipality, a The canvass may be conducted on either the second
or third day after the primary; or

(2) in conjunction with the state primary, the canvass must be conducted on the third
day after the primary, except as otherwise provided in paragraph (b)
.

The governing body of the municipality shall canvass the returns, and the two candidates
for each office who receive the highest number of votes, or a number of candidates equal
to twice the number of individuals to be elected to the office, who receive the highest number
of votes, shall be the nominees for the office named. Their names shall be certified to the
municipal clerk who shall place them on the municipal general election ballot without
partisan designation and without payment of an additional fee.

(b) Following a municipal primary as described in paragraph (a), clause (2), a canvass
may be conducted on the second day after the primary if the county auditor of each county
in which the municipality is located agrees to administratively review the municipality's
primary voting statistics for accuracy and completeness within a time that permits the canvass
to be conducted on that day.

Sec. 11.

Minnesota Statutes 2016, section 205.07, subdivision 1, is amended to read:


Subdivision 1.

Date of election.

The municipal general election in each city shall be
held on the first Tuesday after the first Monday in November in every even-numbered year.
Notwithstanding any provision of law to the contrary and subject to the provisions of this
section, the governing body of a city may, by ordinance passed at a regular meeting held
before June 1 of any year, elect to at least 180 calendar days before the first day to file for
candidacy in the next municipal election, decide to
hold the election on the first Tuesday
after the first Monday in November in each either an even- or odd-numbered year. A city
may hold elections in either the even-numbered year or the odd-numbered year, but not
both. When a city changes its elections from one year to another, and does not provide for
the expiration of terms by ordinance, the term of an incumbent expiring at a time when no
municipal election is held in the months immediately prior to expiration is extended until
the date for taking office following the next scheduled municipal election. If the change
results in having three council members to be elected at a succeeding election, the two
individuals receiving the highest vote shall serve for terms of four years and the individual
receiving the third highest number of votes shall serve for a term of two years. To provide
an orderly transition to the odd or even year election plan, the governing body of the city
may adopt supplementary ordinances regulating initial elections and officers to be chosen
at the elections and shortening or lengthening the terms of incumbents and those elected at
the initial election. The term of office for the mayor may be either two or four years. The
term of office of council members is four years. Whenever the time of the municipal election
is changed, the city clerk immediately shall notify in writing the county auditor and secretary
of state of the change of date. Thereafter the municipal general election shall be held on the
first Tuesday after the first Monday in November in each odd-numbered or even-numbered
year until the ordinance is revoked and notification of the change is made. A municipal
general election scheduled to be held in an odd-numbered year may be postponed for
inclement weather as provided in section 205.105.

Sec. 12.

Minnesota Statutes 2016, section 205A.05, subdivision 2, is amended to read:


Subd. 2.

Vacancies in school district offices.

Special elections to fill vacancies in
elective school district offices shall be held in school districts pursuant to section 123B.095
123B.09, subdivision 5b
. When more than one vacancy exists in an office elected at-large,
voters must be instructed to vote for up to the number of vacancies to be filled.

Sec. 13.

Minnesota Statutes 2016, section 206.805, subdivision 1, is amended to read:


Subdivision 1.

Contracts required.

(a) The secretary of state, with the assistance of the
commissioner of administration, shall must establish one or more state voting systems
contracts. The contracts should, if practical, include provisions for maintenance of the
equipment purchased. The voting systems contracts must address precinct-based optical
scan voting equipment, and ballot marking equipment for persons with disabilities and other
voters
assistive voting technology, automatic tabulating equipment, and electronic roster
equipment
. The contracts must give the state a perpetual license to use and modify the
software. The contracts must include provisions to escrow the software source code, as
provided in subdivision 2. Bids for voting systems and related election services must be
solicited from each vendor selling or leasing voting systems that have been certified for use
by the secretary of state. Bids for electronic roster equipment, software, and related services
must be solicited from each vendor selling or leasing electronic roster equipment that meets
the requirements of section 201.225, subdivision 2.
The contracts must be renewed from
time to time.

(b) Counties and municipalities may purchase or lease voting systems and obtain related
election services from the state contracts. All counties and municipalities are members of
the cooperative purchasing venture of the Department of Administration for the purpose of
this section. For the purpose of township elections, counties must aggregate orders under
contracts negotiated under this section for products and services and may apportion the
costs of those products and services proportionally among the townships receiving the
products and services. The county is not liable for the timely or accurate delivery of those
products or services.

Sec. 14.

Minnesota Statutes 2016, section 208.04, subdivision 1, is amended to read:


Subdivision 1.

Form of presidential ballots.

When presidential electors and alternates
are to be voted for, a vote cast for the party candidates for president and vice president shall
be deemed a vote for that party's electors and alternates as filed with the secretary of state.
The secretary of state shall certify the names of all duly nominated presidential and vice
presidential candidates to the county auditors of the counties of the state. Each county
auditor, subject to the rules of the secretary of state, shall cause the names of the candidates
of each major political party and the candidates nominated by petition to be printed in capital
letters,
set in type of the same size and style as for candidates on the state general election
ballot, before the party designation. To the left of, and on the same line with the names of
the candidates for president and vice president, near the margin, shall be placed a square or
box
an oval or similar target shape, in which the voters may indicate their choice by marking
an "X."
.

The form for the presidential ballot and the relative position of the several candidates
shall be determined by the rules applicable to other state officers. The state ballot, with the
required heading, shall be printed on the same piece of paper and shall be below the
presidential ballot with a blank space between one inch in width.

Sec. 15. VOTING EQUIPMENT GRANT.

Subdivision 1.

Voting equipment grant account.

A voting equipment grant is
established. Funds are appropriated to the secretary of state to provide grants to counties
and municipalities as authorized by this section. Funds appropriated for the grant are available
until expended.

Subd. 2.

Authorized equipment.

(a) A county or municipality may apply to receive a
grant under this section for the purchase or lease of the following equipment:

(1) electronic roster equipment and software that meets the technology requirements of
Minnesota Statutes, section 201.225, subdivision 2;

(2) assistive voting technology; or

(3) automatic tabulating equipment.

A purchase or lease of equipment is eligible for a grant under this section if the purchase
is made, or lease entered, on or after July 1, 2017. A county or municipality that has
purchased or leased eligible equipment before July 1, 2017, may apply for reimbursement.

(b) The grant funds must not be used for maintenance or repair of voting equipment.

Subd. 3.

Amount of grant.

A county or municipal government is eligible to receive a
grant equal to 75 percent of the total cost of the electronic roster equipment and software
or 50 percent of the total cost for assistive voting technology or automatic tabulating
equipment. The secretary of state must first award grants to counties and municipalities
leasing or purchasing new equipment or software. If funds remain after awarding grants for
new equipment or software, the secretary of state must use the remaining funds for grants
to counties and municipalities seeking reimbursement for equipment or software already
purchased.

Subd. 4.

Application for grant; certification of costs.

(a) To receive a grant, a county
or municipality must submit an application to the secretary of state. The secretary of state
shall prescribe a form for this purpose. At a minimum, the application must describe:

(1) the type of equipment or software proposed for purchase or lease;

(2) the expected total cost of the equipment or software, and sources of funding that will
be used for the purchase or lease in addition to the grant funding provided by this section;

(3) the county's or municipality's plan to address the long-term maintenance, repair, and
eventual replacement costs for the equipment or software without using any funds from the
grant for these purposes; and

(4) any other information required by the secretary of state.

(b) The secretary of state must establish:

(1) a deadline for receipt of grant applications;

(2) a procedure for awarding and distributing grants;

(3) criteria for the fair, proportional distribution of grants if the funds do not completely
cover the requests for a particular type of equipment; and

(4) a process for verifying the proper use of the grants after distribution.

Subd. 5.

Report to legislature.

No later than January 15, 2018, and annually thereafter
until the appropriations provided for grants under this section have been exhausted, the
secretary of state must submit a report to the legislative committees with jurisdiction over
elections policy on grants awarded by this section. The report must detail each grant awarded,
including the jurisdiction, the amount of the grant, and the type of equipment or software
purchased.

Sec. 16. VOTING EQUIPMENT GRANT ACCOUNT; APPROPRIATION.

$5,000,000 in fiscal year 2018 is appropriated from the general fund to the secretary of
state for the voting equipment grant established in section 15. The secretary of state may
retain up to $80,000 for administrative costs. This is a onetime appropriation.

ARTICLE 2

UNIFORM ELECTION DATES

Section 1.

Minnesota Statutes 2016, section 103B.545, subdivision 2, is amended to read:


Subd. 2.

Election.

The county board or joint county authority shall conduct a special
election in July or August after receiving the referendum petition on a date authorized in
section 205.10, subdivision 3a
. The special election must be held within the proposed lake
improvement district. The county auditor shall administer the special election.

Sec. 2.

Minnesota Statutes 2016, section 123A.46, subdivision 12, is amended to read:


Subd. 12.

Election date.

If an election is required under subdivision 11, then before the
expiration of a 45 day period after the date of the order for dissolution and attachment, the
auditor shall set a date and call the election by filing a written order for the election and
serving a copy of the order personally or by mail on the clerk of the district in which the
election is to be held. The date shall be not less than 15 nor more than 30 days after the date
of the order, upon which date a
special election shall be held in the district proposed for
dissolution and must be held on a date authorized in section 205A.05, subdivision 1a. The
auditor shall post and publish notice of the election according to law. Upon receipt of the
notice, the board shall conduct the election.

Sec. 3.

Minnesota Statutes 2016, section 123A.48, subdivision 14, is amended to read:


Subd. 14.

Election.

The board shall determine the date of the election, authorized by
section 205A.05, subdivision 1a, and
the number of boundaries of voting precincts, and the
location of the polling places where voting shall be conducted, and the hours the polls will
be open
. The board shall also coordinating county auditor, as defined in section 200.02,
subdivision 16b, shall
provide official ballots which must be used exclusively and shall be
in the following form: "Shall the (name of school district) and the (name of school district)
be consolidated as proposed? Yes .... No ...."

The board must appoint election judges who shall act as clerks of election. The ballots
and results must be certified to the board coordinating county auditor and administering
counties, as defined in section 200.02, subdivision 16,
who shall canvass and tabulate the
total vote cast for and against the proposal.

Sec. 4.

Minnesota Statutes 2016, section 123B.63, subdivision 3, is amended to read:


Subd. 3.

Capital project levy referendum.

(a) A district may levy the local tax rate
approved by a majority of the electors voting on the question to provide funds for an approved
project. The election must take place no more than five years before the estimated date of
commencement of the project. The referendum must be held on a date set by the board
authorized by section 205A.05, subdivision 1a
. A district must meet the requirements of
section 123B.71 for projects funded under this section. If a review and comment is required
under section 123B.71, subdivision 8, a referendum for a project not receiving a positive
review and comment by the commissioner must be approved by at least 60 percent of the
voters at the election.

(b) The referendum may be called by the school board and may be held:

(1) separately, before an election for the issuance of obligations for the project under
chapter 475; or

(2) in conjunction with an election for the issuance of obligations for the project under
chapter 475; or

(3) notwithstanding section 475.59, as a conjunctive question authorizing both the capital
project levy and the issuance of obligations for the project under chapter 475. Any obligations
authorized for a project may be issued within five years of the date of the election.

(c) The ballot must provide a general description of the proposed project, state the
estimated total cost of the project, state whether the project has received a positive or negative
review and comment from the commissioner, state the maximum amount of the capital
project levy as a percentage of net tax capacity, state the amount that will be raised by that
local tax rate in the first year it is to be levied, and state the maximum number of years that
the levy authorization will apply.

The ballot must contain a textual portion with the information required in this section
and a question stating substantially the following:

"Shall the capital project levy proposed by the board of .......... School District No. ..........
be approved?"

If approved, the amount provided by the approved local tax rate applied to the net tax
capacity for the year preceding the year the levy is certified may be certified for the number
of years, not to exceed ten, approved.

(d) If the district proposes a new capital project to begin at the time the existing capital
project expires and at the same maximum tax rate, the general description on the ballot may
state that the capital project levy is being renewed and that the tax rate is not being increased
from the previous year's rate. An election to renew authority under this paragraph may be
called at any time that is otherwise authorized by this subdivision. The ballot notice required
under section 275.60 may be modified to read:

"BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING TO RENEW
AN EXISTING CAPITAL PROJECTS REFERENDUM THAT IS SCHEDULED TO
EXPIRE."

(e) In the event a conjunctive question proposes to authorize both the capital project
levy and the issuance of obligations for the project, appropriate language authorizing the
issuance of obligations must also be included in the question.

(f) The district must notify the commissioner of the results of the referendum.

Sec. 5.

Minnesota Statutes 2016, section 126C.17, subdivision 11, is amended to read:


Subd. 11.

Referendum date.

(a) Except for a referendum held under paragraph (b), any
referendum under this section held on a day other than the first Tuesday after the first
Monday in November must be conducted by mail in accordance with section 204B.46 and
held on a date authorized by section 205A.05, subdivision 1a
. Notwithstanding subdivision
9, paragraph (b), to the contrary, in the case of a referendum conducted by mail under this
paragraph, the notice required by subdivision 9, paragraph (b), must be prepared and delivered
by first-class mail at least 20 days before the referendum.

(b) In addition to the referenda allowed in subdivision 9, clause paragraph (a), the
commissioner may grant authority to a district to hold a referendum on a different day date
authorized by section 205A.05, subdivision 1a,
if the district is in statutory operating debt
and has an approved plan or has received an extension from the department to file a plan
to eliminate the statutory operating debt.

(c) The commissioner must approve, deny, or modify each district's request for a
referendum levy on a different day within 60 days of receiving the request from a district.

Sec. 6.

Minnesota Statutes 2016, section 128D.05, subdivision 2, is amended to read:


Subd. 2.

Time of change.

A proposed change in election years adopted under subdivision
1 is effective 240 days after passage and publication or at a later date fixed in the proposal.
Within 180 days after passage and publication of the proposal, a petition requesting a
referendum on the proposal may be filed with the school district clerk. The petition must
be signed by eligible voters equal in number to five percent of the total number of votes
cast in the city of Minneapolis at the most recent state general election. If the requisite
petition is filed within the prescribed period, the proposal does not become effective until
it is approved by a majority of the voters voting on the question at a general or special
election held at least 60 days after submission of the petition on a date authorized by section
205A.05, subdivision 1a
. If the petition is filed, the governing body may reconsider its
action in adopting the proposal.

Sec. 7.

Minnesota Statutes 2016, section 200.02, subdivision 4, is amended to read:


Subd. 4.

Special election.

"Special election" means:

(a) (1) an election held at any time to fill vacancies in public state or federal offices; or

(b) (2) an election held by a subdivision of the state for a special purpose held by a
subdivision of the state on a date authorized by section 205.10, subdivision 3a, or 205A.05,
subdivision 1a
.

Sec. 8.

Minnesota Statutes 2016, section 203B.081, subdivision 1, is amended to read:


Subdivision 1.

Location; timing.

During the 46 days before the election, an eligible
voter may vote by absentee ballot in the office of the county auditor and at any other polling
place designated by the county auditor during the 46 days before the election regular business
hours of the polling place
, except as provided in this section. A voter waiting in line to
register or to vote at the close of business must be allowed to vote.

Sec. 9.

Minnesota Statutes 2016, section 203B.085, is amended to read:


203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.

The county auditor's office in each county and the clerk's office in each city or town
authorized under section 203B.05 to administer absentee balloting must be open for
acceptance of absentee ballot applications and casting of absentee ballots from 10:00 a.m.
to 3:00 p.m. on Saturday and until 5:00 p.m. on the day immediately preceding a primary,
special, or general election unless that day falls on a Saturday or Sunday. Town clerks'
offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday
before a town general election held in March. The school district clerk, when performing
the county auditor's election duties, need not comply with this section.
A voter waiting in
line to register or to vote at the close of the polling location must be allowed to vote. On
the Saturday before the election and on the day immediately preceding an election, a county
auditor or municipal clerk must not accept absentee ballots at times other than those specified
in this section.

Sec. 10.

Minnesota Statutes 2016, section 204B.16, subdivision 1, is amended to read:


Subdivision 1.

Authority; location.

By December 31 of each year, the governing body
of each municipality and of each county with precincts in unorganized territory shall must
designate by ordinance or resolution a polling place for each election precinct. The polling
places designated in the ordinance or resolution are the polling places for the following
calendar year, unless a change is made:

(1) pursuant to section 204B.175; or

(2) because a polling place has become unavailable.

Polling places must be designated and ballots must be distributed so that no one is required
to go to more than one polling place to vote in a school district and municipal election held
on the same day. The polling place for a precinct in a city or in a school district located in
whole or in part in the metropolitan area defined by section 200.02, subdivision 24, shall
be located within the boundaries of the precinct or within one mile of one of those boundaries
unless a single polling place is designated for a city pursuant to section 204B.14, subdivision
2
, or a school district pursuant to section 205A.11. The polling place for a precinct in
unorganized territory may be located outside the precinct at a place which is convenient to
the voters of the precinct. If no suitable place is available within a town or within a school
district located outside the metropolitan area defined by section 200.02, subdivision 24,
then the polling place for a town or school district may be located outside the town or school
district within five miles of one of the boundaries of the town or school district.

Sec. 11.

Minnesota Statutes 2016, section 204D.19, is amended by adding a subdivision
to read:


Subd. 3a.

Preferred election dates.

Whenever possible, special elections to fill a vacancy
in the office of state senator or state representative should be held on one of the following
dates: the fourth Tuesday in February, the second Tuesday in May, the second Tuesday in
August, or the first Tuesday after the first Monday in November.

Sec. 12.

Minnesota Statutes 2016, section 205.07, subdivision 3, is amended to read:


Subd. 3.

Effect of ordinance; referendum.

An ordinance changing the year of the
municipal election is effective 240 days after passage and publication or at a later date fixed
in the ordinance. Within 180 days after passage and publication of the ordinance, a petition
requesting a referendum on the ordinance may be filed with the city clerk. The petition shall
be signed by eligible voters equal in number to ten percent of the total number of votes cast
in the city at the last municipal general election. If the requisite petition is filed within the
prescribed period, the ordinance shall not become effective until it is approved by a majority
of the voters voting on the question at a general or special election held at least 60 days
after submission of the petition
on a date authorized by section 205.10, subdivision 3a. If
the petition is filed, the governing body may reconsider its action in adopting the ordinance.

Sec. 13.

Minnesota Statutes 2016, section 205.10, is amended by adding a subdivision to
read:


Subd. 3a.

Uniform election dates.

(a) Except as allowed in paragraph (b) and subdivision
4, a special election held in a city or town must be held on one of the following dates: the
fourth Tuesday in February, the second Tuesday in May, the second Tuesday in August, or
the first Tuesday after the first Monday in November. A special election primary must be
held on the uniform date prior to the uniform date on which the election is scheduled. A
home rule charter city must not designate additional dates in its charter.

(b) A special election may be held on a date other than those designated in paragraph
(a) if the special election is held in response to an emergency or disaster. "Emergency"
means an unforeseen combination of circumstances that calls for immediate action to prevent
a disaster from developing or occurring. "Disaster" means a situation that creates an actual
or imminent, serious threat to the health and safety of persons or a situation that has resulted
or is likely to result in catastrophic loss to property or the environment.

Sec. 14.

Minnesota Statutes 2016, section 205.10, subdivision 4, is amended to read:


Subd. 4.

Vacancies in town offices.

Special elections must be held with the town general
election
to fill vacancies in town offices as provided in section 367.03, subdivision 6, must
be held with the town general election or on a date authorized by subdivision 3a
.

Sec. 15.

Minnesota Statutes 2016, section 205.175, is amended to read:


205.175 TOWN VOTING HOURS.

Subdivision 1.

Minimum voting hours; towns.

In all municipal town elections, the
polling places will remain open for voting from 5:00 p.m. to 8:00 p.m.

Subd. 2.

Metropolitan area municipalities towns.

The governing body of a municipality
which
town board that is located within a metropolitan county included in the definition of
metropolitan area in section 200.02, subdivision 24, may designate the time during which
the polling places will remain open for voting at the next succeeding and all subsequent
municipal town elections, provided that the polling places shall must open no later than
10:00 a.m. and shall must close no earlier than 8:00 p.m. The resolution shall must remain
in force until it is revoked by the municipal governing body town board.

Subd. 3.

Other municipalities towns.

The governing body of a municipality town board
other than a municipality town described in subdivision 2, may by resolution adopted prior
to giving notice of the election, designate the time, in addition to the minimum voting hours
provided in subdivision 1, during which the polling places will remain open for voting at
the next succeeding and all subsequent municipal town elections. The resolution shall must
remain in force until it is revoked by the municipal governing body town board or changed
because of request by voters as provided in this subdivision. If a petition requesting longer
voting hours, signed by a number of voters equal to 20 percent of the votes cast at the last
municipal town election, is presented to the municipal town clerk no later than 30 days prior
to the municipal town election, then the polling places for that election shall must open at
10:00 a.m. and close at 8:00 p.m. The municipal town clerk shall must give ten days' notice
of the changed voting hours and notify the county auditor of the change. Municipalities
Towns covered by this subdivision shall must certify their election hours to the county
auditor in January of each year.

Sec. 16.

Minnesota Statutes 2016, section 205A.05, subdivision 1, is amended to read:


Subdivision 1.

Questions.

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

(b) A special election may not be held:

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

(2) on the date of a regularly scheduled town election or annual meeting in March
conducted wholly or partially within the school district; or

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

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

Sec. 17.

Minnesota Statutes 2016, section 205A.05, is amended by adding a subdivision
to read:


Subd. 1a.

Uniform election dates.

(a) Except as allowed in paragraph (b), a special
election held in a school district must be held on one of the following dates: the fourth
Tuesday in February, the second Tuesday in May, the second Tuesday in August, or the
first Tuesday after the first Monday in November. A special election primary must be held
on the uniform date prior to the uniform date on which the election is scheduled.

(b) A special election may be held on a date other than those designated in paragraph
(a) if the special election is held in response to an emergency or disaster. "Emergency"
means an unforeseen combination of circumstances that calls for immediate action to prevent
a disaster from developing or occurring. "Disaster" means a situation that creates an actual
or imminent, serious threat to the health and safety of persons or a situation that has resulted
or is likely to result in catastrophic loss to property.

Sec. 18.

Minnesota Statutes 2016, section 216B.46, is amended to read:


216B.46 MUNICIPAL ACQUISITION PROCEDURES; NOTICE; ELECTION.

Any municipality which desires to acquire the property of a public utility as authorized
under the provisions of section 216B.45 may determine to do so by resolution of the
governing body of the municipality taken after a public hearing of which at least 30 days'
published notice shall be given as determined by the governing body. The determination
shall become effective when ratified by a majority of the qualified electors voting on the
question at a special election to be held for that purpose, not less than 60 nor more than 120
days after the resolution of the governing body of the municipality
on a date authorized by
section 205.10, subdivision 3a
.

Sec. 19.

Minnesota Statutes 2016, section 365A.06, subdivision 2, is amended to read:


Subd. 2.

Election.

The town board shall hold a special election within the boundaries
of the proposed district not less than 30 nor more than 90 days after receipt of the petition
on a date authorized by section 205.10, subdivision 3a
. The question submitted and voted
upon by the property owners within the territory of the proposed district must be phrased
substantially as follows:

"Shall a subordinate service district be established to provide (service or services to be
provided) financed by (revenue sources)?"

If a majority of those voting on the question favor creation of the district, the district
shall begin upon certification of the vote by the town clerk. The town clerk shall administer
the election.

Sec. 20.

Minnesota Statutes 2016, section 367.33, subdivision 1, is amended to read:


Subdivision 1.

Election at annual election or special election.

Following the adoption
of option A in a town, except a town exercising the powers of a statutory city, the town
board may call a special town election to be held not less than 30 nor more than 60 days
after the annual town election at which the option is adopted
on a date authorized by section
205.10, subdivision 3a
, to elect two additional members to the board of supervisors. In lieu
of a special election, the town board may determine to elect the additional members at the
next annual town election.

If the town is exercising the powers of a statutory city under section 368.01 or a special
law granting substantially similar powers, the town board shall call a special election to be
held not less than 30 nor more than 60 days after the annual election on a date authorized
by section 205.10, subdivision 3a,
at which option A is adopted to elect the two additional
supervisors.

Sec. 21.

Minnesota Statutes 2016, section 375.101, subdivision 1, is amended to read:


Subdivision 1.

Option for filling vacancies; special election.

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

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

(2) concurrently with the next regularly scheduled primary election and general election;
or

(3) no sooner than 120 days following the next regularly scheduled general election on
a date authorized by section 205.10, subdivision 3a
.

(b) The person elected at the special election shall take office immediately after receipt
of the certificate of election and upon filing the bond and taking the oath of office and shall
serve the remainder of the unexpired term. If the county has been reapportioned since the
commencement of the term of the vacant office, the election shall be based on the district
as reapportioned.

Sec. 22.

Minnesota Statutes 2016, section 375B.07, subdivision 2, is amended to read:


Subd. 2.

Election.

The county board shall make arrangements for the holding of a special
election not less than 30 nor more than 90 days after receipt of the petition on a date
authorized by section 205.10, subdivision 3a,
within the boundaries of the proposed district.
The question to be submitted and voted upon by the qualified voters within the territory of
the proposed district shall be phrased substantially as follows:

"Shall a subordinate service district be established in order to provide (service or services
to be provided) financed by (revenue sources)?"

If a majority of those voting on the question favor creation of the proposed district, the
district shall be deemed created upon certification of the vote by the county auditor. The
county auditor shall administer the election.

Sec. 23.

Minnesota Statutes 2016, section 375B.10, is amended to read:


375B.10 WITHDRAWAL; ELECTION.

Upon receipt of a petition signed by ten percent of the qualified voters within the territory
of the subordinate service district requesting the removal of the district, or pursuant to its
own resolution, the county board shall make arrangements for the holding of a special
election within the boundaries of the service district not less than 30 nor more than 90 days
after the resolution or receipt of the petition
on a date authorized by section 205.10,
subdivision 3a
. The question to be submitted and voted upon by the qualified voters within
the territory of the district shall be phrased substantially as follows:

"Shall the subordinate service district presently established be removed and the service
or services of the county as provided for the service district be discontinued?"

If a majority of those voting on the question favor the removal and discontinuance of
the services, the service district shall be removed and the services shall be discontinued
upon certification of the vote by the county auditor. The county auditor shall administer the
election.

Sec. 24.

Minnesota Statutes 2016, section 383B.031, subdivision 1, is amended to read:


Subdivision 1.

More than six months; special election.

Notwithstanding the provisions
of section 375.101, if a vacancy occurs in a seat on the Board of County Commissioners of
Hennepin County more than six months before the general election in which a commissioner
will next be selected to occupy such seat the county auditor shall, within seven days after
the vacancy occurs, call a special election within the affected district to fill such vacancy.
The auditor shall specify a date for the election which shall be between 56 and 77 days after
the vacancy occurred
to be held on a date authorized by section 205.10, subdivision 3a.
Candidates shall file with the county auditor prior to the 35th day before the election. The
primary election shall be held 14 days before the election. If no more than two candidates
file for the office, the primary election shall be canceled and the date of the general election
advanced 14 days.

Sec. 25.

Minnesota Statutes 2016, section 383E.24, subdivision 7, is amended to read:


Subd. 7.

Referendum.

(a) Upon receipt of a petition signed by five percent of the
qualified voters within the territory of the proposed service district prior to the effective
date of its creation as specified in subdivision 6, the creation shall be held in abeyance
pending a referendum vote of all qualified electors residing within the boundaries of the
proposed service district.

(b) The county board shall make arrangements for the holding of a special election not
less than 30 or more than 90 days after receipt of such petition
on a date authorized by
section 205.10, subdivision 3a, and
within the boundaries of the proposed taxing district.
The question to be submitted and voted upon by the qualified voters within the territory of
the proposed service district shall be phrased substantially as follows:

"Shall a subordinate service district be established in order to provide (service or services
to be provided) financed by (revenue sources)?"

(c) If a majority of those voting on the question favor creation of the proposed subordinate
service district, the district shall be deemed created upon certification of the vote by the
county auditor. The county auditor shall administer the election.

Sec. 26.

Minnesota Statutes 2016, section 410.10, subdivision 1, is amended to read:


Subdivision 1.

Timing; procedure; recall.

Upon delivery of such draft, the council or
other governing body of the city shall cause the proposed charter to be submitted at the next
general election thereafter occurring in the city within six months after the delivery of such
draft, and if there is no general city election occurring in the city within six months after
the delivery of such draft, then the council or other governing body of the city shall cause
the proposed charter to be submitted at a special election to be held within 90 days after the
delivery of such draft
on a date authorized by section 205.10, subdivision 3a. The council
or other governing body may call a special election for that purpose only at any time. If the
election is held at the same time with the general election, the voting places and election
officers shall be the same for both elections. At any time before the council has fixed the
date of the election upon the proposed charter, the charter commission may recall it for
further action; and the council may authorize recall of the charter by the commission at any
later date prior to the first publication of the proposed charter.

Sec. 27.

Minnesota Statutes 2016, section 447.32, subdivision 2, is amended to read:


Subd. 2.

Elections.

Except as provided in this chapter, the Minnesota Election Law
applies to hospital district elections, as far as practicable. Regular elections must be held in
each hospital district at the same time, in the same election precincts, and at the same polling
places as general elections of state and county officers. It may establish the whole district
as a single election precinct or establish two or more different election precincts and polling
places for the elections. If there is more than one precinct, the boundaries of the election
precincts and the locations of the polling places must be defined in the notice of election,
either in full or by reference to a description or map on file in the office of the clerk.

Special elections may be called by the hospital board to vote on any matter required by
law to be submitted to the voters. A special election may not be conducted either during the
56 days before or the 56 days after a regularly scheduled primary or general election,
conducted wholly or partially within the hospital district
must be held on a date authorized
by section 205.10, subdivision 3a
. Special elections must be held within the election precinct
or precincts and at the polling place or places designated by the board. In the case of the
first election of officers of a new district, precincts and polling places must be set by the
governing body of the most populous city or town included in the district.

Advisory ballots may be submitted by the hospital board on any question it wishes,
concerning the affairs of the district, but only at a regular election or at a special election
required for another purpose.

Sec. 28.

Minnesota Statutes 2016, section 475.59, is amended to read:


475.59 MANNER OF SUBMISSION; NOTICE.

Subdivision 1.

Generally; notice.

When the governing body of a municipality resolves
to issue bonds for any purpose requiring the approval of the electors, it shall provide for
submission of the proposition of their issuance at a general or special election or town or
school district meeting. Notice of such election or meeting shall be given in the manner
required by law and shall state the maximum amount and the purpose of the proposed issue.
In any school district, the school board or board of education may, according to its judgment
and discretion, submit as a single ballot question or as two or more separate questions in
the notice of election and ballots the proposition of their issuance for any one or more of
the following, stated conjunctively or in the alternative: acquisition or enlargement of sites,
acquisition, betterment, erection, furnishing, equipping of one or more new schoolhouses,
remodeling, repairing, improving, adding to, betterment, furnishing, equipping of one or
more existing schoolhouses. In any city, town, or county, the governing body may, according
to its judgment and discretion, submit as a single ballot question or as two or more separate
questions in the notice of election and ballots the proposition of their issuance, stated
conjunctively or in the alternative, for the acquisition, construction, or improvement of any
facilities at one or more locations.

Subd. 2.

Election date.

An election to approve issuance of bonds under this section held
by a municipality or school district must be held on a date authorized in section 205.10,
subdivision 3a, or 205A.05, subdivision 1a.

Sec. 29. REPEALER.

Minnesota Statutes 2016, sections 204B.16, subdivision 3; and 205.10, subdivision 3,
are repealed.

Sec. 30. EFFECTIVE DATE.

This article is effective January 1, 2018, and applies to any special election held on or
after that date.

ARTICLE 3

SCHOOL ELECTION ADMINISTRATION

Section 1.

Minnesota Statutes 2016, section 123A.48, subdivision 15, is amended to read:


Subd. 15.

Effective date.

If a majority of the votes cast on the question at the election
approve the consolidation, and if the necessary approving resolutions of boards entitled to
act on the plat have been adopted, the board must, within ten days of the election, notify
the county auditor who shall, within ten days of the notice election or of the expiration of
the period during which an election can be called, issue an order setting a date for the
effective date of the change. The effective date must be July 1 of the year determined by
the board in the original resolution adopted under subdivision 2. The auditor shall mail or
deliver a copy of such order to each auditor holding a copy of the plat and to the clerk of
each district affected by the order and to the commissioner. The board must similarly notify
the county auditor
If the election fails., the proceedings are then terminated and the county
auditor shall so notify the commissioner and the auditors and the clerk of each district
affected.

Sec. 2.

Minnesota Statutes 2016, section 126C.69, subdivision 11, is amended to read:


Subd. 11.

District referendum.

After receipt of the review and comment on the project
and before January 1 of the even-numbered year, the question authorizing the borrowing
of money for the facilities must be submitted by the school board to the voters of the district
at a regular or special election. The question submitted must state the total amount to be
borrowed from all sources. Approval of a majority of those voting on the question is sufficient
to authorize the issuance of the obligations on public sale in accordance with chapter 475.
The face of the ballot must include the following statement: "APPROVAL OF THIS
QUESTION DOES NOT GUARANTEE THAT THE SCHOOL DISTRICT WILL
RECEIVE A CAPITAL LOAN FROM THE STATE. THE LOAN MUST BE APPROVED
BY THE STATE LEGISLATURE AND IS DEPENDENT ON AVAILABLE FUNDING."
The district coordinating county auditor, as defined in section 200.02, subdivision 16b, must
mail to the commissioner a certificate by the clerk auditor showing the vote at the election.

Sec. 3.

Minnesota Statutes 2016, section 200.02, is amended by adding a subdivision to
read:


Subd. 16a.

Coordinating county.

"Coordinating county" means the county where the
school district administrative offices are located.

Sec. 4.

Minnesota Statutes 2016, section 200.02, is amended by adding a subdivision to
read:


Subd. 16b.

Coordinating county auditor.

"Coordinating county auditor" means the
county auditor of the coordinating county.

Sec. 5.

Minnesota Statutes 2016, section 200.02, is amended by adding a subdivision to
read:


Subd. 16c.

Administering county or administering counties.

"Administering county"
or "administering counties" means a county or counties, other than the coordinating county,
that include any part of the school district.

Sec. 6.

Minnesota Statutes 2016, section 201.022, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

The secretary of state shall maintain a statewide voter
registration system to facilitate voter registration and to provide a central database containing
voter registration information from around the state. The system must be accessible to the
county auditor of each county in the state. The system must also:

(1) provide for voters to submit their voter registration applications to any county auditor,
the secretary of state, or the Department of Public Safety;

(2) provide for the definition, establishment, and maintenance of a central database for
all voter registration information;

(3) provide for entering data into the statewide registration system;

(4) provide for electronic transfer of completed voter registration applications from the
Department of Public Safety to the secretary of state or the county auditor;

(5) assign a unique identifier to each legally registered voter in the state;

(6) provide for the acceptance of the Minnesota driver's license number, Minnesota state
identification number, and last four digits of the Social Security number for each voter
record;

(7) coordinate with other agency databases within the state;

(8) allow county auditors and the secretary of state to add or modify information in the
system to provide for accurate and up-to-date records;

(9) allow county auditors, municipal and school district clerks, and the secretary of state
to have electronic access to the statewide registration system for review and search
capabilities;

(10) provide security and protection of all information in the statewide registration
system and ensure that unauthorized access is not allowed;

(11) provide access to municipal clerks to use the system;

(12) provide a system for each county to identify the precinct to which a voter should
be assigned for voting purposes;

(13) provide daily reports accessible by county auditors on the driver's license numbers,
state identification numbers, or last four digits of the Social Security numbers submitted on
voter registration applications that have been verified as accurate by the secretary of state;
and

(14) provide reports on the number of absentee ballots transmitted to and returned and
cast by voters under section 203B.16.

The appropriate state or local official shall provide security measures to prevent
unauthorized access to the computerized list established under section 201.021.

Sec. 7.

Minnesota Statutes 2016, section 201.061, subdivision 3, is amended to read:


Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may register
on election day by appearing in person at the polling place for the precinct in which the
individual maintains residence, by completing a registration application, making an oath in
the form prescribed by the secretary of state and providing proof of residence. An individual
may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant to
section 171.07;

(2) presenting any document approved by the secretary of state as proper identification;

(3) presenting one of the following:

(i) a current valid student identification card from a postsecondary educational institution
in Minnesota, if a list of students from that institution has been prepared under section
135A.17 and certified to the county auditor in the manner provided in rules of the secretary
of state; or

(ii) a current student fee statement that contains the student's valid address in the precinct
together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or an employee employed
by and working in a residential facility in the precinct and vouching for a resident in the
facility, sign an oath in the presence of the election judge vouching that the voter or employee
personally knows that the individual is a resident of the precinct. A voter who has been
vouched for on election day may not sign a proof of residence oath vouching for any other
individual on that election day. A voter who is registered to vote in the precinct may sign
up to eight proof-of-residence oaths on any election day. This limitation does not apply to
an employee of a residential facility described in this clause. The secretary of state shall
provide a form for election judges to use in recording the number of individuals for whom
a voter signs proof-of-residence oaths on election day. The form must include space for the
maximum number of individuals for whom a voter may sign proof-of-residence oaths. For
each proof-of-residence oath, the form must include a statement that the individual: (i) is
registered to vote in the precinct or is an employee of a residential facility in the precinct,
(ii) personally knows that the voter is a resident of the precinct, and (iii) is making the
statement on oath. The form must include a space for the voter's printed name, signature,
telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.

(b) The operator of a residential facility shall prepare a list of the names of its employees
currently working in the residential facility and the address of the residential facility. The
operator shall certify the list and provide it to the appropriate county auditor no less than
20 days before each election for use in election day registration.

(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1
; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5
; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as defined
in section 245A.02, subdivision 14; a residential facility for persons with a developmental
disability licensed by the commissioner of human services under section 252.28; group
residential housing as defined in section 256I.03, subdivision 3; a shelter for battered women
as defined in section 611A.37, subdivision 4; or a supervised publicly or privately operated
shelter or dwelling designed to provide temporary living accommodations for the homeless.

(d) For tribal band members, an individual may prove residence for purposes of
registering by:

(1) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, address, signature, and picture of the individual; or

(2) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, signature, and picture of the individual and also presenting one of the documents
listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 8.

Minnesota Statutes 2016, section 201.061, subdivision 6, is amended to read:


Subd. 6.

Precinct map.

Except as otherwise provided by this subdivision, the county
auditor shall provide each precinct with an accurate precinct map or precinct finder to assist
the election judges in determining whether an address is located in that precinct. A county
auditor may delegate this responsibility as provided in section 201.221, subdivision 4, to a
municipal or school district clerk who prepares precinct maps as provided in section 204B.14,
subdivision 5
.

Sec. 9.

Minnesota Statutes 2016, section 201.225, subdivision 1, is amended to read:


Subdivision 1.

Authority.

A county, or municipality, or school district may use electronic
rosters for any election. In a county, or municipality, or school district that uses electronic
rosters, the head elections official may designate that some or all of the precincts use
electronic rosters. An electronic roster must comply with all of the requirements of this
section. An electronic roster must include information required in section 201.221,
subdivision 3, and any rules adopted pursuant to that section.

Sec. 10.

Minnesota Statutes 2016, section 201.225, subdivision 6, is amended to read:


Subd. 6.

Reporting; certification.

(a) A county, or municipality, or school district that
intends to use electronic rosters in an upcoming election must notify the Office of the
Secretary of State at least 90 days before the first election in which the county, or
municipality, or school district intends to use electronic rosters. The notification must specify
whether all precincts will use electronic rosters, and if not, specify which precincts will be
using electronic rosters. The notification is valid for all subsequent elections, unless revoked
by the county, or municipality, or school district. If precincts within a county, or municipality,
or school district
that were not included in the initial notification intend to use electronic
rosters, a new notification must be submitted.

(b) The county, or municipality, or school district that intends to use electronic rosters
must certify to the Office of the Secretary of State at least 30 days before the election that
the electronic rosters meet all of the requirements in this section.

Sec. 11.

Minnesota Statutes 2016, section 201.27, subdivision 2, is amended to read:


Subd. 2.

Knowledge of violation.

A deputy, clerk, employee, or other subordinate of a
county auditor or municipal or school district clerk who has knowledge or reason to believe
that a violation of this chapter has occurred shall immediately transmit a report of the
knowledge or belief to the county auditor or municipal or school district clerk, together with
any possessed evidence of the violation. Any county auditor or municipal or school district
clerk who has knowledge or reason to believe that a violation of this chapter has occurred
shall immediately transmit a report of the knowledge or belief to the county attorney of the
county where the violation is thought to have occurred, together with any possessed evidence
of the violation. The county auditor or municipal or school district clerk shall also
immediately send a copy of the report to the secretary of state. A violation of this subdivision
is a misdemeanor.

Sec. 12.

Minnesota Statutes 2016, section 203B.01, subdivision 2, is amended to read:


Subd. 2.

Municipal clerk.

"Municipal clerk" means a full-time town or city clerk who
is authorized or required to administer the provisions of sections 203B.04 to 203B.15, as
provided in section 203B.05. "Municipal clerk" also means clerk of the school district who
is authorized or required to administer the provisions of sections 203B.04 to 203B.15, as
provided in section 203B.05 for a school district election not held on the same day as a
statewide election.

Sec. 13.

Minnesota Statutes 2016, section 203B.04, subdivision 1, is amended to read:


Subdivision 1.

Application procedures.

(a) Except as otherwise allowed by subdivision
2 or by section 203B.11, subdivision 4, an application for absentee ballots for any election
may be submitted at any time not less than one day before the day of that election. The
county auditor shall prepare absentee ballot application forms in the format provided by the
secretary of state and shall furnish them to any person on request. By January 1 of each
even-numbered year, the secretary of state shall make the forms to be used available to
auditors through electronic means. An application submitted pursuant to this subdivision
shall be in writing. An application may be submitted in person, by electronic facsimile
device, by electronic mail, or by mail to:

(1) the county auditor of the county where the applicant maintains residence; or

(2) the municipal clerk of the municipality, or school district if applicable, where the
applicant maintains residence.

For a federal, state, or county election, an absentee ballot application may alternatively be
submitted electronically through a secure Web site that shall be maintained by the secretary
of state for this purpose. Notwithstanding paragraph (b), the secretary of state must require
applicants using the Web site to submit the applicant's e-mail address and verifiable
Minnesota driver's license number, Minnesota state identification card number, or the last
four digits of the applicant's Social Security number.

An application submitted electronically under this paragraph may only be transmitted to
the county auditor for processing if the secretary of state has verified the application
information matches the information in a government database associated with the applicant's
driver's license number, state identification card number, or Social Security number. The
secretary of state must review all unverifiable applications for evidence of suspicious activity
and must forward any such application to an appropriate law enforcement agency for
investigation.

(b) An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses, date of birth,
and at least one of the following:

(1) the applicant's Minnesota driver's license number;

(2) Minnesota state identification card number;

(3) the last four digits of the applicant's Social Security number; or

(4) a statement that the applicant does not have any of these numbers.

(c) To be approved, the application must contain an oath that the information contained
on the form is accurate, that the applicant is applying on the applicant's own behalf, and
that the applicant is signing the form under penalty of perjury.

(d) An applicant's full date of birth, Minnesota driver's license or state identification
number, and the last four digits of the applicant's Social Security number must not be made
available for public inspection. An application may be submitted to the county auditor or
municipal clerk by an electronic facsimile device. An application mailed or returned in
person to the county auditor or municipal clerk on behalf of a voter by a person other than
the voter must be deposited in the mail or returned in person to the county auditor or
municipal clerk within ten days after it has been dated by the voter and no later than six
days before the election. The absentee ballot applications or a list of persons applying for
an absentee ballot may not be made available for public inspection until the close of voting
on election day, except as authorized in section 203B.12.

(e) An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot application.

Sec. 14.

Minnesota Statutes 2016, section 203B.05, subdivision 2, is amended to read:


Subd. 2.

City, school district, and town elections.

For city, and town, and school district
elections not held on the same day as a statewide election, applications for absentee ballots
shall be filed with the city, school district, or town clerk and the duties prescribed by this
chapter for the county auditor shall be performed by the city, school district, or town clerk
unless the county auditor agrees to perform those duties on behalf of the city, school district,
or town clerk. For school district elections not held on the same day as a statewide election,
applications for absentee ballots shall be filed with the county auditor of the county where
the applicant maintains residence. The county auditors of the coordinating county and
administering counties must perform the duties prescribed by this chapter for school district
elections. The coordinating county auditor must coordinate and oversee absentee voting in
all counties in the school district.
The costs incurred to provide absentee ballots and perform
the duties prescribed by this subdivision shall be paid by the city, or town, or school district
holding the election. The school district shall reimburse the coordinating county and any
administering counties for the costs incurred to provide absentee ballots and perform the
duties prescribed in this subdivision.

Notwithstanding any other law, this chapter applies to school district elections held on
the same day as a statewide election or an election for a county or municipality wholly or
partially within the school district.

Sec. 15.

Minnesota Statutes 2016, section 203B.11, subdivision 1, is amended to read:


Subdivision 1.

Generally.

Each full-time municipal clerk or school district clerk who
has authority under section 203B.05 to administer absentee voting laws shall designate
election judges to deliver absentee ballots in accordance with this section. The county auditor
must also designate election judges to perform the duties in this section. A ballot may be
delivered only to an eligible voter who is a temporary or permanent resident or patient in a
health care facility or hospital located in the municipality in which the voter maintains
residence. The ballots shall be delivered by two election judges, each of whom is affiliated
with a different major political party. When the election judges deliver or return ballots as
provided in this section, they shall travel together in the same vehicle. Both election judges
shall be present when an applicant completes the certificate of eligibility and marks the
absentee ballots, and may assist an applicant as provided in section 204C.15. The election
judges shall deposit the return envelopes containing the marked absentee ballots in a sealed
container and return them to the clerk on the same day that they are delivered and marked.

Sec. 16.

Minnesota Statutes 2016, section 203B.121, subdivision 1, is amended to read:


Subdivision 1.

Establishment; applicable laws.

(a) The governing body of each county,
and municipality, and school district with responsibility to accept and reject absentee ballots
must, by ordinance or resolution, establish a ballot board. The coordinating county board
must, by ordinance or resolution, establish a ballot board for school district elections.
The
board must consist of a sufficient number of election judges trained in the handling of
absentee ballots and appointed as provided in sections 204B.19 to 204B.22. The board may
include deputy county auditors or deputy city clerks who have received training in the
processing and counting of absentee ballots.

(b) Each jurisdiction must pay a reasonable compensation to each member of that
jurisdiction's ballot board for services rendered during an election.

(c) Except as otherwise provided by this section, all provisions of the Minnesota Election
Law apply to a ballot board.

Sec. 17.

Minnesota Statutes 2016, section 203B.121, subdivision 2, is amended to read:


Subd. 2.

Duties of ballot board; absentee ballots.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) the reason for rejection; and

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

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

Sec. 18.

Minnesota Statutes 2016, section 203B.15, is amended to read:


203B.15 ADMINISTRATIVE EXPENSES.

Each county shall pay the expenses incurred by its county auditor and, each municipality
or school district shall pay the expenses incurred by its clerk, and each school district shall
pay the expenses incurred by the coordinating county and any administering counties
for
administering the provisions of sections 203B.04 to 203B.15.

Sec. 19.

Minnesota Statutes 2016, section 204B.181, subdivision 2, is amended to read:


Subd. 2.

County elections emergency plans.

(a) County election officials, in consultation
with the political subdivision's local organization for emergency management established
under section 12.25 and the municipalities and school districts within the county, must
develop a county elections emergency plan to be made available for use in all state, county,
municipal, and school district elections held in that county.

(b) In developing the county elections emergency plan, the county must address the
needs of voters with disabilities in all aspects of the plan. Where ballot security is affected,
the plan must provide procedures to maintain the security of the ballots. When an emergency
requires the relocation of the polling place, the plan must include procedures for securing
the ballots and voting equipment, notifying the public and other government officials, and
restoring voting activities as soon as possible. If the county contains jurisdictions that cross
county lines, the affected counties must make efforts to ensure that the emergency procedures
affecting the local jurisdiction are uniform throughout the jurisdiction.

(c) Cities, and towns, and school districts may create a local elections emergency plan
that meets the requirements of the county elections emergency plan. If a local jurisdiction
creates a local elections emergency plan, the procedures within the local elections emergency
plan govern in all election emergencies within that local jurisdiction.

(d) County election officials and any municipality with a local elections emergency plan
must review their county or local elections emergency plan prior to each state general
election. Any revisions to the county or local elections emergency plan must be completed
and filed with the secretary of state by July 1 prior to the state general election.

Sec. 20.

Minnesota Statutes 2016, section 204B.25, subdivision 4, is amended to read:


Subd. 4.

Training for local election officials.

At least once every two years, the county
auditor shall conduct training sessions for the municipal and school district clerks in the
county. The training sessions must be conducted in the manner provided by the secretary
of state. No local election official may administer an election without receiving training
from the county auditor.

Sec. 21.

Minnesota Statutes 2016, section 204B.29, is amended to read:


204B.29 ELECTION JUDGES; ELECTION SUPPLIES; DUTIES.

Subdivision 1.

Securing election materials.

Before 9:00 p.m. on the day preceding an
election, at least one election judge from each precinct in each municipality, or school
district if applicable, shall secure voter registration files, ballots, forms, envelopes and other
required supplies from the municipal clerk, school district clerk coordinating county auditor,
or other legal custodian. The election judge shall deliver the materials to the polling place
before the time when voting is scheduled to begin on election day. The county auditor shall
send or deliver the election supplies enumerated in this section to the election judges in the
precincts in unorganized territory. The election supplies may be sent by certified mail, parcel
post, express mail or any other postal service providing assured delivery by no later than
the day before the election. If the election supplies are delivered by any other means, they
shall be delivered by no later than the day before the election.

Each precinct shall be furnished with 100 ballots of each kind for every 85 individuals
who voted in that precinct at the last election for the same office or on similar questions, or
with ballots of each kind in an amount at least ten percent greater than the number of votes
which are reasonably expected to be cast in that precinct in that election, whichever supply
of ballots is greater. No precinct shall be furnished with any ballots containing the name of
any candidate who cannot properly be voted for in that precinct.

The election judges shall be responsible for the preservation of all election materials
received by them until returned to the appropriate election officials after the voting has
ended.

Subd. 2.

Failure of election judges to secure materials.

If no election judge secures
the election materials for a precinct in any municipality, or school district if applicable, as
provided in subdivision 1, the municipal or school district clerk or coordinating county
auditor
shall deliver them to an election judge for that precinct not later than the time when
voting is scheduled to begin. The municipal or school district clerk or coordinating county
auditor
shall require the election judge accepting delivery of the election supplies to sign a
receipt for them. The election judges of that precinct shall pay the expenses of delivery of
the materials and shall be liable for the penalty provided by law for neglect of duty.

Sec. 22.

Minnesota Statutes 2016, section 204B.32, is amended to read:


204B.32 ELECTION EXPENSES; PAYMENT.

Subdivision 1.

Payment.

(a) The secretary of state shall pay the compensation for
presidential electors and all necessary expenses incurred by the secretary of state in
connection with elections.

(b) The counties shall pay the compensation prescribed in section 204B.31, clauses (2)
and (3), the cost of printing the state general election ballots when machines are used, the
state partisan primary ballots, and the state and county nonpartisan primary ballots, all
necessary expenses incurred by county auditors in connection with elections, and the expenses
of special county elections.

(c) Subject to subdivision 2, the municipalities shall pay the compensation prescribed
for election judges and sergeants at arms, the cost of printing the municipal ballots, providing
ballot boxes, providing and equipping polling places and all necessary expenses of the
municipal clerks in connection with elections, except special county elections.

(d) The school districts shall pay the compensation prescribed for election judges and
sergeants-at-arms, the cost of printing the school district ballots, providing ballot boxes,
providing and equipping polling places and all necessary expenses of the school district
clerks in connection with school district elections not held in conjunction with state elections.

When school district elections are held in conjunction with state elections, the school district
shall pay must reimburse the coordinating county for the costs of printing the school district
ballots, providing ballot boxes, and all necessary expenses of the school district clerk
coordinating county or administering counties. When school district elections are not held
in conjunction with state elections, the school district must reimburse the coordinating
county for the following costs incurred in the coordinating county or any administering
county: the compensation prescribed for election judges and sergeants-at-arms, the cost of
printing the school district ballots, providing ballot boxes, providing and equipping polling
places, and all necessary expenses of the coordinating county and administering counties
.

(e) All disbursements under this section shall be presented, audited, and paid as in the
case of other public expenses.

Subd. 2.

Allocation of election expenses.

The secretary of state shall develop procedures
for the allocation of election expenses among counties, municipalities, and school districts
for elections that are held concurrently. The following expenses must be included in the
procedures: salaries of election judges; postage for absentee ballots and applications;
preparation of polling places; preparation and testing of electronic voting systems; ballot
preparation; publication of election notices and sample ballots; transportation of ballots and
election supplies; and compensation for administrative expenses of the county auditor,
coordinating county auditor, administering county auditor, or municipal clerk, or school
district clerk
. The costs attributable to the school district election must be paid by the school
district to the coordinating county auditor.

Subd. 3.

School district reimbursement of county costs.

For all school district elections,
each administering county must submit to the coordinating county an itemized list of expenses
for conducting the administering county's share of the school district election. The
coordinating county auditor must seek reimbursement from the school district for the total
cost of the school district election. The coordinating county auditor must then reimburse
each administering county for that county's share of the election expenses.

Sec. 23.

Minnesota Statutes 2016, section 204B.40, is amended to read:


204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
DISPOSITION; INSPECTION OF BALLOTS.

The county auditors, municipal clerks, and school district clerks coordinating county
auditor
shall retain all election materials returned to them after any election for at least 22
months from the date of that election. All election materials involved in a contested election
must be retained for 22 months or until the contest has been finally determined, whichever
is later. Abstracts filed by canvassing boards shall be retained permanently by any officer
with whom those abstracts are filed. Election materials no longer required to be retained
pursuant to this section shall be disposed of in accordance with sections 138.163 to 138.21.
Sealed envelopes containing voted ballots must be retained unopened, except as provided
in this section, in a secure location. The county auditor, municipal clerk, or school district
clerk
coordinating county auditor shall not permit any voted ballots to be tampered with or
defaced.

After the time for filing a notice of contest for an election has passed, the secretary of
state may, for the purpose of monitoring and evaluating election procedures: (1) open the
sealed ballot envelopes and inspect the ballots for that election maintained by the county
auditors, municipal clerks, or school district clerks coordinating county auditor; (2) inspect
the polling place rosters and completed voter registration applications; or (3) examine other
forms required in the Minnesota election laws for use in the polling place. No inspected
ballot or document may be marked or identified in any manner. After inspection, all ballots
must be returned to the ballot envelope and the ballot envelope must be securely resealed.
Any other election materials inspected or examined must be secured or resealed. No polling
place roster may be inspected until the voting history for that precinct has been posted. No
voter registration application may be inspected until the information on it has been entered
into the statewide registration system.

Sec. 24.

Minnesota Statutes 2016, section 204B.46, is amended to read:


204B.46 MAIL ELECTIONS; QUESTIONS.

A county, municipality, or school district submitting questions to the voters at a special
election may conduct an election by mail with no polling place other than the office of the
auditor or clerk. No offices may be voted on at a mail election. Notice of the election must
be given to the county auditor at least 74 days prior to the election. This notice shall also
fulfill the requirements of Minnesota Rules, part 8210.3000. The special mail ballot
procedures must be posted at least six weeks prior to the election. Not more than 46 nor
later than 14 days prior to the election, the auditor or clerk shall mail ballots by
nonforwardable mail to all voters registered in the county, municipality, or school district.
No later than 14 days before the election, the auditor or clerk must make a subsequent
mailing of ballots to those voters who register to vote after the initial mailing but before the
20th day before the election. Eligible voters not registered at the time the ballots are mailed
may apply for ballots pursuant to chapter 203B. The auditor or clerk must appoint a ballot
board to examine the mail and absentee ballot return envelopes and mark them "Accepted"
or "Rejected" within three days of receipt if there are 14 or fewer days before election day,
or within five days of receipt if there are more than 14 days before election day. The board
may consist of deputy county auditors, or deputy municipal clerks, or deputy school district
clerks
who have received training in the processing and counting of mail ballots, who need
not be affiliated with a major political party. Election judges performing the duties in this
section must be of different major political parties, unless they are exempt from that
requirement under section 205.075, subdivision 4, or section 205A.10. If an envelope has
been rejected at least five days before the election, the ballots in the envelope must remain
sealed and the auditor or clerk must provide the voter with a replacement ballot and return
envelope in place of the spoiled ballot. If the ballot is rejected within five days of the election,
the envelope must remain sealed and the official in charge of the ballot board must attempt
to contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
rejected. The official must document the attempts made to contact the voter.

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

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

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

Sec. 25.

Minnesota Statutes 2016, section 204C.08, subdivision 4, is amended to read:


Subd. 4.

Ballot box boxcar seals.

The governing body of a municipality or school district
by resolution may direct the municipal or school district clerk or coordinating county auditor
to furnish a boxcar seal for each ballot box in place of a lock and key. Each seal shall consist
of a numbered strap with a self-locking device securely attached to one end of the strap so
that the other end may be inserted and securely locked in the seal. No two straps shall bear
the same number.

Sec. 26.

Minnesota Statutes 2016, section 204C.20, subdivision 4, is amended to read:


Subd. 4.

Ballots not counted; disposition.

When the final count of ballots agrees with
the number of ballots to be counted, those ballots not counted shall be attached to a certificate
made by the election judges which states why the ballots were not counted. The certificate
and uncounted ballots shall be sealed in a separate envelope and returned to the county
auditor or, municipal or school district clerk, or coordinating county auditor from whom
they were received.

Sec. 27.

Minnesota Statutes 2016, section 204C.25, is amended to read:


204C.25 DISPOSITION OF BALLOTS.

After the count and the summary statements have been completed, in the presence of
all the election judges, the counted, defective, and blank ballots shall be placed in envelopes,
and the envelopes shall be sealed. The election judges shall sign each envelope over the
sealed part so that the envelope cannot be opened without disturbing the continuity of the
signatures. The number of ballots in each envelope, the name of the town or city, and the
name of the precinct shall be plainly written upon the envelopes. The number and name of
the district must be plainly written on envelopes containing school district ballots. The
spoiled ballots shall be placed in separate envelopes and returned with the unused ballots
to the county auditor or, municipal or school district clerk, or coordinating county auditor
from whom they were received.

Sec. 28.

Minnesota Statutes 2016, section 204C.26, subdivision 3, is amended to read:


Subd. 3.

Secretary of state.

No later than ten weeks before the state primary in each
even-numbered year, the secretary of state shall prescribe the form for summary statements
of election returns and the methods by which returns for the state primary and state general
election shall be recorded by precinct, county, and state election officials. Each county
auditor and, municipal or school district clerk, and coordinating county auditor required to
furnish summary statements shall prepare them in the manner prescribed by the secretary
of state. The summary statement of the primary returns shall be in the same form as the
summary statement of the general election returns except that a separate part of the summary
statement shall be provided for the partisan primary ballot and a separate part for the
nonpartisan primary ballot.

Sec. 29.

Minnesota Statutes 2016, section 204C.27, is amended to read:


204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.

One or more of the election judges in each precinct shall deliver two sets of summary
statements; all spoiled ballots; and the envelopes containing the ballots either directly to
the municipal clerk for transmittal to the county auditor's office or directly to the county
auditor's office as soon as possible after the vote counting is completed but no later than 24
hours after the end of the hours for voting. One or more election judges shall deliver the
remaining set of summary statements and returns, all unused and spoiled municipal and
school district ballots, the envelopes containing municipal and school district ballots, and
all other things furnished by the municipal or school district clerk or coordinating county
auditor
, to the municipal or school district clerk's or coordinating county auditor's office
within 24 hours after the end of the hours for voting. The municipal or school district clerk
or coordinating county auditor shall return all polling place rosters and completed voter
registration cards to the county auditor within 48 hours after the end of the hours for voting.

Sec. 30.

Minnesota Statutes 2016, section 204C.28, subdivision 3, is amended to read:


Subd. 3.

School district returns and materials.

At a school district election held in
conjunction with a state election, the county auditor or municipal clerk shall deliver the
summary statements of the school district election returns, all unused and spoiled school
district ballots, and the envelope containing the school district ballots from each precinct
to the clerk of the appropriate school district coordinating county auditor within 48 hours
after the polls close.

Sec. 31.

Minnesota Statutes 2016, section 204C.29, subdivision 1, is amended to read:


Subdivision 1.

Failure of election judges to make delivery; penalty.

If the election
judges fail to deliver returns as required by section 204C.27, the county auditor or, municipal
or school district clerk, or coordinating county auditor to whom the returns should have
been delivered shall dispatch a special messenger to obtain them. The messenger shall
receive the same compensation as an election judge would receive for performing the same
service and shall be subject to the same penalties as an election judge for violation of any
provision of the Minnesota Election Law.

Sec. 32.

Minnesota Statutes 2016, section 204C.36, subdivision 1, is amended to read:


Subdivision 1.

Publicly funded recounts.

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

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

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

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

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

Sec. 33.

Minnesota Statutes 2016, section 204C.36, subdivision 2, is amended to read:


Subd. 2.

Discretionary candidate recounts.

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

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

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

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

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

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

Sec. 34.

Minnesota Statutes 2016, section 204C.36, subdivision 3, is amended to read:


Subd. 3.

Discretionary ballot question recounts.

A recount may be conducted for a
ballot question when the difference between the votes for and the votes against the question
is less than or equal to the difference provided in subdivision 1. A recount may be requested
by any person eligible to vote on the ballot question. A written request for a recount must
be filed with the filing officer of the county, municipality, or school district municipal clerk,
county auditor, or coordinating county auditor
placing the question on the ballot and must
be accompanied by a petition containing the signatures of 25 voters eligible to vote on the
question. Upon receipt of a written request when the difference between the votes for and
the votes against the question is less than or equal to the difference provided in subdivision
1, the county auditor shall recount the votes for a county question at the expense of the
county, the governing body of the municipality shall recount the votes for a municipal
question at the expense of the municipality, and the school board of the school district
coordinating county auditor shall recount the votes for a school district question at the
expense of the school district. If the difference between the votes for and the votes against
the question is greater than the difference provided in subdivision 1, the person requesting
the recount shall also file with the filing officer of the county, municipality, or school district
a bond, cash, or surety in an amount set by the appropriate governing body for the payment
of recount expenses. The written request, petition, and any bond, cash, or surety required
must be filed during the time for notice of contest for the election for which the recount is
requested.

Sec. 35.

Minnesota Statutes 2016, section 204C.36, subdivision 5, is amended to read:


Subd. 5.

Notice of contest.

Time for notice of contest of a nomination or election to a
county office which is recounted pursuant to this section shall begin to run upon certification
of the results of the recount by the county canvassing board. Time for notice of contest of
a nomination or election to a municipal office which is recounted pursuant to this section
shall begin to run upon certification of the results by the governing body of the municipality.
Time for notice of contest of a school district election that is recounted under this subdivision
begins to run on certification of the results of the recount by the school board district
canvassing boards
.

Sec. 36.

Minnesota Statutes 2016, section 204D.09, subdivision 1, is amended to read:


Subdivision 1.

Example ballot.

No later than May 1 of each year, the secretary of state
shall supply each auditor with a copy of an example ballot to be used at the state primary
and state general election. The example ballot must illustrate the format required for the
ballots used in the primary and general elections that year. The county auditor shall distribute
copies of the example ballot to municipal and school district clerks in municipalities and
school districts
holding elections that year. The official ballot must conform in all respects
to the example ballot.

Sec. 37.

Minnesota Statutes 2016, section 205A.03, subdivision 3, is amended to read:


Subd. 3.

Candidates, filing.

The clerk coordinating county auditor shall place upon the
primary ballot without partisan designation the names of individuals whose candidacies
have been filed and for whom the proper filing fee has been paid. When not more than twice
as many school board candidates as there are at-large school board positions available file
for nomination for the office or when not more than two candidates for a specified school
board position file for nomination for that office, their names must not be placed upon the
primary ballot and must be placed on the school district general election ballot as the
nominees for that office. When more than one school board member is to be elected for full
terms at the same election, the candidates' names shall be placed under one office on the
ballot with the number to be elected to the office specified directly underneath the title and
identification of the office.

Sec. 38.

Minnesota Statutes 2016, section 205A.03, subdivision 4, is amended to read:


Subd. 4.

Results.

(a) The school district primary must be conducted and the returns
made in the manner provided for the state primary as far as practicable. If the primary is
conducted:

(1) only within that school district, A canvass may be conducted on either the second
or third day after the primary; or

(2) in conjunction with the state primary, the canvass must be conducted on the third
day after the primary, except as otherwise provided in paragraph (b)
.

The school board of the school district canvassing board shall canvass the returns, and
the two candidates for each specified school board position who receive the highest number
of votes, or a number of candidates equal to twice the number of individuals to be elected
to at-large school board positions who receive the highest number of votes, are the nominees
for the office named. Their names must be certified to the school district clerk coordinating
county auditor
who shall place them on the school district general election ballot without
partisan designation and without payment of an additional fee.

(b) Following a school district primary as described in paragraph (a), clause (2), a canvass
may be conducted on the second day after the primary if the county auditor of each county
in which the school district is located agrees to administratively review the school district's
primary voting statistics for accuracy and completeness within a time that permits the canvass
to be conducted on that day.

Sec. 39.

Minnesota Statutes 2016, section 205A.04, subdivision 3, is amended to read:


Subd. 3.

Change in year of general election.

The school board may, by resolution,
change the year in which the school district general election will be held. The resolution
must be approved no later than four weeks before the first day to file affidavits of candidacy
for the general election. A plan for the orderly transition to the new election year must be
included in the resolution. The terms of school board members may be lengthened or
shortened by one year as a part of the transition process. Within seven days of adoption,
the school board must transmit a copy of the resolution to the coordinating county auditor.

Sec. 40.

Minnesota Statutes 2016, section 205A.05, subdivision 3, is amended to read:


Subd. 3.

Cancellation.

A special election ordered by the school board on its own motion
under subdivision 1 may be canceled by motion of the school board, but not less than 74
days before an election held in conjunction with a regularly scheduled election for federal,
state, county, city, or school board office or a special election for federal office, or 46 days
before any other election. Within three days of adoption, the school board must notify the
county auditor of the coordinating county that the election is canceled.

Sec. 41.

Minnesota Statutes 2016, section 205A.055, subdivision 2, is amended to read:


Subd. 2.

Postponement of election.

(a) In the event of severe or inclement weather, the
school district clerk coordinating county auditor may postpone an election when the National
Weather Service or a law enforcement agency has issued storm warnings or travel advisories
indicating that the weather conditions would make travel to a polling place difficult or
hazardous for voters and election judges. When one or more jurisdictions are holding
elections in conjunction with one another, the jurisdiction that covers the largest geographic
area has the authority, after consulting with the other auditors and clerks, to make the decision
to postpone all of the elections. A decision to postpone an election must apply to every
precinct in the jurisdiction.

(b) A decision to postpone an election must be made no later than 6:00 p.m. on the day
before the election. The clerk coordinating county auditor must contact the election judges
and notify local media outlets of the postponement. The clerk and coordinating county
auditor
must also post a notice on the each jurisdiction's Web site, if practicable.

(c) A postponed election must be rescheduled for the next following Tuesday after the
election was originally scheduled. The date on which the postponed election will be held
shall be considered the date of the election for purposes of absentee voting under chapter
203B. An election that is postponed due to weather may be postponed again if necessary
under this section.

Sec. 42.

Minnesota Statutes 2016, section 205A.06, subdivision 1, is amended to read:


Subdivision 1.

Affidavit of candidacy.

An individual who is eligible and desires to
become a candidate for an office to be voted on at the election must file an affidavit of
candidacy with the school district clerk coordinating county auditor. The affidavit must be
in the form prescribed by section 204B.06. The school district clerk coordinating county
auditor
shall also accept an application signed by at least five voters and filed on behalf of
an eligible voter in the school district whom they desire to be a candidate, if service of a
copy of the application has been made on the candidate and proof of service is endorsed on
the application being filed. No individual shall be nominated by nominating petition for a
school district elective office. Upon receipt of the proper filing fee, the clerk coordinating
county auditor
shall place the name of the candidate on the official ballot without partisan
designation.

Sec. 43.

Minnesota Statutes 2016, section 205A.06, subdivision 1a, is amended to read:


Subd. 1a.

Filing period.

In school districts that have adopted a resolution to choose
nominees for school board by a primary election, affidavits of candidacy must be filed with
the school district clerk auditor of the coordinating county no earlier than the 84th day and
no later than the 70th day before the second Tuesday in August in the year when the school
district general election is held. In all other school districts, affidavits of candidacy must be
filed no earlier than the 98th day and no later than the 84th day before the school district
general election.

Sec. 44.

Minnesota Statutes 2016, section 205A.06, subdivision 2, is amended to read:


Subd. 2.

Notice of filing dates.

At least two weeks before the first day to file affidavits
of candidacy, the school district clerk coordinating county auditor shall publish a notice in
the official newspaper stating the first and last dates on which affidavits of candidacy may
be filed in the clerk's coordinating county auditor's office and the closing time for filing on
the last day for filing. The school district clerk shall post a similar notice in the administrative
offices of the school district at least ten days before the first day to file affidavits of
candidacy.

Sec. 45.

Minnesota Statutes 2016, section 205A.06, subdivision 5, is amended to read:


Subd. 5.

Withdrawal.

A candidate for a school district elective office may withdraw
from the election by filing an affidavit of withdrawal with the school district clerk
coordinating county auditor no later than 5:00 p.m. two days after the last day for filing
affidavits of candidacy. After that date, no candidate may file an affidavit of withdrawal.

Sec. 46.

Minnesota Statutes 2016, section 205A.07, subdivision 1, is amended to read:


Subdivision 1.

Publication and posting.

The clerk of a school district coordinating
county auditor
shall give two weeks' published notice and give ten days' posted notice of a
school district primary, general, or special election, stating the time of the election, the
location of each polling place, the offices to be filled, and all propositions or questions to
be voted upon at the primary, general, or special election. The notice shall be posted for
public inspection
in the administrative offices of the school district for public inspection
and at the county seat of the coordinating county and each administering county
.

Sec. 47.

Minnesota Statutes 2016, section 205A.07, subdivision 2, is amended to read:


Subd. 2.

Sample ballot, posting.

For every school district primary, general, or special
election, the school district clerk shall at least four days before the primary, general, or
special election, post a sample ballot in the administrative offices of the school district for
public inspection, and. The auditor of the coordinating county and each administering county
must post a sample ballot at the county seat. The coordinating county auditor
shall post a
sample ballot in each polling place on election day.

Sec. 48.

Minnesota Statutes 2016, section 205A.07, subdivision 3, is amended to read:


Subd. 3.

Notice to auditor.

At least 74 days before every school district election, the
school district clerk coordinating county auditor shall provide a written notice to the county
auditor of each administering county in which the school district is located. The notice must
include the date of the election, the offices to be voted on at the election, and the title and
language for each ballot question to be voted on at the election. For the purposes of meeting
the timelines of this section, in a bond election, a notice, including a proposed question,
may be provided to the county auditor before receipt of a review and comment from the
commissioner of education and before actual initiation of the election. At least 74 days
before every school district election, the school district clerk must provide written notice
to the county auditor of any special election canceled under section 205A.05, subdivision
3
.

Sec. 49.

Minnesota Statutes 2016, section 205A.07, subdivision 3a, is amended to read:


Subd. 3a.

Notice to commissioner of education.

At least 74 days before every school
district election under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the school
district clerk
coordinating county auditor shall provide a written notice to the commissioner
of education. The notice must include the date of the election and the title and language for
each ballot question to be voted on at the election. At least 74 days before every school
district election, the school district clerk coordinating county auditor must provide a written
notice to the commissioner of education of any special election canceled under section
205A.05, subdivision 3. The certified vote totals for each ballot question shall be provided
in a written notice to the commissioner in a timely manner.

Sec. 50.

Minnesota Statutes 2016, section 205A.07, subdivision 3b, is amended to read:


Subd. 3b.

Notice to secretary of state.

At least 74 days before every school district
election for which a notice is provided to the county auditor under subdivision 3, the county
auditor shall provide a notice of the election to the secretary of state, in a manner and
including information prescribed by the secretary of state.

Sec. 51.

Minnesota Statutes 2016, section 205A.08, subdivision 5, is amended to read:


Subd. 5.

Form of ballot.

The ballots for school district elections must be prepared by
the school district clerk coordinating county auditor in the manner provided in the rules of
the secretary of state.

Sec. 52.

Minnesota Statutes 2016, section 205A.10, subdivision 1, is amended to read:


Subdivision 1.

Materials, ballots.

The school district clerk coordinating county auditor
shall prepare and have printed the necessary election materials, including ballots, for a
school district election. The names must be arranged on school district ballots in the manner
provided in section 204D.08, subdivision 3, for state elections.

Sec. 53.

Minnesota Statutes 2016, section 205A.10, subdivision 2, is amended to read:


Subd. 2.

Election, conduct.

A school district election must be by secret ballot and must
be held and the returns made in the manner provided for the state general election, as far as
practicable. The vote totals from a ballot board established pursuant to section 203B.121
may be tabulated and reported by the school district as a whole rather than by precinct. For
school district elections not held in conjunction with a statewide election, the school board
shall appoint election judges as provided in section 204B.21, subdivision 2. The provisions
of sections 204B.19, subdivision 5; 204B.21, subdivision 2; 204C.15; 204C.19; 206.83;
and 206.86, subdivision 2, relating to party balance in appointment of judges and to duties
to be performed by judges of different major political parties do not apply to school district
elections not held in conjunction with a statewide election.

Sec. 54.

Minnesota Statutes 2016, section 205A.10, subdivision 3, is amended to read:


Subd. 3.

Canvass of returns, certificate of election, ballots, disposition.

Between the
third and tenth days after a school district election other than a recount of a special election
conducted under section 126C.17, subdivision 9, or 475.59, the school board district
canvassing board
shall canvass the returns and declare the results of the election. After the
time for contesting elections has passed, the school district clerk coordinating county auditor
shall issue a certificate of election to each successful candidate. If there is a contest, the
certificate of election to that office must not be issued until the outcome of the contest has
been determined by the proper court. If there is a tie vote, the school board coordinating
county auditor
shall determine the result by lot. The clerk coordinating county auditor shall
deliver the certificate of election to the successful candidate by personal service or certified
mail. The successful candidate shall file an acceptance and oath of office in writing with
the clerk coordinating county auditor within 30 days of the date of mailing or personal
service. A person who fails to qualify prior to the time specified shall be deemed to have
refused to serve, but that filing may be made at any time before action to fill the vacancy
has been taken. The school district clerk shall certify the results of the election to the county
auditor, and the clerk
coordinating county auditor shall be the final custodian of the ballots
and the returns of the election. The coordinating county auditor must notify the school
district clerk of the election results.

A school district canvassing board shall perform the duties of the school board according
to the requirements of this subdivision for a recount of a special election conducted under
section 126C.17, subdivision 9, or 475.59.

Sec. 55.

Minnesota Statutes 2016, section 205A.10, subdivision 5, is amended to read:


Subd. 5.

School district canvassing board.

For the purpose of a recount of a special
election conducted under section 126C.17, subdivision 9, or 475.59, the school district
canvassing board shall consist of one member of the school board other than the clerk,
selected by the board, the clerk of the school board, the coordinating county auditor of the
county in which the greatest number of school district residents reside
, the county auditor
from each coordinating county,
the court administrator of the district court of the judicial
district in which the greatest number of school district residents reside, and the mayor or
chair of the town board of the school district's most populous municipality. Any member
of the canvassing board may appoint a designee to appear at the meeting of the board, except
that no designee may be a candidate for public office. If one of the individuals fails to appear
at the meeting of the canvassing board, the county auditor shall appoint an eligible voter of
the school district, who must not be a member of the school board, to fill the vacancy. Not
more than two school board members shall serve on the canvassing board at one time. Four
members constitute a quorum.

The school district canvassing board shall serve as the school district canvassing board
for
canvass the election of school board members.

Sec. 56.

Minnesota Statutes 2016, section 205A.11, subdivision 2a, is amended to read:


Subd. 2a.

Notice of special elections.

The school district clerk coordinating county
auditor
shall prepare a notice to the voters who will be voting in a combined polling place
for
eligible to vote in a school district special election. The notice must include the following
information: the date of the election, the hours of voting, and the location of the voter's
polling place. The notice must be sent by nonforwardable mail to every affected household
in the school district with at least one registered voter. The notice must be mailed no later
than 14 days before the election. The mailed notice is not required for a school district
special election that is held on the second Tuesday in August, the Tuesday following the
first Monday in November, or for a special election conducted entirely by mail. A notice
that is returned as undeliverable must be forwarded immediately to the county auditor.

Sec. 57.

Minnesota Statutes 2016, section 209.021, subdivision 3, is amended to read:


Subd. 3.

Notice served on parties.

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

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

Sec. 58.

Minnesota Statutes 2016, section 211B.11, subdivision 1, is amended to read:


Subdivision 1.

Soliciting near polling places.

A person may not display campaign
material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
a polling place or within 100 feet of the building in which a polling place is situated, or
anywhere on the public property on which a polling place is situated, on primary or election
day to vote for or refrain from voting for a candidate or ballot question. A person may not
provide political badges, political buttons, or other political insignia to be worn at or about
the polling place on the day of a primary or election. A political badge, political button, or
other political insignia may not be worn at or about the polling place on primary or election
day. This section applies to areas established by the county auditor or municipal clerk for
absentee voting as provided in chapter 203B.

The secretary of state, county auditor, municipal clerk, or school district clerk
coordinating county auditor may provide stickers which that contain the words "I VOTED"
and nothing more. Election judges may offer a sticker of this type to each voter who has
signed the polling place roster or voter signature certificate.

Sec. 59. REVISOR'S INSTRUCTION.

The revisor of statutes must make any corrections to cross-references made necessary
by this article. The revisor of statutes must make any changes to statutory language to reflect
the changes made in this article.

Sec. 60. REPEALER.

Minnesota Statutes 2016, sections 201.096; 205A.09; 205A.11, subdivisions 2 and 3;
and 205A.12, subdivision 5a,
are repealed.

Sec. 61. EFFECTIVE DATE.

This article is effective January 1, 2018, and applies to school elections held on or after
that date.

ARTICLE 4

CHALLENGES; VOTER INFORMATION

Section 1.

Minnesota Statutes 2016, section 13.15, subdivision 4, is amended to read:


Subd. 4.

Use of electronic access data.

Electronic access data may be disseminated:

(1) to the commissioner for the purpose of evaluating electronic government services;

(2) to another government entity or a federal law enforcement agency to prevent or report
unlawful intrusions into government electronic systems; or

(3) as otherwise provided by law.

Sec. 2.

Minnesota Statutes 2016, section 13.607, is amended by adding a subdivision to
read:


Subd. 9.

Election judge party affiliation.

The party affiliation of election judges is
classified as provided in section 204B.21, subdivision 3.

Sec. 3.

Minnesota Statutes 2016, section 13.6905, subdivision 33, is amended to read:


Subd. 33.

Citizenship data; voter registration.

The use of citizenship data reported to
the secretary of state is governed by section 201.158 201.145.

Sec. 4.

Minnesota Statutes 2016, section 13.841, subdivision 3, is amended to read:


Subd. 3.

Felony conviction data; voter registration.

Felony conviction data reported
to the secretary of state is governed by section 201.155 201.145.

Sec. 5.

Minnesota Statutes 2016, section 13.851, subdivision 10, is amended to read:


Subd. 10.

Felony offender data; voter registration.

The use of felony offender data
made available to the secretary of state is governed by section 201.157 201.145.

Sec. 6.

Minnesota Statutes 2016, section 200.02, is amended by adding a subdivision to
read:


Subd. 30.

Personal knowledge.

"Personal knowledge" means knowledge gained through
firsthand observation or experience, as opposed to knowledge based on what someone else
has said.

Sec. 7.

Minnesota Statutes 2016, section 201.061, subdivision 4, is amended to read:


Subd. 4.

Registration by election judges; procedures.

Registration at the polling place
on election day shall be conducted by the election judges. Before registering an individual
to vote at the polling place, the election judge must review: (1) any list of absentee election
day registrants provided by the county auditor or municipal clerk to see if the person has
already voted by absentee ballot; and (2) the precinct list of challenged voters required under
section 201.145, subdivision 1, paragraph (c)
. If the person's name appears on the absentee
election day registrants
list, the election judge must not allow the individual to register or
to vote in the polling place. If the person's name appears on the challenged voter list, the
election judge must allow the individual to register or vote, but the voter must not be allowed
to sign the polling place roster or cast a ballot. Instead, a voter allowed to register despite
appearing on the challenged voter list must be allowed to cast a provisional ballot.
The
election judge who registers an individual at the polling place on election day shall not
handle that voter's ballots at any time prior to the opening of the ballot box after the voting
ends. Registration applications and forms for oaths shall be available at each polling place.
If an individual who registers on election day proves residence by oath of a registered voter,
the form containing the oath shall be attached to the individual's registration application.
Registration applications completed on election day shall be forwarded to the county auditor
who shall add the name of each voter to the registration system unless the information
forwarded is substantially deficient. A county auditor who finds an election day registration
substantially deficient shall give written notice to the individual whose registration is found
deficient. An election day registration shall not be found deficient solely because the
individual who provided proof of residence was ineligible to do so.

Sec. 8.

Minnesota Statutes 2016, section 201.091, subdivision 4, is amended to read:


Subd. 4.

Public information lists.

(a) The county auditor shall make available for
inspection a public information list which must contain the name, address, year of birth,
and voting history of each registered voter in the county. The list must indicate each voter
whose status is challenged in the statewide voter registration system at the time the list was
prepared. For each voter, the list must include the history of each change in status and the
date that the change to that status was made.
The list must include the party choice of any
voter who voted in the most recent presidential nomination primary. The telephone number
must be included on the list if provided by the voter. The public information list may also
include information on voting districts. The list must also include individuals that were
previously registered but were removed from the statewide voter registration system, and
the reason for the removal.

(b) The county auditor may adopt reasonable rules governing access to the list. No
individual inspecting the public information list shall tamper with or alter it in any manner.
No individual who inspects the public information list or who acquires a list of registered
voters prepared from the public information list may use any information contained in the
list for purposes unrelated to elections, political activities, or law enforcement.

(c) The secretary of state may provide copies of the public information lists and other
information from the statewide registration system for uses related to elections, political
activities, or in response to a law enforcement inquiry from a public official concerning a
failure to comply with any criminal statute or any state or local tax statute.

(d) Before inspecting the public information list or obtaining a list of voters or other
information from the list, the individual shall provide identification to the public official
having custody of the public information list and shall state in writing that any information
obtained from the list will not be used for purposes unrelated to elections, political activities,
or law enforcement. Requests to examine or obtain information from the public information
lists or the statewide registration system must be made and processed in the manner provided
in the rules of the secretary of state.

(e) Upon receipt of a statement signed by the voter that withholding the voter's name
from the public information list is required for the safety of the voter or the voter's family,
the secretary of state and county auditor must withhold from the public information list the
name of a registered voter.

EFFECTIVE DATE.

This section is effective July 1, 2017, and applies to public
information lists created on or after that date. Information on status changes or individuals
removed from the statewide voter registration system collected prior to July 1, 2017, must
not be included on a public information list.

Sec. 9.

Minnesota Statutes 2016, section 201.121, subdivision 3, is amended to read:


Subd. 3.

Postelection sampling.

(a) Within ten days after an election, the county auditor
shall send the notice required by subdivision 2 to a random sampling of the individuals
registered on election day. The random sampling shall be determined in accordance with
the rules of the secretary of state. As soon as practicable after the election, the county auditor
shall mail the notice required by subdivision 2 to all other individuals registered on election
day. If a notice is returned as not deliverable, the county auditor shall attempt to determine
the reason for the return. A county auditor who does not receive or obtain satisfactory proof
of an individual's eligibility to vote shall immediately notify the county attorney of all of
the relevant information and the secretary of state of the numbers by precinct. The county
auditor must notify the secretary of state of the following information for each precinct:

(1) the total number of all notices that were returned as nondeliverable;

(2) the total number of nondeliverable notices that the county auditor was able to
determine the reason for the return along with the reason for each return;

(3) the total number of nondeliverable notices that the county auditor was unable to
determine the reason for the return.

(b) By March 1 of every odd-numbered year, the secretary of state shall report to the
chair and ranking minority members of the legislative committees with jurisdiction over
elections the number of notices reported under this subdivision to the secretary of state for
the previous state general election by county and precinct.
following information for each
precinct and each county:

(1) the total number of all notices that were returned as nondeliverable;

(2) the total number of nondeliverable notices that a county auditor was able to determine
the reason for the return along with the reason for each return; and

(3) the total number of nondeliverable notices that a county auditor was unable to
determine the reason for the return.

Sec. 10.

[201.145] REPORTS ON GUARDIANSHIPS, LEGAL INCOMPETENCE,
FELONY CONVICTIONS, AND CITIZENSHIP; STATUS CHANGES.

Subdivision 1.

Report requirements.

(a) Reports required by this section must be
submitted to the secretary of state as provided in this section. Reports from the state court
administrator that are required under this section must be made on a daily basis, excluding
weekends and holidays. Reports from the commissioner of corrections and the commissioner
of public safety that are required under this section must be made to the secretary of state
at least monthly. Reports must be submitted by electronic means. Reports from the
commissioner of corrections and the commissioner of public safety must include a complete
list of each individual under the reporting entity's jurisdiction and must not provide only
the changes since the last report.

(b) The secretary of state must retain each report for a minimum of four years. The
reports must be retained in the statewide voter registration system in a manner that allows
users to search the reports for a particular date.

(c) No sooner than seven days before an election, the secretary of state must prepare
and transmit to each county auditor a single list for each precinct in that county that includes
each individual identified in a report required by this section. Each county auditor must
ensure that at least one copy of the precinct list is delivered to the corresponding precinct
polling place.

Subd. 2.

State court administrator report.

(a) The state court administrator must report
on individuals 17 years of age or older who are under a guardianship in which a court order
revokes the ward's right to vote or where the court has found the individual to be legally
incompetent to vote.

(b) The state court administrator must report on individuals transferred to the jurisdiction
of the court who meet a condition specified in paragraph (a).

(c) Each report required under this subdivision must include the following information
for each individual in the report: name, address, date of birth, and, if available, last four
digits of the Social Security number and driver's license or state identification card number.

(d) No later than seven calendar days after receiving a report under this subdivision, the
secretary of state must determine if a person identified under paragraphs (a) and (b) is
registered to vote and must prepare a list of those registrants for the county auditor. No later
than seven calendar days after receiving the list from the secretary of state, the county auditor
must challenge the status on the record in the statewide voter registration system of each
individual named in the list. The county auditor must include the reason for the challenge.

Subd. 3.

Commissioner of corrections report; state court administrator report.

(a)
The state court administrator must report on individuals 17 years of age or older who have
been convicted of a felony.

(b) The commissioner of corrections must report on individuals 17 years of age or older
who are currently:

(1) serving felony sentences under the commissioner's jurisdiction; or

(2) on probation for felony offenses that resulted in the loss of civil rights, as indicated
by the statewide supervision system established under section 241.065.

(c) Each report under this subdivision must include the following information for each
individual: name, address or last known residential address that is not a correctional facility,
and date of birth. If available, each report must also include the individual's: corrections'
state identification number, last four digits of the Social Security number, driver's license
or state identification card number, date of sentence, effective date of the sentence, county
in which the conviction occurred, and date of discharge.

(d) No later than seven calendar days after receiving a report under this subdivision, the
secretary of state must determine if a person identified under paragraphs (a) and (b) is
registered to vote and must prepare a list of those registrants for the county auditor. No later
than seven calendar days after receiving the list from the secretary of state, the county auditor
must challenge the status on the record in the statewide voter registration system of each
individual named in the list. The county auditor must include the reason for the challenge.

(e) The county auditor must identify an individual who registered to vote or voted while
serving a felony sentence under the commissioner's jurisdiction or while on probation for
a felony offense that resulted in the loss of civil rights during a period when the individual's
civil rights were revoked. The county auditor must immediately send notice to the county
attorney. The notice must include the name of the individual and any other identifying
information as well as the evidence that shows the individual registered to vote or voted
during the period when the individual's civil rights were revoked.

Subd. 4.

Reports; restoration of right to vote.

(a) The state court administrator must
report on each individual whose guardianship was modified to restore the ward's right to
vote or whose guardianship was terminated by order of the court under section 524.5-317
after being ineligible to vote for any of the reasons specified in subdivision 2, paragraph
(a).

(b) The state court administrator must report on individuals previously convicted of a
felony whose civil rights have been restored.

(c) The commissioner of corrections must report on individuals who were serving a
felony sentence under the commissioner's jurisdiction or who were on probation for a felony
offense under the commissioner's jurisdiction that resulted in the loss of civil rights but who
have been discharged from the sentence.

(d) Each report under this subdivision must include the following information for each
individual: name, address, date of birth, and, if available, the last four digits of the Social
Security number. For reports required by paragraphs (b) and (c), each report must also
include the individual's, if available: corrections' state identification number, driver's license
or state identification card number, date of sentence, effective date of the sentence, county
in which the conviction occurred, and date of discharge.

(e) No later than seven calendar days after receiving a report under this subdivision, the
secretary of state must determine if a person is registered to vote and must prepare a list of
those registrants for the county auditor. No later than seven calendar days after receiving
the list from the secretary of state, the county auditor must remove the challenge status on
the record in the statewide voter registration system of each individual named in the list.
The county auditor must include the reason for removing the challenge.

Subd. 5.

Commissioner of public safety report.

(a) The commissioner of public safety
must report on individuals identified by department data as having temporary lawful status
in the United States.

(b) The report under this section must include the following information for each
individual: name, address, date of birth, driver's license or state identification card number,
and, if available, last four digits of the Social Security number.

(c) No later than seven calendar days after receiving a report under this subdivision, the
secretary of state must determine if a person identified under paragraph (a) is registered to
vote and prepare a list of those voters for the county auditor. Within seven calendar days
of receiving the list from the secretary of state, the county auditor must challenge the status
on the record in the statewide voter registration system of each individual named in the list.
The county auditor must include the reason for the challenge.

(d) The county auditor must also immediately send notice to the county attorney of each
individual identified in paragraph (c). The notice must include the name of the individual
and any other identifying information as well as the evidence that shows the individual
registered to vote or voted and is not a citizen.

Subd. 6.

Notice of challenge.

No later than seven days after changing the status of a
registrant in the statewide voter registration system, the county auditor must mail a notice
to the registrant. The notice must include, at a minimum, the following information:

(1) a statement that the voter's status was challenged or that a challenge was removed;

(2) the reason for the change;

(3) a copy of the information provided by the entity that was the basis for the change in
status; and

(4) a description of the process to contest the change in status, as provided in section
201.146.

EFFECTIVE DATE.

This section is effective July 1, 2017, and applies to reports
received by the secretary of state on or after that date. The notices required by subdivision
6 must be sent to individuals who are challenged in the statewide voter registration system
pursuant to this section on or after July 1, 2017.

Sec. 11.

[201.146] CONTESTING A CHALLENGE.

(a) An individual whose status was challenged in the statewide voter registration system
pursuant to section 201.145 has the right to contest the challenge as provided in this section.

(b) To contest the challenge, the individual must file a contest petition with the named
entity. The petition must state the basis for the contest and provide any supporting
documentation. The individual may request a review meeting as part of the petition. The
meeting may be conducted by interactive video technology. The petition must be in a form
prescribed by the secretary of state.

(c) No later than seven days after receiving the contest petition, the named entity must
review the contest petition and any supporting documentation, as well as the data provided
to the secretary of state. If the individual requested a review meeting, the named entity must
schedule a meeting with the individual within 14 days after receiving the contest petition.

(d) After reviewing the required data, and after the review meeting if one occurred, the
named entity must determine whether the data is accurate or should be changed. If the named
entity determines that no change to the data is required, the named entity must notify the
individual. If the named entity determines that the data must be changed, the named entity
must promptly notify the individual and the secretary of state. Upon receiving the changed
data from the named entity, the secretary of state must promptly remove the challenged
status. If an individual disagrees with the decision of the named entity, the individual may
appeal to the district court.

(e) For purposes of this section, "named entity" means the entity listed in the notice as
required by section 201.145, subdivision 6.

EFFECTIVE DATE.

This section is effective July 1, 2017, and applies to individuals
who are challenged on or after that date.

Sec. 12.

Minnesota Statutes 2016, section 204B.21, subdivision 2, is amended to read:


Subd. 2.

Appointing authority; powers and duties.

Election judges for precincts in a
municipality shall be appointed by the governing body of the municipality. Election judges
for precincts in unorganized territory and for performing election-related duties assigned
by the county auditor shall be appointed by the county board. Election judges for a precinct
composed of two or more municipalities must be appointed by the governing body of the
municipality or municipalities responsible for appointing election judges as provided in the
agreement to combine for election purposes. Except as otherwise provided in this section,
appointments shall be made from lists furnished pursuant to subdivision 1 subject to the
eligibility requirements and other qualifications established or authorized under section
204B.19. At least two election judges in each precinct must be affiliated with different major
political parties. If no lists have been furnished or if additional election judges are required
after all listed names in that municipality have been exhausted, the appointing authority
may appoint other individuals who meet the qualifications to serve as an election judge,
including persons who are not affiliated with a major political party. An individual who is
appointed from a source other than the list furnished pursuant to subdivision 1 must provide
to the appointing authority the individual's major political party affiliation or a statement
that the individual does not affiliate with any major political party. An individual who
refuses to provide the individual's major political party affiliation or a statement that the
individual does not affiliate with a major political party must not be appointed as an election
judge.
The appointments shall be made at least 25 days before the election at which the
election judges will serve, except that the appointing authority may pass a resolution
authorizing the appointment of additional election judges within the 25 days before the
election if the appointing authority determines that additional election judges will be required.

Sec. 13.

Minnesota Statutes 2016, section 204B.21, is amended by adding a subdivision
to read:


Subd. 3.

Access to election judge party affiliation.

Notwithstanding section 13.43,
the major political party affiliation of an election judge or a statement that the judge does
not affiliate with a major political party is accessible to an individual who is appointed to
serve as an election judge in the same precinct for the same election.

Sec. 14.

Minnesota Statutes 2016, section 204C.10, is amended to read:


204C.10 PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.

(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individual is at least 18 years of age, a citizen of the United
States, has resided in Minnesota for 20 days immediately preceding the election, maintains
residence at the address shown, is not under a guardianship in which the court order revokes
the individual's right to vote, has not been found by a court of law to be legally incompetent
to vote or has the right to vote because, if the individual was convicted of a felony, the
felony sentence has expired or been completed or the individual has been discharged from
the sentence, is registered and has not already voted in the election. The roster must also
state: "I understand that deliberately providing false information is a felony punishable by
not more than five years imprisonment and a fine of not more than $10,000, or both."

(b) At the presidential nomination primary, the polling place roster must also state: "I
am in general agreement with the principles of the party for whose candidate I intend to
vote, and I understand that my choice of a party's ballot will be public information." This
statement must appear separately from the statements required in paragraph (a). The felony
penalty provided for in paragraph (a) does not apply to this paragraph.

(c) A judge may, Before the applicant signs the roster or voter signature certificate, an
election judge must
confirm the applicant's name, address, and date of birth. Unless the
challenge is resolved pursuant to section 204C.12, subdivision 3, a voter whose registration
status is listed as challenged must not be allowed to sign the polling place roster or sign a
voter signature certificate, but the voter must be allowed to cast a provisional ballot as
provided in section 204C.135.

(d) After the applicant signs the roster or voter signature certificate, the judge shall give
the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in
charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to
the voter the ballot. The voters' receipts must be maintained during the time for notice of
filing an election contest.

(e) Whenever a challenged status appears on the polling place roster, an election judge
must ensure that the challenge is concealed or hidden from the view of any voter other than
the voter whose status is challenged.

Sec. 15.

Minnesota Statutes 2016, section 204C.12, subdivision 1, is amended to read:


Subdivision 1.

Manner of challenging.

An election judge shall, and an authorized
challenger or other voter may, challenge an individual whom the person knows or reasonably
believes
based on personal knowledge that the individual is not an eligible voter.

Sec. 16.

Minnesota Statutes 2016, section 204C.12, subdivision 2, is amended to read:


Subd. 2.

Statement of grounds; oath.

A challenger must be a resident of this state. The
secretary of state shall prepare a form that challengers must complete and sign when making
a challenge. The form must include space to state the ground for the challenge, a statement
that the challenge is based on the challenger's personal knowledge, and a statement that the
challenge is made under oath. The form must include a space for the challenger's printed
name, signature, telephone number, and address.

An election judge shall administer to the challenged individual the following oath:

"Do you solemnly swear (or affirm) that you will fully and truly answer all questions
put to you concerning your eligibility to vote at this election?"

The election judge shall then ask the challenged individual sufficient questions to test
that individual's residence and right to vote.

Sec. 17.

Minnesota Statutes 2016, section 204C.12, subdivision 3, is amended to read:


Subd. 3.

Determination of residence.

In determining the (a) For an individual whose
residency in the precinct is challenged, an election judge must administer to the challenged
individual the following oath: "Do you solemnly swear (or affirm) that you will fully and
truly answer all questions put to you concerning your residency in this precinct?" The
election judge must then ask the challenged questions to determine the individual's
legal
residence of a challenged individual, in the precinct. The election judges shall must be
governed by the principles contained in section 200.031. If the challenged individual's
answers to the questions show ineligibility to vote in that the individual does not live in the
precinct, the individual shall must not be allowed to vote. If the individual has marked
ballots but not yet deposited them in the ballot boxes before the election judges determine
ineligibility to vote in that precinct, the marked ballots shall must be placed unopened with
the spoiled ballots. If the answers to the questions fail to show that the individual is not
eligible to vote in that
does not reside in the precinct and the challenge is not withdrawn,
the election judges shall must verbally administer the oath on the voter certificate to the
individual. After taking the oath and completing and signing the voter certificate, the
challenged individual shall must be allowed to vote.

(b) The process described in this section must not be used for any purpose other than
determining residency in the precinct.

Sec. 18.

[204C.135] PROVISIONAL BALLOTS.

Subdivision 1.

Casting provisional ballots.

(a) A voter whose registration status is
challenged, and the challenge is not resolved pursuant to section 204C.12, is entitled to cast
a provisional ballot.

(b) A voter seeking to cast a provisional ballot must sign a provisional ballot roster or
a provisional voter signature certificate and complete a provisional ballot envelope. The
envelope must contain a space for the voter to list the voter's name, address of residence,
date of birth, voter identification number, and any other information prescribed by the
secretary of state. The voter must also swear or affirm, in writing, that the voter is eligible
to vote, has not voted previously in the same election, and meets the criteria for registering
to vote in the precinct in which the voter appears.

(c) Once the voter has completed the provisional ballot envelope, the voter must be
allowed to cast a provisional ballot. The provisional ballot must be in the same form as the
official ballot available in the precinct on election day. A completed provisional ballot shall
be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside the voter's
provisional ballot envelope and deposited by the voter in a secure, sealed provisional ballot
box. Completed provisional ballots may not be combined with other voted ballots in the
polling place.

(d) The form of the secrecy and provisional ballot envelopes shall be prescribed by the
secretary of state. The provisional ballot envelope must be a color other than that provided
for absentee ballot envelopes and must be prominently labeled "Provisional Ballot Envelope."

(e) Provisional ballots and related documentation shall be delivered to and securely
maintained by the county auditor or municipal clerk in the same manner as required for
other election materials under sections 204C.27 and 204C.28.

Subd. 2.

Accepting or rejecting provisional ballot envelopes.

(a) Before the meeting
of the canvassing board, the county auditor or municipal clerk must accept or reject each
provisional ballot. The county auditor or municipal clerk must review the information in
the statewide voter registration system, required by section 201.145, subdivision 1, paragraph
(b), for the date of the election. If the information shows that the voter was not challenged,
or should not have been challenged on that date and was otherwise eligible to vote, that
voter's provisional ballot must be accepted. The county auditor or municipal clerk must
mark the provisional ballot envelope "Accepted" and initial or sign the envelope below the
word "Accepted." If a provisional ballot envelope is not accepted, the county auditor or
municipal clerk must mark the provisional ballot envelope "Rejected," initial or sign it below
the word "Rejected," and list the reason for the rejection on the envelope. The county auditor
or municipal clerk must promptly record in the statewide voter registration system that a
voter's provisional ballot has been accepted or rejected.

(b) The county auditor or municipal clerk must mail the voter a written notice of
provisional ballot rejection between six and ten weeks following the election. The notice
must include the reason for rejection and the name of the appropriate election official to
whom the voter may direct further questions, along with appropriate contact information.

(c) A provisional ballot envelope marked "Rejected" may not be opened or subject to
further review except in an election contest filed pursuant to chapter 209.

Subd. 3.

Provisional ballots; reconciliation.

Prior to counting any provisional ballots
in the final vote totals from a precinct, the county auditor or municipal clerk must verify
that the number of signatures appearing on the provisional ballot roster from that precinct
is equal to or greater than the number of provisional ballots submitted by voters in the
precinct on election day. Any discrepancy must be resolved before the provisional ballots
from the precinct may be counted. Excess provisional ballots to be counted must be randomly
withdrawn in the manner required by section 204C.20, subdivision 2.

Subd. 4.

Counting provisional ballots.

Accepted provisional ballot envelopes must be
opened, duplicated as needed in the manner provided in section 206.86, subdivision 5,
initialed by the members of the ballot board, and deposited in the appropriate ballot box. If
more than one ballot is enclosed in the ballot envelope, the ballots must be spoiled and must
not be counted.

Sec. 19.

Minnesota Statutes 2016, section 204C.14, subdivision 1, is amended to read:


Subdivision 1.

Violations; penalty.

(a) No individual shall intentionally:

(a) (1) misrepresent the individual's identity in applying for a ballot, depositing a ballot
in a ballot box, requesting a provisional ballot or requesting that a provisional ballot be
counted,
or attempting to vote by means of a voting machine or electronic voting system;

(b) (2) vote more than once at the same election;

(c) (3) put a ballot in a ballot box for any illegal purpose;

(d) (4) give more than one ballot of the same kind to an election judge to be placed in a
ballot box;

(e) (5) aid, abet, counsel or procure another to go into any precinct for the purpose of
voting in that precinct, knowing that the other individual is not eligible to vote in that
precinct; or

(f) (6) aid, abet, counsel or procure another to do any act in violation of this section; or

(7) challenge a voter's eligibility to vote knowing that the challenge is not meritorious
or acting in reckless disregard of whether the challenge is meritorious
.

(b) A violation of this section is a felony.

Sec. 20.

Minnesota Statutes 2016, section 241.065, subdivision 2, is amended to read:


Subd. 2.

Establishment.

The Department of Corrections shall administer and maintain
a computerized data system for the purpose of assisting criminal justice agencies in
monitoring and enforcing the conditions of conditional release imposed on criminal offenders
by a sentencing court or the commissioner of corrections. The adult data and juvenile data
as defined in section 260B.171 in the statewide supervision system are private data as defined
in section 13.02, subdivision 12, but are accessible to criminal justice agencies as defined
in section 13.02, subdivision 3a, to the Minnesota sex offender program as provided in
section 246B.04, subdivision 3, to public defenders as provided in section 611.272, to all
trial courts and appellate courts, and to criminal justice agencies in other states in the conduct
of their official duties. Adult data in the statewide supervision system are accessible to the
secretary of state for the purposes described in section 201.157 201.145.

Sec. 21. INITIAL REPORT ON GUARDIANSHIPS, LEGAL INCOMPETENCE,
FELONY CONVICTIONS, AND CITIZENSHIP, AND STATUS CHANGES.

Subdivision 1.

Court administrator initial report.

(a) By July 1, 2017, the state court
administrator must report to the secretary of state on the following groups of individuals:

(1) each individual 17 years of age or older who are under a guardianship in which a
court order revokes the ward's right to vote or where the court has found the individual to
be legally incompetent to vote;

(2) each individual 17 years of age or older who has been convicted of a felony;

(3) each individual whose guardianship was modified to restore the ward's right to vote
or whose guardianship was terminated by order of the court under Minnesota Statutes,
section 524.5-317, after being ineligible to vote for any of the reasons specified in subdivision
2, paragraph (a); and

(4) each individual previously convicted of a felony whose civil rights have been restored.

(b) Each report under this subdivision must include the following information for each
individual: name, address, date of birth, and, if available, the last four digits of the Social
Security number. For reports required by paragraph (a), clauses (2) and (4), each report
must also include the individual's, if available: corrections' state identification number,
driver's license or state identification card number, date of sentence, effective date of the
sentence, county in which the conviction occurred, and date of discharge.

Subd. 2.

Commissioner of corrections initial report.

(a) By July 1, 2017, the
commissioner of corrections must report to the secretary of state on the following groups
of individuals:

(1) each individual 17 years of age or older who are currently:

(i) serving felony sentences under the commissioner's jurisdiction; or

(ii) on probation for felony offenses that resulted in the loss of civil rights, as indicated
by the statewide supervision system established under Minnesota Statutes, section 241.065;
and

(2) each individual who was serving a felony sentence under the commissioner's
jurisdiction or who was on probation for a felony offense under the commissioner's
jurisdiction that resulted in the loss of civil rights but who has been discharged from the
sentence.

(b) Each report under this subdivision must include the following information for each
individual: name, address or last known residential address that is not a correctional facility,
and date of birth. If available, each report must also include the individual's: corrections'
state identification number, last four digits of the Social Security number, driver's license
or state identification card number, date of sentence, effective date of the sentence, county
in which the conviction occurred, and date of discharge.

Subd. 3.

Commissioner of public safety initial report.

By July 1, 2017, the
commissioner of public safety must report to the secretary of state on each individual
identified by the department as having temporary lawful status in the United States. The
report section must include the following information for each individual: name, address,
date of birth, driver's license or state identification card number, and, if available, last four
digits of the Social Security number.

Subd. 4.

Initial report use.

The secretary of state must enter all information from each
report received under this section into the statewide voter registration system. The reports
must be retained in the statewide voter registration system in a manner that allows users to
search the reports for a particular date.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 22. REPEALER.

Minnesota Statutes 2016, sections 201.15; 201.155; 201.157; and 201.158, are repealed.

Sec. 23. EFFECTIVE DATE.

This article is effective July 1, 2017.

APPENDIX

Repealed Minnesota Statutes: S0514-5

201.096 SCHOOL ELECTIONS; USE OF VOTER REGISTRATION SYSTEM.

The county auditor shall allow independent or special school districts to use the necessary portions of the statewide registration system for school district elections. The county auditor may impose reasonable requirements to preserve the security and integrity of the system. The county auditor and the school district shall provide by agreement for the details of the use of the system by the school district. The school board may designate a member of the board or an employee as registration officer. The provisions of this chapter and chapter 203B relating to registration of voters apply to school district elections in which the statewide registration system is used.

201.15 DISTRICT JUDGE, REPORT GUARDIANSHIPS AND COMMITMENTS.

Subdivision 1.

Guardianships and incompetents.

Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state court administrator shall report regularly by electronic means to the secretary of state the name, address, date of birth, and, if available, driver's license or state identification card number of each individual 18 years of age or over, who since the last report:

(1) was placed under a guardianship in which the court order revokes the ward's right to vote; or

(2) was adjudged legally incompetent.

The court administrator shall also report the same information for each individual transferred to the jurisdiction of the court who meets a condition specified in clause (1) or (2). The secretary of state shall determine if any of the persons in the report is registered to vote and shall prepare a list of those registrants for the county auditor. The county auditor shall change the status on the record in the statewide registration system of any individual named in the report to indicate that the individual is not eligible to reregister or vote.

Subd. 2.

Guardianship termination or modification.

Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state court administrator shall report regularly by electronic means to the secretary of state the name, address, date of birth, and, if available, driver's license or state identification card number of each individual whose guardianship was modified to restore the ward's right to vote or whose guardianship was terminated by order of the court under section 524.5-317 after being ineligible to vote for any of the reasons specified in subdivision 1. The secretary of state shall determine if any of the persons in the report is registered to vote and shall prepare a list of those registrants for the county auditor. The county auditor shall change the status on the voter's record in the statewide registration system to "active."

201.155 REPORT ON FELONY CONVICTIONS.

Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state court administrator shall report regularly by electronic means to the secretary of state the name, address, date of birth, and, if available, driver's license or state identification card number, date of sentence, effective date of the sentence, and county in which the conviction occurred of each person who has been convicted of a felony. The state court administrator shall also report the name, address, and date of birth of each person previously convicted of a felony whose civil rights have been restored. The secretary of state shall determine if any of the persons in the report is registered to vote and shall prepare a list of those registrants for each county auditor. The county auditor shall change the status of those registrants in the appropriate manner in the statewide registration system.

201.157 USE OF DEPARTMENT OF CORRECTIONS DATA.

(a) The commissioner of corrections shall make electronic data available to the secretary of state on individuals 18 years of age or older who are currently:

(1) serving felony sentences under the commissioner's jurisdiction; or

(2) on probation for felony offenses that would result in the loss of civil rights, as indicated by the statewide supervision system established under section 241.065.

The data must include the name, date of birth, last known residential address that is not a correctional facility, and, if available, corrections' state identification number, and the driver's license or state identification card number, and, if an individual has completed the sentence, the date of discharge.

(b) The secretary of state must determine if any data newly indicates that:

(1) an individual with an active voter registration in the statewide voter registration system is currently serving a felony sentence under the commissioner's jurisdiction or is on probation for a felony offense that would result in the loss of civil rights and the individual's voter record does not already have a challenged status due to a felony conviction;

(2) an individual with an active voter registration in the statewide voter registration system who is currently serving a felony sentence under the commissioner's jurisdiction or who is on probation for a felony offense that would result in the loss of civil rights appears to have registered to vote or to have voted during a period when the individual's civil rights were revoked; and

(3) an individual with a voter record that has a challenged status due to a felony conviction who was serving a felony sentence under the commissioner's jurisdiction or who has been on probation for a felony offense that would result in the loss of civil rights has been discharged from a sentence.

The secretary of state shall prepare a list of the registrants included under clause (1), (2), or (3) for each county auditor. For individuals under clause (1), the county auditor shall challenge the individual's record in the statewide voter registration system. The county auditor must provide information to the county attorney about individuals under clause (2) for the county attorney's investigation. For individuals under clause (3), the county auditor must determine if the challenge status should be removed from the voter record for the individual, and if so, must remove the challenge.

The secretary of state must make the required determinations and provide the required lists to the county auditors at least monthly.

For each state general election that occurs prior to the statewide voter registration system being programmed to generate lists as required by this section, the secretary of state must make the determination and provide lists to the county auditors between 30 and 60 days before the election and again between six and ten weeks after the election. In the year following that state election, the secretary of state must make this determination and provide lists to the county auditors again as part of the annual list maintenance.

201.158 USE OF DEPARTMENT OF PUBLIC SAFETY DATA.

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

204B.16 POLLING PLACES; DESIGNATION.

Subd. 3.

Designation effective until changed.

The designation of a polling place pursuant to this section shall remain effective until a different polling place is designated for that precinct. No designation of a new or different polling place shall become effective less than 90 days prior to an election, including school district elections or referenda, and no polling place changes may occur during the period between the state primary and the state general election, except that a new polling place may be designated to replace a polling place that has become unavailable for use.

205.10 MUNICIPAL SPECIAL ELECTIONS.

Subd. 3.

Prohibition.

No special election authorized under subdivision 1 may be held within 56 days after the state general election.

205A.09 VOTING HOURS.

Subdivision 1.

Metropolitan area school districts.

At a school district election in a school district located in whole or in part within a metropolitan county included in the definition of metropolitan area in section 200.02, subdivision 24, the school board, by resolution adopted before giving notice of the election, may designate the time during which the polling places will remain open for voting at the next succeeding and all later school district elections. The polling places must open no later than 10:00 a.m. and close no earlier than 8:00 p.m. The resolution shall remain in force until it is revoked by the school board.

Subd. 2.

Other school districts.

At a school district election in a school district other than one described in subdivision 1, the school board, by resolution adopted before giving notice of the election, may designate the time during which the polling places will remain open for voting at the next succeeding and all later school district elections. All polling places must be open between the hours of 5:00 p.m. and 8:00 p.m. The resolution must remain in force until it is revoked by the school board or changed because of request by voters as provided in this subdivision. If a petition requesting longer voting hours, signed by a number of voters equal to 20 percent of the votes cast at the last school district election, is presented to the school district clerk no later than 30 days before a school district election, then the polling places for that election must open at 10:00 a.m. and close at 8:00 p.m. The school district clerk must give ten days' published notice and posted notice of the changed voting hours and notify appropriate county auditors of the change.

205A.11 PRECINCTS; POLLING PLACES.

Subd. 2.

Combined polling place.

When no other election is being held in two or more precincts on the day of a school district election, the school board may designate one or more combined polling places at which the voters in those precincts may vote in the school district election. In school districts that have organized into separate board member election districts under section 205A.12, a combined polling place for a school general election must be arranged so that it does not include more than one board member election district.

Subd. 3.

Procedure.

The designation of a polling place pursuant to this section remains effective until a different polling place is designated. No designation of a new or different polling place becomes effective less than 90 days prior to an election, except that a new polling place may be designated to replace a polling place that has become unavailable for use. The school board must notify the county auditor within 30 days after the establishment of a polling place as provided in this section. The notice must include a list of the precincts that will be voting at each polling place. The school board must send the notice required by section 204B.16, subdivision 1a, after a polling place is established as provided in this section, but no additional notices of this kind are required for any subsequent similar elections until the location of the polling place or the combination of precincts voting at the polling place is changed. The secretary of state shall provide a single polling place roster for use in any polling place established as provided in this section. A single set of election judges must be appointed to serve in the polling place. The number of election judges required must be based on the total number of persons voting at the last similar election in all the precincts to be voting at the single polling place. A single ballot box may be provided for all the ballots.

205A.12 SCHOOL BOARD ELECTION DISTRICTS.

Subd. 5a.

School districts.

The school board of a school district may provide for the use by the district of an electronic voting system in one or more polling places or combined polling places in the school district for an election not held in conjunction with a statewide election. No system may be adopted or used unless it has been approved by the secretary of state pursuant to section 206.57. The school district shall notify the secretary of state of its decision in compliance with section 206.58, subdivision 4.

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55.1 55.2 55.3 55.4
55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30
56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9
59.10 59.11 59.12 59.13
59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 60.1 60.2 60.3 60.4
60.5 60.6
60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30
61.1 61.2 61.3 61.4 61.5 61.6
61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2 62.3 62.4 62.5
62.6 62.7 62.8 62.9
62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21
62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9
63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31
64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14
65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26
65.27 65.28 65.29 65.30 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10
67.11
67.12 67.13
67.14 67.15

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