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SF 72

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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  1.1                          A bill for an act 
  1.2             relating to elections; changing and clarifying 
  1.3             provisions of the Minnesota election law; amending 
  1.4             Minnesota Statutes 1996, sections 200.031; 201.061, 
  1.5             subdivision 1; 201.071, subdivision 1; 201.081; 
  1.6             201.12, subdivision 2; 201.121, subdivision 1; 201.13, 
  1.7             subdivisions 1 and 2; 201.15; 201.161; 201.171; 
  1.8             203B.01, by adding a subdivision; 203B.03, subdivision 
  1.9             1; 203B.04, subdivision 1; 203B.06, subdivision 3; 
  1.10            203B.08, subdivision 1; 203B.11, subdivision 1, and by 
  1.11            adding a subdivision; 203B.12, subdivision 2, and by 
  1.12            adding a subdivision; 203B.13, subdivisions 1 and 2; 
  1.13            203B.16, by adding a subdivision; 203B.19; 204B.06, by 
  1.14            adding a subdivision; 204B.146; 204B.15; 204B.16, 
  1.15            subdivisions 1a and 3; 204B.22, subdivision 1; 
  1.16            204B.23; 204B.27, by adding a subdivision; 204B.31; 
  1.17            204B.36, subdivision 2; 204C.08, by adding a 
  1.18            subdivision; 204C.15, subdivision 1; 204C.31, 
  1.19            subdivision 2; 204C.32; 204C.33, subdivision 1; 
  1.20            205.10, subdivision 3; 205.13, subdivision 1; 205.17, 
  1.21            by adding a subdivision; 205A.05, subdivision 1; 
  1.22            205A.08, by adding a subdivision; 206.55; 206.56, 
  1.23            subdivisions 1, 3, 5, 8, and 9; 206.57; 206.58; 
  1.24            206.59; 206.61, subdivisions 1, 3, and 5; 206.62; 
  1.25            206.64, subdivision 1; 206.66; 206.80; 206.81; 206.83; 
  1.26            206.84, subdivisions 3, 6, and 7; 206.86, subdivisions 
  1.27            1 and 2; 206.90, subdivisions 4 and 6; 207A.03, 
  1.28            subdivision 2; 211B.14; 367.03, subdivision 1; 367.25, 
  1.29            subdivision 1; 387.01; 388.01; and 626.846, 
  1.30            subdivision 6; proposing coding for new law in 
  1.31            Minnesota Statutes, chapters 201; 203B; and 204B; 
  1.32            repealing Minnesota Statutes 1996, sections 204D.15, 
  1.33            subdivision 2; 206.065; 206.56, subdivisions 4, 6, 10, 
  1.34            11, 12, 13, and 15; 206.60; 206.61, subdivisions 2, 6, 
  1.35            7, and 8; 206.63; 206.64, subdivision 2; 206.68; 
  1.36            206.685; 206.69; 206.70; 206.71; 206.72; 206.73; 
  1.37            206.74; 206.75; 206.76; 206.77; 206.84, subdivisions 
  1.38            2, 4, and 5; and 211B.11, subdivision 2. 
  1.39  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.40     Section 1.  Minnesota Statutes 1996, section 200.031, is 
  1.41  amended to read: 
  1.42     200.031 [DETERMINATION OF RESIDENCE.] 
  2.1      Residence shall be determined in accordance with the 
  2.2   following principles, so far as they may be applicable to the 
  2.3   facts of the case:  
  2.4      (a) The residence of an individual is in the precinct where 
  2.5   the individual's home is located, from which the individual has 
  2.6   no present intention of moving, and to which, whenever the 
  2.7   individual is absent, the individual intends to return; 
  2.8      (b) An individual does not lose residence if the individual 
  2.9   leaves home to live temporarily in another state or precinct; 
  2.10     (c) An individual does not acquire a residence in any 
  2.11  precinct of this state if the individual is living there only 
  2.12  temporarily, without the intention of making that precinct home; 
  2.13     (d) If an individual goes into another state or precinct 
  2.14  with the intention of making it home or files an affidavit of 
  2.15  residence there for election purposes, the individual loses 
  2.16  residence in the former precinct; 
  2.17     (e) If an individual moves to another state with the 
  2.18  intention of living there for an indefinite period, the 
  2.19  individual loses residence in this state, notwithstanding any 
  2.20  intention to return at some indefinite future time; 
  2.21     (f) Except as otherwise provided in this section, an 
  2.22  individual's residence is located in the precinct where the 
  2.23  individual's family lives, unless the individual's family is 
  2.24  living in that precinct only temporarily; 
  2.25     (g) If an individual's family lives in one precinct and the 
  2.26  individual lives or does business in another, the individual's 
  2.27  residence is located in the precinct where the individual's 
  2.28  family lives, unless the individual establishes a home in the 
  2.29  other precinct and intends to remain there, with or without the 
  2.30  individual's family; 
  2.31     (h) The residence of a single individual is in the precinct 
  2.32  where the individual lives and usually sleeps; 
  2.33     (i) The mere intention to acquire a new residence, is not 
  2.34  sufficient to acquire a new residence, unless the individual 
  2.35  moves to that location; moving to a new location is not 
  2.36  sufficient to acquire a new residence unless the individual 
  3.1   intends to remain there; 
  3.2      (j) The residence of an individual who is working 
  3.3   temporarily in any precinct of this state is in the precinct 
  3.4   where the individual's permanent home is located; 
  3.5      (k) The residence of an individual who is living 
  3.6   permanently in a soldiers' home or nursing home is in the 
  3.7   precinct where the home is located.  
  3.8      (l) If an individual's home lies in more than one precinct 
  3.9   or political subdivision, the residence of the individual is in 
  3.10  the precinct in which a majority of the room in which the 
  3.11  individual usually sleeps is located. 
  3.12     Sec. 2.  Minnesota Statutes 1996, section 201.061, 
  3.13  subdivision 1, is amended to read: 
  3.14     Subdivision 1.  [PRIOR TO ELECTION DAY.] At any time except 
  3.15  during the 20 days immediately preceding any election, an 
  3.16  eligible voter or any individual who will be an eligible voter 
  3.17  at the time of the next election may register to vote in the 
  3.18  precinct in which the voter maintains residence by completing a 
  3.19  registration card and submitting it in person or by mail to the 
  3.20  county auditor of that county or to the secretary of state's 
  3.21  office.  A registration that is received no later than 5:00 p.m. 
  3.22  on the 21st day preceding any election shall be accepted.  An 
  3.23  improperly addressed or delivered registration card shall be 
  3.24  forwarded within two working days after receipt to the county 
  3.25  auditor of the county where the voter maintains residence.  A 
  3.26  state or local agency or an individual that accepts completed 
  3.27  voter registration cards from a voter must submit the completed 
  3.28  cards to the secretary of state or the appropriate county 
  3.29  auditor within ten days after the cards are dated by the voter. 
  3.30     Sec. 3.  Minnesota Statutes 1996, section 201.071, 
  3.31  subdivision 1, is amended to read: 
  3.32     Subdivision 1.  [FORM.] A registration card must be of 
  3.33  suitable size and weight for mailing and contain spaces for the 
  3.34  following required information:  voter's first name, middle 
  3.35  name, and last name; voter's previous name, if any; voter's 
  3.36  current address; voter's previous address, if any; voter's date 
  4.1   of birth; voter's municipality and county of residence; voter's 
  4.2   telephone number, if provided by the voter; date of 
  4.3   registration; and voter's signature.  The card must also contain 
  4.4   the following a certification:  I certify that I will be at 
  4.5   least 18 years old on election day and am a citizen of the 
  4.6   United States, that I reside at the address shown and will have 
  4.7   resided in Minnesota for 20 days immediately preceding election 
  4.8   day, and that I am not under guardianship of the person, have 
  4.9   not been found by a court to be legally incompetent to vote, and 
  4.10  have not been convicted of a felony without having my civil 
  4.11  rights restored.  I understand that giving false information to 
  4.12  procure a registration is a felony punishable by not more than 
  4.13  five years imprisonment and a fine of not more than $10,000, or 
  4.14  both of voter eligibility. 
  4.15     The form of the voter registration card and the 
  4.16  certification of voter eligibility must be as provided in the 
  4.17  rules of the secretary of state.  Voter registration forms 
  4.18  authorized by the National Voter Registration Act may also be 
  4.19  accepted as valid. 
  4.20     Sec. 4.  Minnesota Statutes 1996, section 201.081, is 
  4.21  amended to read: 
  4.22     201.081 [REGISTRATION FILES.] 
  4.23     The statewide registration system is the official record of 
  4.24  registered voters.  The voter registration cards and the 
  4.25  terminal providing access to the statewide registration system 
  4.26  must be under the control of the county auditor or the public 
  4.27  official to whom the county auditor has delegated the 
  4.28  responsibility for maintaining voter registration records.  The 
  4.29  voter registration cards and terminals providing access to the 
  4.30  statewide registration system must not be removed from the 
  4.31  control of the county auditor except as provided in this 
  4.32  subdivision.  The county auditor may make photographic copies of 
  4.33  voter registration cards in the manner provided by section 
  4.34  138.17.  
  4.35     A properly completed voter registration card that has been 
  4.36  submitted to the secretary of state or a county auditor must be 
  5.1   maintained by the secretary of state or the county auditor for 
  5.2   at least 22 months after the date that the information on the 
  5.3   card is entered into the database of the statewide registration 
  5.4   system.  The secretary of state or the county auditor may 
  5.5   dispose of the cards after retention for 22 months in the manner 
  5.6   provided by section 138.17. 
  5.7      Sec. 5.  Minnesota Statutes 1996, section 201.12, 
  5.8   subdivision 2, is amended to read: 
  5.9      Subd. 2.  [CHALLENGES.] Upon return of the notice by the 
  5.10  postal service, the county auditor or the auditor's staff 
  5.11  shall personally ascertain the name and address of that 
  5.12  individual.  If the individual is no longer at the address 
  5.13  recorded in the statewide registration system, the county 
  5.14  auditor shall change the registrant's status to "challenged" in 
  5.15  the statewide registration system.  An individual challenged in 
  5.16  accordance with this subdivision shall comply with the 
  5.17  provisions of section 204C.12, before being allowed to vote.  If 
  5.18  a second notice mailed at least 60 days after the return of the 
  5.19  first notice is also returned by the postal service, the county 
  5.20  auditor may remove the registration card from the file and shall 
  5.21  change the registrant's status to "inactive" in the statewide 
  5.22  registration system. 
  5.23     Sec. 6.  Minnesota Statutes 1996, section 201.121, 
  5.24  subdivision 1, is amended to read: 
  5.25     Subdivision 1.  [ENTRY OF REGISTRATION INFORMATION.] Upon 
  5.26  receiving a voter registration card properly completed and 
  5.27  submitted in accordance with sections 201.061 and 201.071, the 
  5.28  county auditor shall enter in the appropriate registration files 
  5.29  and in the statewide registration system the registration card 
  5.30  or the information contained on it.  Voter registration cards 
  5.31  completed prior to election day must be entered into the 
  5.32  statewide registration system within ten days after they have 
  5.33  been submitted to the county auditor. 
  5.34     Upon receiving a completed voter registration card or form, 
  5.35  the secretary of state may electronically transmit the 
  5.36  information on the card or form to the appropriate county 
  6.1   auditor as soon as possible for review by the county auditor 
  6.2   before final entry into the statewide registration system.  The 
  6.3   secretary of state shall may mail the registration card or form 
  6.4   to the county auditor for placement in the appropriate files.  
  6.5      Sec. 7.  Minnesota Statutes 1996, section 201.13, 
  6.6   subdivision 1, is amended to read: 
  6.7      Subdivision 1.  [COMMISSIONER OF HEALTH, REPORTS OF 
  6.8   DECEASED RESIDENTS.] The commissioner of health shall report 
  6.9   monthly to the secretary of state the name, address, date of 
  6.10  birth, and county of residence of each individual 18 years of 
  6.11  age or older who has died while maintaining residence in 
  6.12  Minnesota since the last previous report.  The secretary of 
  6.13  state shall determine if any of the persons listed in the report 
  6.14  are registered to vote and shall prepare a list of those 
  6.15  registrants for each county auditor.  Within 60 days after 
  6.16  receiving the list from the secretary of state, the county 
  6.17  auditor shall change the status of those registrants to 
  6.18  "deceased" in the statewide registration system and remove from 
  6.19  the files the registration cards of the voters reported to be 
  6.20  deceased. 
  6.21     Sec. 8.  Minnesota Statutes 1996, section 201.13, 
  6.22  subdivision 2, is amended to read: 
  6.23     Subd. 2.  [VOTER REGISTRATION CARD REMOVAL FOR DECEASED 
  6.24  NONRESIDENTS.] The county auditor may remove from the files the 
  6.25  voter registration cards of voters who have died outside of the 
  6.26  county, After receiving notice of death. of a voter who has died 
  6.27  outside the county, the county auditor shall change the voter's 
  6.28  status to "deceased."  Notice must be in the form of a printed 
  6.29  obituary or a written statement signed by a registered voter of 
  6.30  the county.  The county auditor shall also make the appropriate 
  6.31  changes in the database of the statewide registration system 
  6.32  when voter registration cards are removed from the files. 
  6.33     Sec. 9.  Minnesota Statutes 1996, section 201.15, is 
  6.34  amended to read: 
  6.35     201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 
  6.36  COMMITMENTS.] 
  7.1      Subdivision 1.  [GUARDIANSHIPS, INCOMPETENTS AND 
  7.2   PSYCHOPATHS.] The state court administrator in each county shall 
  7.3   report monthly to the county auditor secretary of state the name 
  7.4   and, address, and date of birth of each individual 18 years of 
  7.5   age or over, who maintains residence in that county and who, 
  7.6   during the month preceding the date of the report:  
  7.7      (a) was placed under a guardianship of the person; 
  7.8      (b) was adjudged legally incompetent by reason of mental 
  7.9   illness, mental deficiency, or inebriation; or 
  7.10     (c) was adjudged a sexually dangerous person or a person 
  7.11  with a sexual psychopathic personality.  
  7.12     The court administrator shall also report the same 
  7.13  information for each individual transferred to the jurisdiction 
  7.14  of the court who meets a condition specified in clause (a), (b), 
  7.15  or (c).  Upon receipt of the report, the county auditor shall 
  7.16  determine whether any individual named in the report is 
  7.17  registered to vote The secretary of state shall determine if any 
  7.18  of the persons in the report is registered to vote and shall 
  7.19  prepare a list of those registrants for the county auditor.  The 
  7.20  county auditor shall change the status on the record in the 
  7.21  statewide registration system of any individual named in the 
  7.22  report to indicate that the individual is not eligible to 
  7.23  reregister or vote. 
  7.24     Subd. 2.  [RESTORATION TO CAPACITY.] The district judge in 
  7.25  each county state court administrator shall report monthly to 
  7.26  the county auditor secretary of state the name and, address, 
  7.27  and date of birth of each individual transferred from 
  7.28  guardianship to conservatorship or who is restored to capacity 
  7.29  by the court after being ineligible to vote for any of the 
  7.30  reasons specified in subdivision 1.  Upon notice from the judge 
  7.31  exercising probate jurisdiction of a restoration to capacity, or 
  7.32  of a transfer from guardianship to conservatorship, The 
  7.33  secretary of state shall determine if any of the persons in the 
  7.34  report is registered to vote and shall prepare a list of those 
  7.35  registrants for the county auditor.  The county auditor shall 
  7.36  change the status on the voter's record in the statewide 
  8.1   registration system to "active."  
  8.2      Sec. 10.  [201.155] [REPORT ON FELONY CONVICTIONS.] 
  8.3      The commissioner of corrections shall report monthly to the 
  8.4   secretary of state the name, address, date of birth, and 
  8.5   effective date of the sentence of each person who has been 
  8.6   convicted of a felony and each person previously convicted of a 
  8.7   felony whose civil rights have been restored.  The secretary of 
  8.8   state shall determine if any of the persons in the report is 
  8.9   registered to vote and shall prepare a list of those registrants 
  8.10  for each county auditor.  The county auditor shall change the 
  8.11  status of those registrants in the appropriate manner in the 
  8.12  statewide registration system. 
  8.13     Sec. 11.  Minnesota Statutes 1996, section 201.161, is 
  8.14  amended to read: 
  8.15     201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 
  8.16  APPLICATIONS DUTIES OF DEPARTMENT OF PUBLIC SAFETY.] 
  8.17     Subdivision 1.  [COMBINED APPLICATION FORMS.] The 
  8.18  department of public safety shall change its applications for an 
  8.19  original, duplicate, or change of address driver's license or 
  8.20  identification card so that the forms may also serve as voter 
  8.21  registration cards.  The forms must contain spaces for the 
  8.22  information required in section 201.071, subdivision 1, and 
  8.23  applicable rules of the secretary of state.  Applicants for 
  8.24  driver's licenses or identification cards must be asked if they 
  8.25  want to register to vote at the same time.  A copy of each 
  8.26  application containing a completed voter registration must be 
  8.27  sent to the county auditor of the county in which the voter 
  8.28  maintains residence or to the secretary of state as soon as 
  8.29  possible.  The computerized driver's license record information 
  8.30  relating to name, address, date of birth, driver's license 
  8.31  number, county, town, and city must be made available for access 
  8.32  by the secretary of state and interaction with the statewide 
  8.33  voter registration system.  
  8.34     Subd. 2.  [REPORT ON DRIVER'S LICENSE CANCELLATIONS.] The 
  8.35  commissioner of public safety shall report monthly to the 
  8.36  secretary of state the name, address, and date of birth of 
  9.1   persons who the department of public safety can verify have 
  9.2   applied for a driver's license from another state or surrendered 
  9.3   a Minnesota driver's license.  The secretary of state shall 
  9.4   determine if any of the persons in the report is registered to 
  9.5   vote and shall prepare a list of those registrants for each 
  9.6   county auditor.  The county auditor shall remove those 
  9.7   registrants from the statewide registration system. 
  9.8      Sec. 12.  Minnesota Statutes 1996, section 201.171, is 
  9.9   amended to read: 
  9.10     201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 
  9.11  REGISTRATION REMOVED.] 
  9.12     Within six weeks after every election, the county auditor 
  9.13  shall post the voting history for every person who voted in the 
  9.14  election.  After the close of the calendar year, the secretary 
  9.15  of state shall determine if any registrants have not voted 
  9.16  during the preceding four years and shall change the status of 
  9.17  those registrants to "inactive" in the statewide registration 
  9.18  system.  The secretary of state shall also prepare a report to 
  9.19  the county auditor containing the names of all registrants whose 
  9.20  status was changed to "inactive." 
  9.21     The county auditor shall remove the voter registration card 
  9.22  of any voter whose name appears on the report.  Although not 
  9.23  counted in an election, a late absentee ballot must be 
  9.24  considered a vote for the purpose of continuing registration.  
  9.25     Sec. 13.  Minnesota Statutes 1996, section 203B.01, is 
  9.26  amended by adding a subdivision to read: 
  9.27     Subd. 4.  [HEALTH CARE FACILITY.] "Health care facility" 
  9.28  means a hospital or other entity licensed under sections 144.50 
  9.29  to 144.58 or a nursing home licensed to serve adults under 
  9.30  section 144A.02. 
  9.31     Sec. 14.  Minnesota Statutes 1996, section 203B.03, 
  9.32  subdivision 1, is amended to read: 
  9.33     Subdivision 1.  [VIOLATION.] No individual shall 
  9.34  intentionally:  
  9.35     (a) make or sign any false certificate required by this 
  9.36  chapter; 
 10.1      (b) make any false or untrue statement in any application 
 10.2   for absentee ballots; 
 10.3      (c) apply for absentee ballots more than once in any 
 10.4   election with the intent to cast an illegal ballot; 
 10.5      (d) exhibit a ballot marked by that individual to any other 
 10.6   individual; 
 10.7      (e) do any act in violation of the provisions of this 
 10.8   chapter for the purpose of casting an illegal vote in any 
 10.9   precinct or for the purpose of aiding another to cast an illegal 
 10.10  vote; or 
 10.11     (f) use information from absentee ballot materials or 
 10.12  records for purposes unrelated to elections, political 
 10.13  activities, or law enforcement; or 
 10.14     (g) provide assistance to an absentee voter except in the 
 10.15  manner provided by section 204C.15, subdivision 1. 
 10.16     Before inspecting information from absentee ballot 
 10.17  materials or records, an individual shall provide identification 
 10.18  to the public official having custody of the material or 
 10.19  information.  
 10.20     Sec. 15.  Minnesota Statutes 1996, section 203B.04, 
 10.21  subdivision 1, is amended to read: 
 10.22     Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
 10.23  otherwise allowed by subdivision 2, an application for absentee 
 10.24  ballots for any election may be submitted at any time not less 
 10.25  than one day before the day of that election.  The county 
 10.26  auditor shall prepare absentee ballot application forms in the 
 10.27  format provided in the rules of the secretary of state and shall 
 10.28  furnish them to any person on request.  An application submitted 
 10.29  pursuant to this subdivision shall be in writing and shall be 
 10.30  submitted to:  
 10.31     (a) the county auditor of the county where the applicant 
 10.32  maintains residence; or 
 10.33     (b) the municipal clerk of the municipality, or school 
 10.34  district if applicable, where the applicant maintains residence. 
 10.35     An application shall be accepted if it is signed and dated 
 10.36  by the applicant, contains the applicant's name and residence 
 11.1   and mailing addresses, and states that the applicant is eligible 
 11.2   to vote by absentee ballot for one of the reasons specified in 
 11.3   section 203B.02.  An application may be submitted to the county 
 11.4   auditor or municipal clerk by an electronic facsimile device, at 
 11.5   the discretion of the auditor or clerk.  An application mailed 
 11.6   or returned in person to the county auditor or municipal clerk 
 11.7   on behalf of a voter by a person other than the voter must be 
 11.8   deposited in the mail or returned in person to the county 
 11.9   auditor or municipal clerk within ten days after it has been 
 11.10  dated by the voter and no later than six days before the 
 11.11  election.  The absentee ballot applications or a list of persons 
 11.12  applying for an absentee ballot may not be made available for 
 11.13  public inspection until the close of voting on election day.  
 11.14     Sec. 16.  Minnesota Statutes 1996, section 203B.06, 
 11.15  subdivision 3, is amended to read: 
 11.16     Subd. 3.  [DELIVERY OF BALLOTS.] If an application for 
 11.17  absentee ballots is accepted at a time when absentee ballots are 
 11.18  not yet available for distribution, the county auditor, or 
 11.19  municipal clerk accepting the application shall file it and as 
 11.20  soon as absentee ballots are available for distribution shall 
 11.21  mail them to the address specified in the application.  If an 
 11.22  application for absentee ballots is accepted when absentee 
 11.23  ballots are available for distribution, the county auditor or 
 11.24  municipal clerk accepting the application shall promptly:  
 11.25     (a) Mail the ballots to the voter whose signature appears 
 11.26  on the application if the application is submitted by mail; or 
 11.27     (b) Deliver the absentee ballots directly to the voter if 
 11.28  the application is submitted in person; or 
 11.29     (c) Deliver the absentee ballots in a sealed transmittal 
 11.30  envelope to an agent who has been designated to bring the 
 11.31  ballots to a voter who is a patient in a health care facility, 
 11.32  as provided in section 203B.11, subdivision 4.  
 11.33     If an application does not indicate the election for which 
 11.34  absentee ballots are sought, the county auditor or municipal 
 11.35  clerk shall mail or deliver only the ballots for the next 
 11.36  election occurring after receipt of the application.  Only one 
 12.1   set of ballots may be mailed or delivered to an applicant for 
 12.2   any election, except as provided in section 203B.13, subdivision 
 12.3   2, or when a replacement ballot has been requested by the voter 
 12.4   for a ballot that has been spoiled or lost in transit. 
 12.5      This subdivision does not apply to applications for 
 12.6   absentee ballots received pursuant to sections 203B.04, 
 12.7   subdivision 2, and 203B.11.  
 12.8      Sec. 17.  Minnesota Statutes 1996, section 203B.08, 
 12.9   subdivision 1, is amended to read: 
 12.10     Subdivision 1.  [MARKING AND RETURN BY VOTER.] An eligible 
 12.11  voter who receives absentee ballots as provided in this chapter 
 12.12  shall mark them in the manner specified in the directions for 
 12.13  casting the absentee ballots.  The return envelope containing 
 12.14  marked ballots may be mailed as provided in the directions for 
 12.15  casting the absentee ballots or may be left with the county 
 12.16  auditor or municipal clerk who transmitted the absentee ballots 
 12.17  to the voter.  
 12.18     The voter may designate an agent to deliver in person the 
 12.19  sealed absentee ballot return envelope to the county auditor or 
 12.20  municipal clerk or to deposit the return envelope in the mail.  
 12.21  An agent may deliver or mail the return envelopes of not more 
 12.22  than three voters in any election.  Any person designated as an 
 12.23  agent who tampers with either the return envelope or the voted 
 12.24  ballots or does not immediately mail or deliver the return 
 12.25  envelope to the county auditor or municipal clerk is guilty of a 
 12.26  misdemeanor. 
 12.27     Sec. 18.  [203B.081] [LOCATIONS FOR ABSENTEE VOTING IN 
 12.28  PERSON.] 
 12.29     An eligible voter may vote by absentee ballot in the office 
 12.30  of the county auditor and at any other polling place designated 
 12.31  by the county auditor during the 30 days before the election.  
 12.32  At least one voting booth in each polling place must be made 
 12.33  available by the county auditor for this purpose.  
 12.34     Sec. 19.  Minnesota Statutes 1996, section 203B.11, 
 12.35  subdivision 1, is amended to read: 
 12.36     Subdivision 1.  [GENERALLY.] Each full-time municipal clerk 
 13.1   who has authority under section 203B.05 to administer absentee 
 13.2   voting laws shall designate election judges to deliver absentee 
 13.3   ballots in accordance with this section.  The county auditor may 
 13.4   also designate election judges to perform the duties in this 
 13.5   section.  A ballot may be delivered only to an eligible voter 
 13.6   who is a temporary or permanent resident or patient in a health 
 13.7   care facility or hospital located in the municipality in which 
 13.8   the voter maintains residence.  The ballots shall be delivered 
 13.9   by two election judges, each of whom is affiliated with a 
 13.10  different major political party.  When the election judges 
 13.11  deliver or return ballots as provided in this section, they 
 13.12  shall travel together in the same vehicle.  Both election judges 
 13.13  shall be present when an applicant completes the certificate of 
 13.14  eligibility and marks the absentee ballots, and may assist an 
 13.15  applicant as provided in section 204C.15.  The election judges 
 13.16  shall deposit the return envelopes containing the marked 
 13.17  absentee ballots in a sealed container and return them to the 
 13.18  clerk on the same day that they are delivered and marked. 
 13.19     Sec. 20.  Minnesota Statutes 1996, section 203B.11, is 
 13.20  amended by adding a subdivision to read: 
 13.21     Subd. 4.  [AGENT DELIVERY OF BALLOTS.] During the four days 
 13.22  preceding an election and until 4:00 p.m. on election day, an 
 13.23  eligible voter who is a patient of a health care facility may 
 13.24  designate an agent to deliver the ballots to the voter from the 
 13.25  county auditor or municipal clerk.  The voted ballots must be 
 13.26  returned to the county auditor or municipal clerk no later than 
 13.27  5:00 p.m. on election day.  The voter must complete an affidavit 
 13.28  requesting the auditor or clerk to provide the agent with the 
 13.29  ballots in a sealed transmittal envelope.  The affidavit must 
 13.30  include a statement from the voter stating that the ballots were 
 13.31  delivered to the voter by the agent in the sealed transmittal 
 13.32  envelope.  An agent may deliver ballots to no more than three 
 13.33  persons in any election.  The secretary of state shall provide 
 13.34  samples of the affidavit and transmission envelope for use by 
 13.35  the county auditors. 
 13.36     Sec. 21.  Minnesota Statutes 1996, section 203B.12, 
 14.1   subdivision 2, is amended to read: 
 14.2      Subd. 2.  [EXAMINATION OF RETURN ENVELOPES.] Two or more 
 14.3   election judges shall examine each return envelope and shall 
 14.4   mark it accepted or rejected in the manner provided in this 
 14.5   subdivision.  If a ballot has been prepared under section 
 14.6   204B.12, subdivision 2a, or 204B.41, the election judges shall 
 14.7   not begin removing ballot envelopes from the return envelopes 
 14.8   until 8:00 p.m. on election day, either in the polling place or 
 14.9   at an absentee ballot board established under section 203B.13. 
 14.10     The election judges shall mark the return envelope 
 14.11  "Accepted" and initial or sign the return envelope below the 
 14.12  word "Accepted" if the election judges or a majority of them are 
 14.13  satisfied that:  
 14.14     (1) the voter's name and address on the return envelope are 
 14.15  the same as the information provided on the absentee ballot 
 14.16  application; 
 14.17     (a) (2) the voter's signature on the return envelope is the 
 14.18  genuine signature of the individual who made the application for 
 14.19  ballots and the certificate has been completed as prescribed in 
 14.20  the directions for casting an absentee ballot; 
 14.21     (b) (3) the voter is registered and eligible to vote in the 
 14.22  precinct or has included a properly completed registration card 
 14.23  in the return envelope; and 
 14.24     (c) (4) the voter has not already voted at that election, 
 14.25  either in person or by absentee ballot.  
 14.26     The return envelope from accepted ballots must be preserved 
 14.27  and returned to the county auditor.  
 14.28     If all or a majority of the election judges examining 
 14.29  return envelopes find that an absent voter has failed to meet 
 14.30  one of the requirements prescribed in clauses (a) (1) to 
 14.31  (c) (4), they shall mark the return envelope "Rejected," initial 
 14.32  or sign it below the word "Rejected," and return it to the 
 14.33  county auditor.  
 14.34     Sec. 22.  Minnesota Statutes 1996, section 203B.12, is 
 14.35  amended by adding a subdivision to read: 
 14.36     Subd. 7.  [NAMES OF PERSONS SUBMITTING ABSENTEE 
 15.1   BALLOTS.] The names of voters who have submitted an absentee 
 15.2   ballot return envelope to the county auditor or municipal clerk 
 15.3   may not be made available for public inspection until the close 
 15.4   of voting on election day.  
 15.5      Sec. 23.  Minnesota Statutes 1996, section 203B.13, 
 15.6   subdivision 1, is amended to read: 
 15.7      Subdivision 1.  [ESTABLISHMENT.] The governing body of 
 15.8   any county that has established a counting center as provided in 
 15.9   section 206.85, subdivision 2, any municipality may by 
 15.10  ordinance, or the school board of any school district may 
 15.11  by ordinance or resolution, authorize an absentee ballot board.  
 15.12  The board shall consist of a sufficient number of election 
 15.13  judges appointed as provided in sections 204B.19 to 204B.22.  
 15.14     Sec. 24.  Minnesota Statutes 1996, section 203B.13, 
 15.15  subdivision 2, is amended to read: 
 15.16     Subd. 2.  [DUTIES.] The absentee ballot board may do any of 
 15.17  the following:  
 15.18     (a) Receive from each precinct in the municipality or 
 15.19  school district all ballot envelopes marked "Accepted" by the 
 15.20  election judges; provided that the governing body of a 
 15.21  municipality or the school board of a school district may 
 15.22  authorize the board to examine all return absentee ballot 
 15.23  envelopes and receive or reject absentee ballots in the manner 
 15.24  provided in section 203B.12; 
 15.25     (b) Open and count the absentee ballots, tabulating the 
 15.26  vote in a manner that indicates each vote of the absentee voter 
 15.27  and the total absentee vote cast for each candidate or question 
 15.28  in each precinct; or 
 15.29     (c) Report the vote totals tabulated for each precinct.  
 15.30     The absentee ballot board may begin the process of 
 15.31  examining the return envelopes and marking them "accepted" or 
 15.32  "rejected" at any time during the 30 days before the election.  
 15.33  If an envelope has been rejected at least five days before the 
 15.34  election, the ballots in the envelope must be considered spoiled 
 15.35  ballots and the official in charge of the absentee ballot board 
 15.36  shall provide the voter with a replacement absentee ballot and 
 16.1   return envelope in place of the spoiled ballot.  The secretary 
 16.2   of state shall provide samples of the replacement ballot and 
 16.3   return envelope for use by the county auditor. 
 16.4      Sec. 25.  Minnesota Statutes 1996, section 203B.16, is 
 16.5   amended by adding a subdivision to read: 
 16.6      Subd. 3.  [DUTIES OF MUNICIPAL CLERK.] The municipal clerk 
 16.7   shall administer the duties of the county auditor in sections 
 16.8   203B.16 to 203B.27 for municipal elections not held on the same 
 16.9   day as a state or county election.  
 16.10     Sec. 26.  Minnesota Statutes 1996, section 203B.19, is 
 16.11  amended to read: 
 16.12     203B.19 [RECORDING APPLICATIONS.] 
 16.13     Upon accepting an application, the county auditor shall 
 16.14  record in a permanent register the voter's name, address of 
 16.15  present or former residence in Minnesota, mailing address, 
 16.16  school district number, and the category under section 203B.16, 
 16.17  to which the voter belongs.  After recording this information, 
 16.18  The county auditor shall retain the application record for two 
 16.19  four years after the date of the next general election.  A voter 
 16.20  whose name is recorded as provided in this section shall not be 
 16.21  required to register under any other provision of law in order 
 16.22  to vote under sections 203B.16 to 203B.27.  
 16.23     Sec. 27.  Minnesota Statutes 1996, section 204B.06, is 
 16.24  amended by adding a subdivision to read: 
 16.25     Subd. 8.  [PROOF OF ELIGIBILITY.] A candidate for judicial 
 16.26  office or for the office of county attorney shall submit with 
 16.27  the affidavit of candidacy proof that the candidate is licensed 
 16.28  to practice law in this state. 
 16.29     A candidate for county sheriff shall submit with the 
 16.30  affidavit of candidacy proof of licensure as a peace officer in 
 16.31  this state. 
 16.32     Sec. 28.  Minnesota Statutes 1996, section 204B.146, is 
 16.33  amended to read: 
 16.34     204B.146 [DUTIES OF SECRETARY OF STATE.] 
 16.35     Subdivision 1.  [REDISTRICTING.] The secretary of state 
 16.36  shall conduct conferences with the county auditors, municipal 
 17.1   clerks, and school district clerks to instruct them on the 
 17.2   procedures for redistricting of election districts and 
 17.3   establishment of election precincts in the year ending in one.  
 17.4      Subd. 2.  [PRECINCT AND ELECTION DISTRICT BOUNDARIES.] The 
 17.5   secretary of state shall maintain a computer database of 
 17.6   precinct and election district boundaries.  The secretary of 
 17.7   state shall revise the information in the database whenever a 
 17.8   precinct or election district boundary is changed.  The 
 17.9   secretary of state shall prepare maps illustrating precinct and 
 17.10  election district boundaries in either paper or electronic 
 17.11  formats and make them available to the public at the cost of 
 17.12  production. 
 17.13     The secretary of state may authorize municipalities and 
 17.14  counties to provide updated precinct and election district 
 17.15  boundary information in electronic formats. 
 17.16     The secretary of state shall provide periodic updates of 
 17.17  precinct and election district boundaries to the legislative 
 17.18  coordinating commission, the state demographer, and the land 
 17.19  management information center. 
 17.20     At least 30 days before the state primary, the secretary of 
 17.21  state shall provide the county auditor with maps of each 
 17.22  precinct in municipalities with more than one precinct.  The 
 17.23  county auditor shall forward the maps to the appropriate 
 17.24  municipal clerks, who shall post the map in the polling place on 
 17.25  the day of the state primary and the state general election. 
 17.26     Sec. 29.  Minnesota Statutes 1996, section 204B.15, is 
 17.27  amended to read: 
 17.28     204B.15 [UNORGANIZED TERRITORY; ELECTION PRECINCTS.] 
 17.29     A county board, at its meeting in either January or July, 
 17.30  upon the petition of not less than ten eligible voters residing 
 17.31  in unorganized territory more than ten miles from the polling 
 17.32  place in any established precinct, shall may establish a new 
 17.33  election precinct precincts to serve the residents of 
 17.34  unorganized territories.  The board shall designate a polling 
 17.35  place for the new precinct that is convenient for the 
 17.36  individuals residing in it.  No polling place designated under 
 18.1   this section shall be located within ten miles of an existing 
 18.2   polling place.  
 18.3      Sec. 30.  Minnesota Statutes 1996, section 204B.16, 
 18.4   subdivision 1a, is amended to read: 
 18.5      Subd. 1a.  [NOTICE TO VOTERS.] If the location of a polling 
 18.6   place has been changed, the governing body establishing the 
 18.7   polling place shall send each to every affected household with 
 18.8   at least one registered voter in the affected precinct a 
 18.9   nonforwardable mailed notice stating the location of the new 
 18.10  polling place at least 25 days before the next election.  The 
 18.11  secretary of state shall prepare a sample of this notice.  A 
 18.12  notice that is returned as undeliverable must be forwarded 
 18.13  immediately to the county auditor, who shall change the 
 18.14  registrant's status to "challenged" in the statewide 
 18.15  registration system.  This subdivision does not apply to a 
 18.16  polling place location that is changed on election day under 
 18.17  section 204B.17. 
 18.18     Sec. 31.  Minnesota Statutes 1996, section 204B.16, 
 18.19  subdivision 3, is amended to read: 
 18.20     Subd. 3.  [DESIGNATION EFFECTIVE UNTIL CHANGED.] The 
 18.21  designation of a polling place pursuant to this section shall 
 18.22  remain effective until a different polling place is designated 
 18.23  for that precinct.  No designation of a new or different polling 
 18.24  place shall become effective less than 30 90 days prior to an 
 18.25  election and no polling place changes may occur during the 
 18.26  period between the state primary and the state general election, 
 18.27  except that a new polling place may be designated to replace a 
 18.28  polling place that has become unavailable for use.  
 18.29     Sec. 32.  Minnesota Statutes 1996, section 204B.22, 
 18.30  subdivision 1, is amended to read: 
 18.31     Subdivision 1.  [MINIMUM NUMBER REQUIRED.] A minimum of 
 18.32  three election judges shall be appointed for each precinct.  In 
 18.33  a combined polling place under section 204B.14, subdivision 2, 
 18.34  at least one judge must be appointed from each municipality in 
 18.35  the combined polling place, provided that not less than three 
 18.36  judges shall be appointed for each combined polling place.  The 
 19.1   appointing authorities may appoint election judges for any 
 19.2   precinct in addition to the number required by this subdivision 
 19.3   including additional election judges to count ballots after 
 19.4   voting has ended.  An election judge may serve for all or part 
 19.5   of election day, at the discretion of the appointing authority, 
 19.6   as long as the minimum number of judges required is always 
 19.7   present. 
 19.8      Sec. 33.  Minnesota Statutes 1996, section 204B.23, is 
 19.9   amended to read: 
 19.10     204B.23 [VACANCIES AMONG ELECTION JUDGES.] 
 19.11     A vacancy on an election board occurs when any election 
 19.12  judge who is a member of that board:  
 19.13     (a) Fails to arrive at the polling place within 30 minutes 
 19.14  after the time when the polling place is scheduled to open; 
 19.15     (b) Becomes unable to perform the duties of the office 
 19.16  after assuming those duties; or 
 19.17     (c) For any reason fails or refuses to perform the duties 
 19.18  of the office as assigned by the chair of the election board. 
 19.19     When a vacancy occurs, the remaining election judges of the 
 19.20  precinct shall elect an individual to fill the vacancy subject 
 19.21  to the provisions of section 204B.19.  When possible the 
 19.22  election judges shall elect individuals who have been trained as 
 19.23  election judges pursuant to section 204B.25.  The oath signed by 
 19.24  the new election judge shall indicate that the new election 
 19.25  judge was elected to fill a vacancy.  The municipal clerk may 
 19.26  assign election judges to fill vacancies as they occur. 
 19.27     Sec. 34.  Minnesota Statutes 1996, section 204B.27, is 
 19.28  amended by adding a subdivision to read: 
 19.29     Subd. 9.  [ELECTION SUPPLY CONTRACT.] The secretary of 
 19.30  state may enter into a statewide contract from which any county 
 19.31  auditor may purchase ballots, forms, or other election supplies. 
 19.32     Sec. 35.  Minnesota Statutes 1996, section 204B.31, is 
 19.33  amended to read: 
 19.34     204B.31 [COMPENSATION FOR ELECTION SERVICES.] 
 19.35     Subdivision 1.  [COMPENSATION.] The compensation for 
 19.36  services performed under the Minnesota election law shall be as 
 20.1   follows: 
 20.2      (a) To presidential electors from funds appropriated to the 
 20.3   secretary of state for this purpose, $35 for each day of 
 20.4   attendance at the capitol and mileage for travel to and from the 
 20.5   capitol in the amount allowed for state employees in accordance 
 20.6   with section 43A.18, subdivision 2; 
 20.7      (b) To individuals, other than county, city, school 
 20.8   district, or town employees during their normal work day, who 
 20.9   are appointed by the county auditor to carry ballots to or from 
 20.10  the county auditor's office, a sum not less than the prevailing 
 20.11  Minnesota minimum wage for each hour spent in carrying ballots 
 20.12  and mileage in the amount allowed pursuant to section 471.665, 
 20.13  subdivision 1; 
 20.14     (c) To members of county canvassing boards, a sum not less 
 20.15  than the prevailing Minnesota minimum wage for each hour 
 20.16  necessarily spent and an amount for each mile of necessary 
 20.17  travel equal to the amount allowed pursuant to section 471.665, 
 20.18  subdivision 1; 
 20.19     (d) To election judges serving in any city, an amount fixed 
 20.20  by the governing body of the city; to election judges serving in 
 20.21  any school district election which is not held in conjunction 
 20.22  with a state election, an amount fixed by the school board of 
 20.23  the school district; to election judges serving in unorganized 
 20.24  territory, an amount fixed by the county board; and to election 
 20.25  judges serving in towns, an amount fixed by the town board.  
 20.26  Election judges shall receive at least the prevailing Minnesota 
 20.27  minimum wage for each hour spent carrying out their duties at 
 20.28  the polling places and in attending training sessions required 
 20.29  by section 204B.25, except as provided in subdivisions 2 and 3.  
 20.30  An election judge who travels to pick up election supplies or to 
 20.31  deliver election returns to the county auditor shall receive, in 
 20.32  addition to other compensation authorized by this section, a sum 
 20.33  not less than the prevailing Minnesota minimum wage for each 
 20.34  hour spent performing these duties, plus mileage in the same 
 20.35  amount as allowed pursuant to section 471.665, subdivision 1; 
 20.36  and 
 21.1      (e) To sergeants at arms, an amount for each hour of 
 21.2   service performed at the direction of the election judges, fixed 
 21.3   in the same manner as compensation for election judges. 
 21.4      Subd. 2.  [VOLUNTEER SERVICE.] Any person appointed to 
 21.5   serve as an election judge may elect to serve without payment by 
 21.6   submitting a written statement to the appropriate governing body 
 21.7   no later than ten days before the election. 
 21.8      Subd. 3.  [CONTRACT FOR ELECTION JUDGES.] Any governing 
 21.9   body responsible for appointment of election judges may enter 
 21.10  into a contract or agreement for the recruitment of election 
 21.11  judges with a nonprofit charitable, civic, public service, 
 21.12  fraternal, or veterans organization that does not engage in 
 21.13  lobbying and does not support or oppose the nomination or 
 21.14  election of a candidate for political office or the passage of a 
 21.15  ballot question.  The contract or agreement must state the 
 21.16  hourly compensation of the election judges to be provided to the 
 21.17  governing body for appointment.  The governing body may pay the 
 21.18  nonprofit organization directly for the services of the election 
 21.19  judges provided by the organization in lieu of direct payment to 
 21.20  the election judges. 
 21.21     Sec. 36.  Minnesota Statutes 1996, section 204B.36, 
 21.22  subdivision 2, is amended to read: 
 21.23     Subd. 2.  [CANDIDATES AND OFFICES.] The name of each 
 21.24  candidate shall be printed at a right angle to the length of the 
 21.25  ballot.  At a general election the name of the political party 
 21.26  or the political principle of each candidate for partisan office 
 21.27  shall be printed above or below the name of the candidate.  The 
 21.28  name of a political party or a political principle shall be 
 21.29  printed in capital and lower case letters of the same type, with 
 21.30  the capital letters at least one-half the height of the capital 
 21.31  letters used for names of the candidates.  At a general 
 21.32  election, blank lines containing the words "write-in, if any" 
 21.33  shall be printed below the name of the last candidate for each 
 21.34  office, or below the title of the office if no candidate has 
 21.35  filed for that office, so that a voter may write in the names of 
 21.36  individuals whose names are not on the ballot.  One blank line 
 22.1   shall be printed for each officer of that kind to be elected.  
 22.2   At a primary election, no blank lines shall be provided for 
 22.3   writing in the names of individuals whose names do not appear on 
 22.4   the primary ballot.  
 22.5      On the left side of the ballot at the same level with the 
 22.6   name of each candidate and each blank line shall be printed a 
 22.7   square in which the voter may designate a vote by a mark (X). 
 22.8   Each square shall be the same size.  Above the first name on 
 22.9   each ballot shall be printed the words, "Put an (X) in the 
 22.10  square opposite the name of each candidate you wish to vote 
 22.11  for."  At the same level with these words and directly above the 
 22.12  squares shall be printed a small arrow pointing downward.  
 22.13  Directly underneath the official title of each office shall be 
 22.14  printed the words "Vote for one" or "Vote for up to ..." (any 
 22.15  greater number to be elected). 
 22.16     Sec. 37.  [204B.47] [ALTERNATE ELECTION PROCEDURES; DUTIES 
 22.17  OF SECRETARY OF STATE.] 
 22.18     When any provision of the Minnesota election law cannot be 
 22.19  implemented as a result of an order or decision of a state or 
 22.20  federal court, the secretary of state shall adopt alternate 
 22.21  election procedures to permit the administration of any election 
 22.22  affected by such actions.  The alternate procedures shall remain 
 22.23  in effect until the last day of July following the final 
 22.24  adjournment of the subsequent session of the legislature, unless 
 22.25  otherwise provided by the legislature or by court order. 
 22.26     Sec. 38.  Minnesota Statutes 1996, section 204C.08, is 
 22.27  amended by adding a subdivision to read: 
 22.28     Subd. 2a.  [SAMPLE BALLOTS.] A sample ballot must be posted 
 22.29  in a conspicuous location in the polling place.  The sample 
 22.30  ballot must accurately reflect the offices, candidates, and 
 22.31  rotation sequence on the ballots used in that polling place. 
 22.32     Sec. 39.  Minnesota Statutes 1996, section 204C.15, 
 22.33  subdivision 1, is amended to read: 
 22.34     Subdivision 1.  [INTERPRETERS; PHYSICAL ASSISTANCE IN 
 22.35  MARKING BALLOTS.] A voter who claims under oath a need for 
 22.36  assistance because of inability to read English or physical 
 23.1   inability to mark a ballot may obtain the aid of two election 
 23.2   judges who are members of different major political parties.  
 23.3   The election judges shall mark the ballots as directed by the 
 23.4   voter and in as secret a manner as circumstances permit.  If the 
 23.5   voter is deaf or cannot speak English or understand it when it 
 23.6   is spoken, the election judges may select two individuals who 
 23.7   are members of different major political parties to act as 
 23.8   interpreters.  The interpreters shall take an oath similar to 
 23.9   that taken by election judges, and shall assist the individual 
 23.10  in marking the ballots.  A voter in need of assistance may 
 23.11  alternatively obtain the assistance of any individual the voter 
 23.12  chooses.  The individual who assists the voter shall take an 
 23.13  oath of eligibility to do so.  Only the following persons may 
 23.14  not provide assistance to a voter:  the voter's employer, an 
 23.15  agent of the voter's employer, an officer or agent of the 
 23.16  voter's union, or a candidate for election.  The person who 
 23.17  assists the voter shall, unaccompanied by an election judge, 
 23.18  retire with that voter to a booth and mark the ballot as 
 23.19  directed by the voter.  No person who assists another voter as 
 23.20  provided in the preceding sentence shall mark the ballots of 
 23.21  more than three voters at one election.  Before the ballots are 
 23.22  deposited, the voter may show them privately to an election 
 23.23  judge to ascertain that they are marked as the voter directed.  
 23.24  An election judge or other individual assisting a voter shall 
 23.25  not in any manner request, persuade, induce, or attempt to 
 23.26  persuade or induce the voter to vote for any particular 
 23.27  political party or candidate.  The election judges or other 
 23.28  individuals who assist the voter shall not reveal to anyone the 
 23.29  name of any candidate for whom the voter has voted or anything 
 23.30  that took place while assisting the voter. 
 23.31     Sec. 40.  Minnesota Statutes 1996, section 204C.31, 
 23.32  subdivision 2, is amended to read: 
 23.33     Subd. 2.  [STATE CANVASSING BOARD.] The state canvassing 
 23.34  board shall consist of the secretary of state, two judges of the 
 23.35  supreme court or the court of appeals, and two judges of the 
 23.36  district court selected by the secretary of state.  None of the 
 24.1   judges shall be a candidate at the election.  If a judge fails 
 24.2   to appear at the meeting of the canvassing board, the secretary 
 24.3   of state shall fill the vacancy in membership by selecting 
 24.4   another judge who is not a candidate at the election.  Not more 
 24.5   than two judges of the supreme court shall serve on the 
 24.6   canvassing board at one time.  
 24.7      Sec. 41.  Minnesota Statutes 1996, section 204C.32, is 
 24.8   amended to read: 
 24.9      204C.32 [CANVASS OF STATE PRIMARIES.] 
 24.10     Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
 24.11  board shall meet at the county auditor's office at 10:00 a.m. on 
 24.12  or before the third day following the state primary.  After 
 24.13  taking the oath of office, the canvassing board shall publicly 
 24.14  canvass the election returns delivered to the county auditor.  
 24.15  The board shall complete the canvass by the evening of the sixth 
 24.16  day following the election no later than the third day following 
 24.17  the state primary and shall promptly prepare and file with the 
 24.18  county auditor a report that states:  
 24.19     (a) The number of individuals voting at the election in the 
 24.20  county, and in each precinct; 
 24.21     (b) The number of individuals registering to vote on 
 24.22  election day and the number of individuals registered before 
 24.23  election day in each precinct; 
 24.24     (c) For each major political party, the names of the 
 24.25  candidates running for each partisan office and the number of 
 24.26  votes received by each candidate in the county and in each 
 24.27  precinct; 
 24.28     (d) The names of the candidates of each major political 
 24.29  party who are nominated; and 
 24.30     (e) The number of votes received by each of the candidates 
 24.31  for nonpartisan office in each precinct in the county and the 
 24.32  names of the candidates nominated for nonpartisan office.  
 24.33     Upon completion of the canvass, the county auditor shall 
 24.34  mail or deliver a notice of nomination to each nominee voted for 
 24.35  only in that county.  The county auditor shall transmit one of 
 24.36  the certified copies of the county canvassing board report for 
 25.1   state and federal offices to the secretary of state by express 
 25.2   mail or similar service immediately upon conclusion of the 
 25.3   county canvass.  
 25.4      Subd. 2.  [STATE CANVASS.] The state canvassing board shall 
 25.5   meet at the secretary of state's office on the second 
 25.6   Friday seven days after the state primary to canvass the 
 25.7   certified copies of the county canvassing board reports received 
 25.8   from the county auditors.  No later than two days Immediately 
 25.9   after the canvassing board declares the results, the secretary 
 25.10  of state shall certify the names of the nominees to the county 
 25.11  auditors and.  The secretary of state shall mail to each nominee 
 25.12  a notice of nomination. 
 25.13     Sec. 42.  Minnesota Statutes 1996, section 204C.33, 
 25.14  subdivision 1, is amended to read: 
 25.15     Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
 25.16  board shall meet at the county auditor's office on or before the 
 25.17  third seventh day following the state general election.  After 
 25.18  taking the oath of office, the board shall promptly and publicly 
 25.19  canvass the general election returns delivered to the county 
 25.20  auditor.  Upon completion of the canvass, the board shall 
 25.21  promptly prepare and file with the county auditor a report which 
 25.22  states:  
 25.23     (a) The number of individuals voting at the election in the 
 25.24  county and in each precinct; 
 25.25     (b) The number of individuals registering to vote on 
 25.26  election day and the number of individuals registered before 
 25.27  election day in each precinct; 
 25.28     (c) The names of the candidates for each office and the 
 25.29  number of votes received by each candidate in the county and in 
 25.30  each precinct; 
 25.31     (d) The number of votes counted for and against a proposed 
 25.32  change of county lines or county seat; and 
 25.33     (e) The number of votes counted for and against a 
 25.34  constitutional amendment or other question in the county and in 
 25.35  each precinct.  
 25.36     The result of write-in votes cast on the general election 
 26.1   ballots must be compiled by the county auditor prior to the 
 26.2   county canvass.  The county auditor shall arrange for each 
 26.3   municipality to provide an adequate number of election judges to 
 26.4   perform this duty or the county auditor may appoint additional 
 26.5   election judges for this purpose.  The county auditor may open 
 26.6   the envelopes or containers in which the voted ballots have been 
 26.7   sealed in order to count and record the write-in votes and must 
 26.8   reseal the voted ballots at the conclusion of this process. 
 26.9      Upon completion of the canvass, the county canvassing board 
 26.10  shall declare the candidate duly elected who received the 
 26.11  highest number of votes for each county and state office voted 
 26.12  for only within the county.  The county auditor shall promptly 
 26.13  certify to the secretary of state the vote reported by the 
 26.14  county canvassing board for candidates voted for in more than 
 26.15  one county.  The county auditor shall transmit one of the 
 26.16  certified copies of the county canvassing board report for state 
 26.17  and federal offices to the secretary of state by express mail or 
 26.18  similar service immediately upon conclusion of the county 
 26.19  canvass. 
 26.20     Sec. 43.  Minnesota Statutes 1996, section 205.10, 
 26.21  subdivision 3, is amended to read: 
 26.22     Subd. 3.  [PROHIBITION.] No special election shall be held 
 26.23  under this section on the second Tuesday in December and no 
 26.24  special election authorized under subdivision 1 may be held 
 26.25  within 60 days after the state general election. 
 26.26     Sec. 44.  Minnesota Statutes 1996, section 205.13, 
 26.27  subdivision 1, is amended to read: 
 26.28     Subdivision 1.  [AFFIDAVIT OF CANDIDACY.] An individual who 
 26.29  is eligible and desires to become a candidate for an office to 
 26.30  be voted for at the municipal general election shall file an 
 26.31  affidavit of candidacy with the municipal clerk.  Subject to the 
 26.32  approval of the county auditor, the town clerk may authorize 
 26.33  candidates for township offices to file affidavits of candidacy 
 26.34  with the county auditor.  The affidavit shall be in 
 26.35  substantially the same form as that in section 204B.06, 
 26.36  subdivision 1.  The municipal clerk shall also accept an 
 27.1   application signed by not less than five voters and filed on 
 27.2   behalf of an eligible voter in the municipality whom they desire 
 27.3   to be a candidate, if service of a copy of the application has 
 27.4   been made on the candidate and proof of service is endorsed on 
 27.5   the application being filed.  Upon receipt of the proper filing 
 27.6   fee, the clerk shall place the name of the candidate on the 
 27.7   official ballot without partisan designation.  
 27.8      Sec. 45.  Minnesota Statutes 1996, section 205.17, is 
 27.9   amended by adding a subdivision to read: 
 27.10     Subd. 6.  [FORM OF BALLOT.] The ballots for municipal 
 27.11  elections must be prepared by the municipal clerk in the manner 
 27.12  provided in the rules of the secretary of state. 
 27.13     Sec. 46.  Minnesota Statutes 1996, section 205A.05, 
 27.14  subdivision 1, is amended to read: 
 27.15     Subdivision 1.  [QUESTIONS.] Special elections must be held 
 27.16  for a school district on a question on which the voters are 
 27.17  authorized by law to pass judgment.  The school board may on its 
 27.18  own motion call a special election to vote on any matter 
 27.19  requiring approval of the voters of a district.  Upon petition 
 27.20  of 50 or more voters of the school district or five percent of 
 27.21  the number of voters voting at the preceding regular school 
 27.22  district election, the school board shall by resolution call a 
 27.23  special election to vote on any matter requiring approval of the 
 27.24  voters of a district.  A question is carried only with the 
 27.25  majority in its favor required by law.  The election officials 
 27.26  for a special election are the same as for the most recent 
 27.27  school district general election unless changed according to 
 27.28  law.  Otherwise, special elections must be conducted and the 
 27.29  returns made in the manner provided for the school district 
 27.30  general election.  A special election may not be held during the 
 27.31  30 days before and the 30 days after the state primary or, 
 27.32  during the 30 days before and the 60 days after the state 
 27.33  general election, or on the second Tuesday in December.  In 
 27.34  addition, a special election may not be held during the 20 days 
 27.35  before and the 20 days after any regularly scheduled election of 
 27.36  a municipality wholly or partially within the school district.  
 28.1   Notwithstanding any other law to the contrary, the time period 
 28.2   in which a special election must be conducted under any other 
 28.3   law may be extended by the school board to conform with the 
 28.4   requirements of this subdivision. 
 28.5      Sec. 47.  Minnesota Statutes 1996, section 205A.08, is 
 28.6   amended by adding a subdivision to read: 
 28.7      Subd. 5.  [FORM OF BALLOT.] The ballots for school district 
 28.8   elections must be prepared by the school district clerk in the 
 28.9   manner provided in the rules of the secretary of state. 
 28.10     Sec. 48.  Minnesota Statutes 1996, section 206.55, is 
 28.11  amended to read: 
 28.12     206.55 [MINNESOTA ELECTION LAW APPLIES.] 
 28.13     The use of lever voting machines and electronic voting 
 28.14  systems is governed by sections 206.55 to 206.87 206.90 and by 
 28.15  all other provisions of the Minnesota election law which are not 
 28.16  inconsistent with sections 206.55 to 206.87 206.90.  
 28.17     Sec. 49.  Minnesota Statutes 1996, section 206.56, 
 28.18  subdivision 1, is amended to read: 
 28.19     Subdivision 1.  [SCOPE.] The definitions in chapter 200 and 
 28.20  in this section apply to sections 206.55 to 206.87 206.90.  
 28.21     Sec. 50.  Minnesota Statutes 1996, section 206.56, 
 28.22  subdivision 3, is amended to read: 
 28.23     Subd. 3.  [BALLOT.] "Ballot" includes ballot strips, ballot 
 28.24  cards, ballot booklets, and paper ballots.  
 28.25     Sec. 51.  Minnesota Statutes 1996, section 206.56, 
 28.26  subdivision 5, is amended to read: 
 28.27     Subd. 5.  [BALLOT CARD.] "Ballot card" means a ballot which 
 28.28  is voted by the process of punching or which is marked so that 
 28.29  votes may be counted by automatic tabulating equipment.  
 28.30     Sec. 52.  Minnesota Statutes 1996, section 206.56, 
 28.31  subdivision 8, is amended to read: 
 28.32     Subd. 8.  [ELECTRONIC VOTING SYSTEM.] "Electronic voting 
 28.33  system" means a system in which the voter records votes by means 
 28.34  of marking or punching a ballot, which is designed so that votes 
 28.35  may be counted by automatic tabulating equipment at a counting 
 28.36  center.  
 29.1      Sec. 53.  Minnesota Statutes 1996, section 206.56, 
 29.2   subdivision 9, is amended to read: 
 29.3      Subd. 9.  [MARKING DEVICE.] "Marking device" means either 
 29.4   an apparatus in which ballot cards are inserted and used in 
 29.5   connection with a punch instrument for the piercing of the 
 29.6   ballot cards by the voter or any approved device for marking a 
 29.7   paper ballot with ink or other substance which will enable the 
 29.8   ballot to be tabulated by means of automatic tabulating 
 29.9   equipment.  The mark made by the marking device may be in the 
 29.10  form of a round dot, a square, or any other shape that will 
 29.11  clearly indicate the intent of the voter.  
 29.12     Sec. 54.  Minnesota Statutes 1996, section 206.57, is 
 29.13  amended to read: 
 29.14     206.57 [EXAMINATION OF NEW VOTING SYSTEMS.] 
 29.15     Subdivision 1.  [EXAMINATION AND REPORT BY SECRETARY OF 
 29.16  STATE; APPROVAL.] A vendor of a lever voting machine or an 
 29.17  electronic voting system may apply to the secretary of state to 
 29.18  examine the machine or system and to report as to its compliance 
 29.19  with the requirements of law and as to its accuracy, durability, 
 29.20  efficiency, and capacity to register the will of voters.  The 
 29.21  secretary of state or a designee shall examine the machine or 
 29.22  system submitted and file a report on it in the office of the 
 29.23  secretary of state.  Examination is not required of every 
 29.24  individual machine or counting device, but only of each type of 
 29.25  lever voting machine or electronic voting system before its 
 29.26  adoption, use, or purchase and before its continued use after 
 29.27  significant changes have been made in an approved machine or 
 29.28  system.  The examination must include the ballot programming, 
 29.29  vote counting, and vote accumulation functions of each voting 
 29.30  machine or system. 
 29.31     If the report of the secretary of state or the secretary's 
 29.32  designee concludes that the kind of machine or system examined 
 29.33  complies with the requirements of sections 206.55 to 206.90 and 
 29.34  can be used safely, the machine or system shall be deemed 
 29.35  approved by the secretary of state, and may be adopted and 
 29.36  purchased for use at elections in this state.  A voting machine 
 30.1   or system not approved by the secretary of state may not be used 
 30.2   at an election in this state.  The secretary of state may adopt 
 30.3   permanent rules consistent with sections 206.55 to 206.90 
 30.4   relating to the examination and use of voting machines and 
 30.5   electronic voting systems.  
 30.6      Subd. 2.  [EXAMINATION FEE.] The secretary of state may 
 30.7   assess a fee to accompany the application to cover the actual 
 30.8   and necessary costs for the examinations and licenses provided 
 30.9   for in this section.  The fee shall must be deposited in the 
 30.10  state treasury.  The expenses of administering this 
 30.11  section shall must be paid from the appropriations made to the 
 30.12  secretary of state.  
 30.13     Subd. 4.  [VENDOR BONDS.] Vendors of lever voting machines 
 30.14  or electronic voting systems shall certify to the secretary of 
 30.15  state that they will not offer for sale any voting machine or a 
 30.16  system which is not certified for use in Minnesota elections.  
 30.17  The vendor shall furnish a bond in the amount of $5,000 along 
 30.18  with the certification to the secretary of state conditioned on 
 30.19  offering the equipment for sale in accordance with Minnesota 
 30.20  election laws and any conditions of the approval of the 
 30.21  equipment granted as provided in this section.  
 30.22     Sec. 55.  Minnesota Statutes 1996, section 206.58, is 
 30.23  amended to read: 
 30.24     206.58 [AUTHORIZATION FOR USE.] 
 30.25     Subdivision 1.  [MUNICIPALITIES.] The governing body of a 
 30.26  municipality, at a regular meeting or at a special meeting 
 30.27  called for the purpose, may provide for the use of lever voting 
 30.28  machines or, by the affirmative vote of two-thirds of its 
 30.29  members, may provide for the use of an electronic voting system, 
 30.30  in one or more precincts and at all elections in the precincts, 
 30.31  subject to approval by the county auditor.  The governing body 
 30.32  shall disseminate information to the public about the use of a 
 30.33  new voting system at least 60 days prior to the election and 
 30.34  shall provide for instruction of voters with a demonstration 
 30.35  voting machine or device system in a public place for the six 
 30.36  weeks immediately prior to the first election at which the new 
 31.1   voting system will be used.  
 31.2      If a machine is designed in a way that does not allow 
 31.3   voting on all candidates and issues pursuant to this chapter, 
 31.4   the machines may be used to the extent compliance with this 
 31.5   chapter is possible and paper ballots complying with election 
 31.6   laws shall be used for all other offices and issues.  No machine 
 31.7   or system shall may be adopted or used unless it has been 
 31.8   approved by the secretary of state pursuant to section 206.57. 
 31.9      Subd. 2.  [MAY USE EXPERIMENTAL MACHINES SYSTEMS.] The 
 31.10  governing body of a municipality may provide for the 
 31.11  experimental use of lever voting machines or an electronic 
 31.12  voting system in one or more precincts without formal adoption 
 31.13  of the machines or system.  Use of the machines or system at an 
 31.14  election shall be is as valid for all purposes as if the 
 31.15  machines or system had been permanently adopted.  
 31.16     When If the governing body of a municipality decides to use 
 31.17  lever voting machines or an electronic voting system, it shall, 
 31.18  at a regular or special meeting held not less than 30 days 
 31.19  before the election, prescribe suitable rules and instructions 
 31.20  consistent with sections 206.55 to 206.87 206.90 for using the 
 31.21  machine or system and shall submit the rules and instructions to 
 31.22  the secretary of state for approval.  When approved, a printed 
 31.23  copy of the rules and instructions shall must be posted 
 31.24  prominently in the polling place and shall must remain open to 
 31.25  inspection by the voters throughout election day.  
 31.26     Subd. 3.  [COUNTIES.] The governing body of a county may 
 31.27  provide for the use of lever voting machines an electronic 
 31.28  voting system in one or more precincts of the county at all 
 31.29  elections.  The governing body of a county containing a city of 
 31.30  the first class, at a regular meeting or at a special meeting 
 31.31  called for the purpose, may provide for the use of lever voting 
 31.32  machines or, by the affirmative vote of two-thirds of its 
 31.33  members, may provide for the use of an electronic voting system, 
 31.34  in one or more municipalities of the county, at all elections.  
 31.35  The governing body of the municipality shall give approval 
 31.36  before a voting machine or an electronic voting system may be 
 32.1   adopted or used in the municipality under the authority of this 
 32.2   section.  No machine or system may be adopted or used unless it 
 32.3   has been approved by the secretary of state pursuant to section 
 32.4   206.57.  
 32.5      Subd. 4.  [CERTIFICATION OF USE OF VOTING MACHINES 
 32.6   SYSTEMS.] When If a municipality adopts the use of lever voting 
 32.7   machines or an electronic voting system, it is the duty of the 
 32.8   municipal clerk to shall certify to the secretary of state 
 32.9   within 30 days from the date of adoption that lever voting 
 32.10  machines or an electronic voting system will be used in the 
 32.11  municipality and the date when use will commence.  
 32.12     Sec. 56.  Minnesota Statutes 1996, section 206.59, is 
 32.13  amended to read: 
 32.14     206.59 [PAYMENT FOR MACHINES VOTING SYSTEMS.] 
 32.15     Payment for lever voting machines or an electronic voting 
 32.16  system may be provided for in the manner deemed in the best 
 32.17  interests of the political division adopting and purchasing them 
 32.18  it.  A municipality or county may make payment by appropriating 
 32.19  money from the general fund, by levying a tax in the same manner 
 32.20  as other taxes are levied, or by issuing and selling bonds or 
 32.21  other certificates of indebtedness, which shall must be a charge 
 32.22  upon the municipality or county adopting and purchasing 
 32.23  the lever voting machines or electronic voting system. Bonds or 
 32.24  other certificates of indebtedness may be issued by a majority 
 32.25  vote of the governing body of the municipality or county 
 32.26  adopting and purchasing voting machines or an electronic voting 
 32.27  system, notwithstanding any contrary provision contained in any 
 32.28  home rule charter or law of this state.  
 32.29     The bonds or certificates of indebtedness issued may bear 
 32.30  interest at a rate not exceeding the rate provided in section 
 32.31  475.55 and may be made payable at a time not exceeding 20 years 
 32.32  from the date of issue, as determined by the resolution or 
 32.33  ordinance authorizing the issue.  The bonds or certificates of 
 32.34  indebtedness may be issued exclusive of and in addition to any 
 32.35  limit of indebtedness fixed by the charter of a municipality, or 
 32.36  by laws governing a municipality or county, but the bonds or 
 33.1   certificates of indebtedness may not be issued or sold at less 
 33.2   than par and accrued interest on them.  
 33.3      Sec. 57.  Minnesota Statutes 1996, section 206.61, 
 33.4   subdivision 1, is amended to read: 
 33.5      Subdivision 1.  [OFFICIAL RESPONSIBLE FOR PROVIDING 
 33.6   BALLOTS.] The official charged with providing paper ballots when 
 33.7   they are used shall provide all ballot strips and ballot cards, 
 33.8   ballot booklets, diagrams, sample ballots, precinct summary 
 33.9   statements, and other necessary supplies needed for lever voting 
 33.10  machines or electronic voting systems, except as otherwise 
 33.11  provided by this section.  
 33.12     At general elections and primaries the county auditor of 
 33.13  each county in which lever voting machines or an electronic 
 33.14  voting system are is used shall provide all ballot strips, 
 33.15  ballot cards, ballot booklets, and other necessary printed forms 
 33.16  and supplies needed for the lever voting machines or electronic 
 33.17  voting system, including all forms needed for voting on 
 33.18  candidates and questions, the ballots for which are required by 
 33.19  the election laws to be provided by the state when paper ballots 
 33.20  are used.  
 33.21     Sec. 58.  Minnesota Statutes 1996, section 206.61, 
 33.22  subdivision 3, is amended to read: 
 33.23     Subd. 3.  [CANDIDATES' NAMES.] Candidates' names may be set 
 33.24  in as large type as the length of the majority of names on the 
 33.25  ballot permits.  The remaining candidates' names may be set in 
 33.26  smaller sizes of type as the length of each name requires, in 
 33.27  order to fit the available space on the ballot strip or ballot 
 33.28  booklet card.  
 33.29     Sec. 59.  Minnesota Statutes 1996, section 206.61, 
 33.30  subdivision 5, is amended to read: 
 33.31     Subd. 5.  [ALTERNATION.] The provisions of the election 
 33.32  laws requiring the alternation of names of candidates shall must 
 33.33  be observed as far as practicable by changing the order of the 
 33.34  names on the lever voting machines or an electronic voting 
 33.35  system in the various precincts so that each name appears on the 
 33.36  machines or marking devices used in a municipality substantially 
 34.1   an equal number of times in the first, last, and in each 
 34.2   intermediate place in the list or group in which they belong. 
 34.3   However, the arrangement of candidates' names shall must be the 
 34.4   same on all lever voting machines or marking devices systems 
 34.5   used in the same precinct.  When If the number of names to be 
 34.6   alternated exceeds the number of precincts, the election 
 34.7   official responsible for providing the ballots, in accordance 
 34.8   with subdivision 1, shall determine by lot the alternation of 
 34.9   names. 
 34.10     Sec. 60.  Minnesota Statutes 1996, section 206.62, is 
 34.11  amended to read: 
 34.12     206.62 [SAMPLE BALLOTS.] 
 34.13     The officials who prepare ballot strips or ballot booklets 
 34.14  cards shall provide each polling place with at least two sample 
 34.15  ballots which are facsimiles of the ballot strip or ballot 
 34.16  booklet card to be voted on in that precinct.  Candidates' names 
 34.17  may not be rotated on the sample ballots but must be arranged in 
 34.18  alphabetical order for all offices where rotation of names on 
 34.19  the official ballots is required by law.  The sample ballots may 
 34.20  be either in full or reduced size.  They must contain suitable 
 34.21  illustrated directions for voting on a lever voting machine or 
 34.22  for operating a marking device, or illustrated instructions must 
 34.23  be provided on a separate poster placed adjacent to each sample 
 34.24  ballot.  The sample ballots must be posted prominently in the 
 34.25  polling place and must remain open to inspection by the voters 
 34.26  throughout election day.  
 34.27     Sec. 61.  Minnesota Statutes 1996, section 206.64, 
 34.28  subdivision 1, is amended to read: 
 34.29     Subdivision 1.  [GENERAL PROVISIONS FOR LEVER MACHINE 
 34.30  VOTING AND ELECTRONIC SYSTEM VOTING.] Each lever voting machine 
 34.31  and electronic voting system booth must be placed and protected 
 34.32  so that it is accessible to only one voter at a time and is in 
 34.33  full view of all the election judges and challengers at the 
 34.34  polling place.  The election judges shall admit one individual 
 34.35  at a time to each machine or booth after determining that the 
 34.36  individual is eligible to vote.  Voting by lever voting machine 
 35.1   or electronic voting system shall must be secret, except as 
 35.2   provided in this section for voters who need assistance.  A 
 35.3   voter may remain inside the voting booth for three minutes.  A 
 35.4   voter who refuses to leave the voting booth after three minutes 
 35.5   shall must be removed by the election judges.  An election judge 
 35.6   shall inspect the face of each lever voting machine and marking 
 35.7   device after each voter has voted to determine that the ballot 
 35.8   strips and ballot booklets are in the proper places and that the 
 35.9   machine or device has not been injured or tampered with.  During 
 35.10  voting hours the door or other compartment of a lever voting 
 35.11  machine may not be unlocked or opened, nor may the counters be 
 35.12  exposed except by a custodian or other authorized person, who 
 35.13  shall make and sign a statement of explanation to be attached to 
 35.14  the election returns. 
 35.15     Sec. 62.  Minnesota Statutes 1996, section 206.66, is 
 35.16  amended to read: 
 35.17     206.66 [VIOLATIONS; PENALTIES.] 
 35.18     Subdivision 1.  [INJURING VOTING MACHINES.] An individual 
 35.19  who intentionally injures or attempts to injure or render 
 35.20  ineffectual a lever voting machine or any component of an 
 35.21  electronic voting system, or who violates any of the provisions 
 35.22  of sections 206.55 to 206.90, is guilty of a felony.  
 35.23     Subd. 2.  [VIOLATION OF LAW, RULES.] An individual who 
 35.24  violates any rules adopted by the secretary of state or by the 
 35.25  governing body of a municipality where lever voting machines or 
 35.26  an electronic voting system are is used, or who violates any of 
 35.27  the provisions of sections 206.55 to 206.90, is guilty of a 
 35.28  gross misdemeanor. 
 35.29     Subd. 3.  [PERFORMANCE BOND.] A vendor of voting machines, 
 35.30  electronic voting systems, or related election services shall 
 35.31  furnish the secretary of state with a sufficient bond 
 35.32  conditioned on the performance of those machines, systems, or 
 35.33  services in accordance with the Minnesota election law and any 
 35.34  contract or agreement made with an election jurisdiction in 
 35.35  Minnesota.  The vendor bond required under section 206.57, 
 35.36  subdivision 4, may serve as the performance bond required under 
 36.1   this subdivision.  The secretary of state shall send notice of 
 36.2   the receipt or forfeiture of a bond under this subdivision to 
 36.3   each official on the user list. 
 36.4      Sec. 63.  Minnesota Statutes 1996, section 206.80, is 
 36.5   amended to read: 
 36.6      206.80 [ELECTRONIC VOTING SYSTEMS.] 
 36.7      (a) An electronic voting system may not be employed unless 
 36.8   it: 
 36.9      (1) permits every voter to vote in secret; 
 36.10     (2) permits every voter to vote for all candidates and 
 36.11  questions for whom or upon which the voter is legally entitled 
 36.12  to vote; 
 36.13     (3) provides for write-in voting when authorized; 
 36.14     (4) rejects by means of the automatic tabulating equipment, 
 36.15  except as provided in section 206.84 with respect to write-in 
 36.16  votes, all votes for an office or question when the number of 
 36.17  votes cast on it exceeds the number which the voter is entitled 
 36.18  to cast; 
 36.19     (5) permits a voter at a primary election to select 
 36.20  secretly the party for which the voter wishes to vote; and 
 36.21     (6) rejects, by means of the automatic tabulating 
 36.22  equipment, all votes cast in a primary election by a voter when 
 36.23  the voter votes for candidates of more than one party, except as 
 36.24  provided in paragraph (b).  
 36.25     (b) A punch card electronic voting system may not be 
 36.26  employed at a partisan primary election unless it permits a 
 36.27  voter at a partisan primary election to select the party for 
 36.28  which the voter wishes to vote by punching out an indicator for 
 36.29  one of the parties only, and must reject, by means of the 
 36.30  automatic tabulating equipment, all votes cast in a partisan 
 36.31  primary election by a voter for candidates of a party other than 
 36.32  the one chosen by the voter from the party indicators. 
 36.33     Sec. 64.  Minnesota Statutes 1996, section 206.81, is 
 36.34  amended to read: 
 36.35     206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 
 36.36     The secretary of state may license an electronic voting 
 37.1   system for experimental use at an election prior to its approval 
 37.2   for general use.  Experimental use shall must be observed by the 
 37.3   secretary of state or the secretary's designee and the results 
 37.4   observed shall must be considered at any subsequent proceedings 
 37.5   for approval for general use.  The secretary of state may adopt 
 37.6   rules consistent with sections 206.55 to 206.87 206.90 relating 
 37.7   to experimental use.  The extent of experimental use shall must 
 37.8   be determined by the secretary of state.  
 37.9      Sec. 65.  Minnesota Statutes 1996, section 206.83, is 
 37.10  amended to read: 
 37.11     206.83 [TESTING OF VOTING SYSTEMS.] 
 37.12     The official in charge of elections shall have the voting 
 37.13  system tested to ascertain that the system will correctly count 
 37.14  the votes cast for all candidates and on all questions (1) 
 37.15  within five days prior to election day, for punch card voting 
 37.16  systems, or (2) within 14 days prior to election day, for 
 37.17  optical scan voting systems.  Public notice of the time and 
 37.18  place of the test must be given at least two days in advance by 
 37.19  publication once in official newspapers.  The test must be 
 37.20  observed by at least two election judges, who are not of the 
 37.21  same major political party, and must be open to representatives 
 37.22  of the political parties, candidates, the press, and the 
 37.23  public.  The test must be conducted by processing a preaudited 
 37.24  group of ballots punched or marked to record a predetermined 
 37.25  number of valid votes for each candidate and on each question, 
 37.26  and must include for each office one or more ballot cards which 
 37.27  have votes in excess of the number allowed by law in order to 
 37.28  test the ability of the voting system to reject those votes.  If 
 37.29  any error is detected, the cause must be ascertained and 
 37.30  corrected and an errorless count must be made before the voting 
 37.31  system may be used in the election.  The test for punch card 
 37.32  voting systems must be repeated immediately before the start of 
 37.33  the official count of the ballots, in the manner provided in 
 37.34  this section.  After the completion of the count test, the 
 37.35  programs used and ballot cards must be sealed, retained, and 
 37.36  disposed of as provided for paper ballots. 
 38.1      Sec. 66.  Minnesota Statutes 1996, section 206.84, 
 38.2   subdivision 3, is amended to read: 
 38.3      Subd. 3.  [BALLOTS.] The ballot information, whether placed 
 38.4   on the ballot card or on the ballot booklet must, as far as 
 38.5   practicable, must be in the same order provided for paper 
 38.6   ballots, except that the information may be in vertical or 
 38.7   horizontal rows, or on a number of separate pages.  The 
 38.8   secretary of state shall provide by rule for standard ballot 
 38.9   formats for electronic voting systems.  
 38.10     The pages of a partisan primary ballot booklet must be 
 38.11  different colors for different parties.  The colors available 
 38.12  for partisan primary ballot booklet pages are purple, orange, 
 38.13  and buff.  The chairs of the major political parties shall 
 38.14  choose from among those colors in a random drawing conducted by 
 38.15  the secretary of state.  A color chosen by a party is 
 38.16  permanently assigned to that party. 
 38.17     A partisan primary ballot booklet must be designed to 
 38.18  include a form of party indicator by which the voter may choose 
 38.19  the party in whose primary the voter intends to vote. 
 38.20     All pages of a party's primary ballot must be consecutive, 
 38.21  without the insertion of pages from another party.  Partisan 
 38.22  primary ballot booklets must contain a prominent notice of the 
 38.23  effect of attempting to vote in more than one party's primary.  
 38.24  A separate ballot booklet may also be used for each party in a 
 38.25  partisan primary.  
 38.26     Ballots for all questions must be provided in the same 
 38.27  manner.  Where ballot booklets are placed in a marking device, 
 38.28  they shall be arranged on or in the marking device in the places 
 38.29  provided.  Ballot cards may contain special printed marks and 
 38.30  holes as required for proper positioning and reading of the 
 38.31  ballots by electronic vote counting equipment.  Ballot cards 
 38.32  must contain an identification of the precinct for which they 
 38.33  have been prepared which can be read visually and which can be 
 38.34  tabulated by the automatic tabulating equipment. 
 38.35     Sec. 67.  Minnesota Statutes 1996, section 206.84, 
 38.36  subdivision 6, is amended to read: 
 39.1      Subd. 6.  [DUTIES OF OFFICIAL IN CHARGE.] The official in 
 39.2   charge of elections in each municipality where an electronic 
 39.3   voting system is used shall have the marking devices voting 
 39.4   systems put in order, set, adjusted, and made ready for voting 
 39.5   when delivered to the election precincts.  The official shall 
 39.6   also provide each precinct with a container for transporting 
 39.7   ballot cards to the counting location after the polls close.  
 39.8   The container shall be of sturdy material to protect the ballots 
 39.9   from all reasonably foreseeable hazards including auto 
 39.10  collisions.  The election judges shall meet at the polling place 
 39.11  at least one hour before the time for opening the polls.  Before 
 39.12  the polls open the election judges shall compare the 
 39.13  ballot booklets cards used with the sample ballots furnished to 
 39.14  see that the names, numbers, and letters on both agree and shall 
 39.15  certify to that fact on forms provided for the purpose.  The 
 39.16  certification must be filed with the election returns.  
 39.17     Sec. 68.  Minnesota Statutes 1996, section 206.84, 
 39.18  subdivision 7, is amended to read: 
 39.19     Subd. 7.  [SPOILED BALLOT CARDS.] A voter who spoils a 
 39.20  ballot card or makes an error may return it to the election 
 39.21  judges and obtain another.  Except as otherwise provided in 
 39.22  sections 206.55 to 206.87 206.90, the election judges shall 
 39.23  conduct the election in the manner prescribed for precincts 
 39.24  using paper ballots in chapters 204C and 204D.  
 39.25     Sec. 69.  Minnesota Statutes 1996, section 206.86, 
 39.26  subdivision 1, is amended to read: 
 39.27     Subdivision 1.  [AT THE VOTING LOCATION.] In precincts 
 39.28  where an electronic voting system is used, as soon as the polls 
 39.29  are closed the election judges shall secure the marking devices 
 39.30  voting systems against further voting.  They shall then open the 
 39.31  ballot box and count the number of ballot cards or envelopes 
 39.32  containing ballot cards that have been cast to determine that 
 39.33  the number of ballot cards does not exceed the number of voters 
 39.34  shown on the election register or registration file.  If there 
 39.35  is an excess, the judges shall process the ballot cards in the 
 39.36  same manner as paper ballots are processed in section 204C.20, 
 40.1   subdivision 2. The total number of voters must be entered on the 
 40.2   forms provided.  The judges shall next count the write-in votes 
 40.3   and enter the number of those votes on forms provided for the 
 40.4   purpose.  If ballot cards are used, all ballot envelopes on 
 40.5   which write-in votes have been recorded must be serially 
 40.6   numbered, starting with the number one, and the same number must 
 40.7   be placed on the ballot card of the voter.  The judges shall 
 40.8   compare the write-in votes with the votes cast on the ballot 
 40.9   card.  If the total number of votes for any office exceeds the 
 40.10  number allowed by law, a notation to that effect must be entered 
 40.11  on the back of the ballot card and the card must be returned to 
 40.12  the counting center in an envelope marked "defective ballots"; 
 40.13  however, valid votes on ballot cards containing invalid votes 
 40.14  must be counted as provided in subdivision 5.  If paper ballots 
 40.15  are used, the judges, before counting the write-in votes, shall 
 40.16  compare the write-in votes with the votes cast elsewhere on the 
 40.17  ballot card.  If the total number of votes for an office 
 40.18  involving a write-in vote exceeds the number allowed by law, a 
 40.19  notation to that effect must be entered on the back of the 
 40.20  ballot.  Valid votes on the rest of such a ballot must be 
 40.21  tallied by the judges at the precinct, on a form provided for 
 40.22  the purpose.  The ballot must then be placed in an envelope 
 40.23  marked "defective ballots" and returned to the counting center. 
 40.24  The total number of defective ballots must be added to the 
 40.25  totals for the respective precincts and the defective ballots 
 40.26  disposed of as provided by section 204C.25.  
 40.27     Sec. 70.  Minnesota Statutes 1996, section 206.86, 
 40.28  subdivision 2, is amended to read: 
 40.29     Subd. 2.  [TRANSPORTATION OF BALLOT CARDS.] The judges 
 40.30  shall place all voted ballot cards, envelopes with write-in 
 40.31  ballots, defective ballots, and damaged ballots in the container 
 40.32  provided for transporting them to the counting center.  The 
 40.33  container must be sealed and delivered immediately to the 
 40.34  counting center by two judges who are not of the same major 
 40.35  political party.  The judges shall also deliver to the counting 
 40.36  center in a suitable container the unused ballot cards, the 
 41.1   spoiled ballot envelope, and the ballot envelopes issued to the 
 41.2   voters and deposited during the day in the ballot box. 
 41.3      Sec. 71.  Minnesota Statutes 1996, section 206.90, 
 41.4   subdivision 4, is amended to read: 
 41.5      Subd. 4.  [ABSENTEE VOTING.] An optical scan voting system 
 41.6   may be used for absentee voting as long as.  The county auditor 
 41.7   may supply an appropriate marking instrument is supplied to the 
 41.8   voter along with the ballot. 
 41.9      Sec. 72.  Minnesota Statutes 1996, section 206.90, 
 41.10  subdivision 6, is amended to read: 
 41.11     Subd. 6.  [BALLOTS.] In precincts using optical scan voting 
 41.12  systems, a single ballot card on which all ballot information is 
 41.13  included must be printed in black ink on white colored material 
 41.14  except that marks not to be read by the automatic tabulating 
 41.15  equipment may be printed in another color ink.  
 41.16     When optical scan ballots are used, the offices to be 
 41.17  elected must appear in the following order:  federal offices; 
 41.18  state legislative offices; constitutional offices; proposed 
 41.19  constitutional amendments; county offices and questions; 
 41.20  municipal offices and questions; school district offices and 
 41.21  questions; special district offices and questions; and judicial 
 41.22  offices. 
 41.23     On optical scan ballots, the names of candidates and the 
 41.24  words "yes" and "no" for ballot questions must be printed as 
 41.25  close to their corresponding vote targets as possible. 
 41.26     The line on an optical scan ballot for write-in votes must 
 41.27  contain the words "write-in, if any." 
 41.28     Sec. 73.  Minnesota Statutes 1996, section 207A.03, 
 41.29  subdivision 2, is amended to read: 
 41.30     Subd. 2.  [VOTER CERTIFICATION; BALLOT.] An individual 
 41.31  seeking to vote at the presidential primary shall request the 
 41.32  ballot of the party for whose candidates the individual wishes 
 41.33  to vote.  The voter registration certificate or duplicate 
 41.34  registration file polling place roster for the presidential 
 41.35  primary must list the names of the political parties appearing 
 41.36  on the ballot at the presidential primary.  Before receiving a 
 42.1   ballot, a voter shall sign the voter's certificate or duplicate 
 42.2   registration file polling place roster and shall place a check 
 42.3   mark beside indicate the name of the political party whose 
 42.4   ballot the voter requested. 
 42.5      Sec. 74.  Minnesota Statutes 1996, section 211B.14, is 
 42.6   amended to read: 
 42.7      211B.14 [DIGEST OF LAWS.] 
 42.8      The secretary of state, with the approval of the attorney 
 42.9   general, shall prepare and print an easily understandable digest 
 42.10  of this chapter and annotations of it.  The digest may include 
 42.11  other related laws and annotations at the discretion of the 
 42.12  secretary of state. 
 42.13     The secretary of state shall distribute the digest to 
 42.14  candidates and committees through the county auditor or 
 42.15  otherwise as the secretary of state considers expedient.  A copy 
 42.16  of the digest and, if appropriate, a financial reporting form 
 42.17  and a certification of filing form must be distributed to each 
 42.18  candidate by the filing officer at the time that the candidate's 
 42.19  affidavit of candidacy is filed. 
 42.20     Sec. 75.  Minnesota Statutes 1996, section 367.03, 
 42.21  subdivision 1, is amended to read: 
 42.22     Subdivision 1.  [SUPERVISORS, TERMS.] Except in towns 
 42.23  operating under option A or in towns operating as provided in 
 42.24  subdivision 4, three supervisors shall be elected in each town 
 42.25  at the town general election as provided in this section.  Each 
 42.26  supervisor shall be elected for a term of three years and shall 
 42.27  serve until a successor is elected and qualified.  
 42.28     Sec. 76.  Minnesota Statutes 1996, section 367.25, 
 42.29  subdivision 1, is amended to read: 
 42.30     Subdivision 1.  [REQUIREMENT, FEE.] Every person elected at 
 42.31  a March election or appointed to a town office, within ten days 
 42.32  after receiving a certificate or notice of election or 
 42.33  appointment, shall take and subscribe the oath required by law.  
 42.34  Persons elected at a November election shall take their oath 
 42.35  prior to assuming office.  If taken before the town clerk, the 
 42.36  oath shall be administered and certified without fee. 
 43.1      Sec. 77.  Minnesota Statutes 1996, section 387.01, is 
 43.2   amended to read: 
 43.3      387.01 [QUALIFICATIONS; BOND; OATH.] 
 43.4      Every person who files as a candidate for county sheriff 
 43.5   must be licensed as a peace officer in this state.  Every person 
 43.6   elected or appointed to the office of sheriff after August 1, 
 43.7   1973, and not holding a certificate of satisfactory completion 
 43.8   of the basic course in training issued by the executive director 
 43.9   of the Minnesota peace officers training board, shall, within 
 43.10  one year after assuming office obtain such certificate, except 
 43.11  that sheriffs in office on August 1, 1973, shall be considered 
 43.12  to be qualified and eligible to continue in office as sheriff 
 43.13  and to be reelected to that office.  A sheriff who without good 
 43.14  cause does not obtain a certificate of satisfactory completion 
 43.15  as required by this section shall thereafter forfeit all 
 43.16  privileges and compensation, the office of sheriff shall be 
 43.17  deemed vacant, and the county board may fill said office at a 
 43.18  special election called for that purpose, but shall fill said 
 43.19  office no later than at the next general election must become 
 43.20  licensed as a peace officer before entering upon the duties of 
 43.21  the office.  Before entering upon duties every sheriff shall 
 43.22  give bond to the state in a sum not less than $25,000 in 
 43.23  counties whose population exceeds 150,000, and not less than 
 43.24  $5,000 in all other counties, to be approved by the county 
 43.25  board, conditioned that the sheriff will well and faithfully in 
 43.26  all things perform and execute the duties of office, without 
 43.27  fraud, deceit, or oppression, which bond, with an oath of 
 43.28  office, shall be filed for record with the county recorder. 
 43.29     Sec. 78.  Minnesota Statutes 1996, section 388.01, is 
 43.30  amended to read: 
 43.31     388.01 [ELECTION; QUALIFICATIONS; TERM.] 
 43.32     There shall be elected in each county a county attorney who 
 43.33  shall be learned in the licensed to practice law in this state, 
 43.34  and whose term of office shall be four years and until a 
 43.35  successor qualifies.  Before entering upon duties the county 
 43.36  attorney shall take an oath.  The oath must be filed for record 
 44.1   with the county recorder. 
 44.2      Sec. 79.  Minnesota Statutes 1996, section 626.846, 
 44.3   subdivision 6, is amended to read: 
 44.4      Subd. 6.  A person seeking election to the office of 
 44.5   sheriff must be licensed as a peace officer.  A person seeking 
 44.6   election or appointment to the office of sheriff, or seeking 
 44.7   appointment to the position of chief law enforcement officer, as 
 44.8   defined by the rules of the board, after June 30, 1987, must be 
 44.9   licensed or eligible to be licensed as a peace officer.  The 
 44.10  person shall submit proof of peace officer licensure or 
 44.11  eligibility as part of the application for office.  A person 
 44.12  elected or appointed to the office of sheriff or the position of 
 44.13  chief law enforcement officer shall be licensed as a peace 
 44.14  officer during the person's term of office or employment. 
 44.15     Sec. 80.  [REPEALER.] 
 44.16     Minnesota Statutes 1996, sections 204D.15, subdivision 2; 
 44.17  206.065; 206.56, subdivisions 4, 6, 10, 11, 12, 13, and 15; 
 44.18  206.60; 206.61, subdivisions 2, 6, 7, and 8; 206.63; 206.64, 
 44.19  subdivision 2; 206.68; 206.685; 206.69; 206.70; 206.71; 206.72; 
 44.20  206.73; 206.74; 206.75; 206.76; 206.77; 206.84, subdivisions 2, 
 44.21  4, and 5; and 211B.11, subdivision 2, are repealed.