1st Unofficial Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
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; 201.171; 203B.01, by 1.8 adding a subdivision; 203B.03, subdivision 1; 203B.04, 1.9 subdivision 1; 203B.06, subdivision 3; 203B.08, 1.10 subdivision 1; 203B.11, subdivision 1, and by adding a 1.11 subdivision; 203B.12, subdivision 2, and by adding a 1.12 subdivision; 203B.13, subdivisions 1 and 2; 203B.16, 1.13 by adding a subdivision; 203B.19; 204B.06, by adding a 1.14 subdivision; 204B.146; 204B.15; 204B.16, subdivisions 1.15 1a and 3; 204B.22, subdivision 1; 204B.23; 204B.27, by 1.16 adding a subdivision; 204B.31; 204B.36, subdivision 2; 1.17 204C.08, by adding a subdivision; 204C.15, subdivision 1.18 1; 204C.31, subdivision 2; 204C.32; 204C.33, 1.19 subdivision 1; 205.10, subdivision 3; 205.13, 1.20 subdivision 1; 205.17, by adding a subdivision; 1.21 205A.05, subdivision 1; 205A.08, by adding a 1.22 subdivision; 206.55; 206.56, subdivisions 1, 3, 5, 8, 1.23 and 9; 206.57; 206.58; 206.59; 206.61, subdivisions 1, 1.24 3, and 5; 206.62; 206.64, subdivision 1; 206.66; 1.25 206.80; 206.81; 206.83; 206.84, subdivisions 3, 6, and 1.26 7; 206.86, subdivisions 1 and 2; 206.90, subdivisions 1.27 4 and 6; 207A.03, subdivision 2; 211B.14; 367.03, 1.28 subdivision 1; 367.25, subdivision 1; 387.01; 388.01; 1.29 and 626.846, subdivision 6; proposing coding for new 1.30 law in Minnesota Statutes, chapters 201; 203B; and 1.31 204B; repealing Minnesota Statutes 1996, sections 1.32 204D.15, subdivision 2; 206.065; 206.56, subdivisions 1.33 4, 6, 10, 11, 12, 13, and 15; 206.60; 206.61, 1.34 subdivisions 2, 6, 7, and 8; 206.63; 206.64, 1.35 subdivision 2; 206.68; 206.685; 206.69; 206.70; 1.36 206.71; 206.72; 206.73; 206.74; 206.75; 206.76; 1.37 206.77; 206.84, subdivisions 2, 4, and 5; and 211B.11, 1.38 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 followinga certification : I certify that I will be at4.5 least 18 years old on election day and am a citizen of the4.6 United States, that I reside at the address shown and will have4.7 resided in Minnesota for 20 days immediately preceding election4.8 day, and that I am not under guardianship of the person, have4.9 not been found by a court to be legally incompetent to vote, and4.10 have not been convicted of a felony without having my civil4.11 rights restored. I understand that giving false information to4.12 procure a registration is a felony punishable by not more than4.13 five years imprisonment and a fine of not more than $10,000, or4.14 bothof 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 personallyascertain 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 andshall 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 files5.29 and in thestatewide registration system the registration card5.30 or theinformation contained on it. Voter registration cards 5.31 completed before election day must be entered into the statewide 5.32 registration system within ten days after they have been 5.33 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 shallmay 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 from6.19 the files the registration cards of the voters reported to be6.20 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 FORDECEASED 6.24 NONRESIDENTS.] The county auditor may remove from the files the6.25 voter registration cards of voters who have died outside of the6.26 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 appropriate6.31 changes in the database of the statewide registration system6.32 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 countyshall 7.3 report monthly to the county auditorsecretary 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 shall7.16 determine whether any individual named in the report is7.17 registered to voteThe 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 in7.25 each countystate court administrator shall report monthly to 7.26 the county auditorsecretary 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 judge7.31 exercising probate jurisdiction of a restoration to capacity, or7.32 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 state court administrator shall report monthly to the 8.4 secretary of state the name, address, date of birth, date of 8.5 sentence, effective date of the sentence, and county in which 8.6 the conviction occurred of each person who has been convicted of 8.7 a felony. The state court administrator shall also report the 8.8 name, address, and date of birth of each person previously 8.9 convicted of a felony whose civil rights have been restored. 8.10 The secretary of state shall determine if any of the persons in 8.11 the report is registered to vote and shall prepare a list of 8.12 those registrants for each county auditor. The county auditor 8.13 shall change the status of those registrants in the appropriate 8.14 manner in the statewide registration system. 8.15 Sec. 11. Minnesota Statutes 1996, section 201.171, is 8.16 amended to read: 8.17 201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 8.18 REGISTRATION REMOVED.] 8.19 Within six weeks after every election, the county auditor 8.20 shall post the voting history for every person who voted in the 8.21 election. After the close of the calendar year, the secretary 8.22 of state shall determine if any registrants have not voted 8.23 during the preceding four years and shall change the status of 8.24 those registrants to "inactive" in the statewide registration 8.25 system. The secretary of state shall also prepare a report to 8.26 the county auditor containing the names of all registrants whose 8.27 status was changed to "inactive." 8.28 The county auditor shall remove the voter registration card8.29 of any voter whose name appears on the report.Although not 8.30 counted in an election, a late absentee ballot must be 8.31 considered a vote for the purpose of continuing registration. 8.32 Sec. 12. Minnesota Statutes 1996, section 203B.01, is 8.33 amended by adding a subdivision to read: 8.34 Subd. 4. [HEALTH CARE FACILITY.] "Health care facility" 8.35 means a licensed hospital, sanitarium, or other institution as 8.36 defined in section 144.50, subdivision 2, or a nursing home 9.1 licensed to serve adults under section 144A.02. 9.2 Sec. 13. Minnesota Statutes 1996, section 203B.03, 9.3 subdivision 1, is amended to read: 9.4 Subdivision 1. [VIOLATION.] No individual shall 9.5 intentionally: 9.6 (a) make or sign any false certificate required by this 9.7 chapter; 9.8 (b) make any false or untrue statement in any application 9.9 for absentee ballots; 9.10 (c) apply for absentee ballots more than once in any 9.11 election with the intent to cast an illegal ballot; 9.12 (d) exhibit a ballot marked by that individual to any other 9.13 individual; 9.14 (e) do any act in violation of the provisions of this 9.15 chapter for the purpose of casting an illegal vote in any 9.16 precinct or for the purpose of aiding another to cast an illegal 9.17 vote; or9.18 (f) use information from absentee ballot materials or 9.19 records for purposes unrelated to elections, political 9.20 activities, or law enforcement; or 9.21 (g) provide assistance to an absentee voter except in the 9.22 manner provided by section 204C.15, subdivision 1. 9.23 Before inspecting information from absentee ballot 9.24 materials or records, an individual shall provide identification 9.25 to the public official having custody of the material or 9.26 information. 9.27 Sec. 14. Minnesota Statutes 1996, section 203B.04, 9.28 subdivision 1, is amended to read: 9.29 Subdivision 1. [APPLICATION PROCEDURES.] Except as 9.30 otherwise allowed by subdivision 2, an application for absentee 9.31 ballots for any election may be submitted at any time not less 9.32 than one day before the day of that election. The county 9.33 auditor shall prepare absentee ballot application forms in the 9.34 format provided in the rules of the secretary of state and shall 9.35 furnish them to any person on request. An application submitted 9.36 pursuant to this subdivision shall be in writing and shall be 10.1 submitted to: 10.2 (a) the county auditor of the county where the applicant 10.3 maintains residence; or 10.4 (b) the municipal clerk of the municipality, or school 10.5 district if applicable, where the applicant maintains residence. 10.6 An application shall be accepted if it is signed and dated 10.7 by the applicant, contains the applicant's name and residence 10.8 and mailing addresses, and states that the applicant is eligible 10.9 to vote by absentee ballot for one of the reasons specified in 10.10 section 203B.02. An application may be submitted to the county 10.11 auditor or municipal clerk by an electronic facsimile device, at 10.12 the discretion of the auditor or clerk. An application mailed 10.13 or returned in person to the county auditor or municipal clerk 10.14 on behalf of a voter by a person other than the voter must be 10.15 deposited in the mail or returned in person to the county 10.16 auditor or municipal clerk within ten days after it has been 10.17 dated by the voter and no later than six days before the 10.18 election. The absentee ballot applications or a list of persons 10.19 applying for an absentee ballot may not be made available for 10.20 public inspection until the close of voting on election day. 10.21 Sec. 15. Minnesota Statutes 1996, section 203B.06, 10.22 subdivision 3, is amended to read: 10.23 Subd. 3. [DELIVERY OF BALLOTS.] If an application for 10.24 absentee ballots is accepted at a time when absentee ballots are 10.25 not yet available for distribution, the county auditor, or 10.26 municipal clerk accepting the application shall file it and as 10.27 soon as absentee ballots are available for distribution shall 10.28 mail them to the address specified in the application. If an 10.29 application for absentee ballots is accepted when absentee 10.30 ballots are available for distribution, the county auditor or 10.31 municipal clerk accepting the application shall promptly: 10.32 (a) Mail the ballots to the voter whose signature appears 10.33 on the application if the application is submitted by mail; or10.34 (b) Deliver the absentee ballots directly to the voter if 10.35 the application is submitted in person; or 10.36 (c) Deliver the absentee ballots in a sealed transmittal 11.1 envelope to an agent who has been designated to bring the 11.2 ballots to a voter who is a patient in a health care facility, 11.3 as provided in section 203B.11, subdivision 4. 11.4 If an application does not indicate the election for which 11.5 absentee ballots are sought, the county auditor or municipal 11.6 clerk shall mail or deliver only the ballots for the next 11.7 election occurring after receipt of the application. Only one 11.8 set of ballots may be mailed or delivered to an applicant for 11.9 any election, except as provided in section 203B.13, subdivision 11.10 2, or when a replacement ballot has been requested by the voter 11.11 for a ballot that has been spoiled or lost in transit. 11.12 This subdivision does not apply to applications for11.13 absentee ballots received pursuant to sections 203B.04,11.14 subdivision 2, and 203B.11.11.15 Sec. 16. Minnesota Statutes 1996, section 203B.08, 11.16 subdivision 1, is amended to read: 11.17 Subdivision 1. [MARKING AND RETURN BY VOTER.] An eligible 11.18 voter who receives absentee ballots as provided in this chapter 11.19 shall mark them in the manner specified in the directions for 11.20 casting the absentee ballots. The return envelope containing 11.21 marked ballots may be mailed as provided in the directions for 11.22 casting the absentee ballots or may be left with the county 11.23 auditor or municipal clerk who transmitted the absentee ballots 11.24 to the voter. 11.25 The voter may designate an agent to deliver in person the 11.26 sealed absentee ballot return envelope to the county auditor or 11.27 municipal clerk or to deposit the return envelope in the mail. 11.28 An agent may deliver or mail the return envelopes of not more 11.29 than three voters in any election. Any person designated as an 11.30 agent who tampers with either the return envelope or the voted 11.31 ballots or does not immediately mail or deliver the return 11.32 envelope to the county auditor or municipal clerk is guilty of a 11.33 misdemeanor. 11.34 Sec. 17. [203B.081] [LOCATIONS FOR ABSENTEE VOTING IN 11.35 PERSON.] 11.36 An eligible voter may vote by absentee ballot in the office 12.1 of the county auditor and at any other polling place designated 12.2 by the county auditor during the 30 days before the election. 12.3 At least one voting booth in each polling place must be made 12.4 available by the county auditor for this purpose. 12.5 Sec. 18. Minnesota Statutes 1996, section 203B.11, 12.6 subdivision 1, is amended to read: 12.7 Subdivision 1. [GENERALLY.] Each full-time municipal clerk 12.8 who has authority under section 203B.05 to administer absentee 12.9 voting laws shall designate election judges to deliver absentee 12.10 ballots in accordance with this section. The county auditor may 12.11 also designate election judges to perform the duties in this 12.12 section. A ballot may be delivered only to an eligible voter 12.13 who is a temporary or permanent resident or patient in a health 12.14 care facility or hospital located in the municipality in which 12.15 the voter maintains residence. The ballots shall be delivered 12.16 by two election judges, each of whom is affiliated with a 12.17 different major political party. When the election judges 12.18 deliver or return ballots as provided in this section, they 12.19 shall travel together in the same vehicle. Both election judges 12.20 shall be present when an applicant completes the certificate of 12.21 eligibility and marks the absentee ballots, and may assist an 12.22 applicant as provided in section 204C.15. The election judges 12.23 shall deposit the return envelopes containing the marked 12.24 absentee ballots in a sealed container and return them to the 12.25 clerk on the same day that they are delivered and marked. 12.26 Sec. 19. Minnesota Statutes 1996, section 203B.11, is 12.27 amended by adding a subdivision to read: 12.28 Subd. 4. [AGENT DELIVERY OF BALLOTS.] During the four days 12.29 preceding an election and until 4:00 p.m. on election day, an 12.30 eligible voter who is a patient of a health care facility may 12.31 designate an agent to deliver the ballots to the voter from the 12.32 county auditor or municipal clerk. The voted ballots must be 12.33 returned to the county auditor or municipal clerk no later than 12.34 5:00 p.m. on election day. The voter must complete an affidavit 12.35 requesting the auditor or clerk to provide the agent with the 12.36 ballots in a sealed transmittal envelope. The affidavit must 13.1 include a statement from the voter stating that the ballots were 13.2 delivered to the voter by the agent in the sealed transmittal 13.3 envelope. An agent may deliver ballots to no more than three 13.4 persons in any election. The secretary of state shall provide 13.5 samples of the affidavit and transmission envelope for use by 13.6 the county auditors. 13.7 Sec. 20. Minnesota Statutes 1996, section 203B.12, 13.8 subdivision 2, is amended to read: 13.9 Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more 13.10 election judges shall examine each return envelope and shall 13.11 mark it accepted or rejected in the manner provided in this 13.12 subdivision. If a ballot has been prepared under section 13.13 204B.12, subdivision 2a, or 204B.41, the election judges shall 13.14 not begin removing ballot envelopes from the return envelopes 13.15 until 8:00 p.m. on election day, either in the polling place or 13.16 at an absentee ballot board established under section 203B.13. 13.17 The election judges shall mark the return envelope 13.18 "Accepted" and initial or sign the return envelope below the 13.19 word "Accepted" if the election judges or a majority of them are 13.20 satisfied that: 13.21 (1) the voter's name and address on the return envelope are 13.22 the same as the information provided on the absentee ballot 13.23 application; 13.24 (a)(2) the voter's signature on the return envelope is the 13.25 genuine signature of the individual who made the application for 13.26 ballots and the certificate has been completed as prescribed in 13.27 the directions for casting an absentee ballot; 13.28 (b)(3) the voter is registered and eligible to vote in the 13.29 precinct or has included a properly completed registration card 13.30 in the return envelope; and 13.31 (c)(4) the voter has not already voted at that election, 13.32 either in person or by absentee ballot. 13.33 The return envelope from accepted ballots must be preserved 13.34 and returned to the county auditor. 13.35 If all or a majority of the election judges examining 13.36 return envelopes find that an absent voter has failed to meet 14.1 one of the requirements prescribed in clauses (a)(1) to 14.2 (c)(4), they shall mark the return envelope "Rejected," initial 14.3 or sign it below the word "Rejected," and return it to the 14.4 county auditor. 14.5 Sec. 21. Minnesota Statutes 1996, section 203B.12, is 14.6 amended by adding a subdivision to read: 14.7 Subd. 7. [NAMES OF PERSONS SUBMITTING ABSENTEE 14.8 BALLOTS.] The names of voters who have submitted an absentee 14.9 ballot return envelope to the county auditor or municipal clerk 14.10 may not be made available for public inspection until the close 14.11 of voting on election day. 14.12 Sec. 22. Minnesota Statutes 1996, section 203B.13, 14.13 subdivision 1, is amended to read: 14.14 Subdivision 1. [ESTABLISHMENT.] The governing body of 14.15 any county that has established a counting center as provided in 14.16 section 206.85, subdivision 2, any municipality may by14.17 ordinance, or the school board ofany school district may 14.18 by ordinance or resolution, authorize an absentee ballot board. 14.19 The board shall consist of a sufficient number of election 14.20 judges appointed as provided in sections 204B.19 to 204B.22. 14.21 Sec. 23. Minnesota Statutes 1996, section 203B.13, 14.22 subdivision 2, is amended to read: 14.23 Subd. 2. [DUTIES.] The absentee ballot board may do any of 14.24 the following: 14.25 (a) Receive from each precinct in the municipality or 14.26 school district all ballot envelopes marked "Accepted" by the 14.27 election judges; provided that the governing body of a 14.28 municipality or the school board of a school district may 14.29 authorize the board to examine all return absentee ballot 14.30 envelopes and receive or reject absentee ballots in the manner 14.31 provided in section 203B.12; 14.32 (b) Open and count the absentee ballots, tabulating the 14.33 vote in a manner that indicates each vote of the absentee voter 14.34 and the total absentee vote cast for each candidate or question 14.35 in each precinct; or 14.36 (c) Report the vote totals tabulated for each precinct. 15.1 The absentee ballot board may begin the process of 15.2 examining the return envelopes and marking them "accepted" or 15.3 "rejected" at any time during the 30 days before the election. 15.4 If an envelope has been rejected at least five days before the 15.5 election, the ballots in the envelope must be considered spoiled 15.6 ballots and the official in charge of the absentee ballot board 15.7 shall provide the voter with a replacement absentee ballot and 15.8 return envelope in place of the spoiled ballot. The secretary 15.9 of state shall provide samples of the replacement ballot and 15.10 return envelope for use by the county auditor. 15.11 Sec. 24. Minnesota Statutes 1996, section 203B.16, is 15.12 amended by adding a subdivision to read: 15.13 Subd. 3. [DUTIES OF MUNICIPAL CLERK.] The municipal clerk 15.14 shall administer the duties of the county auditor in sections 15.15 203B.16 to 203B.27 for municipal elections not held on the same 15.16 day as a state or county election. 15.17 Sec. 25. Minnesota Statutes 1996, section 203B.19, is 15.18 amended to read: 15.19 203B.19 [RECORDING APPLICATIONS.] 15.20 Upon accepting an application, the county auditor shall 15.21 record in a permanent registerthe voter's name, address of 15.22 present or former residence in Minnesota, mailing address, 15.23 school district number, and the category under section 203B.16, 15.24 to which the voter belongs. After recording this information,15.25 The county auditor shall retain the applicationrecord for two15.26 four years after the date of the next general election. A voter 15.27 whose name is recorded as provided in this section shall not be 15.28 required to register under any other provision of law in order 15.29 to vote under sections 203B.16 to 203B.27. 15.30 Sec. 26. Minnesota Statutes 1996, section 204B.06, is 15.31 amended by adding a subdivision to read: 15.32 Subd. 8. [PROOF OF ELIGIBILITY.] A candidate for judicial 15.33 office or for the office of county attorney shall submit with 15.34 the affidavit of candidacy proof that the candidate is licensed 15.35 to practice law in this state. 15.36 A candidate for county sheriff shall submit with the 16.1 affidavit of candidacy proof of licensure as a peace officer in 16.2 this state. 16.3 Sec. 27. Minnesota Statutes 1996, section 204B.146, is 16.4 amended to read: 16.5 204B.146 [DUTIES OF SECRETARY OF STATE.] 16.6 Subdivision 1. [REDISTRICTING.] The secretary of state 16.7 shall conduct conferences with the county auditors, municipal 16.8 clerks, and school district clerks to instruct them on the 16.9 procedures for redistricting of election districts and 16.10 establishment of election precincts in the year ending in one. 16.11 Subd. 2. [PRECINCT AND ELECTION DISTRICT BOUNDARIES.] The 16.12 secretary of state shall maintain a computer database of 16.13 precinct and election district boundaries. The secretary of 16.14 state shall revise the information in the database whenever a 16.15 precinct or election district boundary is changed. The 16.16 secretary of state shall prepare maps illustrating precinct and 16.17 election district boundaries in either paper or electronic 16.18 formats and make them available to the public at the cost of 16.19 production. 16.20 The secretary of state may authorize municipalities and 16.21 counties to provide updated precinct and election district 16.22 boundary information in electronic formats. 16.23 The secretary of state shall provide periodic updates of 16.24 precinct and election district boundaries to the legislative 16.25 coordinating commission, the state demographer, and the land 16.26 management information center. 16.27 At least 30 days before the state primary, the secretary of 16.28 state shall provide the county auditor with maps of each 16.29 precinct in municipalities with more than one precinct. The 16.30 county auditor shall forward the maps to the appropriate 16.31 municipal clerks, who shall post the map in the polling place on 16.32 the day of the state primary and the state general election. 16.33 Sec. 28. Minnesota Statutes 1996, section 204B.15, is 16.34 amended to read: 16.35 204B.15 [UNORGANIZED TERRITORY; ELECTION PRECINCTS.] 16.36 A county board , at its meeting in either January or July,17.1 upon the petition of not less than ten eligible voters residing17.2 in unorganized territory more than ten miles from the polling17.3 place in any established precinct, shallmay establish anew 17.4 election precinctprecincts to serve the residents of 17.5 unorganized territories. The board shall designate a polling 17.6 place for the new precinct that is convenient for the 17.7 individuals residing in it. No polling place designated under17.8 this section shall be located within ten miles of an existing17.9 polling place.17.10 Sec. 29. Minnesota Statutes 1996, section 204B.16, 17.11 subdivision 1a, is amended to read: 17.12 Subd. 1a. [NOTICE TO VOTERS.] If the location of a polling 17.13 place has been changed, the governing body establishing the 17.14 polling place shall send eachto every affected household with 17.15 at least one registered voter in the affectedprecinct a 17.16 nonforwardable mailed notice stating the location of the new 17.17 polling place at least 25 days before the next election. The 17.18 secretary of state shall prepare a sample of this notice. A 17.19 notice that is returned as undeliverable must be forwarded 17.20 immediately to the county auditor , who shall change the17.21 registrant's status to "challenged" in the statewide17.22 registration system. This subdivision does not apply to a 17.23 polling place location that is changed on election day under 17.24 section 204B.17. 17.25 Sec. 30. Minnesota Statutes 1996, section 204B.16, 17.26 subdivision 3, is amended to read: 17.27 Subd. 3. [DESIGNATION EFFECTIVE UNTIL CHANGED.] The 17.28 designation of a polling place pursuant to this section shall 17.29 remain effective until a different polling place is designated 17.30 for that precinct. No designation of a new or different polling 17.31 place shall become effective less than 3090 days prior to an 17.32 election and no polling place changes may occur during the 17.33 period between the state primary and the state general election, 17.34 except that a new polling place may be designated to replace a 17.35 polling place that has become unavailable for use. 17.36 Sec. 31. Minnesota Statutes 1996, section 204B.22, 18.1 subdivision 1, is amended to read: 18.2 Subdivision 1. [MINIMUM NUMBER REQUIRED.] A minimum of 18.3 three election judges shall be appointed for each precinct. In 18.4 a combined polling place under section 204B.14, subdivision 2, 18.5 at least one judge must be appointed from each municipality in 18.6 the combined polling place, provided that not less than three 18.7 judges shall be appointed for each combined polling place. The 18.8 appointing authorities may appoint election judges for any 18.9 precinct in addition to the number required by this subdivision 18.10 including additional election judges to count ballots after 18.11 voting has ended. An election judge may serve for all or part 18.12 of election day, at the discretion of the appointing authority, 18.13 as long as the minimum number of judges required is always 18.14 present. 18.15 Sec. 32. Minnesota Statutes 1996, section 204B.23, is 18.16 amended to read: 18.17 204B.23 [VACANCIES AMONG ELECTION JUDGES.] 18.18 A vacancy on an election board occurs when any election 18.19 judge who is a member of that board: 18.20 (a) Fails to arrive at the polling place within 30 minutes 18.21 after the time when the polling place is scheduled to open; 18.22 (b) Becomes unable to perform the duties of the office 18.23 after assuming those duties; or 18.24 (c) For any reason fails or refuses to perform the duties 18.25 of the office as assigned by the chair of the election board. 18.26 When a vacancy occurs, the remaining election judges of the 18.27 precinct shall elect an individual to fill the vacancy subject 18.28 to the provisions of section 204B.19. When possible the 18.29 election judges shall elect individuals who have been trained as 18.30 election judges pursuant to section 204B.25. The oath signed by 18.31 the new election judge shall indicate that the new election 18.32 judge was elected to fill a vacancy. The municipal clerk may 18.33 assign election judges to fill vacancies as they occur. 18.34 Sec. 33. Minnesota Statutes 1996, section 204B.27, is 18.35 amended by adding a subdivision to read: 18.36 Subd. 9. [ELECTION SUPPLY CONTRACT.] The secretary of 19.1 state may enter into a statewide contract from which any county 19.2 auditor may purchase ballots, forms, or other election supplies. 19.3 Sec. 34. Minnesota Statutes 1996, section 204B.31, is 19.4 amended to read: 19.5 204B.31 [COMPENSATION FOR ELECTION SERVICES.] 19.6 Subdivision 1. [COMPENSATION.] The compensation for 19.7 services performed under the Minnesota election law shall be as 19.8 follows: 19.9 (a) To presidential electors from funds appropriated to the 19.10 secretary of state for this purpose, $35 for each day of 19.11 attendance at the capitol and mileage for travel to and from the 19.12 capitol in the amount allowed for state employees in accordance 19.13 with section 43A.18, subdivision 2; 19.14 (b) To individuals, other than county, city, school 19.15 district, or town employees during their normal work day, who 19.16 are appointed by the county auditor to carry ballots to or from 19.17 the county auditor's office, a sum not less than the prevailing 19.18 Minnesota minimum wage for each hour spent in carrying ballots 19.19 and mileage in the amount allowed pursuant to section 471.665, 19.20 subdivision 1; 19.21 (c) To members of county canvassing boards, a sum not less 19.22 than the prevailing Minnesota minimum wage for each hour 19.23 necessarily spent and an amount for each mile of necessary 19.24 travel equal to the amount allowed pursuant to section 471.665, 19.25 subdivision 1; 19.26 (d) To election judges serving in any city, an amount fixed 19.27 by the governing body of the city; to election judges serving in 19.28 any school district election which is not held in conjunction 19.29 with a state election, an amount fixed by the school board of 19.30 the school district; to election judges serving in unorganized 19.31 territory, an amount fixed by the county board; and to election 19.32 judges serving in towns, an amount fixed by the town board. 19.33 Election judges shall receive at least the prevailing Minnesota 19.34 minimum wage for each hour spent carrying out their duties at 19.35 the polling places and in attending training sessions required 19.36 by section 204B.25, except as provided in subdivision 2. An 20.1 election judge who travels to pick up election supplies or to 20.2 deliver election returns to the county auditor shall receive, in 20.3 addition to other compensation authorized by this section, a sum 20.4 not less than the prevailing Minnesota minimum wage for each 20.5 hour spent performing these duties, plus mileage in the same 20.6 amount as allowed pursuant to section 471.665, subdivision 1; 20.7 and 20.8 (e) To sergeants at arms, an amount for each hour of 20.9 service performed at the direction of the election judges, fixed 20.10 in the same manner as compensation for election judges. 20.11 Subd. 2. [VOLUNTEER SERVICE.] Any person appointed to 20.12 serve as an election judge may elect to serve without payment by 20.13 submitting a written statement to the appropriate governing body 20.14 no later than ten days before the election. 20.15 Sec. 35. Minnesota Statutes 1996, section 204B.36, 20.16 subdivision 2, is amended to read: 20.17 Subd. 2. [CANDIDATES AND OFFICES.] The name of each 20.18 candidate shall be printed at a right angle to the length of the 20.19 ballot. At a general election the name of the political party 20.20 or the political principle of each candidate for partisan office 20.21 shall be printed above or below the name of the candidate. The 20.22 name of a political party or a political principle shall be 20.23 printed in capital and lower case letters of the same type, with 20.24 the capital letters at least one-half the height of the capital 20.25 letters used for names of the candidates. At a general 20.26 election, blank lines containing the words "write-in, if any" 20.27 shall be printed below the name of the last candidate for each 20.28 office, or below the title of the office if no candidate has 20.29 filed for that office, so that a voter may write in the names of 20.30 individuals whose names are not on the ballot. One blank line 20.31 shall be printed for each officer of that kind to be elected. 20.32 At a primary election, no blank lines shall be provided for 20.33 writing in the names of individuals whose names do not appear on 20.34 the primary ballot. 20.35 On the left side of the ballot at the same level with the 20.36 name of each candidate and each blank line shall be printed a 21.1 square in which the voter may designate a vote by a mark (X). 21.2 Each square shall be the same size. Above the first name on 21.3 each ballot shall be printed the words, "Put an (X) in the 21.4 square opposite the name of each candidate you wish to vote 21.5 for." At the same level with these words and directly above the 21.6 squares shall be printed a small arrow pointing downward. 21.7 Directly underneath the official title of each office shall be 21.8 printed the words "Vote for one" or "Vote for up to ..." (any 21.9 greater number to be elected). 21.10 Sec. 36. [204B.47] [ALTERNATE ELECTION PROCEDURES; DUTIES 21.11 OF SECRETARY OF STATE.] 21.12 When a provision of the Minnesota election law cannot be 21.13 implemented as a result of an order of a state or federal court, 21.14 the secretary of state shall adopt alternate election procedures 21.15 to permit the administration of any election affected by the 21.16 order. The alternate procedures remain in effect until the 21.17 first day of July following the next succeeding final 21.18 adjournment of the legislature, unless otherwise provided by law 21.19 or by court order. 21.20 Sec. 37. Minnesota Statutes 1996, section 204C.08, is 21.21 amended by adding a subdivision to read: 21.22 Subd. 2a. [SAMPLE BALLOTS.] A sample ballot must be posted 21.23 in a conspicuous location in the polling place. The sample 21.24 ballot must accurately reflect the offices, candidates, and 21.25 rotation sequence on the ballots used in that polling place. 21.26 Sec. 38. Minnesota Statutes 1996, section 204C.15, 21.27 subdivision 1, is amended to read: 21.28 Subdivision 1. [INTERPRETERS; PHYSICAL ASSISTANCE IN 21.29 MARKING BALLOTS.] A voter who claims under oatha need for 21.30 assistance because of inability to read English or physical 21.31 inability to mark a ballot may obtain the aid of two election 21.32 judges who are members of different major political parties. 21.33 The election judges shall mark the ballots as directed by the 21.34 voter and in as secret a manner as circumstances permit. If the 21.35 voter is deaf or cannot speak English or understand it when it 21.36 is spoken, the election judges may select two individuals who 22.1 are members of different major political parties to act as 22.2 interpreters. The interpreters shall take an oath similar to22.3 that taken by election judges, andshall assist the individual 22.4 in marking the ballots. A voter in need of assistance may 22.5 alternatively obtain the assistance of any individual the voter 22.6 chooses. The individual who assists the voter shall take an22.7 oath of eligibility to do so.Only the following persons may 22.8 not provide assistance to a voter: the voter's employer, an 22.9 agent of the voter's employer, an officer or agent of the 22.10 voter's union, or a candidate for election. The person who 22.11 assists the voter shall, unaccompanied by an election judge, 22.12 retire with that voter to a booth and mark the ballot as 22.13 directed by the voter. No person who assists another voter as 22.14 provided in the preceding sentence shall mark the ballots of 22.15 more than three voters at one election. Before the ballots are 22.16 deposited, the voter may show them privately to an election 22.17 judge to ascertain that they are marked as the voter directed. 22.18 An election judge or other individual assisting a voter shall 22.19 not in any manner request, persuade, induce, or attempt to 22.20 persuade or induce the voter to vote for any particular 22.21 political party or candidate. The election judges or other 22.22 individuals who assist the voter shall not reveal to anyone the 22.23 name of any candidate for whom the voter has voted or anything 22.24 that took place while assisting the voter. 22.25 Sec. 39. Minnesota Statutes 1996, section 204C.31, 22.26 subdivision 2, is amended to read: 22.27 Subd. 2. [STATE CANVASSING BOARD.] The state canvassing 22.28 board shall consist of the secretary of state, two judges of the 22.29 supreme court or the court of appeals, and two judges of the 22.30 district court selected by the secretary of state. None of the 22.31 judges shall be a candidate at the election. If a judge fails 22.32 to appear at the meeting of the canvassing board, the secretary 22.33 of state shall fill the vacancy in membership by selecting 22.34 another judge who is not a candidate at the election. Not more 22.35 than two judges of the supreme court shall serve on the 22.36 canvassing board at one time. 23.1 Sec. 40. Minnesota Statutes 1996, section 204C.32, is 23.2 amended to read: 23.3 204C.32 [CANVASS OF STATE PRIMARIES.] 23.4 Subdivision 1. [COUNTY CANVASS.] The county canvassing 23.5 board shall meet at the county auditor's office at 10:00 a.m.on 23.6 or before the third day following the state primary. After 23.7 taking the oath of office, the canvassing board shall publicly 23.8 canvass the election returns delivered to the county auditor. 23.9 The board shall complete the canvass by the evening of the sixth23.10 day following the electionno later than the third day following 23.11 the state primary and shall promptly prepare and file with the 23.12 county auditor a report that states: 23.13 (a) The number of individuals voting at the election in the 23.14 county, and in each precinct; 23.15 (b) The number of individuals registering to vote on 23.16 election day and the number of individuals registered before 23.17 election day in each precinct; 23.18 (c) For each major political party, the names of the 23.19 candidates running for each partisan office and the number of 23.20 votes received by each candidate in the county and in each 23.21 precinct; 23.22 (d) The names of the candidates of each major political 23.23 party who are nominated; and 23.24 (e) The number of votes received by each of the candidates 23.25 for nonpartisan office in each precinct in the county and the 23.26 names of the candidates nominated for nonpartisan office. 23.27 Upon completion of the canvass, the county auditor shall 23.28 mail or deliver a notice of nomination to each nominee voted for 23.29 only in that county. The county auditor shall transmit one of 23.30 the certified copies of the county canvassing board report for 23.31 state and federal offices to the secretary of state by express 23.32 mail or similar service immediately upon conclusion of the 23.33 county canvass. 23.34 Subd. 2. [STATE CANVASS.] The state canvassing board shall 23.35 meet at the secretary of state's office on the second23.36 Fridayseven days after the state primary to canvass the 24.1 certified copies of the county canvassing board reports received 24.2 from the county auditors. No later than two daysImmediately 24.3 after the canvassing board declares the results, the secretary 24.4 of state shall certify the names of the nominees to the county 24.5 auditors and. The secretary of state shall mail to each nominee 24.6 a notice of nomination. 24.7 Sec. 41. Minnesota Statutes 1996, section 204C.33, 24.8 subdivision 1, is amended to read: 24.9 Subdivision 1. [COUNTY CANVASS.] The county canvassing 24.10 board shall meet at the county auditor's office on or before the 24.11 thirdseventh day following the state general election. After 24.12 taking the oath of office, the board shall promptly and publicly 24.13 canvass the general election returns delivered to the county 24.14 auditor. Upon completion of the canvass, the board shall 24.15 promptly prepare and file with the county auditor a report which 24.16 states: 24.17 (a) The number of individuals voting at the election in the 24.18 county and in each precinct; 24.19 (b) The number of individuals registering to vote on 24.20 election day and the number of individuals registered before 24.21 election day in each precinct; 24.22 (c) The names of the candidates for each office and the 24.23 number of votes received by each candidate in the county and in 24.24 each precinct; 24.25 (d) The number of votes counted for and against a proposed 24.26 change of county lines or county seat; and 24.27 (e) The number of votes counted for and against a 24.28 constitutional amendment or other question in the county and in 24.29 each precinct. 24.30 The result of write-in votes cast on the general election 24.31 ballots must be compiled by the county auditor before the county 24.32 canvass. The county auditor shall arrange for each municipality 24.33 to provide an adequate number of election judges to perform this 24.34 duty or the county auditor may appoint additional election 24.35 judges for this purpose. The county auditor may open the 24.36 envelopes or containers in which the voted ballots have been 25.1 sealed in order to count and record the write-in votes and must 25.2 reseal the voted ballots at the conclusion of this process. 25.3 Upon completion of the canvass, the county canvassing board 25.4 shall declare the candidate duly elected who received the 25.5 highest number of votes for each county and state office voted 25.6 for only within the county. The county auditor shall promptly25.7 certify to the secretary of state the vote reported by the25.8 county canvassing board for candidates voted for in more than25.9 one county.The county auditor shall transmit one of the 25.10 certified copies of the county canvassing board report for state 25.11 and federal offices to the secretary of state by express mail or 25.12 similar service immediately upon conclusion of the county 25.13 canvass. 25.14 Sec. 42. Minnesota Statutes 1996, section 205.10, 25.15 subdivision 3, is amended to read: 25.16 Subd. 3. [PROHIBITION.] No special election shall be held 25.17 under this section on the second Tuesday in December and no 25.18 special election authorized under subdivision 1 may be held 25.19 within 40 days after the state general election. 25.20 Sec. 43. Minnesota Statutes 1996, section 205.13, 25.21 subdivision 1, is amended to read: 25.22 Subdivision 1. [AFFIDAVIT OF CANDIDACY.] An individual who 25.23 is eligible and desires to become a candidate for an office to 25.24 be voted for at the municipal general election shall file an 25.25 affidavit of candidacy with the municipal clerk. Subject to the 25.26 approval of the county auditor, the town clerk may authorize 25.27 candidates for township offices to file affidavits of candidacy 25.28 with the county auditor. The affidavit shall be in 25.29 substantially the same form as that in section 204B.06, 25.30 subdivision 1. The municipal clerk shall also accept an 25.31 application signed by not less than five voters and filed on 25.32 behalf of an eligible voter in the municipality whom they desire 25.33 to be a candidate, if service of a copy of the application has 25.34 been made on the candidate and proof of service is endorsed on 25.35 the application being filed. Upon receipt of the proper filing 25.36 fee, the clerk shall place the name of the candidate on the 26.1 official ballot without partisan designation. 26.2 Sec. 44. Minnesota Statutes 1996, section 205.17, is 26.3 amended by adding a subdivision to read: 26.4 Subd. 6. [FORM OF BALLOT.] The ballots for municipal 26.5 elections must be prepared by the municipal clerk in the manner 26.6 provided in the rules of the secretary of state. 26.7 Sec. 45. Minnesota Statutes 1996, section 205A.05, 26.8 subdivision 1, is amended to read: 26.9 Subdivision 1. [QUESTIONS.] Special elections must be held 26.10 for a school district on a question on which the voters are 26.11 authorized by law to pass judgment. The school board may on its 26.12 own motion call a special election to vote on any matter 26.13 requiring approval of the voters of a district. Upon petition 26.14 of 50 or more voters of the school district or five percent of 26.15 the number of voters voting at the preceding regular school 26.16 district election, the school board shall by resolution call a 26.17 special election to vote on any matter requiring approval of the 26.18 voters of a district. A question is carried only with the 26.19 majority in its favor required by law. The election officials 26.20 for a special election are the same as for the most recent 26.21 school district general election unless changed according to 26.22 law. Otherwise, special elections must be conducted and the 26.23 returns made in the manner provided for the school district 26.24 general election. A special election may not be held during the 26.25 30 days before and the 30 days after the state primary or, 26.26 during the 30 days before and the 40 days after the state 26.27 general election, or on the second Tuesday in December. In 26.28 addition, a special election may not be held during the 20 days 26.29 before and the 20 days after any regularly scheduled election of 26.30 a municipality wholly or partially within the school district. 26.31 Notwithstanding any other law to the contrary, the time period 26.32 in which a special election must be conducted under any other 26.33 law may be extended by the school board to conform with the 26.34 requirements of this subdivision. 26.35 Sec. 46. Minnesota Statutes 1996, section 205A.08, is 26.36 amended by adding a subdivision to read: 27.1 Subd. 5. [FORM OF BALLOT.] The ballots for school district 27.2 elections must be prepared by the school district clerk in the 27.3 manner provided in the rules of the secretary of state. 27.4 Sec. 47. Minnesota Statutes 1996, section 206.55, is 27.5 amended to read: 27.6 206.55 [MINNESOTA ELECTION LAW APPLIES.] 27.7 The use of lever voting machines andelectronic voting 27.8 systems is governed by sections 206.55 to 206.87206.90 and by 27.9 all other provisions of the Minnesota election law which are not 27.10 inconsistent with sections 206.55 to 206.87206.90. 27.11 Sec. 48. Minnesota Statutes 1996, section 206.56, 27.12 subdivision 1, is amended to read: 27.13 Subdivision 1. [SCOPE.] The definitions in chapter 200 and 27.14 in this section apply to sections 206.55 to 206.87206.90. 27.15 Sec. 49. Minnesota Statutes 1996, section 206.56, 27.16 subdivision 3, is amended to read: 27.17 Subd. 3. [BALLOT.] "Ballot" includes ballot strips,ballot 27.18 cards , ballot booklets,and paper ballots. 27.19 Sec. 50. Minnesota Statutes 1996, section 206.56, 27.20 subdivision 5, is amended to read: 27.21 Subd. 5. [BALLOT CARD.] "Ballot card" means a ballot which27.22 is voted by the process of punching orwhich is marked so that 27.23 votes may be counted by automatic tabulating equipment. 27.24 Sec. 51. Minnesota Statutes 1996, section 206.56, 27.25 subdivision 8, is amended to read: 27.26 Subd. 8. [ELECTRONIC VOTING SYSTEM.] "Electronic voting 27.27 system" means a system in which the voter records votes by means 27.28 of marking or punchinga ballot, which is designed so that votes 27.29 may be counted by automatic tabulating equipment at a counting 27.30 center. 27.31 Sec. 52. Minnesota Statutes 1996, section 206.56, 27.32 subdivision 9, is amended to read: 27.33 Subd. 9. [MARKING DEVICE.] "Marking device" means either27.34 an apparatus in which ballot cards are inserted and used in27.35 connection with a punch instrument for the piercing of the27.36 ballot cards by the voter orany approved device for marking a 28.1 paperballot with ink or other substance which will enable the 28.2 ballot to be tabulated by means of automatic tabulating 28.3 equipment. The mark made by the marking device may be in the28.4 form of a round dot, a square, or any other shape that will28.5 clearly indicate the intent of the voter.28.6 Sec. 53. Minnesota Statutes 1996, section 206.57, is 28.7 amended to read: 28.8 206.57 [EXAMINATION OF NEW VOTING SYSTEMS.] 28.9 Subdivision 1. [EXAMINATION AND REPORT BY SECRETARY OF 28.10 STATE; APPROVAL.] A vendor of a lever voting machine oran 28.11 electronic voting system may apply to the secretary of state to 28.12 examine the machine orsystem and to report as to its compliance 28.13 with the requirements of law and as to its accuracy, durability, 28.14 efficiency, and capacity to register the will of voters. The 28.15 secretary of state or a designee shall examine the machine or28.16 system submitted and file a report on it in the office of the 28.17 secretary of state. Examination is not required of every 28.18 individual machine or counting device, but only of each type of 28.19 lever voting machine orelectronic voting system before its 28.20 adoption, use, or purchase and before its continued use after 28.21 significant changes have been made in an approved machine or28.22 system. The examination must include the ballot programming, 28.23 vote counting, and vote accumulation functions of each voting 28.24 machine orsystem. 28.25 If the report of the secretary of state or the secretary's 28.26 designee concludes that the kind of machine orsystem examined 28.27 complies with the requirements of sections 206.55 to 206.90 and 28.28 can be used safely, the machine orsystem shall be deemed 28.29 approved by the secretary of state, and may be adopted and 28.30 purchased for use at elections in this state. A voting machine28.31 orsystem not approved by the secretary of state may not be used 28.32 at an election in this state. The secretary of state may adopt 28.33 permanent rules consistent with sections 206.55 to 206.90 28.34 relating to the examination and use of voting machines and28.35 electronic voting systems. 28.36 Subd. 2. [EXAMINATION FEE.] The secretary of state may 29.1 assess a fee to accompany the application to cover the actual 29.2 and necessary costs for the examinations and licenses provided 29.3 for in this section. The fee shallmust be deposited in the 29.4 state treasury. The expenses of administering this 29.5 section shallmust be paid from theappropriations madeto the 29.6 secretary of state. 29.7 Subd. 4. [VENDOR BONDS.] Vendors of lever voting machines29.8 orelectronic voting systems shall certify to the secretary of 29.9 state that they will not offer for sale any voting machine ora 29.10 system which is not certified for use in Minnesota elections. 29.11 The vendor shall furnish a bond in the amount of $5,000 along 29.12 with the certification to the secretary of state conditioned on 29.13 offering the equipment for sale in accordance with Minnesota 29.14 election laws and any conditions of the approval of the 29.15 equipment granted as provided in this section. 29.16 Sec. 54. Minnesota Statutes 1996, section 206.58, is 29.17 amended to read: 29.18 206.58 [AUTHORIZATION FOR USE.] 29.19 Subdivision 1. [MUNICIPALITIES.] The governing body of a 29.20 municipality, at a regular meeting or at a special meeting 29.21 called for the purpose, may provide for the use of lever voting29.22 machines or, by the affirmative vote of two-thirds of its29.23 members, may provide for the use ofan electronic voting system ,29.24 in one or more precincts and at all elections in the precincts, 29.25 subject to approval by the county auditor. The governing body 29.26 shall disseminate information to the public about the use of a 29.27 new voting system at least 60 days prior to the election and 29.28 shall provide for instruction of voters with a demonstration 29.29 voting machine or devicesystem in a public place for the six 29.30 weeks immediately prior to the first election at which the new 29.31 voting system will be used. 29.32 If a machine is designed in a way that does not allow29.33 voting on all candidates and issues pursuant to this chapter,29.34 the machines may be used to the extent compliance with this29.35 chapter is possible and paper ballots complying with election29.36 laws shall be used for all other offices and issues.No machine30.1 orsystem shallmay be adopted or used unless it has been 30.2 approved by the secretary of state pursuant to section 206.57. 30.3 Subd. 2. [MAY USE EXPERIMENTAL MACHINESSYSTEMS.] The 30.4 governing body of a municipality may provide for the 30.5 experimental use of lever voting machines oran electronic 30.6 voting system in one or more precincts without formal adoption 30.7 of the machines orsystem. Use of the machines orsystem at an 30.8 election shall beis as valid for all purposes as if the 30.9 machines orsystem had been permanently adopted. 30.10 WhenIf the governing body of a municipality decides to use 30.11 lever voting machines oran electronic voting system, it shall, 30.12 at a regular or special meeting held not less than 30 days 30.13 before the election, prescribe suitable rules and instructions 30.14 consistent with sections 206.55 to 206.87206.90 for using the 30.15 machine orsystem and shall submit the rules and instructions to 30.16 the secretary of state for approval. When approved, a printed 30.17 copy of the rules and instructions shallmust be posted 30.18 prominently in the polling place and shallmust remain open to 30.19 inspection by the voters throughout election day. 30.20 Subd. 3. [COUNTIES.] The governing body of a county may 30.21 provide for the use of lever voting machinesan electronic 30.22 voting system in one or more precincts of the county at all 30.23 elections. The governing body of a county containing a city of30.24 the first class, at a regular meeting or at a special meeting30.25 called for the purpose, may provide for the use of lever voting30.26 machines or, by the affirmative vote of two-thirds of its30.27 members, may provide for the use of an electronic voting system,30.28 in one or more municipalities of the county, at all elections.30.29 The governing body of the municipality shall give approval 30.30 before a voting machine oran electronic voting system may be 30.31 adopted or used in the municipality under the authority of this 30.32 section. No machine orsystem may be adopted or used unless it 30.33 has been approved by the secretary of state pursuant to section 30.34 206.57. 30.35 Subd. 4. [CERTIFICATION OF USE OF VOTING MACHINES30.36 SYSTEMS.] WhenIf a municipality adopts the use of lever voting31.1 machines oran electronic voting system, it is the duty ofthe 31.2 municipal clerk toshall certify to the secretary of state 31.3 within 30 days from the date of adoption that lever voting31.4 machines oran electronic voting system will be used in the 31.5 municipality and the date when use will commence. 31.6 Sec. 55. Minnesota Statutes 1996, section 206.59, is 31.7 amended to read: 31.8 206.59 [PAYMENT FOR MACHINESVOTING SYSTEMS.] 31.9 Payment for lever voting machines oran electronic voting 31.10 system may be provided for in the manner deemed in the best 31.11 interests of the political division adopting and purchasing them31.12 it. A municipality or county may make payment by appropriating 31.13 money from the general fund, by levying a tax in the same manner 31.14 as other taxes are levied, or by issuing and selling bonds or 31.15 other certificates of indebtedness, which shallmust be a charge 31.16 upon the municipality or county adopting and purchasing 31.17 the lever voting machines orelectronic voting system. Bonds or 31.18 other certificates of indebtedness may be issued by a majority 31.19 vote of the governing body of the municipality or county 31.20 adopting and purchasing voting machines oran electronic voting 31.21 system, notwithstanding any contrary provision contained in any 31.22 home rule charter or law of this state. 31.23 The bonds or certificates of indebtedness issued may bear 31.24 interest at a rate not exceeding the rate provided in section 31.25 475.55 and may be made payable at a time not exceeding 20 years 31.26 from the date of issue, as determined by the resolution or 31.27 ordinance authorizing the issue. The bonds or certificates of 31.28 indebtedness may be issued exclusive of and in addition to any 31.29 limit of indebtedness fixed by the charter of a municipality, or 31.30 by laws governing a municipality or county, but the bonds or 31.31 certificates of indebtedness may not be issued or sold at less 31.32 than par and accrued interest on them. 31.33 Sec. 56. Minnesota Statutes 1996, section 206.61, 31.34 subdivision 1, is amended to read: 31.35 Subdivision 1. [OFFICIAL RESPONSIBLE FOR PROVIDING 31.36 BALLOTS.] The official charged with providing paper ballots when 32.1 they are used shall provide all ballot strips andballot cards, 32.2 ballot booklets, diagrams,sample ballots, precinct summary 32.3 statements, and other necessary supplies needed for lever voting32.4 machines orelectronic voting systems, except as otherwise 32.5 provided by this section. 32.6 At general elections and primaries the county auditor of 32.7 each county in which lever voting machines oran electronic 32.8 voting system areis used shall provide all ballot strips,32.9 ballot cards , ballot booklets,and other necessary printed forms 32.10 and supplies needed for the lever voting machines orelectronic 32.11 voting system, including all forms needed for voting on 32.12 candidates and questions, the ballots for which are required by 32.13 the election laws to be provided by the state when paper ballots 32.14 are used. 32.15 Sec. 57. Minnesota Statutes 1996, section 206.61, 32.16 subdivision 3, is amended to read: 32.17 Subd. 3. [CANDIDATES' NAMES.] Candidates' names may be set 32.18 in as large type as the length of the majority of names on the 32.19 ballot permits. The remaining candidates' names may be set in 32.20 smaller sizes of type as the length of each name requires, in 32.21 order to fit the available space on the ballot strip or ballot32.22 bookletcard. 32.23 Sec. 58. Minnesota Statutes 1996, section 206.61, 32.24 subdivision 5, is amended to read: 32.25 Subd. 5. [ALTERNATION.] The provisions of the election 32.26 laws requiring the alternation of names of candidates shallmust 32.27 be observed as far as practicable by changing the order of the 32.28 names on the lever voting machines oran electronic voting 32.29 system in the various precincts so that each name appears on the 32.30 machines or marking devices used in a municipality substantially 32.31 an equal number of times in the first, last, and in each 32.32 intermediate place in the list or group in which they belong. 32.33 However, the arrangement of candidates' names shallmust be the 32.34 same on all levervoting machines or marking devicessystems 32.35 used in the same precinct. WhenIf the number of names to be 32.36 alternated exceeds the number of precincts, the election 33.1 official responsible for providing the ballots, in accordance 33.2 with subdivision 1, shall determine by lot the alternation of 33.3 names. 33.4 Sec. 59. Minnesota Statutes 1996, section 206.62, is 33.5 amended to read: 33.6 206.62 [SAMPLE BALLOTS.] 33.7 The officials who prepare ballot strips or ballot booklets33.8 cards shall provide each polling place with at least two sample 33.9 ballots which are facsimiles of the ballot strip or ballot33.10 bookletcard to be voted on in that precinct. Candidates' names33.11 may not be rotated on the sample ballots but must be arranged in33.12 alphabetical order for all offices where rotation of names on33.13 the official ballots is required by law.The sample ballots may 33.14 be either in full or reduced size. They must contain suitable33.15 illustrated directions for voting on a lever voting machine or33.16 for operating a marking device, or illustrated instructions must33.17 be provided on a separate poster placed adjacent to each sample33.18 ballot.The sample ballots must be posted prominently in the 33.19 polling place and must remain open to inspection by the voters 33.20 throughout election day. 33.21 Sec. 60. Minnesota Statutes 1996, section 206.64, 33.22 subdivision 1, is amended to read: 33.23 Subdivision 1. [GENERAL PROVISIONS FOR LEVER MACHINE33.24 VOTING ANDELECTRONIC SYSTEM VOTING.] Each lever voting machine33.25 andelectronic voting system booth must be placed and protected 33.26 so that it is accessible to only one voter at a time and is in 33.27 full view of all the election judges and challengers at the 33.28 polling place. The election judges shall admit one individual 33.29 at a time to each machine orbooth after determining that the 33.30 individual is eligible to vote. Voting by lever voting machine33.31 orelectronic voting system shallmust be secret, except as33.32 provided in this sectionfor voters who need assistance. A 33.33 voter may remain inside the voting booth for three minutes. A 33.34 voter who refuses to leave the voting booth after three minutes 33.35 shallmust be removed by the election judges. An election judge33.36 shall inspect the face of each lever voting machine and marking34.1 device after each voter has voted to determine that the ballot34.2 strips and ballot booklets are in the proper places and that the34.3 machine or device has not been injured or tampered with. During34.4 voting hours the door or other compartment of a lever voting34.5 machine may not be unlocked or opened, nor may the counters be34.6 exposed except by a custodian or other authorized person, who34.7 shall make and sign a statement of explanation to be attached to34.8 the election returns.34.9 Sec. 61. Minnesota Statutes 1996, section 206.66, is 34.10 amended to read: 34.11 206.66 [VIOLATIONS; PENALTIES.] 34.12 Subdivision 1. [INJURING VOTING MACHINES.] An individual 34.13 who intentionally injures or attempts to injure or render 34.14 ineffectual a lever voting machine orany component of an 34.15 electronic voting system, or who violates any of the provisions 34.16 of sections 206.55 to 206.90, is guilty of a felony. 34.17 Subd. 2. [VIOLATION OF LAW, RULES.] An individual who 34.18 violates any rules adopted by the secretary of state or by the 34.19 governing body of a municipality where lever voting machines or34.20 an electronic voting system areis used, or who violates any of 34.21 the provisions of sections 206.55 to 206.90, is guilty of a 34.22 gross misdemeanor. 34.23 Subd. 3. [PERFORMANCE BOND.] A vendor of voting machines,34.24 electronic voting systems ,or related election services shall 34.25 furnish the secretary of state with a sufficient bond 34.26 conditioned on the performance of those machines, systems, or 34.27 services in accordance with the Minnesota election law and any 34.28 contract or agreement made with an election jurisdiction in 34.29 Minnesota. The vendor bond required under section 206.57, 34.30 subdivision 4, may serve as the performance bond required under 34.31 this subdivision. The secretary of state shall send notice of 34.32 the receipt or forfeiture of a bond under this subdivision to 34.33 each official on the user list. 34.34 Sec. 62. Minnesota Statutes 1996, section 206.80, is 34.35 amended to read: 34.36 206.80 [ELECTRONIC VOTING SYSTEMS.] 35.1 (a)An electronic voting system may not be employed unless 35.2 it: 35.3 (1) permits every voter to vote in secret; 35.4 (2) permits every voter to vote for all candidates and 35.5 questions for whom or upon which the voter is legally entitled 35.6 to vote; 35.7 (3) provides for write-in voting when authorized; 35.8 (4) rejects by means of the automatic tabulating equipment, 35.9 except as provided in section 206.84 with respect to write-in 35.10 votes, all votes for an office or question when the number of 35.11 votes cast on it exceeds the number which the voter is entitled 35.12 to cast; 35.13 (5) permits a voter at a primary election to select 35.14 secretly the party for which the voter wishes to vote; and 35.15 (6) rejects, by means of the automatic tabulating 35.16 equipment, all votes cast in a primary election by a voter when 35.17 the voter votes for candidates of more than one party , except as35.18 provided in paragraph (b). 35.19 (b) A punch card electronic voting system may not be35.20 employed at a partisan primary election unless it permits a35.21 voter at a partisan primary election to select the party for35.22 which the voter wishes to vote by punching out an indicator for35.23 one of the parties only, and must reject, by means of the35.24 automatic tabulating equipment, all votes cast in a partisan35.25 primary election by a voter for candidates of a party other than35.26 the one chosen by the voter from the party indicators.35.27 Sec. 63. Minnesota Statutes 1996, section 206.81, is 35.28 amended to read: 35.29 206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 35.30 The secretary of state may license an electronic voting 35.31 system for experimental use at an election prior to its approval 35.32 for general use. Experimental use shallmust be observed by the 35.33 secretary of state or the secretary's designee and the results 35.34 observed shallmust be considered at any subsequent proceedings 35.35 for approval for general use. The secretary of state may adopt 35.36 rules consistent with sections 206.55 to 206.87206.90 relating 36.1 to experimental use. The extent of experimental use shallmust 36.2 be determined by the secretary of state. 36.3 Sec. 64. Minnesota Statutes 1996, section 206.83, is 36.4 amended to read: 36.5 206.83 [TESTING OF VOTING SYSTEMS.] 36.6 The official in charge of elections shall have the voting 36.7 system tested to ascertain that the system will correctly count 36.8 the votes cast for all candidates and on all questions (1)36.9 within five days prior to election day, for punch card voting36.10 systems, or (2)within 14 days prior to election day , for36.11 optical scan voting systems. Public notice of the time and 36.12 place of the test must be given at least two days in advance by 36.13 publication once in official newspapers. The test must be 36.14 observed by at least two election judges, who are not of the 36.15 same major political party, and must be open to representatives 36.16 of the political parties, candidates, the press, and the 36.17 public. The test must be conducted by processing a preaudited 36.18 group of ballots punched or marked to record a predetermined 36.19 number of valid votes for each candidate and on each question, 36.20 and must include for each office one or more ballot cards which 36.21 have votes in excess of the number allowed by law in order to 36.22 test the ability of the voting system to reject those votes. If 36.23 any error is detected, the cause must be ascertained and 36.24 corrected and an errorless count must be made before the voting 36.25 system may be used in the election. The test for punch card36.26 voting systems must be repeated immediately before the start of36.27 the official count of the ballots, in the manner provided in36.28 this section.After the completion of the counttest, the 36.29 programs used and ballot cards must be sealed, retained, and 36.30 disposed of as provided for paper ballots. 36.31 Sec. 65. Minnesota Statutes 1996, section 206.84, 36.32 subdivision 3, is amended to read: 36.33 Subd. 3. [BALLOTS.] The ballot information , whether placed36.34 on the ballot card or on the ballot booklet must, as far as36.35 practicable,must be in the same order provided for paper 36.36 ballots, except that the information may be in vertical or 37.1 horizontal rows, or on a number of separate pages. The 37.2 secretary of state shall provide by rule for standard ballot 37.3 formats for electronic voting systems. 37.4 The pages of a partisan primary ballot booklet must be37.5 different colors for different parties. The colors available37.6 for partisan primary ballot booklet pages are purple, orange,37.7 and buff. The chairs of the major political parties shall37.8 choose from among those colors in a random drawing conducted by37.9 the secretary of state. A color chosen by a party is37.10 permanently assigned to that party.37.11 A partisan primary ballot booklet must be designed to37.12 include a form of party indicator by which the voter may choose37.13 the party in whose primary the voter intends to vote.37.14 All pages of a party's primary ballot must be consecutive,37.15 without the insertion of pages from another party. Partisan37.16 primary ballot booklets must contain a prominent notice of the37.17 effect of attempting to vote in more than one party's primary.37.18 A separate ballot booklet may also be used for each party in a37.19 partisan primary.37.20 Ballots for all questions must be provided in the same37.21 manner. Where ballot booklets are placed in a marking device,37.22 they shall be arranged on or in the marking device in the places37.23 provided.Ballot cards may contain special printed marks and 37.24 holes as required for proper positioning and reading of the 37.25 ballots by electronic vote counting equipment. Ballot cards 37.26 must contain an identification of the precinct for which they 37.27 have been prepared which can be read visually and which can be 37.28 tabulated by the automatic tabulating equipment. 37.29 Sec. 66. Minnesota Statutes 1996, section 206.84, 37.30 subdivision 6, is amended to read: 37.31 Subd. 6. [DUTIES OF OFFICIAL IN CHARGE.] The official in 37.32 charge of elections in each municipality where an electronic 37.33 voting system is used shall have the marking devicesvoting 37.34 systems put in order, set, adjusted, and made ready for voting 37.35 when delivered to the election precincts. The official shall 37.36 also provide each precinct with a container for transporting 38.1 ballot cards to the counting location after the polls close. 38.2 The container shall be of sturdy material to protect the ballots 38.3 from all reasonably foreseeable hazards including auto 38.4 collisions. The election judges shall meet at the polling place 38.5 at least one hour before the time for opening the polls. Before 38.6 the polls open the election judges shall compare the 38.7 ballot bookletscards used with the sample ballots furnished to 38.8 see that the names, numbers, and letters on both agree and shall 38.9 certify to that fact on forms provided for the purpose. The 38.10 certification must be filed with the election returns. 38.11 Sec. 67. Minnesota Statutes 1996, section 206.84, 38.12 subdivision 7, is amended to read: 38.13 Subd. 7. [SPOILED BALLOT CARDS.] A voter who spoils a 38.14 ballot card or makes an error may return it to the election 38.15 judges and obtain another. Except as otherwise provided in 38.16 sections 206.55 to 206.87206.90, the election judges shall 38.17 conduct the election in the manner prescribed for precincts 38.18 using paper ballots in chapters 204C and 204D. 38.19 Sec. 68. Minnesota Statutes 1996, section 206.86, 38.20 subdivision 1, is amended to read: 38.21 Subdivision 1. [AT THE VOTING LOCATION.] In precincts 38.22 where an electronic voting system is used, as soon as the polls 38.23 are closed the election judges shall secure the marking devices38.24 voting systems against further voting. They shall then open the 38.25 ballot box and count the number of ballot cards or envelopes 38.26 containing ballot cards that have been cast to determine that 38.27 the number of ballot cards does not exceed the number of voters 38.28 shown on the election register or registration file. If there 38.29 is an excess, the judges shall process the ballot cards in the 38.30 same manner as paper ballots are processed in section 204C.20, 38.31 subdivision 2. The total number of voters must be entered on the 38.32 forms provided. The judges shall next count the write-in votes 38.33 and enter the number of those votes on forms provided for the 38.34 purpose. If ballot cards are used, all ballot envelopes on38.35 which write-in votes have been recorded must be serially38.36 numbered, starting with the number one, and the same number must39.1 be placed on the ballot card of the voter. The judges shall39.2 compare the write-in votes with the votes cast on the ballot39.3 card. If the total number of votes for any office exceeds the39.4 number allowed by law, a notation to that effect must be entered39.5 on the back of the ballot card and the card must be returned to39.6 the counting center in an envelope marked "defective ballots";39.7 however, valid votes on ballot cards containing invalid votes39.8 must be counted as provided in subdivision 5. If paper ballots39.9 are used, the judges, before counting the write-in votes, shall39.10 compare the write-in votes with the votes cast elsewhere on the39.11 ballot card. If the total number of votes for an office39.12 involving a write-in vote exceeds the number allowed by law, a39.13 notation to that effect must be entered on the back of the39.14 ballot. Valid votes on the rest of such a ballot must be39.15 tallied by the judges at the precinct, on a form provided for39.16 the purpose. The ballot must then be placed in an envelope39.17 marked "defective ballots" and returned to the counting center.39.18 The total number of defective ballots must be added to the39.19 totals for the respective precincts and the defective ballots39.20 disposed of as provided by section 204C.25.39.21 Sec. 69. Minnesota Statutes 1996, section 206.86, 39.22 subdivision 2, is amended to read: 39.23 Subd. 2. [TRANSPORTATION OF BALLOT CARDS.] The judges 39.24 shall place all voted ballot cards, envelopes with write-in39.25 ballots,defective ballots, and damaged ballots in the container 39.26 provided for transporting them to the counting center. The 39.27 container must be sealed and delivered immediately to the 39.28 counting center by two judges who are not of the same major 39.29 political party. The judges shall also deliver to the counting 39.30 center in a suitable container the unused ballot cards, the 39.31 spoiled ballot envelope, and the ballot envelopes issued to the 39.32 voters and deposited during the day in the ballot box. 39.33 Sec. 70. Minnesota Statutes 1996, section 206.90, 39.34 subdivision 4, is amended to read: 39.35 Subd. 4. [ABSENTEE VOTING.] An optical scan voting system 39.36 may be used for absentee voting as long as. The county auditor 40.1 may supply an appropriate marking instrument is suppliedto the 40.2 voter along with the ballot. 40.3 Sec. 71. Minnesota Statutes 1996, section 206.90, 40.4 subdivision 6, is amended to read: 40.5 Subd. 6. [BALLOTS.] In precincts using optical scan voting 40.6 systems, a single ballot card on which all ballot information is 40.7 included must be printed in black ink on white colored material 40.8 except that marks not to be read by the automatic tabulating 40.9 equipment may be printed in another color ink. 40.10 When optical scan ballots are used, the offices to be 40.11 elected must appear in the following order: federal offices; 40.12 state legislative offices; constitutional offices; proposed 40.13 constitutional amendments; county offices and questions; 40.14 municipal offices and questions; school district offices and 40.15 questions; special district offices and questions; and judicial 40.16 offices. 40.17 On optical scan ballots, the names of candidates and the 40.18 words "yes" and "no" for ballot questions must be printed as 40.19 close to their corresponding vote targets as possible. 40.20 The line on an optical scan ballot for write-in votes must 40.21 contain the words "write-in, if any." 40.22 Sec. 72. Minnesota Statutes 1996, section 207A.03, 40.23 subdivision 2, is amended to read: 40.24 Subd. 2. [VOTER CERTIFICATION; BALLOT.] An individual 40.25 seeking to vote at the presidential primary shall request the 40.26 ballot of the party for whose candidates the individual wishes 40.27 to vote. The voter registration certificate or duplicate40.28 registration filepolling place roster for the presidential 40.29 primary must list the names of the political parties appearing 40.30 on the ballot at the presidential primary. Before receiving a 40.31 ballot, a voter shall sign the voter's certificate or duplicate40.32 registration filepolling place roster and shall place a check40.33 mark besideindicate the name of the political party whose 40.34 ballot the voter requested. 40.35 Sec. 73. Minnesota Statutes 1996, section 211B.14, is 40.36 amended to read: 41.1 211B.14 [DIGEST OF LAWS.] 41.2 The secretary of state, with the approval of the attorney 41.3 general, shall prepare and print an easily understandable digest 41.4 of this chapter and annotations of it. The digest may include 41.5 other related laws and annotations at the discretion of the 41.6 secretary of state. 41.7 The secretary of state shall distribute the digest to 41.8 candidates and committees through the county auditor or 41.9 otherwise as the secretary of state considers expedient. A copy 41.10 of the digest and, if appropriate, a financial reporting form 41.11 and a certification of filing form must be distributed to each 41.12 candidate by the filing officer at the time that the candidate's 41.13 affidavit of candidacy is filed. 41.14 Sec. 74. Minnesota Statutes 1996, section 367.03, 41.15 subdivision 1, is amended to read: 41.16 Subdivision 1. [SUPERVISORS, TERMS.] Except in towns 41.17 operating under option A or in towns operating as provided in 41.18 subdivision 4, three supervisors shall be elected in each town 41.19 at the town general election as provided in this section. Each 41.20 supervisor shall be elected for a term of three years and shall 41.21 serve until a successor is elected and qualified. 41.22 Sec. 75. Minnesota Statutes 1996, section 367.25, 41.23 subdivision 1, is amended to read: 41.24 Subdivision 1. [REQUIREMENT, FEE.] Every person elected at 41.25 a March election or appointed to a town office, within ten days 41.26 after receiving a certificate or notice of election or 41.27 appointment, shall take and subscribe the oath required by law. 41.28 Persons elected at a November election shall take their oath 41.29 before assuming office. If taken before the town clerk, the 41.30 oath shall be administered and certified without fee. 41.31 Sec. 76. Minnesota Statutes 1996, section 387.01, is 41.32 amended to read: 41.33 387.01 [QUALIFICATIONS; BOND; OATH.] 41.34 Every person who files as a candidate for county sheriff 41.35 must be licensed as a peace officer in this state. Every person 41.36 elected orappointed to the office of sheriff after August 1,42.1 1973, and not holding a certificate of satisfactory completion42.2 of the basic course in training issued by the executive director42.3 of the Minnesota peace officers training board, shall, within42.4 one year after assuming office obtain such certificate, except42.5 that sheriffs in office on August 1, 1973, shall be considered42.6 to be qualified and eligible to continue in office as sheriff42.7 and to be reelected to that office. A sheriff who without good42.8 cause does not obtain a certificate of satisfactory completion42.9 as required by this section shall thereafter forfeit all42.10 privileges and compensation, the office of sheriff shall be42.11 deemed vacant, and the county board may fill said office at a42.12 special election called for that purpose, but shall fill said42.13 office no later than at the next general electionmust become 42.14 licensed as a peace officer before entering upon the duties of 42.15 the office. Before entering upon duties every sheriff shall 42.16 give bond to the state in a sum not less than $25,000 in 42.17 counties whose population exceeds 150,000, and not less than 42.18 $5,000 in all other counties, to be approved by the county 42.19 board, conditioned that the sheriff will well and faithfully in 42.20 all things perform and execute the duties of office, without 42.21 fraud, deceit, or oppression, which bond, with an oath of 42.22 office, shall be filed for record with the county recorder. 42.23 Sec. 77. Minnesota Statutes 1996, section 388.01, is 42.24 amended to read: 42.25 388.01 [ELECTION; QUALIFICATIONS; TERM.] 42.26 There shall be elected in each county a county attorney who 42.27 shall be learned in thelicensed to practice law in this state, 42.28 and whose term of office shall be four years and until a 42.29 successor qualifies. Before entering upon duties the county 42.30 attorney shall take an oath. The oath must be filed for record 42.31 with the county recorder. 42.32 Sec. 78. Minnesota Statutes 1996, section 626.846, 42.33 subdivision 6, is amended to read: 42.34 Subd. 6. A person seeking election to the office of 42.35 sheriff must be licensed as a peace officer. A person seeking 42.36 election orappointment to the office of sheriff, or seeking 43.1 appointment to the position of chief law enforcement officer, as 43.2 defined by the rules of the board, after June 30, 1987, must be 43.3 licensed or eligible to be licensed as a peace officer. The 43.4 person shall submit proof of peace officer licensure or 43.5 eligibility as part of the application for office. A person 43.6 elected or appointed to the office of sheriff or the position of 43.7 chief law enforcement officer shall be licensed as a peace 43.8 officer during the person's term of office or employment. 43.9 Sec. 79. [REPEALER.] 43.10 Minnesota Statutes 1996, sections 204D.15, subdivision 2; 43.11 206.065; 206.56, subdivisions 4, 6, 10, 11, 12, 13, and 15; 43.12 206.60; 206.61, subdivisions 2, 6, 7, and 8; 206.63; 206.64, 43.13 subdivision 2; 206.68; 206.685; 206.69; 206.70; 206.71; 206.72; 43.14 206.73; 206.74; 206.75; 206.76; 206.77; 206.84, subdivisions 2, 43.15 4, and 5; and 211B.11, subdivision 2, are repealed.