Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 848

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:16am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18
1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15
2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15
3.16 3.17 3.18 3.19
3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29
3.30 3.31 3.32 3.33 4.1 4.2
4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14

A bill for an act
relating to elections; changing certain requirements for elections; amending
Minnesota Statutes 2008, sections 204B.19, subdivision 2; 204B.21, subdivisions
1, 2; 204B.46; 205.075, subdivision 1, by adding a subdivision; 367.03,
subdivision 4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 204B.19, subdivision 2, is amended to read:


Subd. 2.

Individuals not qualified to be election judges.

new text begin (a) Except as provided in
paragraph (b),
new text endno individual shall be appointed as an election judge for any precinct if
that individual:

deleted text begin (a)deleted text endnew text begin (1)new text end is unable to read, writenew text begin,new text end or speak the English language;

deleted text begin (b)deleted text endnew text begin (2)new text end is the spouse, parent, childnew text begin, including a stepchild, new text end or siblingnew text begin, including a
stepsibling,
new text end of any election judge serving in the same precinct or of any candidate at
that election; or

deleted text begin (c)deleted text endnew text begin (3)new text end is a candidate at that election.

new text begin (b) Individuals who are related to each other as provided in paragraph (a), clause (2),
may serve as election judges in the same precinct, provided that they serve on separate
shifts that do not run concurrently.
new text end

Sec. 2.

Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:


Subdivision 1.

Appointment lists; duties of political parties and deleted text begincounty auditordeleted text endnew text begin
secretary of state
new text end.

On June 1 in a year in which there is an election for a partisan political
office, deleted text beginthe county or legislative district chairs ofdeleted text end each major political partydeleted text begin, whichever
is designated by the state party,
deleted text end shall prepare a list of eligible voters to act as election
judges in each election precinct deleted text beginin the county or legislative districtdeleted text end. The deleted text beginchairsdeleted text endnew text begin political
parties
new text end shall furnish the lists new text beginelectronically new text endto the deleted text begincounty auditor of the county in which
the precinct is located
deleted text endnew text begin secretary of state, in a format specified by the secretary of state.
The secretary of state must combine the data received from each political party under this
subdivision and must process the data to locate the precinct in which the address provided
for each potential election judge is located. If the data submitted by a political party is
insufficient for the secretary of state to locate the proper precinct, the associated name
must not appear in any list forwarded to an appointing authority under this subdivision.
The secretary of state shall notify political parties of any proposed election judges with
addresses that could not be located in a precinct
new text end.

By June 15, the deleted text begincounty auditordeleted text endnew text begin secretary of state new text end shall furnish new text beginelectronically new text endto the
deleted text begin appointing authoritiesdeleted text endnew text begin county auditor new text end a list of the appropriate names for each election
precinct in the jurisdiction of the appointing authoritydeleted text begin. Separate lists shall be submitted by
the county auditor for each major political party
deleted text endnew text begin, noting the political party affiliation of
each individual on the list. The county auditor must promptly forward the appropriate
names to the appropriate municipal clerk
new text end.

Sec. 3.

Minnesota Statutes 2008, section 204B.21, subdivision 2, is amended to read:


Subd. 2.

Appointing authority; powers and duties.

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

Sec. 4.

Minnesota Statutes 2008, section 204B.46, is amended to read:


204B.46 MAIL ELECTIONS; QUESTIONS.

A county, municipality, or school district submitting questions to the voters at a
special election may conduct an election by mail with no polling place other than the
office of the auditor or clerk. No more than two questions may be submitted at a mail
election and no offices may be voted on. Notice of the election must be given to the county
auditor at least 53 days prior to the election. This notice shall also fulfill the requirements
of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted at
least six weeks prior to the election. deleted text beginNo earlierdeleted text endnew text begin Not morenew text end than deleted text begin20 ordeleted text endnew text begin 30 nornew text end later than 14
days prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to
all voters registered in the county, municipality, or school district. new text begin No later than 14 days
before the election, the auditor or clerk must make a subsequent mailing of ballots to those
voters who register to vote after the initial mailing but before the 20th day before the
election.
new text endEligible voters not registered at the time the ballots are mailed may apply for
ballots pursuant to chapter 203B.

Sec. 5.

Minnesota Statutes 2008, section 205.075, subdivision 1, is amended to read:


Subdivision 1.

Date of election.

The general election in a town must be held on the
second Tuesday in March, except as provided in subdivision 2new text begin or when moved for bad
weather as provided in section 365.51, subdivision 1
new text end.

Sec. 6.

Minnesota Statutes 2008, section 205.075, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Return to March election. new text end

new text begin The town board of a town that has adopted
the alternative November election date under subdivision 2 may, after having conducted
at least two elections on the alternative date, adopt a resolution designating the second
Tuesday in March as the date of the town general election. The resolution must be
adopted by a unanimous vote of the town supervisors and must include a plan to shorten
or lengthen the terms of office to provide an orderly transition to the March election
schedule. The resolution becomes effective upon an affirmative vote of the electors at
the next town general election.
new text end

Sec. 7.

Minnesota Statutes 2008, section 367.03, subdivision 4, is amended to read:


Subd. 4.

Officers; November election.

new text beginExcept as provided in subdivision 4a,
new text endsupervisors and other town officers in towns that hold the town general election in
November shall be elected for terms of four years commencing on the first Monday in
January and until their successors are elected and qualified. The clerk and treasurer shall
be elected in alternate years.

Sec. 8.

Minnesota Statutes 2008, section 367.03, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Optional six-year terms. new text end

new text begin The resolution required under section 205.075,
subdivision 2, to adopt the alternative November date for town general election may
include the proposal and corresponding transition plan to provide for a six-year term for
town supervisors. A town that has adopted the alternative November date for general town
elections using the four-year terms provided under subdivision 4 may adopt a resolution
establishing six-year terms for supervisors as provided under this subdivision. The
resolution must include a plan to provide an orderly transition to six-year terms. The
resolution adopting the six-year term for town supervisors may be proposed by the town
board or by a resolution of the electors adopted at the annual town meeting and is effective
upon an affirmative vote of the electors at the next town general election.
new text end