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HF 3429

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/09/2020 05:27pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to elections; making technical and policy changes to provisions related to
elections administration including provisions related to voting, voter registration,
polling places, ballots, recounts, contests, candidates, and various other
election-related provisions; extending availability of election equipment grant
money; amending Minnesota Statutes 2018, sections 5B.06; 201.061, subdivision
3; 201.071, subdivisions 1, 2, 3, 8; 201.12, subdivision 2; 201.121, subdivision 3;
201.13, subdivision 3; 201.1611, subdivision 1; 201.225, subdivision 2; 202A.16,
subdivision 1; 203B.04, subdivision 1; 203B.081, subdivisions 1, 2; 203B.11,
subdivision 1; 203B.12, subdivision 7; 203B.121, subdivision 2; 203B.16,
subdivision 2; 203B.24, subdivision 1; 204B.06, subdivision 4a; 204B.09,
subdivisions 1, 3; 204B.16, subdivision 1; 204B.19, subdivision 6; 204B.21,
subdivision 2; 204B.36, subdivision 2; 204B.45, subdivisions 1, 2; 204B.46;
204C.05, subdivisions 1a, 1b; 204C.21, subdivision 1; 204C.27; 204C.33,
subdivision 3; 204C.35, subdivision 3, by adding a subdivision; 204C.36,
subdivision 1; 204D.08, subdivision 4; 204D.13, subdivision 1; 204D.19,
subdivision 2; 204D.195; 204D.22, subdivision 3; 204D.23, subdivision 2; 204D.27,
subdivision 5; 204D.28, subdivisions 9, 10; 205.13, subdivision 5; 205A.10,
subdivision 5; 205A.12, subdivision 5; 206.805, subdivision 1; 206.89, subdivisions
4, 5; 206.90, subdivision 6; 207A.13; 207A.14, subdivision 3; 208.03; 209.021,
subdivision 2; 211B.11, subdivision 1; 367.03, subdivision 6; 367.25, subdivision
1; 412.02, subdivision 2a; 447.32, subdivision 4; Minnesota Statutes 2019
Supplement, sections 203B.121, subdivision 4; 207A.12; Laws 2017, First Special
Session chapter 4, article 1, section 6, subdivision 5.

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

Section 1.

Minnesota Statutes 2018, section 5B.06, is amended to read:


5B.06 VOTING BY PROGRAM PARTICIPANT; ABSENTEE BALLOT.

A program participant who is otherwise eligible to vote may register with the secretary
of state as a permanent absentee voter. Notwithstanding section 203B.04, subdivision 5,
the secretary of state is not required to send an absentee ballot application prior to each
election to a program participant registered as a permanent absentee voter under this section.
As soon as practicable before each election, the secretary of state shall determine the precinct
in which the residential address of deleted text beginthedeleted text endnew text begin anew text end program participant is located deleted text beginanddeleted text endnew text begin. Upon making
a precinct determination, the secretary of state
new text end shallnew text begin either (1)new text end request from and receive from
the county auditor or other election official the ballot for that precinct and deleted text beginshall forwarddeleted text endnew text begin
mail
new text end the absentee ballot to the program participant deleted text beginwith the otherdeleted text endnew text begin, or (2) using the Minnesota
statewide voter registration system, prepare the program participant's ballot for that precinct
and mail the absentee ballot to the program participant. The secretary of state shall include
with each mailed absentee ballot all corresponding
new text end materials for absentee balloting as
required by Minnesota law. The program participant shall complete the ballot and return it
to the secretary of state, who shall review the ballot in the manner provided by section
203B.121, subdivision 2. If the ballot and ballot materials comply with the requirements of
that section, the ballot must be certified by the secretary of state as the ballot of a program
participant, and must be forwarded to the appropriate electoral jurisdiction for tabulation
along with all other ballots. The name and address of a program participant must not be
listed in the statewide voter registration system.

Sec. 2.

Minnesota Statutes 2018, section 201.061, subdivision 3, is amended to read:


Subd. 3.

Election day registration.

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

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

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

(3) presenting one of the following:

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

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

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

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

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

(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1
; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5
; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as defined
in section 245A.02, subdivision 14; a residential facility for persons with a developmental
disability licensed by the commissioner of human services under section 252.28; setting
authorized to provide housing support as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; deleted text beginordeleted text end a supervised publicly
or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homelessnew text begin; a facility where a provider operates a residential treatment
program as defined in section 245.462, subdivision 23; or a facility where a provider operates
an adult foster care program as defined in section 245A.02, subdivision 6c
new text end.

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

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

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

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

Sec. 3.

Minnesota Statutes 2018, section 201.071, subdivision 1, is amended to read:


Subdivision 1.

Form.

Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's e-mail address, if provided by the voter. The
electronic voter registration application must include the voter's e-mail address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have deleted text beginresideddeleted text endnew text begin maintained residencenew text end in Minnesota for 20 days immediately
preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) have the right to vote because, if I have been convicted of a felony, my felony sentence
has expired (been completed) or I have been discharged from my sentence; and

(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."

The certification must include boxes for the voter to respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

Sec. 4.

Minnesota Statutes 2018, section 201.071, subdivision 2, is amended to read:


Subd. 2.

Instructions.

new text begin(a) new text endA registration application shall be accompanied by instructions
specifying the manner and method of registration, the qualifications for voting, the penalties
for false registration, and the availability of registration and voting assistance for elderly
and disabled individuals and residents of health care facilities and hospitals.

new text begin (b) new text endThe instructions must indicate that deleted text beginifdeleted text end the voter deleted text begindoes not havedeleted text endnew text begin must providenew text end a valid
Minnesota driver's license or identification cardnew text begin numbernew text end, new text beginor new text endthe last four digits of the voter's
Social Security number deleted text beginmust be provided, unless the voter does not have a Social Security
number
deleted text endnew text begin, unless the voter has not been issued one of those numbersnew text end.

new text begin (c) new text endIf, prior to election day, a person requests the instructions in Braille, audio format,
or in a version printed in 16-point bold type with 24-point leading, the county auditor shall
provide them in the form requested. The secretary of state shall prepare Braille and audio
copies and make them available.

Sec. 5.

Minnesota Statutes 2018, section 201.071, subdivision 3, is amended to read:


Subd. 3.

Deficient registration.

deleted text beginNodeleted text endnew text begin (a) Anew text end voter registration application isnew text begin notnew text end deficient
if it contains the voter'snew text begin:
new text end

new text begin (1)new text end name, address, new text beginand new text enddate of birthdeleted text begin,deleted text endnew text begin;
new text end

new text begin (2)new text end current and valid Minnesota driver's license number deleted text beginordeleted text endnew text begin,new text end Minnesota state identification
number, or deleted text beginif the voter has no current and valid Minnesota driver's license or Minnesota
state identification number,
deleted text end the last four digits of the voter's Social Security numberdeleted text begin, if the
voter has been issued a Social Security number,
deleted text endnew text begin;
new text end

new text begin (3)new text end prior registration, if anydeleted text begin,deleted text endnew text begin;new text end and

new text begin (4) new text endsignature.

new text begin (b) A voter registration application is not deficient due to any of the following:
new text end

new text begin (1) new text endthe absence of a zip code number deleted text begindoes not cause the registration to be deficient.deleted text endnew text begin;
new text end

new text begin (2)new text end failure to check a box on an application form that a voter has certified to be true deleted text begindoes
not cause the registration to be deficient.
deleted text endnew text begin; or
new text end

new text begin (3) the absence of an identification number listed under paragraph (a), clause (2), if the
voter has not been issued one of those numbers and the information can be verified in another
government database associated with the applicant's name and date of birth, or the application
was accepted before January 1, 2004.
new text end

deleted text begin The election judges shall request an individual to correct a voter registration application
if it is deficient or illegible. No eligible voter may be prevented from voting unless the
voter's registration application is deficient or the voter is duly and successfully challenged
in accordance with section 201.195 or 204C.12.
deleted text end

new text begin (c) new text endA voter registration applicationnew text begin:
new text end

new text begin (1)new text end accepted prior to August 1, 1983, is not deficient for lack of date of birth. The county
or municipality may attempt to obtain the date of birth for a voter registration application
accepted prior to August 1, 1983, by a request to the voter at any time except at the polling
place. Failure by the voter to comply with this request does not make the registration
deficientdeleted text begin.deleted text endnew text begin; and
new text end

deleted text begin A voter registration application accepted before January 1, 2004, is not deficient for lack
of a valid Minnesota driver's license or state identification number or the last four digits of
a Social Security number.
deleted text end

deleted text begin A voter registration application submitted by a voter who does not have a Minnesota
driver's license or state identification number, or a Social Security number, is not deficient
for lack of any of these numbers.
deleted text end

deleted text begin A voter registration applicationdeleted text endnew text begin (2)new text end submitted electronically through the website of the
secretary of state prior to April 30, 2014, is not invalid as a result of its electronic submission.

new text begin (d) An election judge must request an individual to correct a voter registration application
if it is deficient or illegible. An eligible voter must not be prevented from voting unless the
voter's registration application is deficient or the voter's eligibility to vote is successfully
challenged under section 201.195 or 204C.12.
new text end

Sec. 6.

Minnesota Statutes 2018, section 201.071, subdivision 8, is amended to read:


Subd. 8.

School district assistance.

School districts shall assist county auditors in
determining the school district in which a voter deleted text beginresidesdeleted text endnew text begin maintains residencenew text end.

Sec. 7.

Minnesota Statutes 2018, section 201.12, subdivision 2, is amended to read:


Subd. 2.

Moved within state.

If any nonforwardable mailing from an election official
is returned as undeliverable but with a permanent forwarding address in this state, the county
auditor may change the voter's status to "inactive" in the statewide registration system and
shall transmit a copy of the mailing to the auditor of the county in which the new address
is located. If an election is scheduled to occur in the precinct in which the voter deleted text beginresidesdeleted text endnew text begin
maintains residence
new text end in the next 47 days, the county auditor shall promptly update the voter's
address in the statewide voter registration system. If there is not an election scheduled, the
auditor may wait to update the voter's address until after the next list of address changes is
received from the secretary of state. Once updated, the county auditor shall mail to the voter
a notice stating the voter's name, address, precinct, and polling place, except that if the
voter's record is challenged due to a felony conviction, noncitizenship, name change,
incompetence, or a court's revocation of voting rights of individuals under guardianship,
the auditor must not mail the notice. The notice must advise the voter that the voter's voting
address has been changed and that the voter must notify the county auditor within 21 days
if the new address is not the voter's address of residence. The notice must state that it must
be returned if it is not deliverable to the voter at the named address.

Sec. 8.

Minnesota Statutes 2018, section 201.121, subdivision 3, is amended to read:


Subd. 3.

Postelection sampling.

(a) Within ten days after an election, the county auditor
shall send the notice required by subdivision 2 to a random sampling of the individuals
registered on election day. The random sampling shall be determined in accordance with
the rules of the secretary of state. As soon as practicable after the election, the county auditor
shall mail the notice required by subdivision 2 to all other individuals registered on election
day. If a notice is returned as not deliverable, the county auditor shall attempt to determine
the reason for the return. A county auditor who does not receive or obtain satisfactory proof
of an individual's eligibility to vote shall immediately notify the county attorney of all of
the relevant information. deleted text beginThedeleted text endnew text begin By February 15 of each odd-numbered year, thenew text end county auditor
must notify the secretary of state of the following informationnew text begin for the previous state general
election
new text end by each precinct:

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

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

(3) the total number of individuals for whom the county auditor does not receive or
obtain satisfactory proof of an individual's eligibility to vote.

(b) By March 1 of every odd-numbered year, the secretary of state shall report to the
chair and ranking minority members of the legislative committees with jurisdiction over
elections the following informationnew text begin for the previous state general electionnew text end by each precinct
and each county:

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

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

(3) the total number of individuals for whom the county auditor does not receive or
obtain satisfactory proof of an individual's eligibility to vote.

Sec. 9.

Minnesota Statutes 2018, section 201.13, subdivision 3, is amended to read:


Subd. 3.

Use of change of address system.

(a) At least once each month the secretary
of state shall obtain a list of individuals registered to vote in this state who have filed with
the United States Postal Service a change of their permanent address. The secretary of state
may also periodically obtain a list of individuals with driver's licenses or state identification
cards to identify those who are registered to vote who have applied to the Department of
Public Safety for a replacement driver's license or state identification card with a different
address, and a list of individuals for whom the Department of Public Safety received
notification of a driver's license or state identification card cancellation due to a change of
residency out of state. However, the secretary of state shall not load data derived from these
lists into the statewide voter registration system within the 47 days before the state primary
or 47 days before a November general election.

(b) If the address is changed to another address in this state, the secretary of state shall
locate the precinct in which the voter deleted text beginresidesdeleted text endnew text begin maintains residencenew text end, if possible. If the secretary
of state is able to locate the precinct in which the voter deleted text beginresidesdeleted text endnew text begin maintains residencenew text end, the
secretary must transmit the information about the changed address by electronic means to
the county auditor of the county in which the new address is located. For addresses for
which the secretary of state is unable to determine the precinct, the secretary may forward
information to the appropriate county auditors for individual review. If the voter has not
voted or submitted a voter registration application since the address change, upon receipt
of the information, the county auditor shall update the voter's address in the statewide voter
registration system. The county auditor shall mail to the voter a notice stating the voter's
name, address, precinct, and polling place, unless the voter's record is challenged due to a
felony conviction, noncitizenship, name change, incompetence, or a court's revocation of
voting rights of individuals under guardianship, in which case the auditor must not mail the
notice. The notice must advise the voter that the voter's voting address has been changed
and that the voter must notify the county auditor within 21 days if the new address is not
the voter's address of residence. The notice must state that it must be returned if it is not
deliverable to the voter at the named address.

(c) If the change of permanent address is to an address outside this state, the secretary
of state shall notify by electronic means the auditor of the county where the voter formerly
deleted text begin resideddeleted text endnew text begin maintained residencenew text end that the voter has moved to another state. If the voter has not
voted or submitted a voter registration application since the address change, the county
auditor shall promptly mail to the voter at the voter's new address a notice advising the voter
that the voter's status in the statewide voter registration system will be changed to "inactive"
unless the voter notifies the county auditor within 21 days that the voter is retaining the
former address as the voter's address of residence, except that if the voter's record is
challenged due to a felony conviction, noncitizenship, name change, incompetence, or a
court's revocation of voting rights of individuals under guardianship, the auditor must not
mail the notice. If the notice is not received by the deadline, the county auditor shall change
the voter's status to "inactive" in the statewide voter registration system.

(d) If, in order to maintain voter registration records, the secretary of state enters an
agreement to share information or data with an organization governed exclusively by a
group of states, the secretary must first determine that the data security protocols are sufficient
to safeguard the information or data shared. If required by such an agreement, the secretary
of state may share the following data from the statewide voter registration system and data
released to the secretary of state under section 171.12, subdivision 7a:

(1) name;

(2) date of birth;

(3) address;

(4) driver's license or state identification card number;

(5) the last four digits of an individual's Social Security number; and

(6) the date that an individual's record was last updated.

If the secretary of state enters into such an agreement, the secretary and county auditors
must process changes to voter records based upon that data in accordance with this section.
Except as otherwise provided in this subdivision, when data is shared with the secretary of
state by another state, the secretary of state must maintain the same data classification that
the data had while it was in the possession of the state providing the data.

Sec. 10.

Minnesota Statutes 2018, section 201.1611, subdivision 1, is amended to read:


Subdivision 1.

Forms.

All postsecondary institutions that enroll students accepting state
or federal financial aid shall provide voter registration forms to each student as early as
possible in the fall quarter. All school districts shall make available voter registration
applications each May and September to all students registered as students of the school
district who will be eligible to vote at the next election after those months. A school district
has no obligation to provide voter registration applications to students who participate in a
postsecondary education option program or who otherwise deleted text beginresidedeleted text endnew text begin maintain residencenew text end in the
district but do not attend a school operated by the district. A school district fulfills its
obligation to a student under this section if it provides a voter registration application to the
student one time. The forms must contain spaces for the information required in section
201.071, subdivision 1, and applicable rules of the secretary of state. The institutions and
school districts may request these forms from the secretary of state. Institutions shall consult
with their campus student government in determining the most effective means of distributing
the forms and in seeking to facilitate election day registration of students under section
201.061, subdivision 3. School districts must advise students that completion of the voter
registration application is not a school district requirement.

Sec. 11.

Minnesota Statutes 2018, section 201.225, subdivision 2, is amended to read:


Subd. 2.

Technology requirements.

An electronic roster must:

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

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

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

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

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

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

(7) immediately alert the election judge if the electronic roster indicates that a voter has
already voted in that precinct, the voter's registration status is challenged, or it appears the
voter deleted text beginresidesdeleted text endnew text begin maintains residencenew text end in a different precinct;

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

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

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

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

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

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

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

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

Sec. 12.

Minnesota Statutes 2018, section 202A.16, subdivision 1, is amended to read:


Subdivision 1.

Eligible voters.

Only those individuals who are or will be eligible to vote
at the time of the next state general election, may vote or be elected a delegate or officer at
the precinct caucus. An eligible voter may vote or be elected a delegate or officer only in
the precinct where the voter deleted text beginresidesdeleted text endnew text begin maintains residencenew text end at the time of the caucus.

Sec. 13.

Minnesota Statutes 2018, section 203B.04, subdivision 1, is amended to read:


Subdivision 1.

Application procedures.

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

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

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

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

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

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

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

(2) Minnesota state identification card number;

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

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

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

(d) An applicant's full date of birth, Minnesota driver's license or state identification
number, and the last four digits of the applicant's Social Security number must not be made
available for public inspection. An application may be submitted to the county auditor or
municipal clerk by an electronic facsimile device. An application mailed or returned in
person to the county auditor or municipal clerk on behalf of a voter by a person other than
the voter must be deposited in the mail or returned in person to the county auditor or
municipal clerk within ten days after it has been dated by the voter and no later than six
days before the election. The absentee ballot applications or a list of persons applying for
an absentee ballot may not be made available for public inspection until the close of voting
on election day, except as authorized in section 203B.12new text begin, and must be available to the public
in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9
new text end.

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

Sec. 14.

Minnesota Statutes 2018, section 203B.081, subdivision 1, is amended to read:


Subdivision 1.

Location; timing.

An eligible voter may vote by absentee ballot in the
office of the county auditor and at any other polling place designated by the county auditor
during the 46 days before the election, except as provided in this section.new text begin The county auditor
shall make such polling place designations at least 14 weeks before the election. Voters
casting absentee ballots in person for a town election held in March may do so during the
30 days before the election.
new text end

Sec. 15.

Minnesota Statutes 2018, section 203B.081, subdivision 2, is amended to read:


Subd. 2.

deleted text beginTown electionsdeleted text endnew text begin Voting booth; electronic ballot markernew text end.

deleted text beginVoters casting
absentee ballots in person for a town election held in March may do so during the 30 days
before the election. The county auditor shall make such designations at least 14 weeks before
the election.
deleted text endnew text begin For purposes of this section, the county auditor must make available in each
polling place (1)
new text end at least one voting booth deleted text beginin each polling place must be made available by
the county auditor for this purpose. The county auditor must also make available
deleted text endnew text begin, and (2)new text end
at least one electronic ballot marker deleted text beginin each polling place that has implemented a voting
system that is accessible
deleted text end for individuals with disabilities pursuant to section 206.57,
subdivision 5
.

Sec. 16.

Minnesota Statutes 2018, section 203B.11, subdivision 1, is amended to read:


Subdivision 1.

Generally.

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

new text begin (b) At the discretion of a full-time municipal clerk, school district clerk, or county auditor,
absentee ballots may be delivered in the same manner as prescribed in paragraph (a) to a
veterans home operated by the board of directors of the Minnesota veterans homes under
chapter 198 or a shelter for battered women as defined in section 611A.37, subdivision 4.
new text end

Sec. 17.

Minnesota Statutes 2018, section 203B.12, subdivision 7, is amended to read:


Subd. 7.

Names of persons; rejected absentee ballots.

The names of voters who have
submitted an absentee ballot to the county auditor or municipal clerk that has not been
accepted may not be made available for public inspection until the close of voting on election
day.

new text begin After the close of voting on election day, the lists must be available to the public in the
same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.
new text end

Sec. 18.

Minnesota Statutes 2018, section 203B.121, subdivision 2, is amended to read:


Subd. 2.

Duties of ballot board; absentee ballots.

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

(b) The members of the ballot board shall mark the deleted text beginreturndeleted text endnew text begin signaturenew text end envelope "Accepted"
and initial or sign the deleted text beginreturndeleted text endnew text begin signaturenew text end envelope below the word "Accepted" if a majority
of the members of the ballot board examining the envelope are satisfied that:

(1) the voter's name and address on the deleted text beginreturndeleted text endnew text begin signaturenew text end envelope are the same as the
information provided on the absentee ballot application;

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

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

(4) the voter is registered and eligible to vote in the precinct or has included a properly
completed voter registration application in the deleted text beginreturndeleted text endnew text begin signaturenew text end envelope;

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

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

The deleted text beginreturndeleted text endnew text begin signaturenew text end envelope from accepted ballots must be preserved and returned to
the county auditor.

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

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

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

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

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

(2) the reason for rejection; and

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

(e) An absentee ballot deleted text beginreturndeleted text endnew text begin signaturenew text end envelope marked "Rejected" may not be opened
or subject to further review except in an election contest filed pursuant to chapter 209.

Sec. 19.

Minnesota Statutes 2019 Supplement, section 203B.121, subdivision 4, is amended
to read:


Subd. 4.

Opening of envelopes.

After the close of business on the seventh day before
the election, the ballots from deleted text beginreturndeleted text endnew text begin secrecynew text end envelopes new text beginwithin the signature envelopes new text endmarked
"Accepted" may be opened, duplicated as needed in the manner provided in section 206.86,
subdivision 5
, initialed by the members of the ballot board, and deposited in the appropriate
ballot box. If more than one voted ballot is enclosed in the ballot envelope, the ballots must
be returned in the manner provided by section 204C.25 for return of spoiled ballots, and
may not be counted.

Sec. 20.

Minnesota Statutes 2018, section 203B.16, subdivision 2, is amended to read:


Subd. 2.

Indefinite residence outside United States.

Sections 203B.16 to 203B.27
provide the exclusive voting procedure for United States citizens who are living indefinitely
outside the territorial limits of the United States who meet all the qualifications of an eligible
voter except residence in Minnesota, but who are authorized by federal law to vote in
Minnesota because they or, if they have never deleted text beginresideddeleted text endnew text begin maintained residencenew text end in the United
States, a parent maintained residence in Minnesota for at least 20 days immediately prior
to their departure from the United States. Individuals described in this subdivision shall be
permitted to vote only for the offices of president, vice-president, senator in Congress, and
representative in Congress.

Sec. 21.

Minnesota Statutes 2018, section 203B.24, subdivision 1, is amended to read:


Subdivision 1.

Check of voter eligibility; proper execution of certificate.

Upon receipt
of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the election
judges shall compare the voter's name with the names recorded under section 203B.19 in
the statewide registration system to insure that the ballot is from a voter eligible to cast an
absentee ballot under sections 203B.16 to 203B.27. The election judges shall mark the return
envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if
the election judges are satisfied that:

(1) the voter's namenew text begin and addressnew text end on the return envelope appears in substantially the same
form as on the application records provided to the election judges by the county auditor;

(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of the
Help America Vote Act, Public Law 107-252;

(3) the voter has set forth the same voter's passport number, or Minnesota driver's license
or state identification card number, or the last four digits of the voter's Social Security
number as submitted on the application, if the voter has one of these documents;

(4) the voter is not known to have died; and

(5) the voter has not already voted at that election, either in person or by absentee ballot.

If the identification number described in clause (3) does not match the number as
submitted on the application, the election judges must make a reasonable effort to satisfy
themselves through other information provided by the applicant, or by an individual
authorized to apply on behalf of the voter, that the ballots were returned by the same person
to whom the ballots were transmitted.

An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be rejected
for the lack of one of clauses (1) to (5). In particular, failure to place the ballot within the
deleted text begin securitydeleted text endnew text begin secrecynew text end envelope before placing it in the outer white envelope is not a reason to
reject an absentee ballot.

Election judges must note the reason for rejection on the back of the envelope in the
space provided for that purpose.

Failure to return unused ballots shall not invalidate a marked ballot, but a ballot shall
not be counted if the certificate on the return envelope is not properly executed. In all other
respects the provisions of the Minnesota Election Law governing deposit and counting of
ballots shall apply. Notwithstanding other provisions of this section, the counting of the
absentee ballot of a deceased voter does not invalidate the election.

Sec. 22.

Minnesota Statutes 2018, section 204B.06, subdivision 4a, is amended to read:


Subd. 4a.

State and local offices.

Candidates who seek nomination for the following
offices shall state the following additional information on the affidavit:

(1) for governor or lieutenant governor, that on the first Monday of the next January the
candidate will be 25 years of age or older and, on the day of the state general election, a
resident of Minnesota for not less than one year;

(2) for supreme court justice, court of appeals judge, or district court judge, that the
candidate is learned in the law;

(3) for county, municipal, school district, or special district office, that the candidate
meets any other qualifications for that office prescribed by law;

(4) for senator or representative in the legislature, that on the day of the general or special
election to fill the office the candidate will have deleted text beginresideddeleted text endnew text begin maintained residencenew text end not less than
one year in the state and not less than six months in the legislative district from which the
candidate seeks election.

Sec. 23.

Minnesota Statutes 2018, section 204B.09, subdivision 1, is amended to read:


Subdivision 1.

Candidates in state and county general elections.

(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than 84 days nor less than 70 days before the state primary. The affidavit may be
prepared and signed at any time between 60 days before the filing period opens and the last
day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed
in the presence of a notarial officer or an individual authorized to administer oaths under
section 358.10.

(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions at least 77 days
before the general election day pursuant to section 204B.07. Nominating petitions to fill
vacancies in nominations shall be filed as provided in section 204B.13. No affidavit or
petition shall be accepted later than 5:00 p.m. on the last day for filing.

(d) Affidavits and petitions for county offices must be filed with the county auditor of
that county. Affidavits and petitions for federal offices must be filed with the secretary of
state. Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate deleted text beginresidesdeleted text endnew text begin maintains residencenew text end.

(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted by
mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and must
be received by 5:00 p.m. on the last day for filing.

Sec. 24.

Minnesota Statutes 2018, section 204B.09, subdivision 3, is amended to read:


Subd. 3.

Write-in candidates.

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

(b) A candidate for president of the United States who files a request under this
subdivision must deleted text begininclude the name of a candidate for vice president of the United States.deleted text endnew text begin
file jointly with another individual seeking nomination as a candidate for vice president of
the United States. A candidate for vice president of the United States who files a request
under this subdivision must file jointly with another individual seeking nomination as a
candidate for president of the United States.
new text end The request must also include the name of at
least one candidate for presidential elector. The total number of names of candidates for
presidential elector on the request may not exceed the total number of electoral votes to be
cast by Minnesota in the presidential election.

(c) A candidate for governor who files a request under this subdivision must deleted text begininclude the
name of a candidate for lieutenant governor.
deleted text endnew text begin file jointly with another individual seeking
nomination as a candidate for lieutenant governor. A candidate for lieutenant governor who
files a request under this subdivision must file jointly with another individual seeking
nomination as a candidate for governor.
new text end

Sec. 25.

Minnesota Statutes 2018, section 204B.16, subdivision 1, is amended to read:


Subdivision 1.

Authority; location.

new text begin(a) new text endBy December 31 of each year, the governing
body of each municipality and of each county with precincts in unorganized territory must
designate by ordinance or resolution deleted text begina polling place for each election precinct. The polling
places designated in the ordinance or resolution are the polling places for the following
calendar year, unless a change is made:
deleted text endnew text begin any changes to a polling place location. A polling
place must be maintained for the following calendar year unless changed:
new text end

new text begin (1) by ordinance or resolution by December 31 of the previous year;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end pursuant to section 204B.175;

deleted text begin (2)deleted text endnew text begin (3)new text end because a polling place has become unavailable; or

deleted text begin (3)deleted text endnew text begin (4)new text end because a township designates one location for all statenew text begin, county,new text end and federal
elections and one location for all township only elections.

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

Sec. 26.

Minnesota Statutes 2018, section 204B.19, subdivision 6, is amended to read:


Subd. 6.

High school students.

Notwithstanding any other requirements of this section,
a student enrolled in a high school in Minnesota or who is in a home school in compliance
with sections 120A.22 and 120A.24, who has attained the age of 16 is eligible to be appointed
as a without party affiliation trainee election judge in the county in which the student deleted text beginresidesdeleted text endnew text begin
maintains residence
new text end, or a county adjacent to the county in which the student deleted text beginresidesdeleted text endnew text begin maintains
residence
new text end. The student must meet qualifications for trainee election judges specified in rules
of the secretary of state. A student appointed as a trainee election judge may be excused
from school attendance during the hours that the student is serving as a trainee election
judge if the student submits a written request signed and approved by the student's parent
or guardian to be absent from school and a certificate from the appointing authority stating
the hours during which the student will serve as a trainee election judge to the principal of
the school at least ten days prior to the election. Students shall not serve as trainee election
judges after 10:00 p.m. Notwithstanding section 177.24 to the contrary, trainee election
judges may be paid not less than two-thirds of the minimum wage for a large employer.
The principal of the school may approve a request to be absent from school conditioned on
acceptable academic performance at the time of service as a trainee election judge.

Sec. 27.

Minnesota Statutes 2018, 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 the list of voters who deleted text beginresidedeleted text endnew text begin maintain residencenew text end in each
precinct, furnished pursuant to subdivision 1, subject to the eligibility requirements and
other qualifications established or authorized under section 204B.19. At least two election
judges in each precinct must be affiliated with different major political parties. If no lists
have been furnished or if additional election judges are required after all listed names in
that municipality have been exhausted, the appointing authority may appoint other individuals
who meet the qualifications to serve as an election judge, including persons on the list
furnished pursuant to subdivision 1 who indicated a willingness to travel to the municipality,
and persons who are not affiliated with a major political party. An individual who is appointed
from a source other than the list furnished pursuant to subdivision 1 must provide to the
appointing authority the individual's major political party affiliation or a statement that the
individual does not affiliate with any major political party. An individual who refuses to
provide the individual's major political party affiliation or a statement that the individual
does not affiliate with a major political party must not be appointed as an election judge.
The appointments shall be made at least 25 days before the election at which the election
judges will serve, except that the appointing authority may pass a resolution authorizing
the appointment of additional election judges within the 25 days before the election if the
appointing authority determines that additional election judges will be required.

Sec. 28.

Minnesota Statutes 2018, section 204B.36, subdivision 2, is amended to read:


Subd. 2.

Candidates and offices.

The name of each candidate shall be printed at a right
angle to the length of the ballot. At a general election the name of the political party or the
political principle of each candidate for partisan office shall be printed above or below the
name of the candidate. The name of a political party or a political principle shall be printed
in capital and lowercase letters of the same type, with the capital letters at least one-half the
height of the capital letters used for names of the candidates. At a generalnew text begin or specialnew text end election,
blank lines containing the words "write-in, if any" shall be printed below the name of the
last candidate for each office, or below the title of the office if no candidate has filed for
that office, so that a voter may write in the names of individuals whose names are not on
the ballot. One blank line shall be printed for each officer of that kind to be elected. At a
primary election, no blank lines shall be provided for writing in the names of individuals
whose names do not appear on the primary ballot.

On the left side of the ballot at the same level with the name of each candidate and each
blank line shall be printed an oval or similar target shape in which the voter may designate
a vote by filling in the oval or similar mark if a different target shape is used. Each oval or
target shape shall be the same size. Above the first name on each ballot shall be instructions
for voting. Directly underneath the official title of each office shall be printed the words
"Vote for one" or "Vote for up to ..." (any greater number to be elected).

Sec. 29.

Minnesota Statutes 2018, section 204B.45, subdivision 1, is amended to read:


Subdivision 1.

Authorization.

A town of any size deleted text beginnot located in a metropolitan county
as defined by section 473.121,
deleted text end or a city having fewer than 400 registered voters on June 1
of an election year deleted text beginand not located in a metropolitan county as defined by section 473.121,deleted text end
may provide balloting by mail at any municipal, county, or state election with no polling
place other than the office of the auditor or clerk or other locations designated by the auditor
or clerk. The governing body may apply to the county auditor for permission to conduct
balloting by mail. The county board may provide for balloting by mail in unorganized
territory. The governing body of any municipality may designate for mail balloting any
precinct having fewer than 100 registered voters, subject to the approval of the county
auditor.

Voted ballots may be returned in person to any location designated by the county auditor
or municipal clerk.

Sec. 30.

Minnesota Statutes 2018, section 204B.45, subdivision 2, is amended to read:


Subd. 2.

Procedure.

Notice of the election and the special mail procedure must be given
at least ten weeks prior to the election. Not more than 46 days nor later than 14 days before
a regularly scheduled election and not more than 30 days nor later than 14 days before any
other election, the auditor shall mail ballots by nonforwardable mail to all voters registered
in the city, town, or unorganized territory. No later than 14 days before the election, the
auditor must make a subsequent mailing of ballots to those voters who register to vote after
the initial mailing but before the 20th day before the election. Eligible voters not registered
at the time the ballots are mailed may apply for ballots as provided in chapter 203B. Ballot
return envelopes, with return postage provided, must be preaddressed to the auditor or clerk
and the voter may return the ballot by mail or in person to the office of the auditor or clerk.
The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot
return envelopes and mark them "accepted" or "rejected" within three days of receipt if
there are 14 or fewer days before election day, or within five days of receipt if there are
more than 14 days before election day. The board may consist of deputy county auditors or
deputy municipal clerks who have received training in the processing and counting of mail
ballots, who need not be affiliated with a major political party. Election judges performing
the duties in this section must be of different major political parties, unless they are exempt
from that requirement under section 205.075, subdivision 4, or section 205A.10. If an
envelope has been rejected at least five days before the election, the ballots in the envelope
must remain sealed and the auditor or clerk shall provide the voter with a replacement ballot
and return envelope in place of the spoiled ballot. If the ballot is rejected within five days
of the election, the envelope must remain sealed and the official in charge of the ballot board
must attempt to contact the voter by telephone or e-mail to notify the voter that the voter's
ballot has been rejected. The official must document the attempts made to contact the voter.

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

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

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

The costs of the mailing shall be paid by the election jurisdiction in which the voter
deleted text begin residesdeleted text endnew text begin maintains residencenew text end. Any ballot received by 8:00 p.m. on the day of the election
must be counted.

Sec. 31.

Minnesota Statutes 2018, section 204B.46, is amended to read:


204B.46 MAIL ELECTIONS; QUESTIONS.

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

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

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

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

Sec. 32.

Minnesota Statutes 2018, section 204C.05, subdivision 1a, is amended to read:


Subd. 1a.

Elections; organized town.

The governing body of a town with less than 500
inhabitants according to the most recent federal decennial census, which is located outside
the metropolitan area as defined in section 200.02, subdivision 24, may fix a later time for
voting to begin at state primary, special, or general elections, if approved by a vote of the
town electors at the annual town meeting. The question of shorter voting hours must be
included in the notice of the annual town meeting before the question may be submitted to
the electors at the meeting. The later time may not be later than 10:00 a.m. for special,
primary, or general elections. The town clerk shall either post or publish notice of the
changed hours and notify the county auditor new text beginand the secretary of state new text endof the change 30 days
before the election.

Sec. 33.

Minnesota Statutes 2018, section 204C.05, subdivision 1b, is amended to read:


Subd. 1b.

Elections; unorganized territory.

An unorganized territory or unorganized
territories which constitute a voting district may have shorter voting hours if at least 20
percent of the registered voters residing in the voting district sign a petition for shorter hours
and present it to the county auditornew text begin and secretary of state at least 30 days before the electionnew text end.
The later time may not be later than 10:00 a.m. for special, primary, or general elections.
The county auditor shall either post or publish notice of the changed hours, within the voting
district, 30 days before the election.

Sec. 34.

Minnesota Statutes 2018, section 204C.21, subdivision 1, is amended to read:


Subdivision 1.

Method.

The election judges shall take all the ballots of the same kind
and count the votes cast for each office or question, beginning with the first office or question
on the ballot. They shall make one pile of the ballots for each candidate who received votes
for that office, or one pile for the "Yes" votes and one pile for the "No" votes on a question.
They shall make a pile of totally defective ballots and a pile of totally blank ballots. They
shall make a pile of ballots that are not totally defective but are defective with respect to
the office or question being counted and a pile of ballots that are not totally blank but are
blank with respect to the office or question being counted. After the separation into piles,
the election judges shall examine each pile and remove and place in the proper pile any
ballots that are found in the wrong pile. The election judges shall count the totally blank
and totally defective ballots and set them aside until the counting is over for that ballot.new text begin In
conducting the count of blank ballots, election judges may presume that the total count
provided for prepackaged ballots is correct.
new text end The election judges may pile ballots crosswise
in groups of 25 in the same pile to facilitate counting. When their counts agree, the election
judges shall announce the number of ballots in each pile, and shall write the number in the
proper place on the summary statements.

The election judges shall then return all the counted ballots, and all the partially defective
or partially blank ballots, to the original pile to be separated and counted in the same manner
for the next office or question.

Sec. 35.

Minnesota Statutes 2018, section 204C.27, is amended to read:


204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.

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

Sec. 36.

Minnesota Statutes 2018, section 204C.33, subdivision 3, is amended to read:


Subd. 3.

State canvass.

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

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

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

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

new text begin Upon completion of the canvass, the State Canvassing Board shall declare the candidates
duly elected who received the highest number of votes for each federal and state office.
new text endAll
members of the State Canvassing Board shall sign the report and certify its correctness. The
State Canvassing Board shall declare the result within three days after completing the
canvass.

Sec. 37.

Minnesota Statutes 2018, section 204C.35, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Constitutional amendment recount. new text end

new text begin In a state general election when the
difference between the number of "yes" votes cast on ratification of a proposed constitutional
amendment is within one-quarter percent of the number of all other ballots cast at the
election, the canvassing board shall manually recount the votes on that question, including
the number of "yes" or "no" votes on the question, and the number of ballots that did not
cast a vote on the question. The results of the recount must be certified by the canvassing
board as soon as possible.
new text end

Sec. 38.

Minnesota Statutes 2018, section 204C.35, subdivision 3, is amended to read:


Subd. 3.

Scope of recount.

A recount conducted as provided in this section is limited
in scope to the determination of the number of votes validly cast for the officenew text begin or questionnew text end
to be recounted. Only the ballots cast in the election and the summary statements certified
by the election judges may be considered in the recount process. Original ballots that have
been duplicated under section 206.86, subdivision 5, are not within the scope of a recount
and must not be examined except as provided by a court in an election contest under chapter
209.

Sec. 39.

Minnesota Statutes 2018, section 204C.36, subdivision 1, is amended to read:


Subdivision 1.

Publicly funded recounts.

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

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

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

(d) Candidates for county offices shall file a written request for the recount with the
county auditor. Candidates for municipal or school district offices shall file a written request
with the municipal or school district clerk as appropriate. All requests new text beginunder this paragraph
new text end shall be filed deleted text beginbydeleted text endnew text begin between the close of the canvass of a primary or special primary andnew text end 5:00
p.m. on the fifth day after the canvass of a primary or special primary or deleted text beginbydeleted text endnew text begin between the
close of the canvass of a special or general election and
new text end 5:00 p.m. on the seventh day of the
canvass of a special or general election for which a recount is sought.

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

Sec. 40.

Minnesota Statutes 2018, section 204D.08, subdivision 4, is amended to read:


Subd. 4.

State partisan primary ballot; party columns.

The state partisan primary
ballot shall be headed by the words "State Partisan Primary Ballot." The ballot shall be
printed on white paper. There must be at least three vertical columns on the ballot and each
major political party shall have a separate column headed by the words ".......... Party,"
giving the party name. Above the party names, the following statement shall be printed.

"Minnesota Election Law permits you to vote for the candidates of only one political
party in a state partisan primary election."

If there are only two major political parties to be listed on the ballot, one party must
occupy the left-hand column, the other party must occupy the right-hand column, and the
center column must contain the following statement:

"Do not vote for candidates of more than one party."

The names of the candidates seeking the nomination of each major political party shall
be listed in that party's column. If only one individual files an affidavit of candidacy seeking
the nomination of a major political party for an office, the name of that individual shall be
placed on the state partisan primary ballot at the appropriate location in that party's column.

In each column, the candidates for senator in Congress shall be listed first, candidates
for representative in Congress second, candidates for state senator third, candidates for state
representative fourth and then candidates for state office in the order specified by the secretary
of state.new text begin Vacant offices being filled by special election must be listed with other offices of
that type, but after any office of that type for which a candidate will be elected for a full
term.
new text end

The party columns shall be substantially the same in width, type, and appearance. The
columns shall be separated by a 12-point solid line.

Sec. 41.

Minnesota Statutes 2018, section 204D.13, subdivision 1, is amended to read:


Subdivision 1.

Order of offices.

The candidates for partisan offices shall be placed on
the state general election ballot in the following order: senator in Congress shall be first;
representative in Congress, second; state senator, third; and state representative, fourth. The
candidates for state offices shall follow in the order specified by the secretary of state.
Candidates for governor and lieutenant governor shall appear so that a single vote may be
cast for both offices.new text begin Vacant offices being filled by special election must be listed with other
offices of that type, but after any office of that type for which a candidate will be elected
for a full term.
new text end

Sec. 42.

Minnesota Statutes 2018, section 204D.19, subdivision 2, is amended to read:


Subd. 2.

Special election when legislature will be in session.

Except for vacancies in
the legislature which occur at any time between the last day of session in an odd-numbered
year and the deleted text begin40thdeleted text endnew text begin 54thnew text end day prior to the opening day of session in the succeeding
even-numbered year, when a vacancy occurs and the legislature will be in session so that
the individual elected as provided by this section could take office and exercise the duties
of the office immediately upon election, the governor shall issue within five days after the
vacancy occurs a writ calling for a special election. The special election shall be held as
soon as possible, consistent with the notice requirements of section 204D.22, subdivision
3
, but in no event more than deleted text begin35deleted text endnew text begin 49new text end days after the issuance of the writ. deleted text beginA special election
deleted text enddeleted text begin must not be held during the four days before or the four days after a holiday as defined in
deleted text enddeleted text begin section deleted text enddeleted text begin645.44, subdivision 5deleted text enddeleted text begin.
deleted text end

Sec. 43.

Minnesota Statutes 2018, section 204D.195, is amended to read:


204D.195 DATE OF SPECIAL ELECTION; CERTAIN TIMES PROHIBITED.

Notwithstanding any other provision of law, a special primary and special general election
may not be heldnew text begin:
new text end

new text begin (1)new text end for a period beginning the day following the date of the state primary election and
ending the day prior to the date of the state general electionnew text begin; or
new text end

new text begin (2) on a holiday, or during the four days before or after a holiday, as defined in section
645.44, subdivision 5
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to special elections occurring on or after that date.
new text end

Sec. 44.

Minnesota Statutes 2018, section 204D.22, subdivision 3, is amended to read:


Subd. 3.

Notice of special election.

The county auditor of a county in which a special
election is to be held shall direct the clerk of each municipality in which the election is to
be held to post a notice of the special primary and special election at least deleted text beginsevendeleted text endnew text begin 14new text end days
before the special primary and at least deleted text begin14deleted text endnew text begin 21new text end days before the special election in the manner
provided in sections 204B.33 and 204B.34. If the special primary is to be held deleted text begin14deleted text endnew text begin 21new text end days
before the special election, a single notice of both elections may be posted seven days before
the primary.

When the special primary or special election is to be held on the same day as any other
election, notice of the special primary or special election may be included in the notice of
the other election, if practicable.

Sec. 45.

Minnesota Statutes 2018, section 204D.23, subdivision 2, is amended to read:


Subd. 2.

Time of filing.

Except as provided in subdivision 3, the affidavits and petitions
shall be filed no later than deleted text begin14deleted text endnew text begin 21new text end days before the special primary.

Sec. 46.

Minnesota Statutes 2018, section 204D.27, subdivision 5, is amended to read:


Subd. 5.

Canvass; special primary; state canvassing boardnew text begin; contestnew text end.

Not later than
four days after the returns of the county canvassing boards are certified to the secretary of
state, the State Canvassing Board shall complete its canvass of the special primary. The
secretary of state shall then promptly certify to the county auditors the names of the
nominated individuals, prepare notices of nomination, and notify each nominee of the
nomination.new text begin In case of a contest of a special primary for state senator or state representative,
the notice of contest must be filed within two days, excluding Sundays and legal holidays,
after the canvass is completed, and the contest shall otherwise proceed in the manner provided
by law for contesting elections.
new text end

Sec. 47.

Minnesota Statutes 2018, section 204D.28, subdivision 9, is amended to read:


Subd. 9.

Filing by candidates.

The time for filing of affidavits and nominating petitions
for candidates to fill a vacancy at a special election shall open 12 weeks before the special
primary or on the day the secretary of state issues notice of the special election, whichever
occurs later. Filings shall close ten weeks before the special primary.new text begin A candidate filing for
the office of United States senator to fill a vacancy at a special election when both offices
of United States senator are required to be placed on the same ballot must specify on the
affidavit of candidacy the expiration date of the term of the office that the candidate is
seeking.
new text end

Sec. 48.

Minnesota Statutes 2018, section 204D.28, subdivision 10, is amended to read:


Subd. 10.

United States senator; candidates; designation of term.

When the names
of candidates for both offices of United States senator are required to be placed on the same
ballot, the expiration date of the term of each office shall be printed on the ballotnew text begin in the
office heading
new text end opposite the name of each candidate for nomination or election to that office.

Sec. 49.

Minnesota Statutes 2018, section 205.13, subdivision 5, is amended to read:


Subd. 5.

Nominating petition; cities of the first class.

A nominating petition filed on
behalf of a candidate for municipal office in a city of the first class shall be signed by eligible
voters who deleted text beginresidedeleted text endnew text begin maintain residencenew text end in the election district from which the candidate is to
be elected. The number of signers shall be at least 500, or two percent of the total number
of individuals who voted in the municipality, ward, or other election district at the last
preceding municipal general election, whichever is greater.

Sec. 50.

Minnesota Statutes 2018, section 205A.10, subdivision 5, is amended to read:


Subd. 5.

School district canvassing board.

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

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

Sec. 51.

Minnesota Statutes 2018, section 205A.12, subdivision 5, is amended to read:


Subd. 5.

Board elections.

If the proposal for the establishment of election districts is
approved by the voters, the board shall specify the election districts from which vacancies
shall be filled as they occur until such time as each board member represents an election
district. A candidate for school board in a subsequent election must file an affidavit of
candidacy to be elected as a school board member for the election district in which the
candidate deleted text beginresidesdeleted text endnew text begin maintains residencenew text end. If there are as many election districts as there are
members of the board, one and only one member of the board shall be elected from each
election district. In school districts where one or more board members are elected by election
districts, candidates must indicate on the affidavit of candidacy the number of the district
from which they seek election or, if appropriate, that they seek election from one of the
offices elected at large. If the election districts have two or three members each, the terms
of the members must be staggered. Each board member must be a resident of the election
district for which elected but the creation of an election district or a change in election
district boundaries shall not disqualify a board member from serving for the remainder of
a term.

Sec. 52.

Minnesota Statutes 2018, section 206.805, subdivision 1, is amended to read:


Subdivision 1.

Contracts required.

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

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

Sec. 53.

Minnesota Statutes 2018, section 206.89, subdivision 4, is amended to read:


Subd. 4.

Standard of acceptable performance by voting system.

A comparison of the
results compiled by the voting system with the postelection review described in this section
must show that the results of the electronic voting system differed by no more than deleted text beginone-halfdeleted text endnew text begin
one-quarter
new text end of one percent from the manual count of the offices reviewed. Valid votes that
have been marked by the voter outside the vote targets or using a manual marking device
that cannot be read by the voting system must not be included in making the determination
whether the voting system has met the standard of acceptable performance for any precinct.

Sec. 54.

Minnesota Statutes 2018, section 206.89, subdivision 5, is amended to read:


Subd. 5.

Additional review.

(a) If the postelection review in one of the reviewed precincts
reveals a difference greater than deleted text beginone-halfdeleted text endnew text begin one-quarternew text end of one percent, or greater than two
votes in a precinct where deleted text begin400deleted text end new text begin800new text end or fewer voters cast ballots, the postelection review official
must, within two days, conduct an additional review of the races indicated in subdivision
3 in at least three precincts in the same jurisdiction where the discrepancy was discovered.
If all precincts in that jurisdiction have been reviewed, the county auditor must immediately
publicly select by lot at least three additional precincts for review. The postelection review
official must complete the additional review within two days after the precincts are selected
and report the results immediately to the county auditor. If the second review in any of the
reviewed precincts also indicates a difference in the vote totals compiled by the voting
system that is greater than deleted text beginone-halfdeleted text endnew text begin one-quarternew text end of one percent from the result indicated by
the postelection review, or greater than two votes in a precinct where deleted text begin400deleted text end new text begin800new text end or fewer
voters cast ballots, the county auditor must conduct a review of the ballots from all the
remaining precincts in the county for the races indicated in subdivision 3. This review must
be completed and the results must be reported to the secretary of state within one week after
the second review was completed.

(b) If the results from the countywide reviews from one or more counties comprising in
the aggregate more than ten percent of the total number of persons voting in the election
clearly indicate that an error in vote counting has occurred, the secretary of state must notify
the postelection review official of each county in the district that they must conduct manual
recounts of all the ballots in the district for the affected office using the procedure outlined
in section 204C.35. The recount must be completed and the results reported to the appropriate
canvassing board within two weeks after the postelection review official received notice
from the secretary of state.

Sec. 55.

Minnesota Statutes 2018, section 206.90, subdivision 6, is amended to read:


Subd. 6.

Ballots.

In precincts using optical scan voting systems, a single ballot card on
which all ballot information is included must be printed in black ink on white colored
material except that marks not to be read by the automatic tabulating equipment may be
printed in another color ink. In state elections, a single ballot title must be used, as provided
in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. deleted text beginIn odd-numbered years
deleted text end When both municipal and school district offices or questions appear on the ballot, the single
ballot title "City (or Town) and School District Ballot" must be used.

On the front of the ballot must be printed the words "Official Ballot" and the date of the
election and lines for the initials of at least two election judges.

When optical scan ballots are used, the offices to be elected must appear in the following
order: federal offices; state legislative offices; constitutional offices; proposed constitutional
amendments; county offices and questions; municipal offices and questions; school district
offices and questions; special district offices and questions; and judicial offices.

On optical scan ballots, the names of candidates and the words "yes" and "no" for ballot
questions must be printed as close to their corresponding vote targets as possible.

The line on an optical scan ballot for write-in votes must contain the words "write-in,
if any."

If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the instructions
to voters must include a statement that reads substantially as follows: "This ballot card
contains a partisan ballot and a nonpartisan ballot. On the partisan ballot you are permitted
to vote for candidates of one political party only." If a primary ballot contains political party
columns on both sides of the ballot, the instructions to voters must include a statement that
reads substantially as follows: "Additional political parties are printed on the other side of
this ballot. Vote for one political party only." At the bottom of each political party column
on the primary ballot, the ballot must contain a statement that reads substantially as follows:
"Continue voting on the nonpartisan ballot." The instructions in section 204D.08, subdivision
4
, do not apply to optical scan partisan primary ballots. Electronic ballot displays and audio
ballot readers must follow the order of offices and questions on the optical scan or paper
ballot used in the same precinct, or the sample ballot posted for that precinct.

Sec. 56.

Minnesota Statutes 2019 Supplement, section 207A.12, is amended to read:


207A.12 CONDUCTING PRESIDENTIAL NOMINATION PRIMARY.

(a) Except as otherwise provided by law, the presidential nomination primary must be
conducted, and the results canvassed and returned, in the manner provided by law for the
state primary.

(b) An individual seeking to vote at the presidential nomination primary must be
registered to vote pursuant to section 201.054, subdivision 1. The voter must request the
ballot of the party for whose candidate the individual wishes to vote. Notwithstanding section
204C.18, subdivision 1, the election judge must record in the polling place roster the name
of the political party whose ballot the voter requested. When posting voter history pursuant
to section 201.171, the county auditor must include the name of the political party whose
ballot the voter requested. The political party ballot selected by a voter is private data on
individuals as defined under section 13.02, subdivision 12, except as provided in section
201.091, subdivision 4a.new text begin A voter eligible to cast a ballot as provided in section 5B.06 must
be permitted to cast a ballot at the presidential nomination primary consistent with the
requirements of that section.
new text end

(c) Immediately after the state canvassing board declares the results of the presidential
nomination primary, the secretary of state must notify the chair of each party of the results.

(d) The results of the presidential nomination primary must bind the election of delegates
in each party.

Sec. 57.

Minnesota Statutes 2018, section 207A.13, is amended to read:


207A.13 FORM OF BALLOTS; CANDIDATES ON BALLOT.

Subdivision 1.

Form.

(a) Except as provided by law, presidential nomination primary
ballots shall be printed in the same manner as state primary ballots as far as practicable. A
sufficient number of each ballot shall be printed for each precinct and ward in the state.

(b) There must be separate ballots for the names of the candidates of each new text beginparticipating
new text end political party. Each ballot must be headed by the words "Presidential Nomination Primary
Ballot." The heading must also indicate the party that appears on the ballot.

(c) If requested by a party chair, the ballot for that new text beginparticipating new text endparty must contain a
place for a voter to indicate a preference for having delegates to the party's national
convention remain uncommitted. If requested by a party chair, the ballot for that new text beginparticipating
new text end party must contain a blank line printed below the other choices on the ballot so that a voter
may write in the name of a person who is not listed on the ballot. A request under this
paragraph must be submitted to the secretary of state no later than 63 days before the
presidential nomination primary.

Subd. 2.

Candidates on the ballot.

(a) Each party new text beginparticipating in the presidential
nomination party
new text endmust determine which candidates are to be placed on the presidential
nomination primary ballot for that party. The chair of each new text beginparticipating new text endparty must submit
to the secretary of state the names of the candidates to appear on the ballot for that party no
later than 63 days before the presidential nomination primary. Once submitted, changes
must not be made to the candidates that will appear on the ballot.

(b) No later than the seventh day before the presidential nomination primary, the chair
of each new text beginparticipating new text endparty must submit to the secretary of state the names of write-in
candidates, if any, to be counted for that party.

Sec. 58.

Minnesota Statutes 2018, section 207A.14, subdivision 3, is amended to read:


Subd. 3.

Notice of primary to public.

At least 15 days before the date of the presidential
nomination primary, each municipal clerk shall post a public notice stating the date of the
presidential nomination primary, the location of each polling place in the municipality, the
hours during which the polling places in the municipality will be open, and information
about the requirements of section 207A.12, paragraph (b)deleted text begin, including a notice that the voter's
choice of a political party's ballot will be recorded and is public information
deleted text end. The county
auditor shall post a similar notice in the auditor's office with information for any polling
places in unorganized territory in the county. The governing body of a municipality or
county may publish the notice in addition to posting it. Failure to give notice does not
invalidate the election.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 59.

Minnesota Statutes 2018, section 208.03, is amended to read:


208.03 NOMINATION OF PRESIDENTIAL ELECTORS AND ALTERNATES.

Presidential electors and alternates for the major political parties of this state shall be
nominated by delegate conventions called and held under the supervision of the respective
state central committees of the parties of this state. At least deleted text begin71deleted text endnew text begin 67new text end days before the general
election day the chair of the major political party shall certify to the secretary of state the
names of the persons nominated as presidential electors, the names of persons nominated
as alternate presidential electors, and the names of the party candidates for president and
vice president. The chair shall also certify that the party candidates for president and vice
president have no affidavit on file as a candidate for any office in this state at the ensuing
general election.

Sec. 60.

Minnesota Statutes 2018, section 209.021, subdivision 2, is amended to read:


Subd. 2.

Notice filed with court.

If the contest relates to a nomination or election for
statewide office, the contestant shall file the notice of contest with the court administrator
of District Court in Ramsey County. For contests relating to any other office, the contestant
shall file the notice of contest with the court administrator of district court in the county
where the contestee deleted text beginresidesdeleted text endnew text begin maintains residencenew text end.

If the contest relates to a constitutional amendment, the contestant shall file the notice
of contest with the court administrator of District Court in Ramsey County. If the contest
relates to any other question, the contestant shall file the notice of contest with the court
administrator of district court for the county or any one of the counties where the question
appeared on the ballot.

Sec. 61.

Minnesota Statutes 2018, section 211B.11, subdivision 1, is amended to read:


Subdivision 1.

Soliciting near polling places.

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

Nothing in this subdivision prohibits the distribution of "I VOTED" stickers as provided
in section 204B.49.

Sec. 62.

Minnesota Statutes 2018, section 367.03, subdivision 6, is amended to read:


Subd. 6.

Vacancies.

(a) When a vacancy occurs in a town office, the town board shall
fill the vacancy by appointment. Except as provided in paragraph (b), the person appointed
shall hold office until the next annual town election, when a successor shall be elected for
the unexpired term.

(b) When a vacancy occurs in a town office:

(1) with more than one year remaining in the term; and

(2) on or after the 14th day before the first day to file an affidavit of candidacy for the
town election;

the vacancy must be filled by appointment. The person appointed serves until the next annual
town election following the election for which affidavits of candidacy are to be filed, when
a successor shall be elected for the unexpired term.

(c) A vacancy in the office of supervisor must be filled by an appointment committee
comprised of the remaining supervisors and the town clerk.

(d) Any person appointed to fill the vacancy in the office of supervisor must, upon
assuming the office, be an eligible voter, be 21 years of age, and have deleted text beginresideddeleted text endnew text begin maintained
residence
new text end in the town for at least 30 days.

(e) When, because of a vacancy, more than one supervisor is to be chosen at the same
election, candidates for the offices of supervisor shall file for one of the specific terms being
filled.

(f) When, for any reason, the town board or the appointment committee fails to fill a
vacancy in the position of an elected town officer by appointment, a special election may
be called. To call a special election, the supervisors and town clerk, or any two of them
together with at least 12 other town freeholders, must file a statement in the town clerk's
office. The statement must tell why the election is called and that the interests of the town
require the election. When the town board or the appointment committee fails to fill a
vacancy by appointment, a special town election may also be called on petition of 20 percent
of the electors of the town. The percentage is of the number of voters at the last general
election. A special town election must be conducted in the manner required for the annual
town election.

(g) Law enforcement vacancies must be filled by appointment by the town board.

Sec. 63.

Minnesota Statutes 2018, section 367.25, subdivision 1, is amended to read:


Subdivision 1.

Requirement, fee.

Every person elected at a March electionnew text begin, elected at
a special election,
new text end or appointed to a town office, within ten days after receiving a certificate
or notice of election or appointment, shall take and subscribe the oath required by law.
Persons elected at a November election shall take their oath before assuming office. If taken
before the town clerk, the oath shall be administered and certified without fee.

Sec. 64.

Minnesota Statutes 2018, section 412.02, subdivision 2a, is amended to read:


Subd. 2a.

Vacancy.

Except as otherwise provided in subdivision 2b, a vacancy in an
office shall be filled by council appointment until an election is held as provided in this
subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If
the vacancy occurs before the first day to file affidavits of candidacy for the next regular
city election and more than two years remain in the unexpired term, a special election shall
be held at or before the next regular city election and the appointed person shall serve until
the qualification of a successor elected at a special election to fill the unexpired portion of
the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for
the regular city election or when less than two years remain in the unexpired term, there
need not be a special election to fill the vacancy and the appointed person shall serve until
the qualification of a successor. The council must specify by ordinance under what
circumstances it will hold a special election to fill a vacancy other than a special election
held at the same time as the regular city election.

new text begin All of the provisions of the Minnesota Election Law are applicable to special elections
as far as practicable.
new text end

Sec. 65.

Minnesota Statutes 2018, section 447.32, subdivision 4, is amended to read:


Subd. 4.

Candidates; ballots; certifying election.

A person who wants to be a candidate
for the hospital board shall file an affidavit of candidacy for the election either as member
at large or as a member representing the city or town where the candidate deleted text beginresidesdeleted text endnew text begin maintains
residence
new text end. The affidavit of candidacy must be filed with the city or town clerk not more
than 98 days nor less than 84 days before the first Tuesday after the first Monday in
November of the year in which the general election is held. The city or town clerk must
forward the affidavits of candidacy to the clerk of the hospital district or, for the first election,
the clerk of the most populous city or town immediately after the last day of the filing period.
A candidate may withdraw from the election by filing an affidavit of withdrawal with the
clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of
candidacy.

Voting must be by secret ballot. The clerk shall prepare, at the expense of the district,
necessary ballots for the election of officers. Ballots must be prepared as provided in the
rules of the secretary of state. The ballots must be marked and initialed by at least two judges
as official ballots and used exclusively at the election. Any proposition to be voted on may
be printed on the ballot provided for the election of officers. The hospital board may also
authorize the use of voting systems subject to chapter 206. Enough election judges may be
appointed to receive the votes at each polling place. The election judges shall act as clerks
of election, count the ballots cast, and submit them to the board for canvass.

After canvassing the election, the board shall issue a certificate of election to the candidate
who received the largest number of votes cast for each office. The clerk shall deliver the
certificate to the person entitled to it in person or by certified mail. Each person certified
shall file an acceptance and oath of office in writing with the clerk within 30 days after the
date of delivery or mailing of the certificate. The board may fill any office as provided in
subdivision 1 if the person elected fails to qualify within 30 days, but qualification is effective
if made before the board acts to fill the vacancy.

Sec. 66.

Laws 2017, First Special Session chapter 4, article 1, section 6, subdivision 5, is
amended to read:


Subd. 5.

Elections

10,580,000
3,909,000

Of these amounts, $7,000,000 the first year is
for election equipment grants under Minnesota
Statutes, section 206.95. This appropriation is
available until June 30, deleted text begin2020deleted text endnew text begin 2021new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end