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SF 455

CCR--SF0455 - 89th Legislature (2015 - 2016)

Posted on 05/17/2015 03:17 p.m.

KEY: stricken = removed, old language.
underscored = added, new language.
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1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 455 1.2A bill for an act 1.3relating to elections; modifying various provisions related to election 1.4administration, including provisions related to school districts, voters, ballots, 1.5candidates, political party designation, military and overseas voting, and other 1.6election-related provisions; establishing the Elections Emergency Planning 1.7Task Force; enacting the Uniform Faithful Presidential Electors Act; amending 1.8voter registration procedures; restoring right to vote upon release from 1.9incarceration for a felony offense; providing for early voting; requiring use of 1.10actual address for redistricting purposes; making conforming changes; making 1.11technical changes; appropriating money;amending Minnesota Statutes 2014, 1.12sections 13.607, by adding a subdivision; 103C.311, subdivision 2; 123B.09, 1.13subdivision 1, by adding a subdivision; 200.02, subdivisions 7, 23, by adding 1.14subdivisions; 201.014, by adding a subdivision; 201.022, subdivision 1; 201.054, 1.15subdivisions 1, 2; 201.061, by adding a subdivision; 201.071, subdivision 1.161; 201.091, subdivision 4; 201.12, subdivisions 2, 3; 201.13, subdivision 3; 1.17201.14; 201.157; 201.158; 201.161; 203B.001; 203B.01, subdivision 3, by 1.18adding a subdivision; 203B.03, subdivision 1; 203B.05, subdivision 1; 203B.07, 1.19subdivision 1; 203B.08, subdivisions 1, 3; 203B.081; 203B.085; 203B.121, 1.20subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 203B.16, subdivisions 1, 1.212; 203B.17, subdivisions 1, 2; 204B.06, subdivision 1b; 204B.07, subdivision 1.222; 204B.145; 204B.19, subdivisions 2, 6; 204B.28, subdivision 2; 204B.36, 1.23subdivisions 1, 2, 3, 4; 204B.45, subdivisions 1, 2; 204C.04, subdivision 2; 1.24204C.08, subdivision 1d; 204C.10; 204C.13, subdivisions 2, 3, 5; 204C.15, 1.25subdivision 1; 204C.22, subdivisions 3, 4, 7, 10; 204C.35, subdivisions 1, 2; 1.26204C.36, subdivisions 1, 2; 204C.40, subdivision 2; 204D.11, subdivision 4; 1.27204D.27, subdivision 11; 205.13, subdivision 3; 205.84, subdivision 1; 206.82, 1.28subdivision 1; 206.83; 206.90, subdivision 6; 208.02; 208.03; 208.06; 209.01, 1.29subdivision 2; 209.021, subdivisions 2, 3; 209.09, subdivision 2; 365.22, 1.30subdivisions 2, 3; 367.31, subdivision 4; 368.85, subdivision 4; 375.025, 1.31subdivision 1; 375A.09, subdivision 4; 376.04; 383B.68, subdivision 4; 412.551, 1.32subdivision 2; 473.123, subdivision 3a; 609.165, subdivision 1; proposing coding 1.33for new law in Minnesota Statutes, chapters 123B; 201; 203B; 208; 241; 243; 1.34repealing Minnesota Statutes 2014, sections 123B.09, subdivision 5; 201.155; 1.35201.275; 204B.14, subdivision 6; 204C.13, subdivision 4; 204C.30, subdivision 1.361; 208.07; 208.08; 383A.555. 1.37May 17, 2015 1.38The Honorable Sandra L. Pappas 1.39President of the Senate 1.40The Honorable Kurt L. Daudt 2.1Speaker of the House of Representatives 2.2We, the undersigned conferees for S.F. No. 455 report that we have agreed upon the 2.3items in dispute and recommend as follows: 2.4That the House recede from its amendments and that S.F. No. 455 be further 2.5amended as follows: 2.6Delete everything after the enacting clause and insert: 2.7"ARTICLE 1 2.8ELECTION ADMINISTRATION 2.9    Section 1. Minnesota Statutes 2014, section 123B.09, subdivision 1, is amended to read: 2.10    Subdivision 1. School board membership. The care, management, and control of 2.11independent districts is vested in a board of directors, to be known as the school board. 2.12The term of office of a member shall be four years commencing on the first Monday in 2.13January and until a successor qualifies. The membership of the board shall consist of six 2.14elected directors together with such ex officio member as may be provided by law. The 2.15board may submit to the electors at any school election the question whether the board 2.16shall consist of seven members. If a majority of those voting on the proposition favor a 2.17seven-member board, a seventh member shall be elected at the next election of directors 2.18for a four-year term and thereafter the board shall consist of seven members. 2.19Those districts with a seven-member board may submit to the electors at any school 2.20election at least 150 days before the next election of three members of the board the 2.21question whether the board shall consist of six members. If a majority of those voting on 2.22the proposition favor a six-member board instead of a seven-member board, twonew text begin three new text end 2.23members instead of threenew text begin fournew text end members shall be elected at the next election of the board of 2.24directors and thereafter the board shall consist of six members. 2.25    Sec. 2. Minnesota Statutes 2014, section 123B.09, is amended by adding a subdivision 2.26to read: 2.27    new text begin Subd. 5a.new text end new text begin Vacancies.new text end new text begin A vacancy other than a vacancy described in subdivision 4 new text end 2.28new text begin must be filled pursuant to section 123B.095.new text end 2.29    Sec. 3. new text begin [123B.095] VACANCY IN OFFICE OF SCHOOL BOARD MEMBER.new text end 2.30    new text begin Subdivision 1.new text end new text begin Option for filling vacancies; special election.new text end new text begin (a) Except as new text end 2.31new text begin provided in section 123B.09, subdivision 4, a vacancy in the office of school board may be new text end 2.32new text begin filled as provided in this subdivision and subdivision 2, or as provided in subdivision 3. If new text end 2.33new text begin the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a new text end 3.1new text begin special election. The school board may by resolution call for a special election to be held new text end 3.2new text begin according to the earliest of the following time schedules:new text end 3.3new text begin (1) not less than 120 days following the date the vacancy is declared, but no later new text end 3.4new text begin than 12 weeks prior to the date of the next regularly scheduled primary election;new text end 3.5new text begin (2) concurrently with the next regularly scheduled primary election and general new text end 3.6new text begin election; ornew text end 3.7new text begin (3) no sooner than 120 days following the next regularly scheduled general election.new text end 3.8new text begin (b) The person elected at the special election shall take office immediately after new text end 3.9new text begin receipt of the certificate of election and upon filing the bond and taking the oath of office new text end 3.10new text begin and shall serve the remainder of the unexpired term.new text end 3.11    new text begin Subd. 2.new text end new text begin When victor seated immediately.new text end new text begin If a vacancy for which a special new text end 3.12new text begin election is required occurs less than 120 days before the general election preceding the new text end 3.13new text begin end of the term, the vacancy shall be filled by the person elected at that election for the new text end 3.14new text begin ensuing term who shall take office immediately after receiving the certificate of election, new text end 3.15new text begin filing the bond and taking the oath of office.new text end 3.16    new text begin Subd. 3.new text end new text begin Vacancies of less than one year; appointment option.new text end new text begin Except as provided new text end 3.17new text begin in section 123B.09, subdivision 4, and as an alternative to the procedure provided in new text end 3.18new text begin subdivisions 1 and 2, any other vacancy in the office of school board member may be new text end 3.19new text begin filled by board appointment at a regular or special meeting. The appointment shall be new text end 3.20new text begin evidenced by a resolution entered in the minutes and shall continue until an election is new text end 3.21new text begin held under this subdivision. All elections to fill vacancies shall be for the unexpired term. new text end 3.22new text begin If one year or more remains in the unexpired term, a special election must be held under new text end 3.23new text begin subdivision 1. If less than one year remains in the unexpired term, the school board may new text end 3.24new text begin appoint a person to fill the vacancy for the remainder of the unexpired term, unless the new text end 3.25new text begin vacancy occurs within 90 days of the next school district general election, in which case new text end 3.26new text begin an appointment shall not be made and the vacancy must be filled at the general election. new text end 3.27new text begin The person elected to fill a vacancy at the general election takes office immediately in the new text end 3.28new text begin same manner as for a special election under subdivision 1, and serves the remainder of the new text end 3.29new text begin unexpired term and the new term for which the election was otherwise held.new text end 3.30    new text begin Subd. 4.new text end new text begin School board vacancy appointment; public hearing.new text end new text begin Before making an new text end 3.31new text begin appointment to fill a vacancy under subdivision 3, the school board must hold a public new text end 3.32new text begin hearing not more than 30 days after the vacancy occurs with public notice given in the new text end 3.33new text begin same manner as for a special meeting of the school board. At the public hearing, the board new text end 3.34new text begin must invite public testimony from persons residing in the district in which the vacancy new text end 3.35new text begin occurs relating to the qualifications of prospective appointees to fill the vacancy. Before new text end 3.36new text begin making an appointment, the board also must notify public officials in the school district new text end 4.1new text begin on the appointment, including county commissioners, town supervisors, and city council new text end 4.2new text begin members, and must enter into the record at the board meeting in which the appointment is new text end 4.3new text begin made the names and addresses of the public officials notified. If, after the public hearing, new text end 4.4new text begin the board is unable or decides not to make an appointment under subdivision 3, it must new text end 4.5new text begin hold a special election under subdivision 1, but the time period in which the election must new text end 4.6new text begin be held begins to run from the date of the public hearing.new text end 4.7    Sec. 4. Minnesota Statutes 2014, section 200.02, subdivision 7, is amended to read: 4.8    Subd. 7. Major political party. (a) "Major political party" means a political party 4.9that maintains a party organization in the state, political division or precinct in question 4.10and that has presented at least one candidate for election to the office of: 4.11(1) governor and lieutenant governor, secretary of state, state auditor, or attorney 4.12general at the last preceding state general election for those offices; or 4.13(2) presidential elector or U.S. senator at the last preceding state general election for 4.14presidential electors; and 4.15whose candidate received votes in each county in that election and received votes 4.16from not less than five percent of the total number of individuals who voted in that election. 4.17(b) "Major political party" also means a political party that maintains a party 4.18organization in the state, political subdivision, or precinct in question and that has 4.19presented at least 45 candidates for election to the office of state representative, 23 4.20candidates for election to the office of state senator, four candidates for election to 4.21the office of representative in Congress, and one candidate for election to each of the 4.22following offices: governor and lieutenant governor, attorney general, secretary of state, 4.23and state auditor, at the last preceding state general election for those offices. 4.24(c) "Major political party" also means a political party that maintains a party 4.25organization in the state, political subdivision, or precinct in question and whose members 4.26present to the secretary of state at any time before the close of filing for the state partisan 4.27primary ballot a petition for a place on the state partisan primary ballot, which petition 4.28contains new text begin valid new text end signatures of a number of the party members equal to at least five percent 4.29of the total number of individuals who voted in the preceding state general election.new text begin A new text end 4.30new text begin signature is valid only if signed no more than one year prior to the date the petition was filed.new text end 4.31(d) A political party whose candidate receives a sufficient number of votes at a state 4.32general election described in paragraph (a) or a political party that presents candidates at 4.33an election as required by paragraph (b) becomes a major political party as of January 4.341 following that election and retains its major party status for at least two state general 4.35elections even if the party fails to present a candidate who receives the number and 5.1percentage of votes required under paragraph (a) or fails to present candidates as required 5.2by paragraph (b) at subsequent state general elections. 5.3(e) A major political party whose candidates fail to receive the number and 5.4percentage of votes required under paragraph (a) and that fails to present candidates as 5.5required by paragraph (b) at each of two consecutive state general elections described by 5.6paragraph (a) or (b), respectively, loses major party status as of December 31 following 5.7the later of the two consecutive state general elections. 5.8    Sec. 5. Minnesota Statutes 2014, section 200.02, subdivision 23, is amended to read: 5.9    Subd. 23. Minor political party. (a) "Minor political party" means a political party 5.10that has adopted a state constitution, designated a state party chair, held a state convention 5.11in the last two years, filed with the secretary of state no later than December 31 following 5.12the most recent state general election a certification that the party has met the foregoing 5.13requirements, and met the requirements of paragraph (b) or (e), as applicable. 5.14(b) To be considered a minor party in all elections statewide, the political party must 5.15have presented at least one candidate for election to the office of: 5.16(1) governor and lieutenant governor, secretary of state, state auditor, or attorney 5.17general, at the last preceding state general election for those offices; or 5.18(2) presidential elector or U.S. senator at the preceding state general election for 5.19presidential electors; and 5.20new text begin (3) new text end who received votes in each county that in the aggregate equal at least one percent 5.21of the total number of individuals who voted in the election, or its members must have 5.22presented to the secretary of state at any time before the close of filing for the state 5.23partisan primary ballot a nominating petition in a form prescribed by the secretary of state 5.24containing the new text begin valid new text end signatures of party members in a number equal to at least one percent 5.25of the total number of individuals who voted in the preceding state general election.new text begin A new text end 5.26new text begin signature is valid only if signed no more than one year prior to the date the petition was filed.new text end 5.27(c) A political party whose candidate receives a sufficient number of votes at a 5.28state general election described in paragraph (b) becomes a minor political party as of 5.29January 1 following that election and retains its minor party status for at least two state 5.30general elections even if the party fails to present a candidate who receives the number 5.31and percentage of votes required under paragraph (b) at subsequent state general elections. 5.32(d) A minor political party whose candidates fail to receive the number and 5.33percentage of votes required under paragraph (b) at each of two consecutive state general 5.34elections described by paragraph (b) loses minor party status as of December 31 following 5.35the later of the two consecutive state general elections. 6.1(e) A minor party that qualifies to be a major party loses its status as a minor party 6.2at the time it becomes a major party. Votes received by the candidates of a major party 6.3must be counted in determining whether the party received sufficient votes to qualify as a 6.4minor party, notwithstanding that the party does not receive sufficient votes to retain its 6.5major party status. To be considered a minor party in an election in a legislative district, 6.6the political party must have presented at least one candidate for a legislative office in that 6.7district who received votes from at least ten percent of the total number of individuals 6.8who voted for that office, or its members must have presented to the secretary of state a 6.9nominating petition in a form prescribed by the secretary of state containing the new text begin valid new text end 6.10signatures of party members in a number equal to at least ten percent of the total number of 6.11individuals who voted in the preceding state general election for that legislative office.new text begin A new text end 6.12new text begin signature is valid only if signed no more than one year prior to the date the petition was filed.new text end 6.13    Sec. 6. Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision 6.14to read: 6.15    new text begin Subd. 27.new text end new text begin Partisan offices.new text end new text begin "Partisan offices" means federal offices, presidential new text end 6.16new text begin electors, constitutional offices, and legislative offices.new text end 6.17    Sec. 7. Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision 6.18to read: 6.19    new text begin Subd. 28.new text end new text begin Nonpartisan offices.new text end new text begin "Nonpartisan offices" means all judicial, county, new text end 6.20new text begin municipal, school district, and special district offices.new text end 6.21    Sec. 8. Minnesota Statutes 2014, section 201.071, subdivision 1, is amended to read: 6.22    Subdivision 1. Form. Both paper and electronic voter registration applications must 6.23contain the same information unless otherwise provided by law. A voter registration 6.24application must contain spaces for the following required information: voter's first name, 6.25middle name, and last name; voter's previous name, if any; voter's current address; voter's 6.26previous address, if any; voter's date of birth; voter's municipality and county of residence; 6.27voter's telephone number, if provided by the voter; date of registration; current and valid 6.28Minnesota driver's license number or Minnesota state identification number, or if the voter 6.29has no current and valid Minnesota driver's license or Minnesota state identification, the 6.30last four digits of the voter's Social Security number; and voter's signature. The paper 6.31registration application may include the voter's e-mail address, if provided by the voter. 6.32The electronic voter registration application must include the voter's e-mail address. The 6.33registration application may include the voter's interest in serving as an election judge, 7.1if indicated by the voter. The application must also contain the following certification 7.2of voter eligibility: 7.3"I certify that I: 7.4(1) will be at least 18 years old on election day; 7.5(2) am a citizen of the United States; 7.6(3) will have resided in Minnesota for 20 days immediately preceding election day; 7.7(4) maintain residence at the address given on the registration form; 7.8(5) am not under court-ordered guardianship in which the court order revokes my 7.9right to vote; 7.10(6) have not been found by a court to be legally incompetent to vote; 7.11(7) have the right to vote because, if I have been convicted of a felony, my felony 7.12sentence has expired (been completed) or I have been discharged from my sentence; and 7.13(8) have read and understand the following statement: that giving false information 7.14is a felony punishable by not more than five years imprisonment or a fine of not more 7.15than $10,000, or both." 7.16The certification must include boxes for the voter to respond to the following 7.17questions: 7.18"(1) Are you a citizen of the United States?" and 7.19"(2) Will you be 18 years old on or before election day?" 7.20And the instruction: 7.21"If you checked 'no' to either of these questions, do not complete this form." 7.22A paper voter registration application must be of suitable size and weight for 7.23mailing. The form of the voter registration application and the certification of voter 7.24eligibility must be as provided in this subdivision and approved by the secretary of state. 7.25Voter registration forms authorized by the National Voter Registration Act must also be 7.26accepted as valid. The federal postcard application form must also be accepted as valid if 7.27it is not deficient and the voter is eligible to register in Minnesota. 7.28An individual may use a voter registration application to apply to register to vote in 7.29Minnesota or to change information on an existing registration. 7.30    Sec. 9. Minnesota Statutes 2014, section 201.158, is amended to read: 7.31201.158 USE OF DEPARTMENT OF PUBLIC SAFETY DATA. 7.32As required by the Help America Vote Act of 2002, Public Law 107-252, the 7.33commissioner of public safety shall make electronic data on citizenship available to the 7.34secretary of state. The secretary of state must determine whether the data newly indicates 7.35that any individuals who have active records in the statewide voter registration system 8.1are not citizens. The secretary of state shall prepare a list of those voters for each county 8.2auditornew text begin at least monthlynew text end . The county auditor shall change the status of those registrants in 8.3the statewide voter registration system to reflect that they are challenged based upon their 8.4citizenship and must notify the county attorney. 8.5In 2010, the secretary of state must make the determination and provide lists 8.6to the county auditors between 30 and 60 days before the general election and again 8.7between six and ten weeks after the election. In 2011, the secretary of state must make 8.8this determination again as part of the annual list maintenance. By August 1, 2012, the 8.9secretary of state must provide electronic lists to the counties at least monthly. 8.10    Sec. 10. Minnesota Statutes 2014, section 201.275, is amended to read: 8.11201.275 INVESTIGATIONS; PROSECUTIONS. 8.12new text begin (a) new text end A law enforcement agency that is notified by affidavit of an alleged violation of 8.13this chapter shall promptly investigate. Upon receiving an affidavit alleging a violation 8.14of this chapter, a county attorney shall promptly forward it to a law enforcement agency 8.15with jurisdiction for investigation. If there is probable cause for instituting a prosecution, 8.16the county attorney shall proceed by complaint or present the charge, with whatever 8.17evidence has been found, to the grand jurynew text begin according to the generally applicable standards new text end 8.18new text begin regarding the prosecutorial functions and duties of a county attorney, provided that new text end 8.19new text begin the county attorney is not required to proceed with the prosecution if the complainant new text end 8.20new text begin withdraws the allegationnew text end . A county attorney who refuses or intentionally fails to faithfully 8.21perform this or any other duty imposed by this chapter is guilty of a misdemeanor and 8.22upon conviction shall forfeit office. The county attorney, under the penalty of forfeiture of 8.23office, shall prosecute all violations of this chapter except violations of this section; if, 8.24however, a complainant withdraws an allegation under this chapter, the county attorney is 8.25not required to proceed with the prosecution. 8.26new text begin (b) Willful violation of this chapter by any public employee constitutes just cause for new text end 8.27new text begin suspension without pay or dismissal of the public employee.new text end 8.28new text begin (c) new text end Where the matter relates to a voter registration application submitted 8.29electronically through the secure Web site established in section 201.061, subdivision 1, 8.30alleged violations of this chapter may be investigated and prosecuted in the county in 8.31which the individual registered or attempted to register. 8.32new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 8.33    Sec. 11. Minnesota Statutes 2014, section 203B.01, subdivision 3, is amended to read: 9.1    Subd. 3. Military. "Military" means the Army, Navy, Air Force, Marine Corps, 9.2Coast Guard or Merchant Marine of the United States, and all other uniformed services as 9.3defined in United States Code, title 42, section 1973ff-6new text begin 52, section 20310, and military new text end 9.4new text begin forces as defined by section 190.05, subdivision 3new text end . 9.5    Sec. 12. Minnesota Statutes 2014, section 203B.07, subdivision 1, is amended to read: 9.6    Subdivision 1. Delivery of envelopes, directions. The county auditor or the 9.7municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and 9.8a copy of the directions for casting an absentee ballot to each applicant whose application 9.9for absentee ballots is accepted pursuant to section 203B.04. The county auditor or 9.10municipal clerk shall provide first class postage for the return envelope. The directions 9.11for casting an absentee ballot shall be printed in at least 14-point bold type with heavy 9.12leading and may be printed on the ballot envelope. When a person requests the directions 9.13in Braille or on cassette tapenew text begin audio filenew text end , the county auditor or municipal clerk shall provide 9.14them in the form requested. The secretary of state shall prepare Braille and cassettenew text begin audio new text end 9.15new text begin filenew text end copies and make them available. 9.16    When a voter registration application is sent to the applicant as provided in section 9.17203B.06, subdivision 4 , the directions or registration application shall include instructions 9.18for registering to vote. 9.19    Sec. 13. Minnesota Statutes 2014, section 203B.08, subdivision 1, is amended to read: 9.20    Subdivision 1. Marking and return by voter. An eligible voter who receives 9.21absentee ballots as provided in this chapter shall mark them in the manner specified in the 9.22directions for casting the absentee ballots. The return envelope containing marked ballots 9.23may be mailed as provided in the directions for casting the absentee ballots or may be 9.24left with the county auditor or municipal clerk who transmitted the absentee ballots to the 9.25voter. If delivered in person by an agent, the return envelope must be submitted to the 9.26county auditor or municipal clerk by 3:00 p.m. on election day. 9.27The voter may designate an agent to deliver in person the sealed absentee ballot 9.28return envelope to the county auditor or municipal clerk or to deposit the return envelope 9.29in the mail. An agent may deliver or mail the return envelopes of not more than three 9.30voters in any election. Any person designated as an agent who tampers with either the 9.31return envelope or the voted ballots or does not immediately mail or deliver the return 9.32envelope to the county auditor or municipal clerk is guilty of a misdemeanor. 9.33    Sec. 14. Minnesota Statutes 2014, section 203B.08, subdivision 3, is amended to read: 10.1    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a 10.2county auditor or municipal clerk, that official shall stamp or initial and date the return 10.3envelope and place it in a secure location with other return envelopes received by that 10.4office. Within five days after receipt, the county auditor or municipal clerk shall deliver to 10.5the ballot board all ballots received, except that during the 14 days immediately preceding 10.6an election, the county auditor or municipal clerk shall deliver all ballots received to the 10.7ballot board within three days. Ballots received on election day either (1) after 3:00 p.m., 10.8if delivered by an agentnew text begin in personnew text end ; or (2) after the last mail delivery new text begin 8 p.m.new text end , if delivered by 10.9another methodnew text begin mail or a package delivery servicenew text end , shall be marked as received late by the 10.10county auditor or municipal clerk, and must not be delivered to the ballot board. 10.11    Sec. 15. Minnesota Statutes 2014, section 203B.121, subdivision 2, is amended to read: 10.12    Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot 10.13board shall take possession of all return envelopes delivered to them in accordance with 10.14section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district 10.15clerk, two or more members of the ballot board shall examine each return envelope and 10.16shall mark it accepted or rejected in the manner provided in this subdivision. Election 10.17judges performing the duties in this section must be of different major political parties, 10.18unless they are exempt from that requirement under section 205.075, subdivision 4, or 10.19section 205A.10, subdivision 2. 10.20(b) The members of the ballot board shall mark the return envelope "Accepted" and 10.21initial or sign the return envelope below the word "Accepted" if a majority of the members 10.22of the ballot board examining the envelope are satisfied that: 10.23(1) the voter's name and address on the return envelope are the same as the 10.24information provided on the absentee ballot application; 10.25(2) the voter signed the certification on the envelope; 10.26(3) the voter's Minnesota driver's license, state identification number, or the last four 10.27digits of the voter's Social Security number are the same as thenew text begin anew text end number provided on the 10.28voter's new text begin absentee ballot new text end application for ballotsnew text begin or voter recordnew text end . If the number does not 10.29match the number as submitted on the application, or if a number was not submitted on 10.30the application, the election judges must compare the signature provided by the applicant 10.31to determine whether the ballots were returned by the same person to whom they were 10.32transmitted; 10.33(4) the voter is registered and eligible to vote in the precinct or has included a 10.34properly completed voter registration application in the return envelope; 11.1(5) the certificate has been completed as prescribed in the directions for casting an 11.2absentee ballot; and 11.3(6) the voter has not already voted at that election, either in person or, if it is after the 11.4close of business on the seventh day before the election, by absentee ballot. 11.5The return envelope from accepted ballots must be preserved and returned to the 11.6county auditor. 11.7(c)(1) If a majority of the members of the ballot board examining a return envelope 11.8find that an absentee voter has failed to meet one of the requirements provided in 11.9paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the 11.10word "Rejected," list the reason for the rejection on the envelope, and return it to the 11.11county auditor. There is no other reason for rejecting an absentee ballot beyond those 11.12permitted by this section. Failure to place the ballot within the security envelope before 11.13placing it in the outer white envelope is not a reason to reject an absentee ballot. 11.14(2) If an envelope has been rejected at least five days before the election, the 11.15envelope must remain sealed and the official in charge of the ballot board shall provide the 11.16voter with a replacement absentee ballot and return envelope in place of the rejected ballot. 11.17(3) If an envelope is rejected within five days of the election, the envelope must 11.18remain sealed and the official in charge of the ballot board must attempt to contact the 11.19voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected. 11.20The official must document the attempts made to contact the voter. 11.21(d) The official in charge of the absentee ballot board must mail the voter a written 11.22notice of absentee ballot rejection between six and ten weeks following the election. If the 11.23official determines that the voter has otherwise cast a ballot in the election, no notice is 11.24required. If an absentee ballot arrives after the deadline for submission provided by this 11.25chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A 11.26notice of absentee ballot rejection must contain the following information: 11.27(1) the date on which the absentee ballot was rejected or, if the ballot was received 11.28after the required deadline for submission, the date on which the ballot was received; 11.29(2) the reason for rejection; and 11.30(3) the name of the appropriate election official to whom the voter may direct further 11.31questions, along with appropriate contact information. 11.32(e) An absentee ballot return envelope marked "Rejected" may not be opened or 11.33subject to further review except in an election contest filed pursuant to chapter 209. 11.34    Sec. 16. Minnesota Statutes 2014, section 203B.16, subdivision 1, is amended to read: 12.1    Subdivision 1. Military service; temporary residence outside United States. 12.2Sections 203B.16 to 203B.27 provide alternative voting procedures for eligible voters who 12.3are absent from the precinct where they maintain residence because they are: 12.4(1) either in the military or the spouses or dependents of individuals serving in 12.5the military; or 12.6(2) temporarily outside the territorial limits of the United States. 12.7Sections 203B.16 to 203B.27 are intended to implement the federal Uniformed and 12.8Overseas Citizens Absentee Voting Act, United States Code, title 42, section 1973ffnew text begin 52, new text end 12.9new text begin sections 20301 to 20310new text end . 12.10    Sec. 17. Minnesota Statutes 2014, section 203B.16, subdivision 2, is amended to read: 12.11    Subd. 2. Indefinite residence outside United States. Sections 203B.16 to 12.12203B.27 provide the exclusive voting procedure for United States citizens who are living 12.13indefinitely outside the territorial limits of the United States who meet all the qualifications 12.14of an eligible voter except residence in Minnesota, but who are authorized by federal law 12.15to vote in Minnesota because theynew text begin or, if they have never resided in the United States, new text end 12.16new text begin a parentnew text end maintained residence in Minnesota for at least 20 days immediately prior to 12.17their departure from the United States. Individuals described in this subdivision shall be 12.18permitted to vote only for the offices of president, vice-president, senator in Congress, 12.19and representative in Congress. 12.20    Sec. 18. Minnesota Statutes 2014, section 203B.17, subdivision 1, is amended to read: 12.21    Subdivision 1. Submission of application. (a) An application for absentee ballots 12.22for a voter described in section 203B.16 must be in writing and may be submitted in 12.23person, by mail, by electronic facsimile device, by electronic mail, or electronically 12.24through a secure Web site that shall be maintained by the secretary of state for this 12.25purpose, upon determination by the secretary of state that security concerns have been 12.26adequately addressed. An application for absentee ballots for a voter described in section 12.27203B.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother, or 12.28child over the age of 18 years. For purposes of an application under this subdivision, a 12.29person's Social Security number, no matter how it is designated, qualifies as the person's 12.30military identification number if the person is in the military. 12.31(b) An application for a voter described in section 203B.16, subdivision 1, shall be 12.32submitted to the county auditor of the county where the voter maintains residence or 12.33through the secure Web site maintained by the secretary of state. 13.1(c) An application for a voter described in section 203B.16, subdivision 2, shall be 13.2submitted to the county auditor of the county where the voter new text begin or the voter's parent new text end last 13.3maintained residence in Minnesota or through the secure Web site maintained by the 13.4secretary of state. 13.5(d) An application for absentee ballots shall be valid for any primary, special 13.6primary, general election, or special election from the time the application is received 13.7through the end of that calendar year. 13.8(e) There shall be no limitation of time for filing and receiving applications for 13.9ballots under sections 203B.16 to 203B.27. 13.10    Sec. 19. Minnesota Statutes 2014, section 203B.17, subdivision 2, is amended to read: 13.11    Subd. 2. Required information. An application shall be accepted if it contains the 13.12following information stated under oath: 13.13    (a) the voter's name, birthdate, and present address of residence in Minnesota, or 13.14former address of residence new text begin or parent's former address of residence new text end in Minnesota if the 13.15voter is living permanently outside the United States; 13.16    (b) a statement indicating that the voter is in the military, or is the spouse or 13.17dependent of an individual serving in the military, or is temporarily outside the territorial 13.18limits of the United States, or is living permanently outside the territorial limits of the 13.19United States and voting under federal law; 13.20    (c) a statement that the voter expects to be absent from the precinct at the time 13.21of the election; 13.22    (d) the address to which absentee ballots are to be mailed; 13.23    (e) the voter's signature or the signature and relationship of the individual authorized 13.24to apply on the voter's behalf; 13.25    (f) the voter's passport number, Minnesota driver's license or state identification card 13.26number, or the last four digits of the voter's Social Security number; if the voter does not 13.27have access to any of these documents, the voter or other individual requesting absentee 13.28ballots may attest to the truthfulness of the contents of the application under penalty 13.29of perjury; and 13.30    (g) the voter's e-mail address, if the application was submitted electronically through 13.31the secure Web site maintained by the secretary of state. 13.32Notwithstanding paragraph (f), an application submitted through the secretary of state's 13.33Web site must include the voter's verifiable Minnesota driver's license number, Minnesota 13.34state identification card number, or the last four digits of the voter's Social Security 13.35number, and may only be transmitted to the county auditor for processing if the secretary 14.1of state has verified the application information matches the information in a government 14.2database associated with the applicant's driver's license number, state identification card 14.3number, or Social Security number. The secretary of state must review all unverifiable 14.4applications for evidence of suspicious activity and must forward any such application to 14.5an appropriate law enforcement agency for investigation. 14.6    Sec. 20. Minnesota Statutes 2014, section 204B.06, subdivision 1b, is amended to read: 14.7    Subd. 1b. Address and telephone number. (a) An affidavit of candidacy must 14.8state a telephone number where the candidate can be contacted. An affidavit must also 14.9state the candidate's address of residence as determined under section 200.031, or at the 14.10candidate's request in accordance with paragraph (c), the candidate's campaign contact 14.11address. The form for the affidavit of candidacy must allow the candidate to request, if 14.12eligible, that the candidate's address of residence be classified as private data, and to 14.13provide the certification required under paragraph (c) for classification of that address. 14.14(b) For an office whose residency requirement must be satisfied by the close of the 14.15filing period, a registered voter in this state may request in writing that the filing officer 14.16receiving the affidavit of candidacy review the address as provided in this paragraph, at 14.17any time up to one day after the last day for filing for office. If requested, the filing officer 14.18must determine whether the address provided in the affidavit of candidacy is within the 14.19area represented by the office the candidate is seeking. If the filing officer determines 14.20that the address is not within the area represented by the office, the filing officer must 14.21immediately notify the candidate and the candidate's name must be removed from the 14.22ballot for that office. A determination made by a filing officer under this paragraph is 14.23subject to judicial review under section 204B.44. 14.24(c) If the candidate requests that the candidate's address of residence be classified 14.25as private data, the candidate must list the candidate's address of residence on a separate 14.26form to be attached to the affidavit. The candidate must also certify on the affidavit that 14.27a police report has been submitted or an order for protection has been issued in regard 14.28to the safety of the candidate or the candidate's familynew text begin , or that the candidate's address is new text end 14.29new text begin otherwise private pursuant to Minnesota lawnew text end . The address of residence provided by a 14.30candidate who makes a request for classification on the candidate's affidavit of candidacy 14.31and provides the certification required by this paragraph is classified as private data, 14.32as defined in section 13.02, subdivision 12, but may be reviewed by the filing officer 14.33as provided in this subdivision. 14.34(d) The requirements of this subdivision do not apply to affidavits of candidacy for a 14.35candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff. 15.1    Sec. 21. Minnesota Statutes 2014, section 204B.13, subdivision 1, is amended to read: 15.2    Subdivision 1. Partisan office. (a) A vacancy in nomination for a partisan office 15.3must be filled in the manner provided by this section. A vacancy in nomination exists 15.4for a partisan office when a major political party candidate who has been nominated in 15.5accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1: 15.6(1) dies; 15.7(2) withdraws as provided in section 204B.12, subdivision 1; or 15.8(3) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), 15.9at least one day prior to the general election with the same official who received the 15.10affidavit of candidacynew text begin ; ornew text end 15.11new text begin (3) is determined to be ineligible to hold the office the candidate is seeking, pursuant new text end 15.12new text begin to a court order issued under section 204B.44new text end . 15.13(b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that 15.14the candidate has been diagnosed with a catastrophic illness that will permanently and 15.15continuously incapacitate the candidate and prevent the candidate from performing the 15.16duties of the office sought, if elected. The affidavit must be accompanied by a certificate 15.17verifying the candidate's illness meets the requirements of this paragraph, signed by at 15.18least two licensed physicians. The affidavit and certificate may be filed by the candidate 15.19or the candidate's legal guardian. 15.20new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment, new text end 15.21new text begin and applies to elections for which the candidate withdrawal period under section 204B.12, new text end 15.22new text begin subdivision 1, occurs on or after that date.new text end 15.23    Sec. 22. Minnesota Statutes 2014, section 204B.13, subdivision 2, is amended to read: 15.24    Subd. 2. Partisan office; nomination by party; special election. (a) Except as 15.25provided in subdivision 5, a major political party may fill a vacancy in nomination of 15.26that party's candidate as defined in subdivision 1, clause (1) ornew text begin , (2), ornew text end (3), by filing one 15.27nomination certificate with the same official who received the affidavits of candidacy 15.28for that office. 15.29A major political party may provide in its governing rules a procedure, including 15.30designation of an appropriate committee, to fill a vacancy in nomination for any federal or 15.31state partisan office. The nomination certificate shall be prepared under the direction of 15.32and executed by the chair and secretary of the political party and filed within the timelines 15.33established in this section. When filing the certificate the chair and secretary shall attach 15.34an affidavit stating that the newly nominated candidate has been selected under the rules 16.1of the party and that the individuals signing the certificate and making the affidavit are the 16.2chair and secretary of the party. 16.3(b) In the case of a vacancy in nomination for partisan office that occurs on or before 16.4the 79th day before the general election, the major political party must file the nomination 16.5certificate no later than 71 days before the general election. The name of the candidate 16.6nominated by the party must appear on the general election ballot. 16.7(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for 16.8a partisan office that occurs after the 79th day before the general election, the general 16.9election ballot shall remain unchanged, but the county and state canvassing boards must 16.10not certify the vote totals for that office from the general election, and the office must be 16.11filled at a special election held in accordance with this section. Except for the vacancy 16.12in nomination, all other candidates whose names appeared on the general election ballot 16.13for the office must appear on the special election ballot for the office. New affidavits of 16.14candidacy or nominating petitions may not be accepted, and there must not be a primary to 16.15fill the vacancy in nomination. The major political party may file a nomination certificate 16.16as provided in paragraph (a) no later than seven days after the general election. On the 16.17date of the general election, the county auditor or municipal clerk shall post a notice in 16.18each precinct affected by a vacancy in nomination under this paragraph, informing voters 16.19of the reason for the vacancy in nomination and the procedures for filling the vacancy in 16.20nomination and conducting a special election as required by this section. The secretary 16.21of state shall prepare and electronically distribute the notice to county auditors in each 16.22county affected by a vacancy in nomination. 16.23new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 16.24    Sec. 23. Minnesota Statutes 2014, section 204B.13, subdivision 5, is amended to read: 16.25    Subd. 5. Candidates for governor and lieutenant governor. (a) If a vacancy in 16.26nomination for a major political party occurs in the race for governor, the political party 16.27must nominate the candidates for both governor and lieutenant governor. If a vacancy 16.28in nomination for a major political party occurs in the race for lieutenant governor, the 16.29candidate for governor shall select the candidate for lieutenant governor. 16.30(b) For a vacancy in nomination for lieutenant governor that occurs on or before the 16.3179th day before the general election, the name of the lieutenant governor candidate must 16.32be submitted by the governor candidate to the filing officer no later than 71 days before 16.33the general election. If the vacancy in nomination for lieutenant governor occurs after the 16.3479th day before the general election, the candidate for governor shall submit the name of 17.1the new lieutenant governor candidate to the secretary of state within seven days after the 17.2vacancy in nomination occurs, but no changes may be made to the general election ballots. 17.3(c) When a vacancy in nomination for lieutenant governor occurs after the 79th day 17.4before the general election, the county auditor or municipal clerk shall post a notice in 17.5each precinct affected by the vacancy in nomination. The secretary of state shall prepare 17.6and electronically distribute the notice to county auditors. The county auditor must ensure 17.7that each precinct in the county receives the notice prior to the opening of the polls on 17.8election day. The notice must include: 17.9(1) a statement that there is a vacancy in nomination for lieutenant governor and the 17.10statutory reason for the vacancy in nomination as provided in subdivision 1, paragraph 17.11(a), clauses (1) andnew text begin , (2), ornew text end (3); 17.12(2) a statement that the results for the governor and lieutenant governor will be 17.13counted and that no special election will be held for that race; and 17.14(3) a list of all candidates in the governor and lieutenant governor's race, listed in order 17.15of the base rotation. The listing of candidates shall include the name of the candidate to 17.16fill the vacancy in nomination for lieutenant governor. If the name of the candidate has not 17.17yet been named, then the list must include the date by which the candidate will be named. 17.18new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 17.19    Sec. 24. Minnesota Statutes 2014, section 204B.131, subdivision 1, is amended to read: 17.20    Subdivision 1. Applicability. A vacancy in nomination for a nonpartisan office 17.21must be filled in the manner provided by this section. A vacancy in nomination for a 17.22nonpartisan office exists when: 17.23(1) a candidate for any nonpartisan office, for which one or two candidates filed, 17.24withdraws as provided in section 204B.12, subdivision 1; or 17.25new text begin (2) a candidate for any nonpartisan office, for which one or two candidates filed, new text end 17.26new text begin is determined to be ineligible to hold the office the candidate is seeking, pursuant to a new text end 17.27new text begin court order issued under section 204B.44; ornew text end 17.28(2)new text begin (3)new text end a candidate for any nonjudicial nonpartisan office, for which only one or two 17.29candidates filed or who was nominated at a primary, dies on or before the 79th day before 17.30the date of the general election. 17.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 17.32    Sec. 25. Minnesota Statutes 2014, section 204B.19, subdivision 2, is amended to read: 18.1    Subd. 2. Individuals not qualified to be election judges. (a) Except as provided in 18.2paragraph (b), no individual shall be appointed as an election judge for any precinct if 18.3that individual: 18.4(1) is unable to read, write, or speak the English language; 18.5(2) is the spouse; parent, including a stepparent; child, including a stepchild; or 18.6sibling, including a stepsibling; of any election judge serving in the same precinct or of 18.7any candidate at that election; or 18.8(3)new text begin is domiciled, either permanently or temporarily, with any candidate on the ballot new text end 18.9new text begin at that election; ornew text end 18.10new text begin (4)new text end is a candidate at that election. 18.11(b) Individuals who are related to each other as provided in paragraph (a), clause (2), 18.12may serve as election judges in the same precinct, provided that they serve on separate 18.13shifts that do not run concurrently. 18.14    Sec. 26. Minnesota Statutes 2014, section 204B.19, subdivision 6, is amended to read: 18.15    Subd. 6. High school students. Notwithstanding any other requirements of this 18.16section, a student enrolled in a high school in Minnesota or who is in a home school 18.17in compliance with sections 120A.22 and 120A.24, who has attained the age of 16 is 18.18eligible to be appointed as a without party affiliation trainee election judge in the county in 18.19which the student residesnew text begin , or a county adjacent to the county in which the student residesnew text end . 18.20The student must meet qualifications for trainee election judges specified in rules of the 18.21secretary of state. A student appointed as a trainee election judge may be excused from 18.22school attendance during the hours that the student is serving as a trainee election judge 18.23if the student submits a written request signed and approved by the student's parent or 18.24guardian to be absent from school and a certificate from the appointing authority stating 18.25the hours during which the student will serve as a trainee election judge to the principal of 18.26the school at least ten days prior to the election. Students shall not serve as trainee election 18.27judges after 10:00 p.m. Notwithstanding section 177.24 to the contrary, trainee election 18.28judges may be paid not less than two-thirds of the minimum wage for a large employer. 18.29The principal of the school may approve a request to be absent from school conditioned 18.30on acceptable academic performance at the time of service as a trainee election judge. 18.31    Sec. 27. Minnesota Statutes 2014, section 204B.36, subdivision 1, is amended to read: 18.32    Subdivision 1. Type. All ballots shall be printed with black ink on paper of sufficient 18.33thickness to prevent the printing from being discernible from the back. All ballots shall be 18.34printed in easily readable type with suitable lines dividing candidates, offices, instructions 19.1and other matter printed on ballots. The name of each candidate shall be printed in capital 19.2letters. The same type shall be used for the names of all candidates on the same ballot. 19.3    Sec. 28. Minnesota Statutes 2014, section 204B.36, subdivision 2, is amended to read: 19.4    Subd. 2. Candidates and offices. The name of each candidate shall be printed at a 19.5right angle to the length of the ballot. At a general election the name of the political party 19.6or the political principle of each candidate for partisan office shall be printed above or 19.7below the name of the candidate. The name of a political party or a political principle 19.8shall be printed in capital and lowercase letters of the same type, with the capital letters 19.9at least one-half the height of the capital letters used for names of the candidates. At a 19.10general election, blank lines containing the words "write-in, if any" shall be printed below 19.11the name of the last candidate for each office, or below the title of the office if no candidate 19.12has filed for that office, so that a voter may write in the names of individuals whose names 19.13are not on the ballot. One blank line shall be printed for each officer of that kind to be 19.14elected. At a primary election, no blank lines shall be provided for writing in the names of 19.15individuals whose names do not appear on the primary ballot. 19.16On the left side of the ballot at the same level with the name of each candidate and 19.17each blank line shall be printed a square new text begin an oval or similar target shape new text end in which the voter 19.18may designate a vote by a mark (X)new text begin filling in the oval or similar mark if a different target new text end 19.19new text begin shape is usednew text end . Each squarenew text begin oval or target shapenew text end shall be the same size. Above the first 19.20name on each ballot shall be printed the words, "Put an (X) in the square opposite the 19.21name of each candidate you wish to vote for." At the same level with these words and 19.22directly above the squares shall be printed a small arrow pointing downwardnew text begin instructions new text end 19.23new text begin for votingnew text end . Directly underneath the official title of each office shall be printed the words 19.24"Vote for one" or "Vote for up to ..." (any greater number to be elected). 19.25    Sec. 29. Minnesota Statutes 2014, section 204B.36, subdivision 3, is amended to read: 19.26    Subd. 3. Question; form of ballot. When a question is to be submitted to a vote, a 19.27concise statement of the nature of the question shall be printed on the ballot. The words, 19.28"YES" new text begin "Yes" new text end and "NO" new text begin "No" new text end shall be printed to the left of this statement, with a square 19.29new text begin an oval or similar target shape new text end to the left of each word so that the voter may indicate by 19.30a mark (X) either a negative or affirmative vote. The ballot shall include instructions 19.31directing the voter to put an (X) in the square new text begin fill in the oval or similar mark if a different new text end 19.32new text begin target shape is used, new text end before the word "YES" new text begin "Yes" new text end if the voter desires to vote for the 19.33question, or to put an (X) new text begin fill in the oval or similar mark if a different target shape is used, new text end 19.34before the word "NO" new text begin "No" new text end if the voter desires to vote against the question. 20.1    Sec. 30. Minnesota Statutes 2014, section 204B.36, subdivision 4, is amended to read: 20.2    Subd. 4. Judicial candidates. The official ballot shall contain the names of all 20.3candidates for each judicial office and shall state the number of those candidates for 20.4whom a voter may vote. Each seat for an associate justice, associate judge, or judge of 20.5the district court must be numbered. The words "SUPREME COURT," "COURT OF 20.6APPEALS," new text begin "Supreme Court," "Court of Appeals," new text end and "(number) DISTRICT COURT" 20.7new text begin "(number) District Court" new text end must be printed above the respective judicial office groups on 20.8the ballot. The title of each judicial office shall be printed on the official primary and 20.9general election ballot as follows: 20.10(a) In the case of the Supreme Court: 20.11"Chief justice"; 20.12"Associate justice (number)"; 20.13(b) In the case of the Court of Appeals: 20.14"Judge (number)"; or 20.15(c) In the case of the district court: 20.16"Judge (number)." 20.17    Sec. 31. Minnesota Statutes 2014, section 204B.44, is amended to read: 20.18204B.44 ERRORS AND OMISSIONS; REMEDY. 20.19Any individual may file a petition in the manner provided in this section for the 20.20correction of any of the following errors, omissions, or wrongful acts which have occurred 20.21or are about to occur: 20.22(a) an error or omission in the placement or printing of the name or description of 20.23any candidate or any question on any official ballotnew text begin , including the placement of a candidate new text end 20.24new text begin on the official ballot who is not eligible to hold the office for which the candidate has filednew text end ; 20.25(b) any other error in preparing or printing any official ballot; 20.26(c) failure of the chair or secretary of the proper committee of a major political party 20.27to execute or file a certificate of nomination; 20.28(d) any wrongful act, omission, or error of any election judge, municipal clerk, 20.29county auditor, canvassing board or any of its members, the secretary of state, or any other 20.30individual charged with any duty concerning an election. 20.31The petition shall describe the error, omission, or wrongful act and the correction 20.32sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in 20.33the case of an election for state or federal office or any judge of the district court in that 20.34county in the case of an election for county, municipal, or school district office. The 20.35petitioner shall serve a copy of the petition on the officer, board or individual charged with 21.1the error, omission, or wrongful act, on all candidates for the office in the case of an 21.2election for state, federal, county, municipal, or school district office, and on any other 21.3party as required by the court. Upon receipt of the petition the court shall immediately set 21.4a time for a hearing on the matter and order the officer, board or individual charged with 21.5the error, omission or wrongful act to correct the error or wrongful act or perform the duty 21.6or show cause for not doing so.new text begin In the case of a review of a candidate's eligibility to hold new text end 21.7new text begin office, the court may order the candidate to appear and present sufficient evidence of the new text end 21.8new text begin candidate's eligibility.new text end The court shall issue its findings and a final order for appropriate 21.9relief as soon as possible after the hearing. Failure to obey the order is contempt of court. 21.10new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 21.11    Sec. 32. Minnesota Statutes 2014, section 204B.45, subdivision 2, is amended to read: 21.12    Subd. 2. Procedure. Notice of the election and the special mail procedure must 21.13be given at least ten weeks prior to the election. Not more than 46 days nor later than 14 21.14days before a regularly scheduled election and not more than 30 days nor later than 14 21.15days before any other election, the auditor shall mail ballots by nonforwardable mail to 21.16all voters registered in the town or unorganized territory. No later than 14 days before 21.17the election, the auditor must make a subsequent mailing of ballots to those voters who 21.18register to vote after the initial mailing but before the 20th day before the election. 21.19Eligible voters not registered at the time the ballots are mailed may apply for ballots as 21.20provided in chapter 203B. Ballot return envelopes, with return postage provided, must 21.21be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in 21.22person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board 21.23to examine the mail and absentee ballot return envelopes and mark them "accepted" or 21.24"rejected" within three days of receipt if there are 14 or fewer days before election day, or 21.25within five days of receipt if there are more than 14 days before election day. The board 21.26may consist of deputy county auditors or deputy municipal clerks who have received 21.27training in the processing and counting of mail ballots, who need not be affiliated with 21.28a major political party. Election judges performing the duties in this section must be of 21.29different major political parties, unless they are exempt from that requirement under 21.30section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at 21.31least five days before the election, the ballots in the envelope must remain sealed and the 21.32auditor or clerk shall provide the voter with a replacement ballot and return envelope in 21.33place of the spoiled ballot. If the ballot is rejected within five days of the election, the 21.34envelope must remain sealed and the official in charge of the ballot board must attempt to 22.1contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been 22.2rejected. The official must document the attempts made to contact the voter. 22.3If the ballot is accepted, the county auditor or municipal clerk must mark the roster to 22.4indicate that the voter has already cast a ballot in that election. After the close of business 22.5on the fourthnew text begin seventhnew text end day before the election, the ballots from return envelopes marked 22.6"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, 22.7subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box. 22.8In all other respects, the provisions of the Minnesota Election Law governing 22.9deposit and counting of ballots apply. 22.10The mail and absentee ballots for a precinct must be counted together and reported 22.11as one vote total. No vote totals from mail or absentee ballots may be made public before 22.12the close of voting on election day. 22.13The costs of the mailing shall be paid by the election jurisdiction in which the voter 22.14resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. 22.15    Sec. 33. Minnesota Statutes 2014, section 204C.04, subdivision 2, is amended to read: 22.16    Subd. 2. Elections covered. For purposes of this section, "election" means a 22.17regularly scheduled state primary or general election, an election to fill a vacancy in the 22.18office of United States senator or United States representative,new text begin an election to fill a vacancy new text end 22.19new text begin in nomination for a constitutional office,new text end or an election to fill a vacancy in the office of 22.20state senator or state representative. 22.21    Sec. 34. Minnesota Statutes 2014, section 204C.08, subdivision 1d, is amended to read: 22.22    Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to 22.23each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set 22.24forth in this section. Before the hours of voting are scheduled to begin, the election judges 22.25shall post it in a conspicuous location or locations in the polling place. The Voter's Bill 22.26of Rights is as follows: 22.27"VOTER'S BILL OF RIGHTS 22.28For all persons residing in this state who meet federal voting eligibility requirements: 22.29(1) You have the right to be absent from work for the purpose of voting in a state 22.30ornew text begin ,new text end federalnew text begin , or regularly schedulednew text end election without reduction to your pay, personal leave, 22.31or vacation time on election day for the time necessary to appear at your polling place, 22.32cast a ballot, and return to work. 22.33(2) If you are in line at your polling place any time before 8:00 p.m., you have the 22.34right to vote. 23.1(3) If you can provide the required proof of residence, you have the right to register 23.2to vote and to vote on election day. 23.3(4) If you are unable to sign your name, you have the right to orally confirm your 23.4identity with an election judge and to direct another person to sign your name for you. 23.5(5) You have the right to request special assistance when voting. 23.6(6) If you need assistance, you may be accompanied into the voting booth by a 23.7person of your choice, except by an agent of your employer or union or a candidate. 23.8(7) You have the right to bring your minor children into the polling place and into 23.9the voting booth with you. 23.10(8) If you have been convicted of a felony but your felony sentence has expired (been 23.11completed) or you have been discharged from your sentence, you have the right to vote. 23.12(9) If you are under a guardianship, you have the right to vote, unless the court 23.13order revokes your right to vote. 23.14(10) You have the right to vote without anyone in the polling place trying to 23.15influence your vote. 23.16(11) If you make a mistake or spoil your ballot before it is submitted, you have the 23.17right to receive a replacement ballot and vote. 23.18(12) You have the right to file a written complaint at your polling place if you are 23.19dissatisfied with the way an election is being run. 23.20(13) You have the right to take a sample ballot into the voting booth with you. 23.21(14) You have the right to take a copy of this Voter's Bill of Rights into the voting 23.22booth with you." 23.23    Sec. 35. Minnesota Statutes 2014, section 204C.13, subdivision 2, is amended to read: 23.24    Subd. 2. Voting booths. One of the election judges shall explain to the voter the 23.25proper method of marking and folding the ballots and, during a primary election, the effect 23.26of attempting to vote in more than one party's primary. Except as otherwise provided in 23.27section 204C.15, the voter shall retire alone to an unoccupied voting booth or, at the 23.28voter's discretion, the voter may choose to use another writing surface. The voter shall 23.29mark the ballots without undue delay. The voter may take sample ballots into the booth to 23.30assist in voting. The election judges may adopt and enforce reasonable rules governing the 23.31amount of time a voter may spend in the voting booth marking ballots. 23.32    Sec. 36. Minnesota Statutes 2014, section 204C.13, subdivision 3, is amended to read: 23.33    Subd. 3. Marking ballots. The voter shall mark each ballot in the following manner: 24.1(a) A mark (X) shall be placed in the square new text begin The voter shall fill in the oval or similar new text end 24.2new text begin mark if a different target shape is used, new text end opposite the printed name of each candidate for 24.3whom the individual desires to vote, and in the square new text begin oval or other target shape new text end before the 24.4"YES" new text begin "Yes" new text end or "NO" new text begin "No" new text end if the individual desires to vote for or against a question. 24.5(b) The voter may write in other names on the lines provided under the printed 24.6names of the candidates, except that no names shall be written in on primary ballots. 24.7(c) At a state primary an individual may vote for candidates of only one major 24.8political party on the partisan primary ballot. If a partisan primary ballot contains votes 24.9for the candidates of more than one major political party, the ballot is totally defective and 24.10no vote on the new text begin partisan section of the new text end ballot shall be counted. 24.11(d) An individual who spoils a ballot may return it to the election judges and receive 24.12another. 24.13    Sec. 37. Minnesota Statutes 2014, section 204C.13, subdivision 5, is amended to read: 24.14    Subd. 5. Deposit of ballots in ballot boxesnew text begin boxnew text end . The voter shall then withdraw 24.15from the voting booth with the ballots and hand them to the election judge in charge of 24.16the ballot boxes. That election judge shall immediately deposit each ballot in the proper 24.17new text begin ballot new text end box. Ballots that have not been initialed by the election judges as provided in 24.18section 204C.09, shall not be deposited in the ballot box. 24.19    Sec. 38. Minnesota Statutes 2014, section 204C.22, subdivision 3, is amended to read: 24.20    Subd. 3. Votes for too many candidates. If a voter places a mark (X) beside the 24.21names of more candidates for an office than are to be elected or nominated, the ballot is 24.22defective with respect only to that office. No vote shall be counted for any candidate for 24.23that office, but the rest of the ballot shall be counted if possible. At a primary, if a voter 24.24has not indicated a party preference and places a mark (X) beside the names of candidates 24.25of more than one party on the partisan ballot, the ballot is totally defective and no votes on 24.26it shall be counted. If a voter has indicated a party preference at a primary, only votes cast 24.27for candidates of that party shall be counted. 24.28    Sec. 39. Minnesota Statutes 2014, section 204C.22, subdivision 4, is amended to read: 24.29    Subd. 4. Name written in proper place. If a voter has written the name of an 24.30individual in the proper place on a general or special election ballot a vote shall be counted 24.31for that individual whether or not the voter makes a mark (X) in the square new text begin oval or other new text end 24.32new text begin target shape new text end opposite the blank. 25.1    Sec. 40. Minnesota Statutes 2014, section 204C.22, subdivision 7, is amended to read: 25.2    Subd. 7. All written names or marks counted up to limit. If a number of 25.3individuals are to be elected to the same office, the election judges shall count all names 25.4written in and all printed names with (X) marks in squares new text begin oval or other target shape new text end 25.5opposite them, not exceeding the whole number to be elected. When fewer names than the 25.6number to be elected are marked with an (X) or written in, only the marked or written in 25.7names shall be counted. When more names than the number to be elected are marked or 25.8written in, the ballot is defective with respect to that office and no vote shall be counted 25.9for that office. 25.10    Sec. 41. Minnesota Statutes 2014, section 204C.22, subdivision 10, is amended to read: 25.11    Subd. 10. Different marks. If a voter uniformly uses a mark other than (X) which 25.12new text begin that new text end clearly indicates an intent to mark a name or to mark yes or no on a question, and the 25.13voter does not use (X) new text begin the more standard mark new text end anywhere else on the ballot, a vote shall 25.14be counted for each candidate or response to a question marked. If a voter uses two or 25.15more distinct marks, such as (X) and some other mark, a vote shall be counted for each 25.16candidate or response to a question marked, unless the ballot is marked by distinguishing 25.17characteristics that make the entire ballot defective as provided in subdivision 13. 25.18    Sec. 42. Minnesota Statutes 2014, section 204C.35, subdivision 1, is amended to read: 25.19    Subdivision 1. Publicly funded recounts. (a) In a state primary when the difference 25.20between the votes cast for the candidates for nomination to: 25.21(1) a state legislative office is less than one-half of one percent of the total number of 25.22votes counted for that nomination or is ten votes or less and the total number of votes cast 25.23for the nomination is 400 votes or less; or 25.24(2) a statewide federal office, state constitutional office, statewide judicial office, 25.25congressional office, or district judicial office is less than one-quarter of one percent of 25.26the total number of votes counted for that nomination or is ten votes or less and the total 25.27number of votes cast for the nomination is 400 votes or less; 25.28and the difference determines the nomination, the canvassing board with responsibility 25.29for declaring the results for that office shall manually recount the vote upon receiving a 25.30written request from the candidate whose nomination is in question. 25.31Immediately following the meeting of the board that has responsibility for 25.32canvassing the results of the nomination, the filing officer must notify the candidate that 25.33the candidate has the option to request a recount of the votes at no cost to the candidate. 26.1This written request must be received by the filing officer no later than 48 hoursnew text begin 5:00 p.m. new text end 26.2new text begin on the second day new text end after the canvass of the primary for which the recount is being sought. 26.3    (b) In a state general election when the difference between the votes of a candidate 26.4who would otherwise be declared elected to: 26.5(1) a state legislative office is less than one-half of one percent of the total number of 26.6votes counted for that office or is ten votes or less and the total number of votes cast for 26.7the office is 400 votes or less; or 26.8(2) a statewide federal office, state constitutional office, statewide judicial office, 26.9congressional office, or district judicial office and the votes of any other candidate for that 26.10office is less than one-quarter of one percent of the total number of votes counted for that 26.11office or is ten votes or less if the total number of votes cast for the office is 400 votes or less, 26.12the canvassing board shall manually recount the votes upon receiving a written request 26.13from the candidate whose election is in question. 26.14Immediately following the meeting of the board that has responsibility for canvassing 26.15the results of the general election, the filing officer must notify the candidate that the 26.16candidate has the option to request a recount of the votes at no cost to the candidate. This 26.17written request must be received by the filing officer no later than 48 hoursnew text begin 5:00 p.m. on new text end 26.18new text begin the second day new text end after the canvass of the election for which the recount is being sought. 26.19    (c) A recount must not delay any other part of the canvass. The results of the recount 26.20must be certified by the canvassing board as soon as possible. 26.21    (d) Time for notice of a contest for an office which is recounted pursuant to this section 26.22shall begin to run upon certification of the results of the recount by the canvassing board. 26.23    Sec. 43. Minnesota Statutes 2014, section 204C.35, subdivision 2, is amended to read: 26.24    Subd. 2. Discretionary candidate recounts. (a) A losing candidate whose 26.25name was on the ballot for nomination or election to a statewide federal office, state 26.26constitutional office, statewide judicial office, congressional office, state legislative office, 26.27or district judicial office may request a recount in a manner provided in this section at the 26.28candidate's own expense when the vote difference is greater than the difference required 26.29by this section. The votes shall be manually recounted as provided in this section if the 26.30candidate files a request during the time for filing notice of contest of the primary or 26.31election for which a recount is sought. 26.32    (b) The requesting candidate shall file with the filing officer a bond, cash, or surety in 26.33an amount set by the filing officer for the payment of the recount expenses. The requesting 26.34candidate is responsible for the following expenses: the compensation of the secretary of 26.35state, or designees, and any election judge, municipal clerk, county auditor, administrator, 27.1or other personnel who participate in the recount; necessary supplies and travel related to 27.2the recount; the compensation of the appropriate canvassing board and costs of preparing 27.3for the canvass of recount results; and any attorney fees incurred in connection with the 27.4recount by the governing body responsible for the recount. 27.5    (c)new text begin A discretionary recount of a primary must not delay delivery of the notice of new text end 27.6new text begin nomination to the winning candidate under section 204C.32.new text end 27.7    new text begin (d)new text end The requesting candidate may provide the filing officer with a list of up to three 27.8precincts that are to be recounted first and may waive the balance of the recount after these 27.9precincts have been counted. If the candidate provides a list, the recount official must 27.10determine the expenses for those precincts in the manner provided by paragraph (b). 27.11    new text begin (e) The results of the recount must be certified by the canvassing board as soon as new text end 27.12new text begin possible.new text end 27.13    (d)new text begin (f)new text end If the winner of the race is changed by the optional recount, the cost of the 27.14recount must be paid by the jurisdiction conducting the recount. 27.15    (e)new text begin (g)new text end If a result of the vote counting in the manual recount is different from the 27.16result of the vote counting reported on election day by a margin greater than the standard 27.17for acceptable performance of voting systems provided in section 206.89, subdivision 4, 27.18the cost of the recount must be paid by the jurisdiction conducting the recount. 27.19    Sec. 44. Minnesota Statutes 2014, section 204C.36, subdivision 1, is amended to read: 27.20    Subdivision 1. Publicly funded recounts. (a) Except as provided in paragraphs (b) 27.21and (c), a losing candidate for nomination or election to a county, municipal, or school 27.22district office may request a recount of the votes cast for the nomination or election to 27.23that office if the difference between the vote cast for that candidate and for a winning 27.24candidate for nomination or election is less than one-quarter of one percent of the total 27.25votes counted for that office. In case of offices where two or more seats are being filled 27.26from among all the candidates for the office, the one-quarter of one percent difference 27.27is between the elected candidate with the fewest votes and the candidate with the most 27.28votes from among the candidates who were not elected. 27.29(b) A losing candidate for nomination or election to a county, municipal, or school 27.30district office may request a recount of the votes cast for nomination or election to that 27.31office if the difference between the votes cast for that candidate and for a winning 27.32candidate for nomination or election is less than one-half of one percent, and the total 27.33number of votes cast for the nomination or election of all candidates is more than 400 27.34but less than 50,000. In cases of offices where two or more seats are being filled from 27.35among all the candidates for the office, the one-half of one percent difference is between 28.1the elected candidate with the fewest votes and the candidate with the most votes from 28.2among the candidates who were not elected. 28.3(c) A losing candidate for nomination or election to a county, municipal, or school 28.4district office may request a recount of the votes cast for nomination or election to that 28.5office if the difference between the vote cast for that candidate and for a winning candidate 28.6for nomination or election is ten votes or less, and the total number of votes cast for the 28.7nomination or election of all candidates is no more than 400. In cases of offices where two 28.8or more seats are being filled from among all the candidates for the office, the ten vote 28.9difference is between the elected candidate with the fewest votes and the candidate with 28.10the most votes from among the candidates who were not elected. 28.11(d) Candidates for county offices shall file a written request for the recount with the 28.12county auditor. Candidates for municipal or school district offices shall file a written 28.13request with the municipal or school district clerk as appropriate. All requests shall be 28.14filed during the time for notice of contest of the primary or new text begin by 5:00 p.m. on the fifth day new text end 28.15new text begin after the canvass of a primary or special primary or by 5:00 p.m. on the seventh day of the new text end 28.16new text begin canvass of a special or general new text end election for which a recount is sought. 28.17(e) Upon receipt of a request made pursuant to this section, the county auditor shall 28.18recount the votes for a county office at the expense of the county, the governing body 28.19of the municipality shall recount the votes for a municipal office at the expense of the 28.20municipality, and the school board of the school district shall recount the votes for a 28.21school district office at the expense of the school district. 28.22    Sec. 45. Minnesota Statutes 2014, section 204C.36, subdivision 2, is amended to read: 28.23    Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination 28.24or election to a county, municipal, or school district office may request a recount in the 28.25manner provided in this section at the candidate's own expense when the vote difference is 28.26greater than the difference required by subdivision 1, paragraphs (a) to (e). The votes shall 28.27be manually recounted as provided in this section if the requesting candidate files with 28.28the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an 28.29amount set by the governing body of the jurisdiction or the school board of the school 28.30district for the payment of the recount expenses. 28.31    (b) The requesting candidate may provide the filing officer with a list of up to three 28.32precincts that are to be recounted first and may waive the balance of the recount after these 28.33precincts have been counted. If the candidate provides a list, the recount official must 28.34determine the expenses for those precincts in the manner provided by paragraph (b). 29.1    (c)new text begin A discretionary recount of a primary must not delay delivery of the notice of new text end 29.2new text begin nomination to the winning candidate under section 204C.32.new text end 29.3    new text begin (d) The results of the recount must be certified by the canvassing board as soon as new text end 29.4new text begin possible. new text end 29.5    new text begin (e)new text end If the winner of the race is changed by the optional recount, the cost of the 29.6recount must be paid by the jurisdiction conducting the recount. 29.7    (d)new text begin (f)new text end If a result of the vote counting in the manual recount is different from the 29.8result of the vote counting reported on election day by a margin greater than the standard 29.9for acceptable performance of voting systems provided in section 206.89, subdivision 4, 29.10the cost of the recount must be paid by the jurisdiction conducting the recount. 29.11    Sec. 46. Minnesota Statutes 2014, section 204C.40, subdivision 2, is amended to read: 29.12    Subd. 2. Time of issuance; certain offices. No certificate of election shall be issued 29.13until seven days after the canvassing board has declared the result of the election. In case 29.14of a contest, an election certificate shall not be issued until a court of proper jurisdiction 29.15has finally determined the contest. This subdivision shall not apply to candidates elected 29.16to the office of state senator or representative. 29.17    Sec. 47. Minnesota Statutes 2014, section 204D.11, subdivision 4, is amended to read: 29.18    Subd. 4. Special federal ballot. (a) The names of all candidates for the offices 29.19of president and vice-president of the United States and senator and representative in 29.20Congress shall be placed on a ballot that shall be known as the "special federal ballot." 29.21(b) This ballot shall be prepared by the county auditor in the same manner as the 29.22state general election ballot and shall be subject to the rules adopted by the secretary of 29.23state pursuant to subdivision 1. This ballot must be prepared and furnished in accordance 29.24with the federal Uniformed and Overseas Citizens Absentee Voting Act, United States 29.25Code, title 42, section 1973ffnew text begin 52, sections 20301 to 20310new text end . 29.26(c) The special federal ballot shall be the only ballot sent to citizens of the United 29.27States who are eligible to vote by absentee ballot for federal candidates in Minnesota. 29.28    Sec. 48. Minnesota Statutes 2014, section 204D.27, subdivision 11, is amended to read: 29.29    Subd. 11. Certificate of legislative election. A certificate of election in a special 29.30election for state senator or state representative shall be issued by the secretary of state to 29.31the individual declared elected by the county or state canvassing boardnew text begin chief clerk of the new text end 29.32new text begin house or the secretary of the senatenew text end two days, excluding Sundays and legal holidays, after 29.33the appropriate canvassing board finishes canvassing the returns for the election. 30.1In case of a contest the certificate shall not be issued until the district court 30.2determines the contest. 30.3    Sec. 49. Minnesota Statutes 2014, section 205.13, subdivision 3, is amended to read: 30.4    Subd. 3. Filing fees. Unless the charter of a city provides the amount of the fee 30.5for filing an application or affidavit of candidacy for city officenew text begin (a) Except as otherwise new text end 30.6new text begin provided in this sectionnew text end , the filing fee for a municipal office is as follows: 30.7(a)new text begin (1)new text end in first class cities, $20; 30.8(b) new text begin (2) new text end in second and third class cities, $5; and 30.9(c) new text begin (3) new text end in fourth class cities and towns, $2. 30.10new text begin (b) A home rule charter or statutory city may adopt, by ordinance, a filing fee of a new text end 30.11new text begin different amount not to exceed the following:new text end 30.12new text begin (1) in first class cities, $80;new text end 30.13new text begin (2) in second and third class cities, $40; andnew text end 30.14new text begin (3) in fourth class cities, $15.new text end 30.15new text begin (c) A home rule charter city that sets filing fees by authority provided in city charter new text end 30.16new text begin is not subject to the fee limits in this section.new text end 30.17    Sec. 50. Minnesota Statutes 2014, section 205A.05, subdivision 1, is amended to read: 30.18    Subdivision 1. Questions. (a) Special elections must be held for a school district on 30.19a question on which the voters are authorized by law to pass judgment. The school board 30.20may on its own motion call a special election to vote on any matter requiring approval of 30.21the voters of a district. Upon petition filed with the school board of 50 or more voters of 30.22the school district or five percent of the number of voters voting at the preceding school 30.23district general election, whichever is greater, the school board shall by resolution call 30.24a special election to vote on any matter requiring approval of the voters of a district. 30.25A question is carried only with the majority in its favor required by law. The election 30.26officials for a special election are the same as for the most recent school district general 30.27election unless changed according to law. Otherwise, special elections must be conducted 30.28and the returns made in the manner provided for the school district general election. 30.29    (b) A special election may not be held: 30.30    (1) during the 56 days before and the 56 days after a regularly scheduled primary or 30.31general election conducted wholly or partially within the school district; 30.32    (2) on the date of a regularly scheduled town electionnew text begin or annual meetingnew text end in March 30.33conducted wholly or partially within the school district; or 31.1    (3) during the 30 days before or the 30 days after a regularly scheduled town election 31.2in March conducted wholly or partially within the school district. 31.3    (c) Notwithstanding any other law to the contrary, the time period in which a special 31.4election must be conducted under any other law may be extended by the school board to 31.5conform with the requirements of this subdivision. 31.6    Sec. 51. Minnesota Statutes 2014, section 206.90, subdivision 6, is amended to read: 31.7    Subd. 6. Ballots. In precincts using optical scan voting systems, a single ballot card 31.8on which all ballot information is included must be printed in black ink on white colored 31.9material except that marks not to be read by the automatic tabulating equipment may be 31.10printed in another color ink. In state elections, a single ballot title must be used, as provided 31.11in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. In odd-numbered years 31.12when both municipal and school district offices or questions appear on the ballot, the 31.13single ballot title "City (or Town) and School District Ballot" must be used. 31.14On the front of the ballot must be printed the words "Official Ballot" and the date of 31.15the election and lines for the initials of at least two election judges. 31.16When optical scan ballots are used, the offices to be elected must appear in the 31.17following order: federal offices; state legislative offices; constitutional offices; proposed 31.18constitutional amendments; county offices and questions; municipal offices and questions; 31.19school district offices and questions; special district offices and questions; and judicial 31.20offices. 31.21On optical scan ballots, the names of candidates and the words "yes" and "no" for 31.22ballot questions must be printed as close to their corresponding vote targets as possible. 31.23The line on an optical scan ballot for write-in votes must contain the words "write-in, 31.24if any." 31.25If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the 31.26instructions to voters must include a statement that reads substantially as follows: "THIS 31.27BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN 31.28BALLOT. ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR 31.29CANDIDATES OF ONE POLITICAL PARTY ONLY." new text begin "This ballot card contains a new text end 31.30new text begin partisan ballot and a nonpartisan ballot. On the partisan ballot you are permitted to vote for new text end 31.31new text begin candidates of one political party only." new text end If a primary ballot contains political party columns 31.32on both sides of the ballot, the instructions to voters must include a statement that reads 31.33substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE PRINTED ON 31.34THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE POLITICAL PARTY ONLY." 31.35new text begin "Additional political parties are printed on the other side of this ballot. Vote for one new text end 32.1new text begin political party only." new text end At the bottom of each political party column on the primary ballot, 32.2the ballot must contain a statement that reads substantially as follows: "CONTINUE 32.3VOTING ON THE NONPARTISAN BALLOT." new text begin "Continue voting on the nonpartisan new text end 32.4new text begin ballot." new text end The instructions in section 204D.08, subdivision 4, do not apply to optical scan 32.5partisan primary ballots. Electronic ballot displays and audio ballot readers must follow 32.6the order of offices and questions on the optical scan or paper ballot used in the same 32.7precinct, or the sample ballot posted for that precinct. 32.8    Sec. 52. Minnesota Statutes 2014, section 209.021, subdivision 2, is amended to read: 32.9    Subd. 2. Notice filed with court. If the contest relates to a nomination or 32.10election for statewide office, the contestant shall file the notice of contest with the court 32.11administrator of District Court in Ramsey County. For contests relating to any other office, 32.12the contestant shall file the notice of contest with the court administrator of district court 32.13in the county where the contestee resides. 32.14If the contest relates to a constitutional amendment or other question voted on 32.15statewide, the contestant shall file the notice of contest with the court administrator 32.16of District Court in Ramsey County. If the contest relates to any other question, the 32.17contestant shall file the notice of contest with the court administrator of district court for 32.18the county or any one of the counties where the question appeared on the ballot. 32.19    Sec. 53. Minnesota Statutes 2014, section 209.021, subdivision 3, is amended to read: 32.20    Subd. 3. Notice served on parties. In all contests relating to the nomination or 32.21election of a candidate, the notice of contest must be served on the candidate who is 32.22the contestee, a copy of the notice must be sent to the contestee's last known address 32.23by certified mail, and a copy must be furnished to the official authorized to issue the 32.24certificate of election. If personal or substituted service on the contestee cannot be made, 32.25an affidavit of the attempt by the person attempting to make service and the affidavit of 32.26the person who sent a copy of the notice to the contestee by certified mail is sufficient to 32.27confer jurisdiction upon the court to decide the contest. 32.28If the contest relates to a constitutional amendment or other question voted on 32.29statewide or voted on in more than one county, notice of contest must be served on the 32.30secretary of state, who is the contestee. If a contest relates to a question voted on within 32.31only one county, school district, or municipality, a copy of the notice of contest must be 32.32served on the county auditor, clerk of the school district, or municipal clerk, respectively, 32.33who is the contestee. If the contest is upon the question of consolidation or reorganization 33.1of a school district, a copy of the notice of contest must be served on the county auditor 33.2authorized by law to issue the order. 33.3    Sec. 54. Minnesota Statutes 2014, section 209.09, subdivision 2, is amended to read: 33.4    Subd. 2. Statewide offices and questions. Section 209.10, subdivision 4, applies to 33.5a contest regarding a statewide office, new text begin ornew text end a constitutional amendment, or other question 33.6voted on statewide. A copy of the Supreme Court's decision must be forwarded to the 33.7contestant and the contestee. 33.8    Sec. 55. Minnesota Statutes 2014, section 365.22, subdivision 2, is amended to read: 33.9    Subd. 2. Questions, ballot details. The questions to be voted on must be separately 33.10stated on the ballots, as worded in section 365.21. Two squaresnew text begin ovals or similar target new text end 33.11new text begin shapesnew text end , one above the other, must be put just below each question with the word "yes" 33.12beside the upper squarenew text begin target shapenew text end and the word "no" beside the lower squarenew text begin target shapenew text end . 33.13    Sec. 56. Minnesota Statutes 2014, section 365.22, subdivision 3, is amended to read: 33.14    Subd. 3. Voting. An elector must vote separately on each question for the elector's 33.15vote to be counted on that question. To vote "yes" on a question, the elector shall mark an 33.16"X" in the squarenew text begin fill in the oval or similar target shapenew text end beside the word "yes" just below 33.17the question. To vote "no" on a question, the elector shall mark an "X" in the squarenew text begin fill in new text end 33.18new text begin the oval or similar target shapenew text end beside the word "no" just below the question. 33.19    Sec. 57. Minnesota Statutes 2014, section 367.31, subdivision 4, is amended to read: 33.20    Subd. 4. Election; form of ballot. The proposals for adoption of the options shall 33.21be stated on the ballot substantially as follows: 33.22"Shall option A, providing for a five-member town board of supervisors, be adopted 33.23for the government of the town?" 33.24"Shall option B, providing for the appointment of the clerk and treasurer by the town 33.25board, be adopted for the government of the town?" 33.26"Shall option C, providing for the appointment of a town administrator by the town 33.27board, be adopted for the government of the town?" 33.28"Shall option D, providing for combining the offices of clerk and treasurer, be 33.29adopted for the government of the town?" 33.30If a proposal under option B is to appoint only the clerk or only the treasurer, or if it 33.31is to appoint the combined clerk-treasurer following the adoption of option D or when 33.32submitted simultaneously with the ballot question for option D, the ballot question shall be 34.1varied to read appropriately. If an option B ballot question is submitted for the combined 34.2clerk-treasurer office at the same election in which option D is also on the ballot, the 34.3ballot must note that the approval of option B is contingent on the simultaneous approval 34.4of option D. In any of these cases, the question shall be followed by the words "Yes" 34.5and "No" with an appropriate squarenew text begin oval or similar target shapenew text end before each in which 34.6an elector may record a choice. 34.7    Sec. 58. Minnesota Statutes 2014, section 368.85, subdivision 4, is amended to read: 34.8    Subd. 4. Ballot. The town board shall provide ballots which shall read "Shall 34.9the territory described in the resolution adopted by the town board on the ......... day of 34.10............., ......., constitute a special fire protection district?" The question shall be followed 34.11with a line with the word "Yes" and a squarenew text begin an oval or similar target shapenew text end after it and 34.12another line with the word "No" and a squarenew text begin an oval or similar target shapenew text end after it. The 34.13voters shall indicate their choice by placing a cross mark in one of the squaresnew text begin target new text end 34.14new text begin shapesnew text end , and a direction to so indicate their choice shall be printed on the ballot. 34.15    Sec. 59. Minnesota Statutes 2014, section 376.04, is amended to read: 34.16376.04 ELECTION, SEPARATE BALLOT. 34.17The question of purchasing and constructing hospital buildings shall be submitted 34.18to the voters of any county at a general election and placed upon a separate ballot. This 34.19election must be called by a resolution of the county board. The resolution must state the 34.20time of the election, that a county hospital is proposed to be established, the proposed 34.21location, and the cost, including equipment, for not more than the amount stated in the 34.22resolution. When the resolutions are passed, the county auditor shall immediately notify 34.23each town or city clerk in the county that the question of constructing hospital buildings 34.24will be voted upon at the time stated in the resolution, in the manner provided under the 34.25state election laws. 34.26The ballot must be in the following form: 34.27"For the purchase and construction of hospital buildings, including equipment, to 34.28be located at ............... (state location), at a cost not more than .............. (state amount), 34.29pursuant to the resolution of the board of county commissioners passed .................. (state 34.30date). 34.31 Yes ..... 34.32 No ..... "
34.33new text begin To the left of new text end each of the last two words, "yes" and "no," shall be followed by a 34.34square in which the voter may indicate by a mark (X) either a negative or affirmative vote 35.1new text begin printed an oval or similar target shape so that the voter may indicate by a mark either a new text end 35.2new text begin negative or affirmative votenew text end . These votes shall be cast in the same manner as votes cast at 35.3the general election and counted by the same officers. Returns must be made to the county 35.4auditor, and canvassed in the same manner as the returns on county officers. 35.5    Sec. 60. Minnesota Statutes 2014, section 412.551, subdivision 2, is amended to read: 35.6    Subd. 2. Form of ballot. The proposals for the adoption of optional plans shall be 35.7stated on the ballot substantially as follows: 35.8"Shall Optional Plan A, modifying the standard plan of city government by 35.9providing for the appointment by the council of the clerk and treasurer be adopted for the 35.10government of the city?" 35.11"Shall Optional Plan B, providing for the council-manager form of city government, 35.12be adopted for the government of the city?" 35.13If the city has combined the offices of clerk and treasurer, the word "clerk-treasurer" 35.14shall be substituted for the words "clerk and treasurer" in the question on the ballot on 35.15adoption of Optional Plan A. In any of these cases, the question shall be followed by the 35.16words, "Yes" and "No" with an appropriate square before each in which a voter may 35.17record a choicenew text begin oval or similar target shape to the left of each word so that the voter may new text end 35.18new text begin indicate by a mark either a negative or affirmative votenew text end . 35.19    Sec. 61. new text begin ELECTIONS EMERGENCY PLANNING TASK FORCE.new text end 35.20    new text begin Subdivision 1.new text end new text begin Membership.new text end new text begin (a) The Elections Emergency Planning Task Force new text end 35.21new text begin consists of the following members:new text end 35.22new text begin (1) the director of the Department of Public Safety, Division of Homeland Security new text end 35.23new text begin and Emergency Management, or designee;new text end 35.24new text begin (2) the secretary of state, or designee;new text end 35.25new text begin (3) one individual designated by the secretary of state, from the elections division in new text end 35.26new text begin the Office of the Secretary of State;new text end 35.27new text begin (4) one individual appointed by the Minnesota State Council on Disability;new text end 35.28new text begin (5) the Minnesota Adjutant General, or designee;new text end 35.29new text begin (6) one county auditor, appointed by the Minnesota Association of County Officers;new text end 35.30new text begin (7) one local professional emergency manager, appointed by the Association of new text end 35.31new text begin Minnesota Emergency Managers;new text end 35.32new text begin (8) one town election official, appointed by the Minnesota Association of Townships;new text end 35.33new text begin (9) one city election official, appointed by the League of Minnesota Cities;new text end 36.1new text begin (10) one school district election official, appointed by the Minnesota School Boards new text end 36.2new text begin Association;new text end 36.3new text begin (11) one representative appointed by the speaker of the house of representatives;new text end 36.4new text begin (12) one representative appointed by the minority leader of the house of new text end 36.5new text begin representatives;new text end 36.6new text begin (13) one senator appointed by the senate majority leader; andnew text end 36.7new text begin (14) one senator appointed by the senate minority leader.new text end 36.8new text begin (b) Any vacancy shall be filled by appointment of the appointing authority for the new text end 36.9new text begin vacating member.new text end 36.10new text begin (c) Members shall be appointed by July 1, 2015.new text end 36.11    new text begin Subd. 2.new text end new text begin Duties.new text end new text begin The task force must research the following issues:new text end 36.12new text begin (1) potential emergency scenarios that could impact elections;new text end 36.13new text begin (2) current capacity and authority to address emergency situations;new text end 36.14new text begin (3) potential direct and indirect costs of an emergency that disrupts elections;new text end 36.15new text begin (4) maintaining ballot security in event of an emergency;new text end 36.16new text begin (5) continuity of operations procedures; andnew text end 36.17new text begin (6) communications plans and key emergency contacts.new text end 36.18    new text begin Subd. 3.new text end new text begin First meeting; chair.new text end new text begin The secretary of state, or the secretary's designee, new text end 36.19new text begin must convene the initial meeting of the task force by August 1, 2015. The members of new text end 36.20new text begin the task force must elect a chair and vice-chair from the members of the task force at the new text end 36.21new text begin first meeting.new text end 36.22    new text begin Subd. 4.new text end new text begin Compensation.new text end new text begin Public members of the task force shall be compensated new text end 36.23new text begin pursuant to Minnesota Statutes, section 15.059, subdivision 3.new text end 36.24    new text begin Subd. 5.new text end new text begin Staff.new text end new text begin The Legislative Coordinating Commission shall provide staff new text end 36.25new text begin support, as needed, to facilitate the task force's work.new text end 36.26    new text begin Subd. 6.new text end new text begin Report.new text end new text begin The task force must submit a report by January 1, 2016, to the new text end 36.27new text begin chairs and ranking minority members of the committees in the senate and house of new text end 36.28new text begin representatives with primary jurisdiction over elections, summarizing its findings and new text end 36.29new text begin listing recommendations for the development of elections emergency plans statewide. The new text end 36.30new text begin report shall include draft legislation to implement the recommendations of the task force.new text end 36.31    new text begin Subd. 7.new text end new text begin Sunset.new text end new text begin The task force shall sunset the day following the submission of the new text end 36.32new text begin report under subdivision 6, or January 1, 2016, whichever is earlier.new text end 36.33new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 37.1    Sec. 62. new text begin APPROPRIATION.new text end 37.2new text begin $22,000 is appropriated from the general fund to the Legislative Coordinating new text end 37.3new text begin Commission in fiscal year 2016 for the purposes of the Elections Emergency Planning new text end 37.4new text begin Task Force established in section 56.new text end 37.5    Sec. 63. new text begin REPEALER.new text end 37.6new text begin Minnesota Statutes 2014, sections 123B.09, subdivision 5; 204B.14, subdivision 6; new text end 37.7new text begin 204C.13, subdivision 4; 204C.30, subdivision 1; and 383A.555,new text end new text begin are repealed.new text end 37.8ARTICLE 2 37.9UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT 37.10    Section 1. Minnesota Statutes 2014, section 204B.07, subdivision 2, is amended to read: 37.11    Subd. 2. Petitions for presidential electorsnew text begin and alternatesnew text end . This subdivision 37.12does not apply to candidates for presidential electornew text begin or alternatenew text end nominated by major 37.13political parties. Major party candidates for presidential electornew text begin or alternatenew text end are certified 37.14under section 208.03. Other presidential electorsnew text begin or alternatesnew text end are nominated by petition 37.15pursuant to this section. On petitions nominating presidential electorsnew text begin or alternatesnew text end , the 37.16names of the candidates for president and vice-president shall be added to the political 37.17party or political principle stated on the petition. One petition may be filed to nominate a 37.18slate of presidential electors equal in number to the number of electors to which the state 37.19is entitlednew text begin and an alternate for each elector nomineenew text end . 37.20    Sec. 2. Minnesota Statutes 2014, section 208.02, is amended to read: 37.21208.02 ELECTION OF PRESIDENTIAL ELECTORSnew text begin AND ALTERNATESnew text end . 37.22Presidential electorsnew text begin and alternatesnew text end shall be chosen at the state general election held 37.23in the year preceding the expiration of the term of the president of the United States. 37.24    Sec. 3. Minnesota Statutes 2014, section 208.03, is amended to read: 37.25208.03 NOMINATION OF PRESIDENTIAL ELECTORSnew text begin AND new text end 37.26new text begin ALTERNATESnew text end . 37.27Presidential electorsnew text begin and alternatesnew text end for the major political parties of this state shall be 37.28nominated by delegate conventions called and held under the supervision of the respective 37.29state central committees of the parties of this state. At least 71 days before the general 37.30election day the chair of the major political party shall certify to the secretary of state 37.31the names of the persons nominated as presidential electors, the names of eightnew text begin persons new text end 37.32new text begin nominated asnew text end alternate presidential electors, and the names of the party candidates for 38.1president and vice president. The chair shall also certify that the party candidates for 38.2president and vice president have no affidavit on file as a candidate for any office in 38.3this state at the ensuing general election. 38.4    Sec. 4. Minnesota Statutes 2014, section 208.06, is amended to read: 38.5208.06 ELECTORSnew text begin AND ALTERNATESnew text end TO MEET AT STATE CAPITOL; 38.6FILLING OF VACANCIES. 38.7The presidential electors and alternate presidential electors, before 12:00 M. on the 38.8day before that fixed by Congress for the electors to vote for president and vice president 38.9of the United States, shall notify the governor that they are at the State Capitol and ready 38.10at the proper time to fulfill their duties as electors. The governor shall deliver to the 38.11electors present a certificate of the names of all the electors. If any elector named therein 38.12fails to appear before 9:00 a.m. on the day, and at the place, fixed for voting for president 38.13and vice president of the United States, an alternate, chosen from among the alternates by 38.14lot, shall be appointed to act for that elector. If more than eight alternates are necessary, 38.15the electors present shall, in the presence of the governor, immediately elect by ballot a 38.16person to fill the vacancy. If more than the number of persons required have the highest 38.17and an equal number of votes, the governor, in the presence of the electors attending, shall 38.18decide by lot which of those persons shall be electednew text begin The electors shall meet at 12:00 p.m. new text end 38.19new text begin in the executive chamber of the State Capitol and shall perform all the duties imposed new text end 38.20new text begin upon them as electors by the Constitution and laws of the United States and this state new text end 38.21new text begin in the manner provided in section 208.46new text end . 38.22    Sec. 5. new text begin [208.40] SHORT TITLE.new text end 38.23new text begin Sections 208.40 to 208.48 may be cited as the "Uniform Faithful Presidential new text end 38.24new text begin Electors Act."new text end 38.25    Sec. 6. new text begin [208.41] DEFINITIONS.new text end 38.26new text begin (a) The definitions in this section apply to sections 208.40 to 208.48.new text end 38.27new text begin (b) "Cast" means accepted by the secretary of state in accordance with section new text end 38.28new text begin 208.46, paragraph (b).new text end 38.29new text begin (c) "Elector" means an individual selected as a presidential elector under this chapter.new text end 38.30new text begin (d) "President" means the president of the United States.new text end 38.31new text begin (e) "Unaffiliated presidential candidate" means a candidate for president who new text end 38.32new text begin qualifies for the general election ballot in this state by means other than nomination by a new text end 38.33new text begin political party.new text end 39.1new text begin (f) "Vice president" means the vice president of the United States.new text end 39.2    Sec. 7. new text begin [208.42] DESIGNATION OF STATE'S ELECTORS.new text end 39.3new text begin For each elector position in this state, a political party contesting the position, or new text end 39.4new text begin an unaffiliated presidential candidate, shall submit to the secretary of state the names of new text end 39.5new text begin two qualified individuals. One of the individuals must be designated "elector nominee" new text end 39.6new text begin and the other "alternate elector nominee."new text end 39.7new text begin Except as otherwise provided in sections 208.44 to 208.47, this state's electors are new text end 39.8new text begin the winning elector nominees under the laws of this state.new text end 39.9    Sec. 8. new text begin [208.43] PLEDGE.new text end 39.10new text begin Each elector nominee and alternate elector nominee of a political party shall execute new text end 39.11new text begin the following pledge: "If selected for the position of elector, I agree to serve and to mark new text end 39.12new text begin my ballots for president and vice president for the nominees for those offices of the party new text end 39.13new text begin that nominated me." Each elector nominee and alternate elector nominee of an unaffiliated new text end 39.14new text begin presidential candidate shall execute the following pledge: "If selected for the position new text end 39.15new text begin of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and new text end 39.16new text begin to mark my ballots for that candidate and for that candidate's vice-presidential running new text end 39.17new text begin mate." The executed pledges must accompany the submission of the corresponding names new text end 39.18new text begin to the secretary of state.new text end 39.19    Sec. 9. new text begin [208.44] CERTIFICATION OF ELECTORS.new text end 39.20new text begin In submitting this state's certificate of ascertainment as required by United States new text end 39.21new text begin Code, title 3, section 6, the governor shall certify this state's electors and state in the new text end 39.22new text begin certificate that:new text end 39.23new text begin (1) the electors will serve as electors unless a vacancy occurs in the office of elector new text end 39.24new text begin before the end of the meeting at which elector votes are cast, in which case a substitute new text end 39.25new text begin elector will fill the vacancy; andnew text end 39.26new text begin (2) if a substitute elector is appointed to fill a vacancy, the governor will submit an new text end 39.27new text begin amended certificate of ascertainment stating the names on the final list of this state's new text end 39.28new text begin electors.new text end 39.29    Sec. 10. new text begin [208.45] PRESIDING OFFICER; ELECTOR VACANCY.new text end 39.30new text begin (a) The secretary of state shall preside at the meeting of electors described in section new text end 39.31new text begin 208.06.new text end 40.1new text begin (b) The position of an elector not present to vote is vacant. The secretary of state new text end 40.2new text begin shall appoint an individual as a substitute elector to fill a vacancy as follows:new text end 40.3new text begin (1) if the alternate elector is present to vote, by appointing the alternate elector new text end 40.4new text begin for the vacant position;new text end 40.5new text begin (2) if the alternate elector for the vacant position is not present to vote, by appointing new text end 40.6new text begin an elector chosen by lot from among the alternate electors present to vote who were new text end 40.7new text begin nominated by the same political party or unaffiliated presidential candidate;new text end 40.8new text begin (3) if the number of alternate electors present to vote is insufficient to fill any new text end 40.9new text begin vacant position pursuant to clauses (1) and (2), by appointing any immediately available new text end 40.10new text begin individual who is qualified to serve as an elector and chosen through nomination by a new text end 40.11new text begin plurality vote of the remaining electors, including nomination and vote by a single elector new text end 40.12new text begin if only one remains;new text end 40.13new text begin (4) if there is a tie between at least two nominees for substitute elector in a vote new text end 40.14new text begin conducted under clause (3), by appointing an elector chosen by lot from among those new text end 40.15new text begin nominees; ornew text end 40.16new text begin (5) if all elector positions are vacant and cannot be filled pursuant to clauses (1) to new text end 40.17new text begin (4), by appointing a single presidential elector, with remaining vacant positions to be filled new text end 40.18new text begin under clause (3) and, if necessary, clause (4).new text end 40.19new text begin (c) To qualify as a substitute elector under paragraph (b), an individual who has not new text end 40.20new text begin executed the pledge required under section 208.43 shall execute the following pledge: "I new text end 40.21new text begin agree to serve and to mark my ballots for president and vice president consistent with the new text end 40.22new text begin pledge of the individual to whose elector position I have succeeded."new text end 40.23    Sec. 11. new text begin [208.46] ELECTOR VOTING.new text end 40.24new text begin (a) At the time designated for elector voting in section 208.06, and after all vacant new text end 40.25new text begin positions have been filled under section 208.45, the secretary of state shall provide each new text end 40.26new text begin elector with a presidential and a vice-presidential ballot. The elector shall mark the new text end 40.27new text begin elector's presidential and vice-presidential ballots with the elector's votes for the offices new text end 40.28new text begin of president and vice president, respectively, along with the elector's signature and the new text end 40.29new text begin elector's legibly printed name.new text end 40.30new text begin (b) Except as otherwise provided by law of this state other than this chapter, each new text end 40.31new text begin elector shall present both completed ballots to the secretary of state, who shall examine new text end 40.32new text begin the ballots and accept as cast all ballots of electors whose votes are consistent with their new text end 40.33new text begin pledges executed under section 208.43 or 208.45, paragraph (c). Except as otherwise new text end 40.34new text begin provided by law of this state other than this chapter, the secretary of state may not accept new text end 41.1new text begin and may not count either an elector's presidential or vice-presidential ballot if the elector new text end 41.2new text begin has not marked both ballots or has marked a ballot in violation of the elector's pledge.new text end 41.3new text begin (c) An elector who refuses to present a ballot, presents an unmarked ballot, or new text end 41.4new text begin presents a ballot marked in violation of the elector's pledge executed under section 208.43 new text end 41.5new text begin or 208.45, paragraph (c), vacates the office of elector, creating a vacant position to be new text end 41.6new text begin filled under section 208.45.new text end 41.7new text begin (d) The secretary of state shall distribute ballots to and collect ballots from a new text end 41.8new text begin substitute elector and repeat the process under this section of examining ballots, declaring new text end 41.9new text begin and filling vacant positions as required, and recording appropriately completed ballots from new text end 41.10new text begin the substituted electors, until all of this state's electoral votes have been cast and recorded.new text end 41.11    Sec. 12. new text begin [208.47] ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES.new text end 41.12new text begin (a) After the vote of this state's electors is completed, if the final list of electors new text end 41.13new text begin differs from any list that the governor previously included on a certificate of ascertainment new text end 41.14new text begin prepared and transmitted under United States Code, title 3, section 6, the secretary of state new text end 41.15new text begin immediately shall prepare an amended certificate of ascertainment and transmit it to new text end 41.16new text begin the governor for the governor's signature.new text end 41.17new text begin (b) The governor immediately shall deliver the signed amended certificate of new text end 41.18new text begin ascertainment to the secretary of state and a signed duplicate original of the amended new text end 41.19new text begin certificate of ascertainment to all individuals entitled to receive this state's certificate of new text end 41.20new text begin ascertainment, indicating that the amended certificate of ascertainment is to be substituted new text end 41.21new text begin for the certificate of ascertainment previously submitted.new text end 41.22new text begin (c) The secretary of state shall prepare a certificate of vote. The electors on the final new text end 41.23new text begin list shall sign the certificate. The secretary of state shall process and transmit the signed new text end 41.24new text begin certificate with the amended certificate of ascertainment under United States Code, title new text end 41.25new text begin 3, sections 9, 10, and 11.new text end 41.26    Sec. 13. new text begin [208.48] UNIFORMITY OF APPLICATION AND CONSTRUCTION.new text end 41.27new text begin In applying and construing sections 208.40 to 208.48, consideration must be given new text end 41.28new text begin to the need to promote uniformity of the law with respect to their subject matter among new text end 41.29new text begin states that enact the Uniform Faithful Presidential Electors Act or similar law.new text end 41.30    Sec. 14. Minnesota Statutes 2014, section 209.01, subdivision 2, is amended to read: 41.31    Subd. 2. Statewide office. For purposes of this chapternew text begin ,new text end "statewide office" means the 41.32office of governor, lieutenant governor, attorney general, state auditor, secretary of state, 42.1chief justice or associate justice of the Supreme Court, judge of the Court of Appeals, 42.2United States senator, or presidential electornew text begin or alternatenew text end . 42.3    Sec. 15. new text begin REPEALER.new text end 42.4new text begin Minnesota Statutes 2014, sections 208.07; and 208.08,new text end new text begin are repealed.new text end " 42.5Delete the title and insert: 42.6"A bill for an act 42.7relating to elections; modifying various provisions related to the administration 42.8of elections, including provisions related to school boards, voters, ballots, 42.9registration, violations, absentee ballots, candidates, vacancies, election 42.10judges, recounts, precincts, and filing fees; modifying military and overseas 42.11absentee voting provisions; providing and modifying definitions; establishing 42.12the Election Emergency Planning Task Force; providing the Uniform Faithful 42.13Presidential Electors Act; making various technical and conforming changes; 42.14appropriating money;amending Minnesota Statutes 2014, sections 123B.09, 42.15subdivision 1, by adding a subdivision; 200.02, subdivisions 7, 23, by adding 42.16subdivisions; 201.071, subdivision 1; 201.158; 201.275; 203B.01, subdivision 3; 42.17203B.07, subdivision 1; 203B.08, subdivisions 1, 3; 203B.121, subdivision 2; 42.18203B.16, subdivisions 1, 2; 203B.17, subdivisions 1, 2; 204B.06, subdivision 1b; 42.19204B.07, subdivision 2; 204B.13, subdivisions 1, 2, 5; 204B.131, subdivision 1; 42.20204B.19, subdivisions 2, 6; 204B.36, subdivisions 1, 2, 3, 4; 204B.44; 204B.45, 42.21subdivision 2; 204C.04, subdivision 2; 204C.08, subdivision 1d; 204C.13, 42.22subdivisions 2, 3, 5; 204C.22, subdivisions 3, 4, 7, 10; 204C.35, subdivisions 42.231, 2; 204C.36, subdivisions 1, 2; 204C.40, subdivision 2; 204D.11, subdivision 42.244; 204D.27, subdivision 11; 205.13, subdivision 3; 205A.05, subdivision 1; 42.25206.90, subdivision 6; 208.02; 208.03; 208.06; 209.01, subdivision 2; 209.021, 42.26subdivisions 2, 3; 209.09, subdivision 2; 365.22, subdivisions 2, 3; 367.31, 42.27subdivision 4; 368.85, subdivision 4; 376.04; 412.551, subdivision 2; proposing 42.28coding for new law in Minnesota Statutes, chapters 123B; 208; repealing 42.29Minnesota Statutes 2014, sections 123B.09, subdivision 5; 204B.14, subdivision 42.306; 204C.13, subdivision 4; 204C.30, subdivision 1; 208.07; 208.08; 383A.555." 43.1 We request the adoption of this report and repassage of the bill. 43.2 Senate Conferees: 43.3 ..... ..... 43.4 Katie Sieben Kent Eken 43.5 ..... 43.6 Jim Carlson 43.7 House Conferees: 43.8 ..... ..... 43.9 Tim Sanders Tim O'Driscoll 43.10 ..... 43.11 Jim Nash