SF 3494

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/07/2020 09:01am

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

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

Section 1.

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

Subd. 2.

Instructions.

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

new text begin (b) new text end The instructions must indicate that deleted text begin if deleted text end the voter deleted text begin does not have deleted text end new text begin must provide new text end a valid
Minnesota driver's license or identification card new text begin number new text end , new text begin or new text end the last four digits of the voter's
Social Security number deleted text begin must be provided, unless the voter does not have a Social Security
number deleted text end new text begin , unless the voter has not been issued one of those numbers new text end .

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

Sec. 2.

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

Subd. 3.

Postelection sampling.

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

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

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

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

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

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

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

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

Sec. 3.

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

Subdivision 1.

Application procedures.

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

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

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

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

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

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

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

(2) Minnesota state identification card number;

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

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

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

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

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

Sec. 4.

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

Subdivision 1.

Location; timing.

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

Sec. 5.

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

Subd. 2.

deleted text begin Town elections deleted text end new text begin Voting booth; electronic ballot marker new text end .

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

Sec. 6.

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

Subd. 7.

Names of persons; rejected absentee ballots.

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

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

Sec. 7.

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

Subd. 2.

Duties of ballot board; absentee ballots.

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

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

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

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

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

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

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

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

The deleted text begin return deleted text end new text begin signature new text end envelope from accepted ballots must be preserved and returned to
the county auditor.

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

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

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

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

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

(2) the reason for rejection; and

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

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

Sec. 8.

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

Subd. 4.

Opening of envelopes.

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

Sec. 9.

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

Subdivision 1.

Check of voter eligibility; proper execution of certificate.

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

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

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

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

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

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

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

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

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

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

Sec. 10.

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

Subd. 3.

Write-in candidates.

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

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

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

Sec. 11.

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

Subdivision 1.

Authority; location.

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

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

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

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

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

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

Sec. 12.

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

Subd. 2.

Candidates and offices.

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

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

Sec. 13.

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

Subd. 1a.

Elections; organized town.

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

Sec. 14.

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

Subd. 1b.

Elections; unorganized territory.

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

Sec. 15.

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

Subdivision 1.

Method.

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

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

Sec. 16.

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

204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.

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

Sec. 17.

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

Subd. 3.

State canvass.

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

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

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

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

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

Sec. 18.

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

Subd. 3.

Scope of recount.

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

Sec. 19.

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

Subdivision 1.

Publicly funded recounts.

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

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

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

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

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

Sec. 20.

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

Subd. 4.

State partisan primary ballot; party columns.

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

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

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

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

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

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

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

Sec. 21.

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

Subdivision 1.

Order of offices.

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

Sec. 22.

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

Subd. 5.

Canvass; special primary; state canvassing board new text begin ; contest new text end .

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

Sec. 23.

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

Subd. 9.

Filing by candidates.

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

Sec. 24.

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

Subd. 10.

United States senator; candidates; designation of term.

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

Sec. 25.

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

Subdivision 1.

Contracts required.

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

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

Sec. 26.

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

Subd. 4.

Standard of acceptable performance by voting system.

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

Sec. 27.

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

Subd. 5.

Additional review.

(a) If the postelection review in one of the reviewed precincts
reveals a difference greater than deleted text begin one-half deleted text end new text begin one-quarter new text end of one percent, or greater than two
votes in a precinct where 400 or fewer voters cast ballots, the postelection review official
must, within two days, conduct an additional review of the races indicated in subdivision
3 in at least three precincts in the same jurisdiction where the discrepancy was discovered.
If all precincts in that jurisdiction have been reviewed, the county auditor must immediately
publicly select by lot at least three additional precincts for review. The postelection review
official must complete the additional review within two days after the precincts are selected
and report the results immediately to the county auditor. If the second review in any of the
reviewed precincts also indicates a difference in the vote totals compiled by the voting
system that is greater than deleted text begin one-half deleted text end new text begin one-quarter new text end of one percent from the result indicated by
the postelection review, or greater than two votes in a precinct where 400 or fewer voters
cast ballots, the county auditor must conduct a review of the ballots from all the remaining
precincts in the county for the races indicated in subdivision 3. This review must be
completed and the results must be reported to the secretary of state within one week after
the second review was completed.

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

Sec. 28.

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

Subd. 6.

Ballots.

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

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

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

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

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

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

Sec. 29.

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

208.03 NOMINATION OF PRESIDENTIAL ELECTORS AND ALTERNATES.

Presidential electors and alternates for the major political parties of this state shall be
nominated by delegate conventions called and held under the supervision of the respective
state central committees of the parties of this state. At least deleted text begin 71 deleted text end new text begin 67 new text end days before the general
election day the chair of the major political party shall certify to the secretary of state the
names of the persons nominated as presidential electors, the names of persons nominated
as alternate presidential electors, and the names of the party candidates for president and
vice president. The chair shall also certify that the party candidates for president and vice
president have no affidavit on file as a candidate for any office in this state at the ensuing
general election.

Sec. 30.

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

Subdivision 1.

Soliciting near polling places.

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

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

Sec. 31.

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

Subdivision 1.

Requirement, fee.

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

Sec. 32.

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

Subd. 2a.

Vacancy.

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

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

Sec. 33.

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

Subd. 5. Elections

10,580,000

3,909,000

Of these amounts, $7,000,000 the first year is
for election equipment grants under Minnesota
Statutes, section 206.95. This appropriation is
available until June 30, deleted text begin 2020 deleted text end new text begin 2021 new text end .

new text begin EFFECTIVE DATE. new text end

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