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HF 89

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/27/2011 04:43pm

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

Bill Text Versions

Engrossments
Introduction Posted on 01/13/2011
1st Engrossment Posted on 02/14/2011
2nd Engrossment Posted on 03/03/2011
3rd Engrossment Posted on 04/27/2011

Current Version - 3rd Engrossment

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A bill for an act
relating to elections; requiring voters to provide picture identification before
receiving a ballot; providing for the issuance of voter identification cards at
no charge; changing certain canvassing deadlines; requiring certain notice;
establishing a procedure for provisional balloting; appropriating money;
amending Minnesota Statutes 2010, sections 171.07, subdivisions 4, 9, by
adding a subdivision; 201.061, subdivision 3; 201.12, subdivision 1; 201.221,
subdivision 3; 204C.10; 204C.12, subdivision 3; 204C.32; 204C.33, subdivision
1; 204C.37; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03,
subdivision 4; 205A.10, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapters 200; 201; 204C.

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

Section 1.

Minnesota Statutes 2010, section 171.07, is amended by adding a
subdivision to read:


new text begin Subd. 3b. new text end

new text begin Voter identification cards. new text end

new text begin (a) The Department of Public Safety shall
provide a Minnesota voter identification card to any applicant who is eligible to vote
in Minnesota and who does not possess a valid Minnesota driver's license or state
identification card. The department may not require the applicant to pay a fee for issuance
of a card. A state-subsidized voter identification card may only be applied for at a
driver's licensing facility operated by the Division of Driver and Vehicle Services. Upon
application for a state-subsidized voter identification card, including upon application
for a renewal, duplicate card, or when a new card is required as a result of a change of
address, an applicant must present verification that the applicant is at least 18 years of
age, is a citizen of the United States, and will have maintained residence in Minnesota for
at least 20 days immediately preceding the next election.
new text end

new text begin (b) A voter identification card must bear a distinguishing number assigned to the
applicant, a color photograph or an electronically produced image of the applicant, the
applicant's full name and date of birth, the applicant's address of residence, a description
of the applicant in the manner the commissioner deems necessary, and the usual signature
of the applicant.
new text end

new text begin (c) A voter identification card shall not be valid identification for purposes unrelated
to voting in Minnesota.
new text end

new text begin (d) A voter identification card must be of a different color scheme than a Minnesota
driver's license or state identification card, but must incorporate the same information and
security features as provided in subdivision 9.
new text end

new text begin (e) Each voter identification card must be plainly marked: "Voter Identification ?
Not a drivers license. Valid Identification Only for Voting."
new text end

Sec. 2.

Minnesota Statutes 2010, section 171.07, subdivision 4, is amended to read:


Subd. 4.

Expiration.

(a) Except as otherwise provided in this subdivision,
the expiration date of Minnesota identification cards new text beginand voter identification cards new text endof
applicants under the age of 65 shall be the birthday of the applicant in the fourth year
following the date of issuance of the card.

(b) Minnesota identification cardsnew text begin and voter identification cardsnew text end issued to applicants
age 65 or over shall be valid for the lifetime of the applicant.

(c) The expiration date for an Under-21 identification card is the cardholder's 21st
birthday. The commissioner shall issue an identification card to a holder of an Under-21
identification card who applies for the card, pays the required fee, and presents proof of
identity and age, unless the commissioner determines that the applicant is not qualified
for the identification card.

Sec. 3.

Minnesota Statutes 2010, section 171.07, subdivision 9, is amended to read:


Subd. 9.

Improved security.

deleted text beginThe commissioner shall develop newdeleted text end Drivers'
licenses deleted text beginanddeleted text endnew text begin,new text end identification cards, deleted text beginto be issued beginning January 1, 1994, thatdeleted text endnew text begin and voter
identification cards
new text end must be as impervious to alteration as is reasonably practicable in their
design and quality of material and technology. The driver's license security laminate
shall be made from materials not readily available to the general public. The design and
technology employed must enable the driver's license and identification card to be subject
to two or more methods of visual verification capable of clearly indicating the presence
of tampering or counterfeiting. The driver's license and identification card must not be
susceptible to reproduction by photocopying or simulation and must be highly resistant
to data or photograph substitution and other tampering.

Sec. 4.

new text begin [200.035] DOCUMENTATION OF IDENTITY AND RESIDENCE.
new text end

new text begin The following are sufficient proof of identity and residence for purposes of election
day voter registration under section 201.061, subdivision 3, and for determining whether
to count a provisional ballot under section 204C.135, subdivision 2:
new text end

new text begin (1) a current, valid driver's license, state identification card, or voter identification
card issued to the voter by the Department of Public Safety that contains the voter's current
address of residence in the precinct;
new text end

new text begin (2) an identification card issued to the voter by the tribal government of a tribe
recognized by the Bureau of Indian Affairs that contains a photograph of the voter, the
voter's current address of residence in the precinct, and any other items of data required to
be contained on a Minnesota identification card, as provided in section 171.07, subdivision
3, paragraphs (a) and (b);
new text end

new text begin (3) an original receipt for a new, renewed, or updated driver's license, state
identification card, or voter identification card issued to the voter under section 171.07
that contains the voter's current address of residence in the precinct along with one of the
following documents, provided that it contains a photograph of the voter:
new text end

new text begin (i) a driver's license or identification card that is expired, invalidated, or does
not contain the voter's current address of residence, issued to the voter by the state of
Minnesota or any other state or territory of the United States;
new text end

new text begin (ii) a United States passport issued to the voter;
new text end

new text begin (iii) an identification card issued by a branch, department, agency, entity, or
subdivision of Minnesota or the federal government;
new text end

new text begin (iv) an identification card issued by an accredited postsecondary institution with
a campus located within Minnesota, if a list of students from that institution has been
prepared under section 135A.17 and certified to the county auditor in the manner provided
in rules of the secretary of state; or
new text end

new text begin (v) an identification card issued to the voter by the tribal government of a tribe
recognized by the Bureau of Indian Affairs;
new text end

new text begin (4) if the voter resides in a shelter facility designated for battered women, as defined
in section 611A.37, subdivision 4, a driver's license or identification card issued to the
voter by the Department of Public Safety that contains the voter's photograph and address
of residence prior to seeking the services of the shelter facility, along with a certification
of residence in the facility, signed by the facility's administrator on a form prescribed by
the secretary of state; or
new text end

new text begin (5) a driver's license or identification card issued by Minnesota or any other state or
territory of the United States that does not contain the voter's current address of residence,
if the voter is a student and either:
new text end

new text begin (i) the voter's name and address of residence is included on a residential housing list
certified to the county auditor for use in that precinct under section 135A.17, subdivision
2; or
new text end

new text begin (ii) the voter presents a current student fee statement, issued to the voter, that
contains the voter's valid address of residence in the precinct.
new text end

Sec. 5.

new text begin [201.017] STATE-SUBSIDIZED VOTER IDENTIFICATION CARD
ACCOUNT.
new text end

new text begin A state-subsidized voter identification card account is established in the special
revenue fund. Money in the account is appropriated to the Department of Public Safety for
purposes of reimbursing the department for administrative costs providing state-subsidized
voter identification cards to individuals qualifying under section 171.07, subdivision 3b,
provided that the department may not be reimbursed more than $9.85 for each card issued.
The commissioner of public safety must report to the legislature at least monthly by county
on expenditure of funds from this account. A report of the total expenditures by county
must be submitted to the majority and minority members of the house of representatives
and senate committees with oversight in elections by January 31 of each year.
new text end

Sec. 6.

Minnesota Statutes 2010, section 201.061, subdivision 3, is amended to read:


Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may
register on election day by appearing in person at the polling place for the precinct in
which the individual maintains residence, by completing a registration application, making
an oath in the form prescribed by the secretary of state and providing proof ofnew text begin identity andnew text end
residence. An individual may provenew text begin identity andnew text end residence for purposes of registering bydeleted text begin:deleted text endnew text begin
presenting documentation as permitted by section 200.035.
new text end

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

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

deleted text begin (3) presenting one of the following:
deleted text end

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

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

deleted text begin (4) having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee personally knows that the individual is a resident of the precinct. A
voter who has been vouched for on election day may not sign a proof of residence oath
vouching for any other individual on that election day. A voter who is registered to vote in
the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
does not apply to an employee of a residential facility described in this clause. The
secretary of state shall provide a form for election judges to use in recording the number
of individuals for whom a voter signs proof-of-residence oaths on election day. The
form must include space for the maximum number of individuals for whom a voter may
sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
a statement that the voter is registered to vote in the precinct, personally knows that the
individual is a resident of the precinct, and is making the statement on oath. The form must
include a space for the voter's printed name, signature, telephone number, and address.
deleted text end

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

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

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

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

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

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

deleted text begin (e)deleted text endnew text begin (b)new text end A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 7.

Minnesota Statutes 2010, section 201.12, subdivision 1, is amended to read:


Subdivision 1.

Notice of registration.

new text begin(a) new text endTo prevent fraudulent voting and to
eliminate excess names, the county auditor maynew text begin, except where required by paragraph (b),
new text end mail to any registered voter a notice stating the voter's name and address as they appear
in the registration files. The notice shall request the voter to notify the county auditor if
there is any mistake in the information.

new text begin (b) The notice provided in paragraph (a) must be sent upon acceptance of a
registration application from any voter who has not been previously registered to vote
in Minnesota. In addition to the requirements of paragraph (a), the notice sent to a voter
under this paragraph must inform the voter of the requirements for voting in the polling
place, including the photo identification requirements contained in section 204C.10, and
provide information to assist the voter in acquiring a voter identification card, if necessary,
under section 201.017.
new text end

Sec. 8.

Minnesota Statutes 2010, section 201.221, subdivision 3, is amended to read:


Subd. 3.

Procedures for polling place rosters.

The secretary of state shall
prescribe the form of polling place rosters that include the voter's name, address, date of
birth, school district number, and space for the voter's signature. new text beginThe address listed on
the polling place roster must be the voter's address of residence, unless the voter has
requested that the address printed on the roster be the voter's mailing address because the
voter is a judge, law enforcement officer, or corrections officer.
new text endThe secretary of state
may prescribe additional election-related information to be placed on the polling place
rosters on an experimental basis for one state primary and general election cycle; the same
information may not be placed on the polling place roster for a second state primary and
general election cycle unless specified in this subdivision. The polling place roster must
be used to indicate whether the voter has voted in a given election. The secretary of state
shall prescribe procedures for transporting the polling place rosters to the election judges
for use on election day. The secretary of state shall prescribe the form for a county or
municipality to request the date of birth from currently registered voters. The county or
municipality shall not request the date of birth from currently registered voters by any
communication other than the prescribed form and the form must clearly indicate that a
currently registered voter does not lose registration status by failing to provide the date of
birth. In accordance with section 204B.40, the county auditor shall retain the prescribed
polling place rosters used on the date of election for 22 months following the election.

Sec. 9.

Minnesota Statutes 2010, section 204C.10, is amended to read:


204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.

new text begin Subdivision 1. new text end

new text begin Polling place roster. new text end

(a) An individual seeking to vote shall sign a
polling place roster which states that the individual is at least 18 years of age, a citizen
of the United States, has resided in Minnesota for 20 days immediately preceding the
election, maintains residence at the address shown, is not under a guardianship in which
the court order revokes the individual's right to vote, has not been found by a court of
law to be legally incompetent to vote or has the right to vote because, if the individual
was convicted of a felony, the felony sentence has expired or been completed or the
individual has been discharged from the sentence, is registered and has not already voted
in the election. The roster must also state: "I understand that deliberately providing false
information is a felony punishable by not more than five years imprisonment and a fine of
not more than $10,000, or both."

(b) deleted text beginA judge may,deleted text end Before the applicant signs the roster, new text begina judge must: (1) require the
voter to present a photo identification document, as described in subdivision 2; and (2)
new text endconfirm the applicant's name, address, and date of birth.new text begin A voter who cannot produce
sufficient identification as required by subdivision 2 may not sign the polling place roster,
but may cast a provisional ballot as provided in section 204C.135.
new text end

(c) After the applicant signs the roster, the judge shall give the applicant a voter's
receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
voters' receipts must be maintained during the time for notice of filing an election contest.

new text begin Subd. 2. new text end

new text begin Photo identification. new text end

new text begin (a) To satisfy the photo identification requirement
in subdivision 1, a voter must present a valid form of one of the following documents
or sets of documents issued to the voter:
new text end

new text begin (1) a Minnesota driver's license, state identification card, or voter identification card
issued under section 171.07 that contains the voter's current address of residence in the
precinct;
new text end

new text begin (2)(i) an original receipt for a new, renewed, or updated driver's license, state
identification card, or voter identification card issued to the voter under section 171.07 that
contains the voter's current address of residence in the precinct; and
new text end

new text begin (ii) a driver's license or identification card that is expired, invalidated, or does not
contain the voter's current address of residence in the precinct, issued to the voter by the
state of Minnesota or any other state or territory of the United States;
new text end

new text begin (3) an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs that contains a photograph of the voter, the voter's
current address of residence in the precinct, and any other items of data required to be
contained on a Minnesota identification card, as provided in section 171.07, subdivision
3, paragraphs (a) and (b);
new text end

new text begin (4) if the voter resides in a shelter facility designated for battered women, as defined
in section 611A.37, subdivision 4, a driver's license or identification card issued to the
voter by the Department of Public Safety that contains the voter's photograph and address
of residence prior to seeking the services of the shelter facility, along with a certification
of residence in the facility, signed by the facility's administrator on a form prescribed by
the secretary of state; or
new text end

new text begin (5) a driver's license or identification card issued by Minnesota or any other state or
territory of the United States that does not contain the voter's current address of residence,
if the voter is a student and either:
new text end

new text begin (i) the voter's name and address of residence is included on a residential housing list
certified to the county auditor for use in that precinct under section 135A.17, subdivision
2; or
new text end

new text begin (ii) the voter presents a current student fee statement, issued to the voter, that
contains the voter's valid address of residence in the precinct.
new text end

new text begin (b) An identification card presented under this section is not deficient for a lack of
the voter's current address of residence in the precinct if the identification card contains
the mailing address of the voter that matches the address listed on the polling place roster.
new text end

Sec. 10.

Minnesota Statutes 2010, section 204C.12, subdivision 3, is amended to read:


Subd. 3.

Determination of residence.

In determining the legal residence of a
challenged individual, the election judges shall be governed by the principles contained in
section 200.031. If the challenged individual's answers to the questions show ineligibility
to vote in that precinct, the individual shall not be allowed to vote. If the individual has
marked ballots but not yet deposited them in the ballot boxes before the election judges
determine ineligibility to vote in that precinct, the marked ballots shall be placed deleted text beginunopeneddeleted text end
with the spoiled ballots. If the answers to the questions fail to show that the individual is
not eligible to vote in that precinct and the challenge is not withdrawn, the election judges
shall deleted text beginverbally administer the oath on the voter certificate to the individual. After taking
the oath and completing and signing the voter certificate, the challenged individual shall
be allowed to vote
deleted text endnew text begin permit the voter to cast a provisional ballot in the manner provided in
section 204C.135
new text end.

Sec. 11.

new text begin [204C.135] PROVISIONAL BALLOTS.
new text end

new text begin Subdivision 1. new text end

new text begin Casting of provisional ballots. new text end

new text begin (a) The following voters seeking to
vote are entitled to cast a provisional ballot in the manner provided by this section:
new text end

new text begin (1) a voter who is unable to provide proper photo identification as required by
section 204C.10;
new text end

new text begin (2) a voter whose registration status is listed as "challenged" on the polling place
roster; and
new text end

new text begin (3) a voter whose eligibility to vote is challenged as permitted by section 204C.12.
new text end

new text begin (b) A voter seeking to vote a provisional ballot must sign a provisional ballot roster
and complete a provisional ballot envelope. The envelope must contain a space for the
voter to list the voter's name, address of residence, date of birth, voter identification
number, and any other information prescribed by the secretary of state. The voter must
also swear or affirm, in writing, that the voter is eligible to vote, has not voted previously
in the same election, and meets the criteria for registering to vote in the precinct in which
the voter appears.
new text end

new text begin Once the voter has completed the provisional ballot envelope, the voter must be
allowed to cast a provisional ballot. The provisional ballot must be in the same form
as the official ballot available in the precinct on election day. A completed provisional
ballot shall be sealed in a secrecy envelope. The secrecy envelope shall be sealed inside
the voter's provisional ballot envelope and deposited by the voter in a secure, sealed
provisional ballot box. Completed provisional ballots may not be combined with other
voted ballots in the polling place.
new text end

new text begin (c) The form of the secrecy and provisional ballot envelopes shall be prescribed by
the secretary of state. The provisional ballot envelope must be a color other than that
provided for absentee ballot envelopes and must be prominently labeled "Provisional
Ballot Envelope."
new text end

new text begin (d) Provisional ballots and related documentation shall be delivered to and securely
maintained by the county auditor or municipal clerk in the same manner as required for
other election materials under sections 204C.27 and 204C.28.
new text end

new text begin Subd. 2. new text end

new text begin Counting provisional ballots. new text end

new text begin (a) A voter who casts a provisional ballot in
the polling place may personally appear before the county auditor or municipal clerk no
later than seven calendar days following the election to prove that the voter's provisional
ballot should be counted. The county auditor or municipal clerk must count a provisional
ballot in the final certified results from the precinct if:
new text end

new text begin (1) the statewide voter registration system indicates that the voter is eligible to vote
or, if challenged, the voter presents evidence of the voter's eligibility to vote; and
new text end

new text begin (2) the voter presents proof of identity and residence in the precinct in the manner
permitted by section 200.035.
new text end

new text begin (b) If a voter does not appear before the county auditor or municipal clerk within
seven calendar days following the election or otherwise does not satisfy the requirements
of paragraph (a), or if the data listed on the items of identification presented by the voter
does not match the data submitted by the voter on the provisional ballot envelope, the
voter's provisional ballot must not be counted.
new text end

new text begin (c) The county auditor or municipal clerk must notify, in writing, any provisional
voter who does not appear within seven calendar days of the election that the voter's
provisional ballot was not counted because of the voter's failure to appear before the
county auditor or municipal clerk within the time permitted by law to determine whether
the provisional ballot should be counted.
new text end

new text begin Subd. 3. new text end

new text begin Provisional ballots; reconciliation. new text end

new text begin Prior to counting any provisional
ballots in the final vote totals from a precinct, the county auditor must verify that the
number of signatures appearing on the provisional ballot roster from that precinct is equal
to or greater than the number of accepted provisional ballots submitted by voters in the
precinct on election day. Any discrepancy must be resolved before the provisional ballots
from the precinct may be counted. Excess provisional ballots to be counted must be
randomly withdrawn in the manner required by section 204C.20, subdivision 2, after the
period for a voter to appear to prove residence and identity has expired and the ballots to
be counted have been separated from the provisional ballot envelopes.
new text end

Sec. 12.

Minnesota Statutes 2010, section 204C.32, is amended to read:


204C.32 CANVASS OF STATE PRIMARIES.

Subdivision 1.

County canvass.

The county canvassing board shall meet at the
county auditor's office on the deleted text beginthirddeleted text endnew text begin eighthnew text end day following the state primary. After taking the
oath of office, the canvassing board shall publicly canvass the election returns delivered
to the county auditor. The board shall complete the canvass on the deleted text beginthirddeleted text endnew text begin eighthnew text end day
following the state primary and shall promptly prepare and file with the county auditor
a report that states:

(a) the number of individuals voting at the election in the county, and in each
precinct;

(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;

(c) for each major political party, the names of the candidates running for each
partisan office and the number of votes received by each candidate in the county and in
each precinct;

(d) the names of the candidates of each major political party who are nominated; and

(e) the number of votes received by each of the candidates for nonpartisan office in
each precinct in the county and the names of the candidates nominated for nonpartisan
office.

Upon completion of the canvass, the county auditor shall mail or deliver a notice of
nomination to each nominee for county office voted for only in that county. The county
auditor shall transmit one of the certified copies of the county canvassing board report
for state and federal offices to the secretary of state by express mail or similar service
immediately upon conclusion of the county canvass. The secretary of state shall mail a
notice of nomination to each nominee for state or federal office.

Subd. 2.

State canvass.

The State Canvassing Board shall meet at the Secretary of
State's Office deleted text beginsevendeleted text endnew text begin 14new text end days after the state primary to canvass the certified copies of the
county canvassing board reports received from the county auditors. Immediately after
the canvassing board declares the results, the secretary of state shall certify the names of
the nominees to the county auditors. The secretary of state shall mail to each nominee
a notice of nomination.

Sec. 13.

Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:


Subdivision 1.

County canvass.

The county canvassing board shall meet at the
county auditor's office between the deleted text beginthirddeleted text endnew text begin eighthnew text end and deleted text begintenthdeleted text endnew text begin 14thnew text end days following the state
general election. After taking the oath of office, the board shall promptly and publicly
canvass the general election returns delivered to the county auditor. Upon completion of
the canvass, the board shall promptly prepare and file with the county auditor a report
which states:

(a) the number of individuals voting at the election in the county and in each precinct;

(b) the number of individuals registering to vote on election day and the number of
individuals registered before election day in each precinct;

(c) the names of the candidates for each office and the number of votes received by
each candidate in the county and in each precinct;

(d) the number of votes counted for and against a proposed change of county lines
or county seat; and

(e) the number of votes counted for and against a constitutional amendment or other
question in the county and in each precinct.

The result of write-in votes cast on the general election ballots must be compiled by
the county auditor before the county canvass, except that write-in votes for a candidate for
federal, state, or county office must not be counted unless the candidate has timely filed a
request under section 204B.09, subdivision 3. The county auditor shall arrange for each
municipality to provide an adequate number of election judges to perform this duty or the
county auditor may appoint additional election judges for this purpose. The county auditor
may open the envelopes or containers in which the voted ballots have been sealed in order
to count and record the write-in votes and must reseal the voted ballots at the conclusion
of this process. The county auditor must prepare a separate report of votes received by
precinct for write-in candidates for federal, state, and county offices who have requested
under section 204B.09 that votes for those candidates be tallied.

Upon completion of the canvass, the county canvassing board shall declare the
candidate duly elected who received the highest number of votes for each county and state
office voted for only within the county. The county auditor shall transmit a certified
copy of the county canvassing board report for state and federal offices to the secretary
of state by messenger, express mail, or similar service immediately upon conclusion of
the county canvass.

Sec. 14.

Minnesota Statutes 2010, section 204C.37, is amended to read:


204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
STATE.

A copy of the report required by sections 204C.32, subdivision 1, and 204C.33,
subdivision 1
, shall be certified under the official seal of the county auditor. The copy shall
be enclosed in an envelope addressed to the secretary of state, with the county auditor's
name and official address and the words "Election Returns" endorsed on the envelope.
The copy of the canvassing board report and the precinct summary statements must be
sent by express mail or delivered to the secretary of state. If the copy is not received by
the secretary of state within ten days following deleted text beginthe applicable electiondeleted text endnew text begin a primary election,
or within 16 days following a general election
new text end, the secretary of state shall immediately
notify the county auditor, who shall deliver another copy to the secretary of state by
special messenger.

Sec. 15.

Minnesota Statutes 2010, section 205.065, subdivision 5, is amended to read:


Subd. 5.

Results.

The municipal primary shall be conducted and the returns made in
the manner provided for the state primary so far as practicable. On the deleted text beginthirddeleted text endnew text begin eighthnew text end day
after the primary, the governing body of the municipality shall canvass the returns, and the
two candidates for each office who receive the highest number of votes, or a number of
candidates equal to twice the number of individuals to be elected to the office, who receive
the highest number of votes, shall be the nominees for the office named. Their names shall
be certified to the municipal clerk who shall place them on the municipal general election
ballot without partisan designation and without payment of an additional fee.

Sec. 16.

Minnesota Statutes 2010, section 205.185, subdivision 3, is amended to read:


Subd. 3.

Canvass of returns, certificate of election, ballots, disposition.

(a)
Between the deleted text beginthirddeleted text endnew text begin eighthnew text end and deleted text begintenthdeleted text endnew text begin 14thnew text end days after an election, the governing body of a
city conducting any election including a special municipal election, or the governing body
of a town conducting the general election in November shall act as the canvassing board,
canvass the returns, and declare the results of the election. The governing body of a town
conducting the general election in March shall act as the canvassing board, canvass the
returns, and declare the results of the election within deleted text begintwodeleted text endnew text begin tennew text end days after an election.

(b) After the time for contesting elections has passed, the municipal clerk shall issue a
certificate of election to each successful candidate. In case of a contest, the certificate shall
not be issued until the outcome of the contest has been determined by the proper court.

(c) In case of a tie vote, the canvassing board having jurisdiction over the
municipality shall determine the result by lot. The clerk of the canvassing board shall
certify the results of the election to the county auditor, and the clerk shall be the final
custodian of the ballots and the returns of the election.

Sec. 17.

Minnesota Statutes 2010, section 205A.03, subdivision 4, is amended to read:


Subd. 4.

Results.

The school district primary must be conducted and the returns
made in the manner provided for the state primary as far as practicable. On the deleted text beginthirddeleted text endnew text begin eighthnew text end
day after the primary, the school board of the school district shall canvass the returns,
and the two candidates for each specified school board position who receive the highest
number of votes, or a number of candidates equal to twice the number of individuals to be
elected to at-large school board positions who receive the highest number of votes, are
the nominees for the office named. Their names must be certified to the school district
clerk who shall place them on the school district general election ballot without partisan
designation and without payment of an additional fee.

Sec. 18.

Minnesota Statutes 2010, section 205A.10, subdivision 3, is amended to read:


Subd. 3.

Canvass of returns, certificate of election, ballots, disposition.

Between
the deleted text beginthirddeleted text endnew text begin eighthnew text end and deleted text begintenthdeleted text endnew text begin 14thnew text end days after a school district election other than a recount of a
special election conducted under section 126C.17, subdivision 9, or 475.59, the school
board shall canvass the returns and declare the results of the election. After the time for
contesting elections has passed, the school district clerk shall issue a certificate of election
to each successful candidate. If there is a contest, the certificate of election to that office
must not be issued until the outcome of the contest has been determined by the proper
court. If there is a tie vote, the school board shall determine the result by lot. The clerk
shall deliver the certificate of election to the successful candidate by personal service or
certified mail. The successful candidate shall file an acceptance and oath of office in
writing with the clerk within 30 days of the date of mailing or personal service. A person
who fails to qualify prior to the time specified shall be deemed to have refused to serve,
but that filing may be made at any time before action to fill the vacancy has been taken.
The school district clerk shall certify the results of the election to the county auditor, and
the clerk shall be the final custodian of the ballots and the returns of the election.

A school district canvassing board shall perform the duties of the school board
according to the requirements of this subdivision for a recount of a special election
conducted under section 126C.17, subdivision 9, or 475.59.

Sec. 19. new text beginAPPROPRIATION.
new text end

new text begin The commissioner of management and budget shall transfer $354,600 in fiscal
year 2012 and $428,475 in fiscal year 2013 from the general fund to the state-subsidized
identification card account for purposes of providing state-subsidized identification cards
to individuals qualifying under Minnesota Statutes, section 171.07, subdivision 3b.
new text end

Sec. 20. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 19 are effective July 1, 2011, and apply to elections held on or after
that date.
new text end