SF 1141

as introduced - 90th Legislature (2017 - 2018) Posted on 03/23/2018 09:37am

A bill for an act
relating to elections; modifying provisions related to electronic voting systems;
permitting alternative printed ballot styles; amending Minnesota Statutes 2016,
sections 204B.35, by adding a subdivision; 204C.24, subdivision 1; 206.80; 206.86,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 204B.35, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Electronic voting systems. new text end

new text begin Notwithstanding sections 204B.35 to 204B.44 and
chapter 204D, a jurisdiction may prepare blank paper ballots, if the jurisdiction employs an
electronic voting system and the required information is instead displayed on a touch screen
or other electronic device in a format that substantially meets the requirements of law.
new text end

Sec. 2.

Minnesota Statutes 2016, section 204C.24, subdivision 1, is amended to read:

Subdivision 1.

Information requirements.

Precinct summary statements shall be
submitted by the election judges in every precinct. For all elections, the election judges
shall complete three or more copies of the summary statements, and each copy shall contain
the following information for each kind of ballot:

(1) the number of ballots delivered to the precinct as adjusted by the actual count made
by the election judges, the number of unofficial ballots made, and the number of absentee
ballots delivered to the precinct;

(2) the number of votes each candidate received or the number of yes and no votes on
each question, the number of undervotes, the number of overvotes, and the number of
defective ballots with respect to each office or question;

(3) the number of spoiled ballots, the number of duplicate ballots made, the number of
absentee ballots rejected, and the number of unused ballots, presuming that the total count
provided on each package of unopened prepackaged ballots is correct;

(4) new text begin the number of voted ballots indicating only a voter's choices as provided by section
206.80, paragraph (b), clause (3);
new text end

new text begin (5) new text end the number of individuals who voted at the election in the precinct which must equal
the total number of ballots cast in the precinct, as required by sections 204C.20 and 206.86,
subdivision 1;

deleted text begin (5) deleted text end new text begin (6) new text end the number of voters registering on election day in that precinct; and

deleted text begin (6) deleted text end new text begin (7) new text end the signatures of the election judges who counted the ballots certifying that all
of the ballots cast were properly piled, checked, and counted; and that the numbers entered
by the election judges on the summary statements correctly show the number of votes cast
for each candidate and for and against each question.

At least two copies of the summary statement must be prepared for elections not held
on the same day as the state elections.

Sec. 3.

Minnesota Statutes 2016, section 206.80, is amended to read:

206.80 ELECTRONIC VOTING SYSTEMS.

(a) An electronic voting system may not be employed unless it:

(1) permits every voter to vote in secret;

(2) permits every voter to vote for all candidates and questions for whom or upon which
the voter is legally entitled to vote;

(3) provides for write-in voting when authorized;

(4) automatically rejects, except as provided in section 206.84 with respect to write-in
votes, all votes for an office or question when the number of votes cast on it exceeds the
number which the voter is entitled to cast;

(5) permits a voter at a primary election to select secretly the party for which the voter
wishes to vote;

(6) automatically rejects all votes cast in a primary election by a voter when the voter
votes for candidates of more than one party; and

(7) provides every voter an opportunity to verify votes recorded on the permanent paper
ballot, either visually or using assistive voting technology, and to change votes or correct
any error before the voter's ballot is cast and counted, produces an individual, discrete,
permanent, paper ballot cast by the voter, and preserves the paper ballot as an official record
available for use in any recount.

(b) An electronic voting system purchased on or after June 4, 2005, may not be employed
unless it:

(1) accepts and tabulates, in the polling place or at a counting center, a marked optical
scan ballot; deleted text begin or
deleted text end

(2) creates a marked optical scan ballot that can be tabulated in the polling place or at a
counting center by automatic tabulating equipment certified for use in this state new text begin ; or
new text end

new text begin (3) creates a marked paper ballot indicating, at a minimum, the voter's votes for each
office or question, generated from the voter's use of a touch screen or other electronic device
on which a complete ballot meeting the information requirements of any applicable law
was displayed electronically new text end .

new text begin (c) The use of multiple ballot formats of electronic voting systems in a jurisdiction is
not a violation of a voter's right to vote in secret, provided that a record of the ballot formats
of electronic voting system used by a voter is not recorded by the election judges or any
other elections official in any form.
new text end

Sec. 4.

Minnesota Statutes 2016, section 206.86, is amended by adding a subdivision to
read:

new text begin Subd. 5a. new text end

new text begin Ballots in precincts with multiple styles of voting system. new text end

new text begin (a) This subdivision
applies to precincts using a ballot format as provided by section 206.80, paragraph (b),
clause (3), which was used by ten or fewer voters.
new text end

new text begin (b) In the event the results of a precinct are subject to a recount under section 204C.35
or 204C.36, or are subject to a postelection review under section 206.89, a ballot format as
provided in section 206.80, paragraph (b), clause (3), that was used by ten or fewer voters
in the precinct, the election judges from that precinct are not eligible to participate in
conducting a recount or postelection review in that precinct.
new text end