HF 3111

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/04/2010 11:14am

A bill for an act
relating to elections; requiring use of a ballot board to process absentee ballots;
permitting absentee ballots to be counted starting on the fourth day prior to an
election; modifying other absentee ballot processing procedures; amending
Minnesota Statutes 2008, sections 201.061, subdivision 4; 203B.04, subdivision
1; 203B.05, subdivision 1; 203B.07, subdivisions 2, 3; 203B.08, subdivisions
2, 3; 203B.125; 203B.23, subdivisions 1, 2; 203B.24, subdivision 1; 203B.26;
204B.45, subdivision 2; 204B.46, as amended; 204C.32, subdivision 1; 204C.33,
subdivisions 1, 3; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03,
subdivision 4; 205A.10, subdivision 3; 206.89, subdivision 2; 208.05; proposing
coding for new law in Minnesota Statutes, chapter 203B; repealing Minnesota
Statutes 2008, sections 203B.10; 203B.12, subdivisions 1, 2, 3, 4, 6; 203B.13,
subdivisions 1, 2, 3, 4; 203B.25.

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

Section 1.

Minnesota Statutes 2008, section 201.061, subdivision 4, is amended to read:

Subd. 4.

Registration by election judges; procedures.

Registration at the polling
place on election day shall be conducted by the election judges. new text begin Before registering an
individual to vote at the polling place, the election judge must review any list of absentee
election day registrants provided by the county auditor or municipal clerk to see if the
person has already voted by absentee ballot. If the person's name appears on the list, the
election judge must not allow the individual to register or to vote in the polling place. new text end The
election judge who registers an individual at the polling place on election day shall not
handle that voter's ballots at any time prior to the opening of the ballot box after the voting
ends. Registration applications and forms for oaths shall be available at each polling place.
If an individual who registers on election day proves residence by oath of a registered
voter, the form containing the oath shall be attached to the individual's registration
application. Registration applications completed on election day shall be forwarded to the
county auditor who shall add the name of each voter to the registration system unless the
information forwarded is substantially deficient. A county auditor who finds an election
day registration substantially deficient shall give written notice to the individual whose
registration is found deficient. An election day registration shall not be found deficient
solely because the individual who provided proof of residence was ineligible to do so.

Sec. 2.

Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:

Subdivision 1.

Application procedures.

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 deleted text begin , notwithstanding rules on absentee ballot forms, deleted text end
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
and shall be submitted to:

deleted text begin (a) deleted text end new text begin (1) new text end the county auditor of the county where the applicant maintains residence; or

deleted text begin (b) deleted text end new text begin (2) new text end the municipal clerk of the municipality, or school district if applicable, where
the applicant maintains residence.

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, deleted text begin and states deleted text end
new text begin date of birth, and at least one of the following:
new text end

new text begin (1) the applicant's Minnesota driver's license number;
new text end

new text begin (2) Minnesota state identification card number;
new text end

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

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

new text begin To be approved, the application must state new text end that the applicant is eligible to vote
by absentee ballot for one of the reasons specified in section 203B.02 deleted text begin . The application
may contain a request for the voter's date of birth, which deleted text end new text begin , and 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.
new text end

new text begin 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 new text end must not be
made available for public inspection. An application may be submitted to the county
auditor or municipal clerk by an electronic facsimile device. An application mailed or
returned in person to the county auditor or municipal clerk on behalf of a voter by a
person other than the voter must be deposited in the mail or returned in person to the
county auditor or municipal clerk within ten days after it has been dated by the voter and
no later than six days before the election. The absentee ballot applications or a list of
persons applying for an absentee ballot may not be made available for public inspection
until the close of voting on election day.

new text begin new text end

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

Sec. 3.

Minnesota Statutes 2008, section 203B.05, subdivision 1, is amended to read:

Subdivision 1.

Generally.

The full-time clerk of any city or town shall administer
the provisions of sections 203B.04 to 203B.15 if:

deleted text begin (a) deleted text end new text begin (1) new text end the county auditor of that county has designated the clerk to administer
them; or

deleted text begin (b) deleted text end new text begin (2) new text end the clerk has given the county auditor of that county notice of intention
to administer them.

new text begin A clerk may only administer the provisions of sections 203B.04 to 203B.15 if the
clerk has technical capacity to access the statewide voter registration system in the secure
manner prescribed by the secretary of state. The secretary of state must identify hardware,
software, security, or other technical prerequisites necessary to ensure the security,
access controls, and performance of the statewide voter registration system. A clerk
must receive training approved by the secretary of state on the use of the statewide voter
registration system before administering this section. A clerk may not use the statewide
voter registration system until the clerk has received the required training.
new text end

Sec. 4.

new text begin [203B.065] USING THE REGISTRATION SYSTEM.
new text end

new text begin Upon accepting an application for a state primary or state general election, the
county auditor or municipal clerk shall record in the statewide voter registration system the
voter's name, date of birth, address of residence in Minnesota, mailing address, Minnesota
driver's license or state identification number, or the last four digits of the voter's Social
Security number, if provided by the voter. Upon acceptance of an absentee ballot
application of a voter who is registered to vote at an address different from the residential
address certified on the absentee ballot application, the voter registration record with the
previous address shall be challenged. Once the absentee ballot has been transmitted to the
voter, the method of transmission and the date of transmission must be recorded.
new text end

new text begin Upon receipt of a returned absentee ballot for a state primary or state general
election, the county auditor or municipal clerk shall record in the statewide voter
registration system that the voter has returned the ballot.
new text end

new text begin Upon receipt of notice that the ballot board has accepted or rejected the absentee
ballot for a state primary or state general election, the county auditor or municipal clerk
shall record in the statewide voter registration system whether the ballot was accepted or
rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to
the voter, the county auditor or municipal clerk shall record this in the statewide voter
registration system.
new text end

new text begin The labels provided for envelopes used for transmitting an absentee ballot to and
from an applicant for an absentee ballot for a state primary or state general election
must contain bar codes generated by the statewide voter registration system to facilitate
the recording required under this section. A county auditor or municipal clerk entering
information into the statewide voter registration system under this section must include
the information provided on the bar code label whenever information is entered into
the system.
new text end

Sec. 5.

Minnesota Statutes 2008, section 203B.07, subdivision 2, is amended to read:

Subd. 2.

Design of envelopes.

The return envelope shall be of sufficient size to
conveniently enclose and contain the ballot envelope and a folded voter registration
application. The return envelope shall be designed to open on the left-hand end. deleted text begin If the
voter was not previously registered, deleted text end The return envelope must be designed in one of
the following ways:

(1) it must be of sufficient size to contain an additional envelope that when sealed,
conceals the signature, identification, and other information; or

(2) it must provide an additional flap that when sealed, conceals the signature,
identification, and other information.

Election officials may open the flap or the additional envelope at any time after
receiving the returned ballot to inspect the returned certificate for completeness or to
ascertain other information.

Sec. 6.

Minnesota Statutes 2008, section 203B.07, subdivision 3, is amended to read:

Subd. 3.

Eligibility certificate.

A certificate of eligibility to vote by absentee ballot
shall be printed on the back of the return envelope. The certificate shall contain new text begin space for
the voter's Minnesota driver's license number, state identification number, or the last four
digits of the voter's Social Security number, or to indicate that the voter does not have one
of these numbers. The space must be designed to ensure that the voter provides the same
type of identification as provided on the voter's absentee ballot application for purposes of
comparison. The certificate must also contain new text end a statement to be signed and sworn by the
voter indicating that the voter meets all of the requirements established by law for voting
by absentee ballot deleted text begin . the certificate shall also contain deleted text end new text begin and space for new text end a statement signed by a
person who is registered to vote in Minnesota or by a notary public or other individual
authorized to administer oaths stating that:

(1) the ballots were displayed to that individual unmarked;

(2) the voter marked the ballots in that individual's presence without showing how
they were marked, or, if the voter was physically unable to mark them, that the voter
directed another individual to mark them; and

(3) if the voter was not previously registered, the voter has provided proof of
residence as required by section 201.061, subdivision 3.

Sec. 7.

Minnesota Statutes 2008, section 203B.08, subdivision 2, is amended to read:

Subd. 2.

Address on return envelopes.

The county auditor or municipal clerk shall
address return envelopes to allow direct mailing of the absentee ballots to deleted text begin : deleted text end new text begin
new text end

deleted text begin (a) deleted text end the county auditor or municipal clerk who deleted text begin sent the ballots to the voter; deleted text end new text begin new text end new text begin has the
responsibility to accept and reject the absentee ballots.
new text end

deleted text begin (b) the clerk of the town or city in which the absent voter is eligible to vote; or
deleted text end

deleted text begin (c) the appropriate election judges.
deleted text end

Sec. 8.

Minnesota Statutes 2008, section 203B.08, subdivision 3, is amended to read:

Subd. 3.

Procedures on receipt of ballots.

When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and date the return
envelope and place it in a secure location with other return envelopes received by that
office. new text begin Within five days after receipt, new text end the county auditor or municipal clerk shall deliver
to the deleted text begin appropriate election judges on election day all ballots received before or with the
last mail delivery by the United States Postal Service on election day. A town clerk may
request the United States Postal Service to deliver absentee ballots to the polling place
on election day instead of to the official address of the town clerk deleted text end new text begin ballot board all ballots
received, except that during the 14 days immediately preceding an election, the county
auditor or municipal clerk shall deliver all ballots received to the ballot board within
three days new text end .

Sec. 9.

new text begin [203B.121] BALLOT BOARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; applicable laws. new text end

new text begin (a) The governing body of each
county, municipality, and school district with responsibility to accept and reject absentee
ballots must, by ordinance or resolution, establish a ballot board. The board must consist
of a sufficient number of election judges trained in the handling of absentee ballots and
appointed as provided in sections 204B.19 to 204B.22. The board may include staff
trained as election judges.
new text end

new text begin (b) Each jurisdiction must pay a reasonable compensation to each member of that
jurisdiction's ballot board for services rendered during an election.
new text end

new text begin (c) Except as otherwise provided by this section, all provisions of the Minnesota
Election Law apply to a ballot board.
new text end

new text begin Subd. 2. new text end

new text begin Duties of ballot board; absentee ballots. new text end

new text begin (a) The members of the ballot
board shall take possession of all return 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 return 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.
new text end

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

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

new text begin (2) the voter signed the certification on the envelope;
new text end

new text begin (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 the number provided on the
voter's application for ballots. If the number does not match the number as submitted on
the application, or if a number was not submitted on the application, 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;
new text end

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

new text begin (5) the voter has not already voted at that election, either in person or, if it is after the
close of business on the fourth day before the election, by absentee ballot.
new text end

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

new text begin (c)(1) If a majority of the members of the ballot board examining a return envelope
find that an absentee voter has failed to meet one of the requirements provided in
paragraph (b), they shall mark the return 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 security envelope before
placing it in the outer white envelope is not a reason to reject an absentee ballot.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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:
new text end

new text begin (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;
new text end

new text begin (2) the reason for rejection; and
new text end

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

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

new text begin Subd. 3. new text end

new text begin Record of voting. new text end

new text begin (a) When applicable, the county auditor or municipal
clerk must immediately record that a voter's absentee ballot has been accepted. After the
close of business on the fourth day before the election, a voter whose record indicates that
an absentee ballot has been accepted must not be permitted to cast another ballot at that
election. In a state primary, general, or state special election for federal or state office, the
auditor or clerk must also record this information in the statewide voter registration system.
new text end

new text begin (b) The roster must be marked, and a supplemental report of absentee voters who
submitted a voter registration application with their ballot must be created, no later than
the start of voting on election day to indicate the voters that have already cast a ballot at
the election. The roster may be marked either:
new text end

new text begin (1) by the county auditor or municipal clerk before election day;
new text end

new text begin (2) by the ballot board before election day; or
new text end

new text begin (3) by the election judges at the polling place on election day.
new text end

new text begin The record of a voter whose absentee ballot was received after the close of business
on the fourth day before the election is not required to be marked on the roster or contained
in a supplemental report as required by this paragraph.
new text end

new text begin Subd. 4. new text end

new text begin Opening of envelopes. new text end

new text begin After the close of business on the fourth day
before the election, the ballots from return envelopes 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 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.
new text end

new text begin Subd. 5. new text end

new text begin Storage and counting of absentee ballots. new text end

new text begin (a) On a day on which absentee
ballots are inserted into a ballot box, two members of the ballot board must:
new text end

new text begin (1) remove the ballots from the ballot box at the end of the day;
new text end

new text begin (2) without inspecting the ballots, ensure that the number of ballots removed from
the ballot box is equal to the number of voters whose absentee ballots were accepted
that day; and
new text end

new text begin (3) seal and secure all voted and unvoted ballots present in that location at the end
of the day.
new text end

new text begin (b) After the polls have closed on election day, two members of the ballot board
must count the ballots, tabulating the vote in a manner that indicates each vote of the voter
and the total votes cast for each candidate or question. In state primary and state general
elections, the results must indicate the total votes cast for each candidate or question in
each precinct and report the vote totals tabulated for each precinct. The count shall be
public. No vote totals from ballots may be made public before the close of voting on
election day.
new text end

new text begin In state primary and state general elections, these vote totals shall be added to the
vote totals on the summary statements of the returns for the appropriate precinct. In other
elections, these vote totals may be added to the vote totals on the summary statement of
returns for the appropriate precinct or may be reported as a separate total.
new text end

new text begin (c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
completed previously, the members of the ballot board must verify as soon as possible, but
no later than 24 hours after the end of the hours for voting, that voters whose absentee
ballots arrived after the rosters were marked or supplemental reports were generated
and whose ballots were accepted did not vote in person on election day. An absentee
ballot submitted by a voter who has voted in person on election day must be rejected. All
other accepted absentee ballots must be opened, duplicated if necessary, and counted by
members of the ballot board. The vote totals from these ballots must be incorporated into
the totals with the other absentee ballots and handled according to paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 1 is effective the day following final enactment.
Subdivision 2, paragraph (d), is effective October 28, 2010. The remainder of this section
is effective June 25, 2010.
new text end

Sec. 10.

Minnesota Statutes 2008, section 203B.125, is amended to read:

203B.125 SECRETARY OF STATE TO MAKE RULES.

The secretary of state shall adopt rules establishing methods and procedures for
issuing ballot cards and related absentee forms to be used as provided in section 203B.08,
subdivision 1a, and for the reconciliation of voters and ballot cards before tabulation under
section deleted text begin 203B.12 deleted text end new text begin 204C.20, subdivision 1 new text end .

Sec. 11.

Minnesota Statutes 2008, section 203B.23, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The county auditor must establish an absentee ballot
board for ballots issued under sections 203B.16 to 203B.27. The board may consist of
staff trained deleted text begin and certified deleted text end as election judges, in which case, the board is exempt from
sections 204B.19, subdivision 5, and 204C.15, relating to party balance in appointment of
judges and to duties to be performed by judges of different major political parties.

Sec. 12.

Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:

Subd. 2.

Duties.

The absentee ballot board must examine all returned absentee
ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject
the absentee ballots in the manner provided in section 203B.24. If the certificate of voter
eligibility is not printed on the return or administrative envelope, the certificate must
be attached to the ballot secrecy envelope.

The absentee ballot board must immediately examine the return envelopes and mark
them "accepted" or "rejected" during the 30 days before the election. If an envelope has
been rejected at least five days before the election, the ballots in the envelope must be
considered spoiled ballots and the official in charge of the absentee ballot board must
provide the voter with a replacement absentee ballot and return envelope in place of
the spoiled ballot.

new text begin If a county has delegated the responsibility for administering absentee balloting to a
municipality under section 203B.05, accepted absentee ballots must be delivered to the
appropriate municipality's absentee ballot board. The absentee ballot board with the
authority to open and count the ballots must do so in accordance with section 203B.121,
subdivisions 4 and 5.
new text end

Sec. 13.

Minnesota Statutes 2008, 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 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;
deleted text begin and deleted text end

(4) new text begin the voter is not known to have died; and
new text end

new text begin (5) new text end 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 deleted text begin (4) deleted text end new text begin (5) new text end . In particular, failure to place the
ballot within the security 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. new text begin Notwithstanding other provisions of this section, the
counting of the absentee ballot of a deceased voter does not invalidate the election. new text end

Sec. 14.

Minnesota Statutes 2008, section 203B.26, is amended to read:

203B.26 SEPARATE RECORD.

A separate record of the ballots of absent voters cast under sections 203B.16 to
203B.27 must be generated from the statewide registration system for each precinct
and deleted text begin provided to the election judges in the polling place on election day, along with the
returned envelopes marked "accepted" by the absentee ballot board. The content of the
record must be in a form prescribed by the secretary of state. The election judges in the
polling place must note on the record any envelopes that had been marked "accepted" by
the absentee ballot board but were not counted. The election judges must preserve the
record and return it to the county auditor or municipal clerk with the election day deleted text end new text begin retained
with the other election new text end materials.

Sec. 15.

new text begin [203B.28] POSTELECTION REPORT TO LEGISLATURE.
new text end

new text begin By March 1, 2011, and by January 15 of every odd-numbered year thereafter, the
secretary of state shall provide to the chair and ranking minority members of the legislative
committees with jurisdiction over elections a statistical report related to absentee voting
in the most recent general election cycle. The statistics must be organized by county
and precinct, and include:
new text end

new text begin (1) the number of absentee ballots transmitted to voters;
new text end

new text begin (2) the number of absentee ballots returned by voters;
new text end

new text begin (3) the number of absentee ballots that were rejected, categorized by the reason
for rejection;
new text end

new text begin (4) the number of absentee ballots submitted pursuant to sections 203B.16 to
203B.27, along with the number of returned ballots that were accepted, rejected, and
the reason for any rejections; and
new text end

new text begin (5) the number of absentee ballots that were not counted because the ballot return
envelope was received after the deadlines provided in this chapter.
new text end

Sec. 16.

Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:

Subd. 2.

Procedure.

Notice of the election and the special mail procedure must be
given at least six weeks prior to the election. Not more than 30 days nor later than 14 days
prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters
registered in the town or unorganized territory. No later than 14 days before the election,
the auditor must make a subsequent mailing of ballots to those voters who register to vote
after the initial mailing but before the 20th day before the election. Eligible voters not
registered at the time the ballots are mailed may apply for ballots as provided in chapter
203B. Ballot return envelopes, with return postage provided, must be preaddressed to the
auditor or clerk and the voter may return the ballot by mail or in person to the office of
the auditor or clerk. The auditor or clerk deleted text begin may deleted text end new text begin must new text end appoint deleted text begin election judges deleted text end new text begin a ballot board
new text end to examine the return envelopes and mark them "accepted" or "rejected" deleted text begin during the 30
days before the election. deleted text end new text begin within three days of receipt if there are 14 or fewer days before
election day, or within five days of receipt if there are more than 14 days before election
day. The board may consist of staff trained as election judges. 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. new text end If an
envelope has been rejected at least five days before the election, the ballots in the envelope
must deleted text begin be considered spoiled ballots deleted text end new text begin remain sealed new text end and the auditor or clerk shall provide the
voter with a replacement ballot and return envelope in place of the spoiled ballot. new text begin If the
ballot is rejected within five days of the election, the envelope must remain sealed and
the official in charge of the ballot board must attempt to contact the voter by telephone
or e-mail to notify the voter that the voter's ballot has been rejected. The official must
document the attempts made to contact the voter.
new text end

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

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

new text begin No vote totals from mail or absentee ballots may be made public before the close
of voting on election day.
new text end

The costs of the mailing shall be paid by the election jurisdiction in which the voter
resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

Sec. 17.

Minnesota Statutes 2008, section 204B.46, as amended by Laws 2010, chapter
180, section 4, is amended to read:

204B.46 MAIL ELECTIONS; QUESTIONS.

A county, municipality, or school district submitting questions to the voters at a
special election may conduct an election by mail with no polling place other than the
office of the auditor or clerk. No more than two questions may be submitted at a mail
election and no offices may be voted on. Notice of the election must be given to the county
auditor at least 53 days prior to the election. This notice shall also fulfill the requirements
of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted
at least six weeks prior to the election. Not more than 30 nor later than 14 days prior to
the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters
registered in the county, municipality, or school district. No later than 14 days before the
election, the auditor or clerk must make a subsequent mailing of ballots to those voters
who register to vote after the initial mailing but before the 20th day before the election.
Eligible voters not registered at the time the ballots are mailed may apply for ballots
pursuant to chapter 203B. new text begin The auditor or clerk must appoint a ballot board to examine the
return envelopes and mark them "Accepted" or "Rejected" within three days of receipt if
there are 14 or fewer days before election day, or within five days of receipt if there are
more than 14 days before election day. The board may consist of staff trained as election
judges. Election judges performing the duties in this section must be of different major
political parties, unless they are exempt from that requirement under section 205.075,
subdivision 4, or section 205A.10. If an envelope has been rejected at least five days
before the election, the ballots in the envelope must remain sealed and the auditor or clerk
must provide the voter with a replacement ballot and return envelope in place of the
spoiled ballot. If the ballot is rejected within five days of the election, the envelope must
remain sealed and the official in charge of the ballot board must attempt to contact the
voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
The official must document the attempts made to contact the voter.
new text end

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

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

new text begin No vote totals from ballots may be made public before the close of voting on
election day.
new text end

Sec. 18.

Minnesota Statutes 2008, section 204C.32, subdivision 1, is amended to read:

Subdivision 1.

County canvass.

The county canvassing board shall meet at the
county auditor's office on deleted text begin or before deleted text end the third 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 deleted text begin no later than deleted text end new text begin on new text end
the third 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.

Sec. 19.

Minnesota Statutes 2008, 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 deleted text begin on or before the seventh day deleted text end new text begin between the third and tenth days new text end
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, including write-in candidates for
state and federal office who have requested under section 204B.09 that votes for those
candidates be tallied;

(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 state or federal 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.

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 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.

Sec. 20.

Minnesota Statutes 2008, section 204C.33, subdivision 3, is amended to read:

Subd. 3.

State canvass.

The State Canvassing Board shall meet at the secretary of
state's office on the deleted text begin second deleted text end new text begin third new text end 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:

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

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

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

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. 21.

Minnesota Statutes 2008, 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. deleted text begin Within two days deleted text end new text begin On
the third day new text end 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. 22.

Minnesota Statutes 2008, section 205.185, subdivision 3, is amended to read:

Subd. 3.

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

(a)
deleted text begin Within seven days deleted text end new text begin Between the third and tenth days new text end 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 two 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. 23.

Minnesota Statutes 2008, 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. deleted text begin Within two days deleted text end new text begin
On the third day new text end 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. 24.

Minnesota Statutes 2008, section 205A.10, subdivision 3, is amended to read:

Subd. 3.

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

deleted text begin Within
seven days deleted text end new text begin Between the third and tenth days new text end 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. 25.

Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read:

Subd. 2.

Selection for review; notice.

At the canvass of the state primary, the
county canvassing board in each county must set the date, time, and place for the
postelection review of the state general election to be held under this section.

At the canvass of the state general election, the county canvassing boards must select
the precincts to be reviewed by lot. new text begin Ballots counted centrally by a ballot board shall be
considered one precinct eligible to be selected for purposes of this subdivision. new text end The county
canvassing board of a county with fewer than 50,000 registered voters must conduct a
postelection review of a total of at least two precincts. The county canvassing board of a
county with between 50,000 and 100,000 registered voters must conduct a review of a total
of at least three precincts. The county canvassing board of a county with over 100,000
registered voters must conduct a review of a total of at least four precincts, or three percent
of the total number of precincts in the county, whichever is greater. At least one precinct
selected in each county must have had more than 150 votes cast at the general election.

The county auditor must notify the secretary of state of the precincts that have been
chosen for review and the time and place the postelection review for that county will be
conducted, as soon as the decisions are made. If the selection of precincts has not resulted
in the selection of at least four precincts in each congressional district, the secretary of state
may require counties to select by lot additional precincts to meet the congressional district
requirement. The secretary of state must post this information on the office Web site.

Sec. 26.

Minnesota Statutes 2008, section 208.05, is amended to read:

208.05 STATE CANVASSING BOARD.

The State Canvassing Board at its meeting on the deleted text begin second Tuesday after each state
general election deleted text end new text begin date provided in section 204C.33 new text end shall open and canvass the returns
made to the secretary of state for presidential electors and alternates, prepare a statement
of the number of votes cast for the persons receiving votes for these offices, and declare
the person or persons receiving the highest number of votes for each office duly elected.
When it appears that more than the number of persons to be elected as presidential electors
or alternates have the highest and an equal number of votes, the secretary of state, in the
presence of the board shall decide by lot which of the persons shall be declared elected.
The governor shall transmit to each person declared elected a certificate of election, signed
by the governor, sealed with the state seal, and countersigned by the secretary of state.

Sec. 27. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 203B.10; 203B.12, subdivisions 1, 2, 3, 4, and 6;
203B.13, subdivisions 1, 2, 3, and 4; and 203B.25, new text end new text begin are repealed.
new text end

Sec. 28. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 and 10 to 27 are effective June 25, 2010.
new text end