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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language


  

                         Laws of Minnesota 1983 

                        CHAPTER 303--H.F.No. 553
           An act relating to elections; changing certain 
          election procedures, requirements, and time limits; 
          amending Minnesota Statutes 1982, sections 201.071, 
          subdivision 1; 203B.02, subdivision 1; 203B.04, 
          subdivision 1; 203B.21, subdivision 2; 204B.12, 
          subdivision 1; 204B.19, subdivision 1; 204B.21, 
          subdivision 1; 204B.27, subdivision 1; 204B.34, 
          subdivision 1; 204B.35, subdivision 4; 204C.03, by 
          adding a subdivision; 204C.05, subdivision 1; 204C.32, 
          subdivision 2; 204C.33, subdivision 2; 204D.06; 
          204D.11, subdivisions 1 and 5; 204D.14; 204D.15, 
          subdivision 2; 205.03, subdivisions 1 and 3; and 
          209.02, subdivision 4; proposing new law coded in 
          Minnesota Statutes, chapter 203B; repealing Minnesota 
          Statutes 1982, sections 201.091, subdivisions 6 and 7; 
          and 204B.12, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 201.071, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FORM.] Registration cards shall be of 
suitable size and weight for mailing, and shall contain the 
following information in substantially the following form: 
   
                  VOTER REGISTRATION CARD
                 (Please print or type)
        Date:......................
    1.  Name:............................................
             Last              First       Middle Initial
    2.  Address:.........................................
                Street or Route No.
                  .........................................
                City (or Township)     County        Zip
    3.  Telephone Number:
    4.  Date of birth (optional):...................
                  Month:.... Day:.... Year:....
    5.  Last registration if any.....................
                              Street or Route Number
              ..... None      ............................
                             City (or Township)     Zip
    6.  I certify that I will be at least 18 years
        old on election day and that the above facts
        are correct am a citizen of the United States, 
        that I reside at the address shown and 
        will have resided in Minnesota for 20 days 
        immediately preceding election day, and that 
        I am not under guardianship of the person, 
        have not been found by a court to be 
        legally incompetent to vote, and have not been 
        convicted of a felony without having my 
        civil rights restored.  I understand that giving
        false information to procure a registration
        is a felony punishable by not more than five
        years imprisonment and a fine of not more
        than $5,000, or both.
                               .......................
                                 Signature of Voter
    Sec. 2.  Minnesota Statutes 1982, section 203B.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [UNABLE TO GO TO POLLING PLACE.] Any 
eligible voter who is reasonably anticipates he will be unable 
to go to the polling place on election day in the precinct where 
the individual maintains residence because of absence from the 
precinct, illness, physical disability, religious discipline, 
observance of a religious holiday, or service as an election 
judge in another precinct may vote by absentee ballot as 
provided in sections 203B.04 to 203B.15. 
     Sec. 3.  Minnesota Statutes 1982, section 203B.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
otherwise allowed by subdivision 2, an application for absentee 
ballots for any election may be submitted at any time not more 
than 45 days nor less than one day before the day of that 
election.  An application submitted pursuant to this subdivision 
shall be in writing and shall be submitted to:  
    (a) the county auditor of the county where the applicant 
maintains residence; or 
    (b) the municipal clerk of the municipality where the 
applicant maintains residence.  
    An application shall be accepted if it is signed and dated 
by the applicant, contains the applicant's residence and mailing 
addresses, and states that the applicant is eligible to vote by 
absentee ballot for one of the reasons specified in section 
203B.02. 
    Sec. 4.  [203B.085] [COUNTY AUDITOR'S OFFICE TO REMAIN OPEN 
DURING CERTAIN HOURS PRECEDING ELECTION.] 
    The county auditor's office in each county must be open for 
acceptance of absentee ballot applications and casting of 
absentee ballots between the hours of 1:00 to 3:00 p.m. on 
Saturday and 5:00 to 7:00 p.m. on Monday immediately preceding a 
primary or general election.  
    Sec. 5.  Minnesota Statutes 1982, section 203B.21, 
subdivision 2, is amended to read: 
    Subd. 2.  [MAILING OF BALLOTS; RETURN.] Ballots and 
instructions for marking them, ballot envelopes, and return 
envelopes shall be sent by first class mail to addresses within 
the continental United States and by air mail to addresses 
outside the continental United States.  The ballot envelope and 
return envelope shall be marked "Official Ballot," and shall 
contain sufficient postage to assure proper return delivery.  
The return envelope shall be addressed to comply with any method 
for return of absentee ballots as authorized under section 
203B.08, subdivision 2.  
    Sec. 6.  Minnesota Statutes 1982, section 204B.12, 
subdivision 1, is amended to read: 
    Subdivision 1.  [BEFORE PRIMARY.] A candidate may withdraw 
his name from the primary ballot by filing an affidavit of 
withdrawal with the same official who received the affidavit of 
candidacy.  The affidavit shall request that official to 
withdraw the candidate's name from the ballot and shall be filed 
no later than six three days after the last day for filing for 
the office.  
    Sec. 7.  Minnesota Statutes 1982, section 204B.19, 
subdivision 1, is amended to read: 
    Subdivision 1.  [INDIVIDUALS QUALIFIED TO BE ELECTION 
JUDGES.] Any individual who is eligible to vote in an election 
precinct is qualified to be appointed as an election judge for 
that precinct subject to the provisions of this section.  If an 
insufficient number of eligible voters maintaining residence in 
any precinct are willing and qualified to be appointed election 
judges for that precinct, the appointing authority may appoint 
as an election judge for that precinct any qualified individual 
who is eligible to vote in the territory under the jurisdiction 
of the authority which established the precinct If the files of 
the appointing authority do not contain sufficient voters within 
a precinct who are qualified and willing to serve as election 
judges, election judges may be appointed who reside in another 
precinct in the same municipality.  If there are not sufficient 
voters within the municipality who are qualified and willing to 
serve as election judges, election judges may be appointed who 
reside in the county where the precinct is located.  
    Sec. 8.  Minnesota Statutes 1982, section 204B.21, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPOINTMENT LISTS; DUTIES OF POLITICAL 
PARTIES AND COUNTY AUDITOR.] At least 65 days before any On July 
1 in a year in which there is an election for a partisan 
political office, the county or legislative district chairmen of 
each major political party, whichever is designated by the state 
party, shall prepare a list of eligible voters to act as 
election judges in each election precinct in the county or 
legislative district.  The chairmen shall furnish the lists to 
the county auditor of the county in which the precinct is 
located.  
    At least 55 days before the date of the election By July 
15, the county auditor shall furnish to the appointing 
authorities a list of the appropriate names for each election 
precinct in the jurisdiction of the appointing authority.  
Separate lists shall be submitted by the county auditor for each 
major political party.  
    Sec. 9.  Minnesota Statutes 1982, section 204B.27, 
subdivision 1, is amended to read: 
    Subdivision 1.  [BLANK FORMS.] At least 15 25 days before 
every state election the secretary of state shall transmit to 
each county auditor a sufficient number of blank county abstract 
forms, affidavits of challenged voters, and any other blank 
forms that the secretary of state deems necessary for the 
conduct of the election.  
    Sec. 10.  Minnesota Statutes 1982, section 204B.34, 
subdivision 1, is amended to read: 
    Subdivision 1.  [STATE ELECTIONS.] At least 15 days before 
any state primary or state general election the municipal clerk 
shall post in his office a notice stating the officers to be 
nominated or elected, the location of each polling place in the 
municipality, and the hours for voting.  An optional provision 
of the notice may include municipal officers to be nominated or 
elected.  The county auditor shall post a similar notice in his 
office including information concerning any polling places in 
unorganized territory in the county.  The governing body of a 
municipality or county may publish this notice in addition to 
posting it.  Failure to give the notice required in this section 
shall not invalidate a state primary or state general election.  
    Sec. 11.  Minnesota Statutes 1982, section 204B.35, 
subdivision 4, is amended to read: 
    Subd. 4.  [ABSENTEE BALLOTS; PREPARATION; DELIVERY.] 
Ballots necessary to fill applications of absentee voters shall 
be prepared and delivered at least 15 20 days before the 
election to the officials who administer the provisions of 
chapter 203B.  
    Sec. 12.  Minnesota Statutes 1982, section 204C.03, is 
amended by adding a subdivision to read:  
    Subd. 4.  [STATE GOVERNMENT.] No state agency, board, 
commission, department, or committee shall conduct a public 
meeting on the day of the state primary or general election.  
    Sec. 13.  Minnesota Statutes 1982, section 204C.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [OPENING AND CLOSING TIMES.] Except as 
otherwise provided in this section, at the state primary and the 
state general election the hours for voting in every precinct in 
the state shall begin at 7:00 a.m. and shall extend continuously 
until 8:00 p.m.  By resolution adopted 30 days before the state 
primary or state general election, the governing body of a 
municipality of less than 1,000 inhabitants, located entirely 
outside the metropolitan area as defined in section 473.121, 
subdivision 2, may fix a later time for voting to begin.  If a 
later time is established, it shall not be later than 9:00 a.m. 
for the state general election, nor later than 5:00 p.m. for a 
state primary.  A resolution adopted pursuant to this 
subdivision shall be effective for all ensuing state primaries 
or state general elections until revoked.  
    Sec. 14.  Minnesota Statutes 1982, section 204C.32, 
subdivision 2, is amended to read: 
    Subd. 2.  [STATE CANVASS.] The state canvassing board shall 
meet at the secretary of state's office on the second Tuesday 
after the state primary to canvass the certified copies of the 
county canvassing board reports received from the county 
auditors.  Upon completion of the canvass Two days after the 
canvassing board declares the results, the secretary of state 
shall promptly certify the names of the nominees to the county 
auditors and shall mail to each nominee a notice of nomination.  
    Sec. 15.  Minnesota Statutes 1982, section 204C.33, 
subdivision 2, is amended to read: 
    Subd. 2.  [COUNTY CANVASSING BOARD REPORTS; PUBLIC 
AVAILABILITY.] Upon payment of a $1 fee, The county auditor of 
each county shall provide a certified copy of the county 
canvassing board report to anyone who requests it upon payment 
to the auditor of costs of reproduction actually incurred by the 
auditor's office.  The auditor shall not take into account the 
general office expenses or other expenses.  
    Sec. 16.  Minnesota Statutes 1982, section 204D.06, is 
amended to read: 
    204D.06 [CERTIFICATION OF NAMES BY SECRETARY OF STATE.] 
    At least 32 42 days before a state primary, the secretary 
of state shall certify to the county auditors the names of all 
candidates who have properly filed affidavits of candidacy with 
the secretary of state and who will be voted for in their 
respective counties at that primary.  
    Sec. 17.  Minnesota Statutes 1982, section 204D.11, 
subdivision 1, is amended to read: 
    Subdivision 1.  [WHITE BALLOT; RULES; REIMBURSEMENT.] The 
names of the candidates for all partisan offices voted on at the 
state general election and candidates for the office of justice 
and chief justice of the supreme court shall be placed on a 
single ballot printed on white paper which shall be known as the 
"white ballot".  This ballot shall be prepared by the county 
auditor subject to the rules of the secretary of state.  The 
state shall reimburse the counties for the cost of preparing the 
white ballot and the envelopes required for the returns of that 
ballot.  The secretary of state shall adopt rules for 
preparation and time of delivery of the white ballot and for 
reimbursement of the counties' costs.  
    Sec. 18.  Minnesota Statutes 1982, section 204D.11, 
subdivision 5, is amended to read: 
    Subd. 5.  [BALLOT HEADINGS.] The white, pink and special 
federal white ballot shall be headed with the words "State 
General Election Ballot".  The canary ballot shall be headed 
with the words "County and Judicial District General Election 
Ballot of Nonpartisan Candidates".  
    Sec. 19.  Minnesota Statutes 1982, section 204D.14, is 
amended to read: 
    204D.14 [WHITE AND CANARY BALLOTS; NONPARTISAN OFFICES.] 
    Subdivision 1.  [ROTATION OF NAMES.] The names of 
candidates for nonpartisan offices on the white and canary 
ballots ballot shall be rotated in the manner provided for 
rotation of names on state partisan primary ballots by section 
204D.08, subdivision 3.  
    Subd. 2.  [UNCONTESTED OFFICES.] Nonpartisan offices for 
which there is only one candidate shall appear after all 
contested offices on the appropriate white or canary ballot.  
    Sec. 20.  Minnesota Statutes 1982, section 204D.15, 
subdivision 2, is amended to read: 
    Subd. 2.  [DISTRIBUTION.] The pink ballot shall be provided 
in groups of 50.  At least 15 25 days before the state general 
election the secretary of state shall forward to the county 
auditor of each county sufficient ballots to enable the county 
auditor to comply with the absentee voting provisions of section 
204B.28, subdivision 2.  The county auditor shall give a receipt 
to the secretary of state stating the number of pink ballots and 
the date when they were received.  
    Sec. 21.  Minnesota Statutes 1982, section 205.03, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CITIES.] In all statutory and home rule 
charter city elections the governing body of the city, by 
resolution adopted prior to the giving of notice of the 
election, may designate the time, in no event less than three 
hours, during which the polling places will remain open for 
voting at the next succeeding and all subsequent city elections, 
until the resolution is revoked.  Cities covered by this 
subdivision shall certify their election hours to the county 
auditor upon adoption of the resolution giving notice of the 
election.  
    Sec. 22.  Minnesota Statutes 1982, section 205.03, 
subdivision 3, is amended to read: 
    Subd. 3.  [OTHER TOWNS.] In any election of town officers 
in a town other than a town described in subdivision 2, the town 
board, by resolution adopted prior to the giving of notice of 
the election, may designate the time, in no event less than 
three hours, during which the polling places will remain open 
for voting at the next succeeding and all subsequent town 
elections.  The resolution shall remain in force until revoked 
by the town board.  Towns covered by this subdivision shall 
certify their election hours to the county auditor in January of 
each year.  
    Sec. 23.  Minnesota Statutes 1982, section 209.02, 
subdivision 4, is amended to read: 
    Subd. 4.  [NOTICE OF CONTEST, HOW SERVED.] Service of the 
notice of contest shall be made in the same manner as provided 
for the service of summons in civil actions.  In all cases two 
copies one copy of the notice shall be furnished the official 
authorized to issue the certificate of election at the time of 
service upon him, and the official shall send one copy thereof 
shall be sent by certified mail to the contestee at his last 
known address.  If the sheriff is unable to make personal or 
substituted service upon the contestee, then the affidavit of 
the sheriff to that effect and the affidavit of the official 
authorized to issue the certificate of election that he sent a 
copy to the contestee by certified mail to his last known 
address shall be sufficient to confer jurisdiction upon the 
proper court to hear and determine the contest.  
    Sec. 24.  [REPEALER.] 
    Minnesota Statutes 1982, sections 201.091, subdivisions 6 
and 7; and 204B.12, subdivision 2; are repealed.  
    Sec. 25.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved June 9, 1983