Key: (1) language to be deleted (2) new language
Laws of Minnesota 1984
CHAPTER 471-S.F.No. 1546
An act relating to elections; improving the
accessibility of the election process to certain
elderly and handicapped persons; amending Minnesota
Statutes 1982, sections 201.071, subdivision 2;
201.091, subdivision 8; 203B.07; 204B.17; 204B.18,
subdivision 1; 204B.27, subdivisions 3 and 4; 204C.06,
subdivision 2; 204C.15, subdivision 1 and by adding a
subdivision; 206.19, subdivision 2; 206.20; and
Minnesota Statutes 1983 Supplement, sections 203B.02,
subdivision 1; 204B.16; and 206.09; proposing new law
coded in Minnesota Statutes, chapter 206.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, section 201.071,
subdivision 2, is amended to read:
Subd. 2. [INSTRUCTIONS.] A registration card shall be
accompanied by instructions specifying the manner and method of
registration, the qualifications for voting, and the penalties
for false registration, and the availability of registration and
voting assistance for elderly and handicapped individuals and
residents of health care facilities and hospitals. If, prior to
election day, a person requests the instructions in Braille, on
cassette tape, or in a version printed in 16-point bold type
with heavy leading, the county auditor shall provide them in the
form requested. The secretary of state shall prepare Braille
and cassette copies and make them available.
Sec. 2. Minnesota Statutes 1982, section 201.091,
subdivision 8, is amended to read:
Subd. 8. [REGISTRATION PLACES.] Each county auditor shall
designate a number of public buildings in those political
subdivisions of the county where preregistration of voters is
allowed as provided in section 201.061, subdivision 1, where
eligible voters may register to vote. At least one public
building shall be designated for each 30,000 residents of the
political subdivision county. Every city of the first, second,
and third class and county seat shall have at least one
telecommunications device for the deaf for voter registration
information.
An adequate supply of registration cards shall and
instructions must be maintained at each designated location, and
a designated individual shall must be available there to accept
registration cards and transmit them to the county auditor.
A person who, because of handicap, needs assistance in
order to determine eligibility or to register shall be assisted
by a designated individual. Assistance includes but is not
limited to reading the registration form and instructions and
filling out the registration form as directed by the eligible
voter.
Sec. 3. Minnesota Statutes 1983 Supplement, section
203B.02, subdivision 1, is amended to read:
Subdivision 1. [UNABLE TO GO TO POLLING PLACE.] Any
eligible voter who 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. 4. Minnesota Statutes 1982, section 203B.07, is
amended to read:
203B.07 [RETURN AND BALLOT ENVELOPES; DIRECTIONS TO
VOTERS.]
Subdivision 1. [DELIVERY OF ENVELOPES, DIRECTIONS.] The
county auditor or the municipal clerk shall prepare, print, and
transmit a return envelope, a ballot envelope, and a copy of the
directions for casting an absentee ballot to each applicant
whose application for absentee ballots is accepted pursuant to
section 203B.04. The directions for casting an absentee ballot
shall be printed in at least 14-point bold type with heavy
leading. When a person requests the directions in Braille or on
cassette tape, the county auditor or municipal clerk shall
provide them in the form requested. The secretary of state
shall prepare Braille and cassette copies and make them
available.
When a voter registration card is sent to the applicant as
provided in section 203B.06, subdivision 4, the directions or
registration card shall include instructions for registering to
vote.
Subd. 2. [DESIGN OF ENVELOPES.] The return envelope shall
be of sufficient size to conveniently enclose and contain the
ballot envelope and a voter registration card folded along its
perforations. The return envelope shall be designed to open on
the left hand end. A certificate of eligibility to vote by
absentee ballot shall be printed on the right hand three-fourths
of the back of the envelope. The certificate shall contain 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. The certificate shall also contain a
statement signed by an eligible voter of the county in which the
absent voter maintains residence or by a notary public, United
States postmaster, assistant postmaster, postal supervisor,
clerk of a postal service contract station or other individual
authorized to administer oaths stating that:
(a) the ballots were displayed to that individual unmarked;
(b) 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
(c) if the voter was not previously registered, that the
voter has provided proof of residence as required by section
201.061, subdivision 3.
The county auditor or municipal clerk shall affix first
class postage to the return envelopes.
Sec. 5. Minnesota Statutes 1983 Supplement, section
204B.16, is amended to read:
204B.16 [POLLING PLACES; DESIGNATION.]
Subdivision 1. [AUTHORITY; LOCATION.] The governing body
of each municipality and of each county with precincts in
unorganized territory shall designate by ordinance or resolution
a polling place for each election precinct. The polling place
for a precinct in a municipality shall be located within the
boundaries of the precinct or within 1500 feet of one of those
boundaries unless a single polling place is designated for a
city pursuant to subdivision 2. The polling place for a
precinct may be located up to 3,000 feet outside one of the
boundaries of the precinct if necessary to locate a polling
place that is accessible to and usable by elderly and
handicapped individuals as required in subdivision 5. The
polling place for a precinct in unorganized territory may be
located outside the precinct at a place which is convenient to
the voters of the precinct.
Subd. 2. [SINGLE POLLING PLACE PERMITTED.] The governing
body of any city of the third or fourth class having more than
one precinct or of any city with territory in more than one
county may by ordinance or resolution designate a single,
accessible, centrally located polling place where all the voters
of the city shall cast their ballots. A single board of
election judges may be appointed to serve at this polling
place. The number of election judges appointed shall be
determined by considering the number of voters in the entire
city as if they were voters in a single precinct. Separate
ballot boxes shall be provided and separate returns made for
each precinct in the city.
Subd. 3. [DESIGNATION EFFECTIVE UNTIL CHANGED.] The
designation of a polling place pursuant to this section shall
remain effective until a different polling place is designated
for that precinct. No designation of a new or different polling
place shall become effective less than 30 days prior to an
election.
Subd. 4. [PROHIBITED LOCATIONS.] No polling place shall be
designated in any place where intoxicating liquors or
non-intoxicating malt beverages are served or in any adjoining
room. No polling place shall be designated in any place in
which substantial compliance with the requirements of this
chapter cannot be attained.
Subd. 5. [ACCESS BY ELDERLY AND HANDICAPPED.] Each polling
place shall be accessible to and usable by elderly and
physically handicapped individuals. A polling place is deemed
to be accessible and usable if it complies with the following
standards: in paragraphs (a) to (f).
(a) At least one set of doors shall must have a minimum
width of 31 inches if the doors must be used to enter or leave
the polling place.
(b) Any curb adjacent to the main entrance to a polling
place shall must have curb cuts or temporary ramps. Where the
main entrance is not the accessible entrance, any curb adjacent
to the accessible entrance must also have curb cuts or temporary
ramps.
(c) Where the main entrance is not the accessible entrance,
a sign shall be posted at the main entrance giving directions to
the accessible entrance.
(c) (d) At least one set of stairs shall must have a
temporary handrail and ramp if stairs must be used to enter or
leave the polling place.
(d) (e) No barrier in the polling place shall may impede
the path of the physically handicapped to the voting booth.
(f) At least one handicapped parking space, which may be
temporarily so designated by the municipality for the day of the
election, must be available near the accessible entrance.
The doorway, handrails, ramps, and handicapped parking
provided pursuant to this subdivision must conform to the
standards specified in the state building code for accessibility
by handicapped persons.
A governing body shall designate as polling places only
those places which meet the standards prescribed in this
subdivision unless no available place within a precinct is
accessible or can be made accessible.
Subd. 6. [PUBLIC FACILITIES.] Every statutory city, home
rule charter city, county, town, school district, and other
public agency, including the University of Minnesota and other
public colleges and universities, shall make their facilities,
including parking, available for the holding of city, county,
state, and federal elections. A charge for the use of the
facilities may be imposed in an amount that does not exceed the
lowest amount charged to any public or private group.
Sec. 6. Minnesota Statutes 1982, section 204B.17, is
amended to read:
204B.17 [CHANGE OF POLLING PLACE BY ELECTION JUDGES.]
When a designated polling place does not comply with the
requirements of this chapter the election judges of that
precinct, on or before the opening of the polls on election day
and upon approval by the municipal clerk in municipalities or
the county auditor in unorganized territory, shall procure a
polling place which is as near the designated polling place as
possible and which does comply with those requirements.
When a new polling place is procured by the election
judges, they shall meet on election day at the original polling
place where they shall fill any vacancies in their number,
publicly announce the change in polling place to the voters who
are present and post a notice in large print of the change in a
conspicuous place. They shall also post a notice in a location
visible by voters who vote from their motor vehicles as provided
in 204C.15, subdivision 2. Upon completing these duties the
election judges shall adjourn to the new polling place, where
they shall post a similar notice of the change in polling
place. The election judges shall certify to the appropriate
governing body the expenses incurred because of the change.
These expenses shall be paid as part of the expenses of the
election.
Sec. 7. Minnesota Statutes 1982, section 204B.18,
subdivision 1, is amended to read:
Subdivision 1. [BOOTHS.] Each polling place shall must
contain a number of voting booths in proportion to the number of
individuals eligible to vote in the precinct. Each booth shall
must be at least six feet high, three feet deep and two feet
wide with a shelf at least two feet long and one foot wide
placed at a convenient height for writing. The booth shall be
provided with a door or curtain and shall curtains. Each
accessible polling place must have at least one accessible
voting booth or other accessible voting station. All booths or
stations must be constructed so that a voter is free from
observation while marking ballots. In all other polling places
every effort must be made to provide at least one accessible
voting booth or other accessible voting station. During the
hours of voting, the booths shall be provided with must have
instructions, a pencil, and other supplies needed to mark the
ballots. If needed, a chair must be provided for elderly and
handicapped voters to use while in the voting booth. All ballot
boxes, voting booths, and election judges shall must be in open
public view in the polling place.
Sec. 8. Minnesota Statutes 1982, section 204B.27,
subdivision 3, is amended to read:
Subd. 3. [INSTRUCTION POSTERS.] At least 15 days before
every state election the secretary of state shall prepare and
furnish to the county auditor of each county in which paper
ballots are used, voter instruction posters printed in large
type upon cards or heavy paper. The instruction posters shall
must contain the information needed to enable the voters to cast
their paper ballots quickly and correctly and indicate the types
of assistance available for elderly and handicapped voters. Two
instruction posters shall be furnished for each precinct in
which paper ballots are used.
Sec. 9. Minnesota Statutes 1982, section 204B.27,
subdivision 4, is amended to read:
Subd. 4. [PAMPHLETS.] The secretary of state may shall
prepare and distribute to election officials pamphlets for
voters containing impartial instructions relating to voter
registration and election procedures. The pamphlets must
indicate the types of registration and voting assistance
available for elderly and handicapped individuals and residents
of health care facilities and hospitals.
Sec. 10. Minnesota Statutes 1982, section 204C.06,
subdivision 2, is amended to read:
Subd. 2. [INDIVIDUALS ALLOWED IN POLLING PLACE.]
Representatives of the secretary of state's office, the county
auditor's office, and the municipal clerk's office may be
present at the polling place to observe election procedures.
Except for these representatives, election judges,
sergeants-at-arms, and challengers, an individual may remain
inside the polling place during voting hours only while voting
or registering to vote, providing proof of residence for an
individual who is registering to vote, or assisting a physically
handicapped voter or a voter who is unable to read English.
During voting hours no one except individuals receiving,
marking, or depositing ballots shall approach within six feet of
a voting booth, unless lawfully authorized to do so by an
election judge.
Sec. 11. Minnesota Statutes 1982, section 204C.15,
subdivision 1, is amended to read:
Subdivision 1. [INTERPRETERS; PHYSICAL ASSISTANCE IN
MARKING BALLOTS.] A voter who states under oath that he is in
need of assistance because he cannot read English or is
physically unable to mark a ballot may obtain the aid of two
election judges who are members of different major political
parties. The election judges shall mark the ballots as directed
by the voter and in as secret a manner as circumstances permit.
If the voter is deaf or cannot speak English or understand it
when it is spoken, the election judges may select two
individuals who are members of different major political parties
to act as interpreters. The interpreters shall take an oath
similar to that taken by election judges, and shall assist the
individual in marking the ballots. A voter in need of
assistance may alternatively obtain the assistance of a voter of
the same precinct who any individual the voter chooses. The
individual who assists the voter shall take an oath that he or
she is eligible to do so. Only the following persons may not
provide assistance to a voter: the voter's employer, an agent
of the voter's employer, an officer or agent of the voter's
union, or a candidate for election. The person who assists the
voter shall, unaccompanied by an election judge, shall retire
with that voter to a booth and mark the ballot as directed by
the voter. No voter person who assists another voter as
provided in the preceding sentence shall mark the ballots of
more than three voters at one election. Before the ballots are
deposited, the voter may show them privately to an election
judge to ascertain that they are marked as the voter directed.
An election judge or other individual assisting a voter shall
not in any manner request, persuade, induce, or attempt to
persuade or induce the voter to vote for any particular
political party or candidate. The election judges or other
individuals who assist the voter shall not reveal to anyone the
name of any candidate for whom the voter has voted or anything
that took place while assisting the voter.
Sec. 12. Minnesota Statutes 1982, section 204C.15, is
amended by adding a subdivision to read:
Subd. 2a. [LEVER MACHINE PRECINCTS.] An individual who is
unable to enter a polling place where a lever voting system is
used may register and vote without leaving his motor vehicle.
Two election judges who are members of different political
parties shall assist the voter to register. They shall provide
the voter with the necessary ballots, a ballot envelope and an
absentee ballot return envelope, which shall be completed by the
voter, returned to the election judge, and processed pursuant to
section 203B.12.
An individual who is unable to enter a voting machine booth
in a precinct where a lever voting system is used shall be
provided with the necessary ballots, a ballot envelope, and an
absentee ballot return envelope, which shall be completed by the
voter and returned to the election judge and processed pursuant
to section 203B.12.
Sec. 13. [206.065] [VOTING MACHINES, ACCESSIBILITY OF
BALLOT.]
Items appearing on the ballot on a voting machine must be
positioned as low as possible on the machine so that individuals
not able to reach the voting levers at the top of the machine
may vote to the greatest extent possible without assistance.
Sec. 14. Minnesota Statutes 1983 Supplement, section
206.09, is amended to read:
206.09 [BALLOT LABELS; DIAGRAMS FOR VOTING MACHINES.]
The same authorities as are charged with providing paper
ballots when such are used shall be required to provide all
ballots, ballot labels and ballot cards, diagrams, sample
ballots, return sheets and all other necessary supplies needed
for the voting machines or electronic voting systems.
In state and county general elections the county auditor of
each county in which voting machines or electronic voting
systems are used shall provide all ballots, ballot labels,
ballot cards, and other necessary printed forms and supplies
needed for the voting machines, including all such forms needed
for placing on such voting machines, all officers, candidates
and constitutional amendments and other questions and
propositions which are required by the election laws to be
placed on the white, pink, and canary ballots.
Except as herein provided all ballots (or ballot labels)
shall be printed in black ink on clear white material of such
size as will fit the ballot frame of the voting machine or as
will conform to the requirements of electronic voting systems
where used, and in as plain clear type as the space will
reasonably permit. In primaries where electronic voting systems
are used, the ballot pages for the partisan primary ballots may
be different colors or may be otherwise distinctively
differentiated as between parties and all pages of the partisan
primary ballot of a single party shall be consecutive without
the intervention of any pages of any other party. In a
prominent place on such ballots there shall be conspicuously
printed a notice stating in substance the effect of attempting
to vote in more than one partisan primary. Preparation of
separate ballots for use on separate marking devices, each
ballot containing the partisan primary ballot of only one party,
shall also be permitted. Candidates' names may be set in as
large type as the length of the majority of such names of all
candidates on the ballot permits and the remaining candidates'
names may be set in such smaller sizes or styles of type as the
length of each such name requires based upon the available space
in the frame of the voting machine or upon the space available
on any card, paper, booklet, or pages. Ballots (or ballot
labels) for constitutional amendments or that portion of the
ballot containing constitutional amendments shall be printed on
material tinted pink. In a prominent place on such ballots,
there shall be conspicuously printed a notice stating in
substance that if a voter fails to vote on a constitutional
amendment he votes, in effect, in the negative. Ballots (or
ballot labels) for other questions shall be printed on material
so tinted as to conform with the laws relating to paper ballots.
The authorities charged with the duty of providing ballots
for any polling place where voting machines are used shall
provide therefor at least two sample ballots which shall be
arranged in the form of a diagram showing such part of the face
of the voting machine as shall be in use at that election for
voting for all candidates whose names are entitled to be placed
on the ballot at such election and shall also show such part of
the face of the voting machine as shall be in use for voting for
all referendum questions, constitutional amendments, or other
propositions; the proper authorities shall provide at least two
sample ballots, ballot cards, or ballot labels which shall be
arranged in the form of a diagram showing the ballot label
containing the names of all candidates and propositions to be
voted upon at that election in each polling place. Candidates'
names shall not be rotated on such sample ballots but shall be
arranged in alphabetical order for all offices where rotation of
names on the official ballots on the voting machines is required
by law. Such sample ballots shall be either in full or reduced
enlarged size and shall contain suitable illustrated directions
for voting on the voting machine, or for operating a marking
device, or such illustrated instructions shall be provided on a
separate poster, to be posted adjacent to each sample ballot.
Not less than two such sample ballots shall be posted in a
prominent place in the polling place and shall remain open to
inspection by the voters throughout the election day. The
instructions shall be printed in at least 14-point bold type
with heavy leading.
The county auditor may use a one inch or more space between
partisan and nonpartisan ballots, but in all cases a canary
yellow color shall be used as background color on the
nonpartisan ballots.
Sec. 15. Minnesota Statutes 1982, section 206.19,
subdivision 2, is amended to read:
Subd. 2. The authorities in charge of elections shall
provide adequate facilities for the instruction of voters prior
to an election and cause to be placed in one or more convenient
locations a voting machine with sample ballot labels affixed for
the purpose of instructing voters in the operation of the
machine. The facilities for the instruction of voters and the
location of the voting machine so far as practicable shall be
accessible to elderly and handicapped individuals. If the
ballot labels that are used for this purpose are the same that
will be used for the succeeding election the counting mechanism
of the machine shall be concealed from view until the machine is
prepared for the election and if the machine or machines are not
used at the election the counting mechanism shall remain
concealed from view until after the election.
Sec. 16. Minnesota Statutes 1982, section 206.20, is
amended to read:
206.20 [ACCESSIBILITY; INSTRUCTIONS; ASSISTANCE TO VOTERS.]
Subdivision 1. The voting machine or machines shall be so
placed and protected that each machine shall be accessible to
only one voter at a time and in full view of all of the election
officers and watchers at the polling place. An election judge
shall inspect the face of each voting machine after each voter
has voted to see that the ballot labels are in their proper
places and that the machine has not been injured or tampered
with. During elections the door or other compartment of the
machine shall not be unlocked or opened or the counters exposed
except by a custodian or other authorized person, a statement of
which shall be made and signed by the custodian or authorized
person and attached to the returns.
Subd. 2. For the instruction of the voters there shall be,
so far as practicable in each polling place, at least one
mechanical model being a mechanical reproduction of a portion of
the face of the voting machine. The model shall be located
during the election in some accessible place which the voter
must pass to reach the machine. Every voter before entering the
booth shall be instructed regarding its operation. The
instruction shall be illustrated on the model and the voter
given the opportunity to personally operate the model. The
voter's attention shall also be called to the diagram of the
face of the machine so that the voter becomes familiar with the
location of the questions and the names of the offices and
candidates. At least one election judge shall remain in
constant attendance at the instruction model and diagram and
occupy himself at all times with the duties of instructing the
voters. If any voter after entering the voting machine booth
asks for additional instruction in operating the machine the
instruction shall be given him by two election judges who are
members of different major political parties, if such there be.
After giving instruction the election judges shall retire from
the voting machine booth and the voter shall thereafter proceed
to vote alone and in secrecy. If any voter at a primary after
entering the voting machine booth and setting the primary lever
of a major political party so as to release the candidates of
that party for voting, and turning down levers over the names of
candidates, but before recording the votes for any candidates,
states to the election judges that he wishes to enter the
primary of a different major political party, the entire
election board shall go to the machine and shall see that all
voting levers have been returned to the unvoted position so that
no votes may be cast for any candidates or for or against any
questions or other propositions, and the voter shall then be
permitted to return the operating lever to its original position
and start from the beginning once more. In each such case the
entire election board shall sign a certificate stating what was
done and the certificate shall be returned with the official
returns of the primary.
Subd. 3. When any voter states under oath that he cannot
read English, or that he is physically unable to operate the
voting machine in order to record his vote thereon, he may call
to his aid two of the election judges of different major
political party affiliation, who shall prepare his ballot on the
machine as he may desire, and in as secret a manner as
circumstances permit. When he also states that he If the voter
is deaf or cannot speak the English language or understand it
when spoken, the election judges may select two persons from
different major political parties to act as interpreters, who
shall take an oath similar to that taken by the election judges,
and assist such person in voting. When the voter shall prefer
Alternatively, he the voter may call to his aid any voter of the
same precinct, who obtain the assistance of any individual the
voter chooses. The individual who assists the voter shall take
an oath that he or she is eligible to do so. Only the following
persons may not provide assistance to a voter: the voter's
employer, an agent of the voter's employer, an officer or agent
of the voter's union, or a candidate for election. The person
who assists the voter shall, unaccompanied by an election judge,
may retire with him the voter to the voting machine booth and
prepare such the voter's ballot on such the voting machine for
him the voter; but no such person shall prepare the ballot of
more than three such voters at one election. Before registering
his vote such voter may show his ballot, as prepared for
recording, privately to an election judge to ascertain that it
is prepared as directed. No election judge or other person so
assisting a voter shall in any manner request, persuade, or
induce, or attempt to persuade such voter to vote for or against
any particular major political party, candidate or question, but
shall prepare the ballot as rquested, and shall not reveal to
any other person the name of any candidate for whom the voter
has voted, or anything that took place while so assisting him.
Subd. 4. The election judges shall admit but one voter to
the voting machine at one time and only after it has been
ascertained that he is entitled to vote. The voting on the
voting machine shall be secret except as herein provided for
voters needing assistance and no voter shall remain within the
voting machine booth longer than three minutes and if he shall
refuse to leave it after the lapse of three minutes he shall be
removed by the election judges. If necessitated by the length
of the ballot or the handicap of the voter, election judges may
allow a voter to remain in the voting booth longer than three
minutes.
Subd. 5. If the official ballots at a precinct at which a
voting machine is to be used are not delivered at the time
required, or if after delivery they shall become lost, destroyed
or stolen the election judges shall immediately notify the clerk
or other authority under whose direction the ballots are printed
who shall cause other ballots to be prepared, printed, or
written as nearly in the form of the official ballot as
practicable. The election judges shall cause such substituted
ballots to be used in the same manner as the official ballots.
Subd. 6. Ballots cast for persons not nominated by the use
of the machine device provided for that purpose shall be
designated irregular ballots.
Subd. 7. If any voting machine being used in any election
shall become out of order during such election it shall be
repaired if possible or another machine substituted as promptly
as possible. In case such substitution or repair cannot be
made, paper ballots printed or written, and of any suitable form
may be used for the taking of votes and for such purpose voting
machine sample ballots may be used.
Sec. 17. [EFFECTIVE DATE; APPLICATION.]
Sections 1 to 16 are effective August 1, 1984, except that
election materials printed before the effective date of sections
1 to 16 may be used until July 1, 1985.
Approved April 25, 1984
Official Publication of the State of Minnesota
Revisor of Statutes