Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 376-S.F.No. 1476 
           An act relating to elections; making the requirements 
          for school election absentee ballots the same as those 
          for the general election; amending Minnesota Statutes 
          1982, section 123.32, subdivision 24. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 123.32, 
subdivision 24, is amended to read: 
    Subd. 24.  (a) Any person entitled to vote in an election 
in an independent district who will be absent from the district 
at the time the election is held, or who by reason of physical 
disability or religious discipline will be unable to appear at 
the polling place at the time the election is held, may vote by 
mail or hand deliver an absentee ballot envelope in accordance 
with this subdivision. 
    (b) Not more than 45 nor less than one day before the 
election a voter desiring an absentee ballot shall make a 
request in writing for an absentee ballot to the clerk of the 
district.  The request shall be made in person or by mail, shall 
be signed, and shall state substantially the following:  a) the 
permanent address of the applicant; b) the reason the applicant 
cannot vote in person; c) that the applicant wishes a ballot for 
(date election to be held); and d) that the applicant will be 
qualified to vote at the election. The application shall be 
signed and sworn before an officer authorized to administer 
oaths.  The temporary mailing address, if any, of the applicant 
shall be included in the request. 
    (c) As soon as the ballots are printed, the clerk shall, by 
certified mail or in person, deliver a ballot to each 
applicant.  The clerk also shall furnish a "ballot envelope" and 
a return envelope, both envelopes addressed to the clerk of the 
district. 
    (d) Together with the ballot and envelopes the clerk shall 
furnish an instruction sheet to each applicant.  The sheet shall 
read:  "Absentee Voting ...................... School District 
No. ......  Instructions 
    1.  Mark your ballot in the usual manner making certain 
that no one observes how you vote. 
    2.  Enclose ballot in 'ballot envelope' and seal.  Do not 
make any marks on ballot envelope. 
    3.  Place sealed 'ballot envelope' in regular mailing 
envelope furnished to you. 
    4.  Execute certificate on bottom of this sheet and enclose 
with 'ballot envelope' in regular envelope and mail not later 
than one day before the election.  If your ballot is received by 
the clerk after the close of the polls, it will not be counted. 

                              CERTIFICATE 
    I, ........., hereby certify that I am a legal resident of 
........  School District Number .....; that I am ..... years of 
age and reside at ........; that I am under no legal disability 
to vote; that I am entitled to vote at this election in the 
district, and I will not vote in any manner other than by the 
ballot contained in the enclosed 'ballot envelope.' 
    ..................." 
    (e) Before any ballots are counted, the clerk shall deliver 
unopened all regular mailing envelopes which have come into his 
possession and all ballots delivered to him by the officers or 
employees of the United States post office department and all 
other ballot envelopes delivered to him in person prior to the 
opening of the ballot boxes by the judges together with all 
applications for absentee ballots to the judges of election at 
the proper polling places.  The clerk shall sign his name over 
the seals of the regular mailing envelopes to insure against 
tampering and deliver the same to the judges after the polls 
have opened and before they close. 
    (f) Before opening the ballot boxes, the judges shall 
inspect the regular envelopes to ascertain that they were 
properly mailed and then open the regular envelopes and compare 
the signature on the certificate contained in the envelope with 
the signature as it appears on the application for absentee 
ballot.  Having satisfied themselves that the vote should be 
allowed, one of the judges shall write the word "received" and 
his own initials on the "ballot envelope" and deposit the 
unopened "ballot envelope" in a separate absentees ballot box. 
    (g) After the polls have closed and before the regular 
ballot boxes are opened, the judges shall open the absentees 
ballot box, remove the ballot from each "ballot envelope", 
initial it and deposit it in the regular ballot box. 
    (h) Ballots received by the clerk after the count has been 
begun by the judges are void. 
    (i) The board is authorized to provide necessary funds to 
the clerk for the execution of this chapter. 
    (j) In any district where permanent registration of voters 
is required no ballot may be accepted from any voter who is not 
validly registered. 
    (k) Any person who shall wilfully make or sign any false 
certificates specified herein; any person who shall wilfully 
make any false or untrue statement in any application for an 
absentee ballot; any person who shall wilfully exhibit to any 
other person any ballot marked by him; any person who shall in 
any way wilfully do any act contrary to the terms and provisions 
of this chapter with intent to cast an illegal vote in any 
district or to aid another in so doing shall be guilty of a 
felony. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment 
for school election absentee ballot applications submitted on 
and after that date and for school election absentee ballots 
mailed on and after that date.  
    Approved April 6, 1984