Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 447-H.F.No. 1338 
           An act relating to elections; clarifying certain 
          provisions relating to voting machines; amending 
          Minnesota Statutes 1982, section 123.32, subdivision 
          7; and Minnesota Statutes 1983 Supplement, section 
          204C.24, subdivision 1; proposing new law coded in 
          Minnesota Statutes, chapter 206; repealing Minnesota 
          Statutes 1982, sections 206.01 to 206.23; and 
          Minnesota Statutes 1983 Supplement, sections 206.08, 
          subdivision 3; 206.09; 206.11; 206.19, subdivision 1; 
          and 206.21, subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                  LEVER AND ELECTRONIC VOTING METHODS 
    Section 1.  [206.55] [MINNESOTA ELECTION LAW APPLIES.] 
    The use of lever voting machines and electronic voting 
systems is governed by sections 1 to 29 and by all other 
provisions of the Minnesota election law which are not 
inconsistent with sections 1 to 29.  
    Sec. 2.  [206.56] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] The definitions in chapter 200 and 
in this section apply to sections 1 to 29.  
    Subd. 2.  [AUTOMATIC TABULATING EQUIPMENT.] "Automatic 
tabulating equipment" includes apparatus necessary to 
automatically examine and count votes designated on ballot 
cards, and data processing machines which can be used for 
counting ballots and tabulating results.  
    Subd. 3.  [BALLOT.] "Ballot" includes ballot strips, ballot 
cards, ballot booklets, and paper ballots.  
    Subd. 4.  [BALLOT BOOKLET.] "Ballot booklet" means the 
material which contains the titles of offices, names of 
candidates, party designation in a partisan primary or election, 
and a statement of any question accompanied by the words "Yes" 
and "No," and which is used with the marking device in an 
electronic voting system.  
    Subd. 5.  [BALLOT CARD.] "Ballot card" means a ballot which 
is voted by the process of punching or which is marked so that 
votes may be counted by automatic tabulating equipment.  
    Subd. 6.  [BALLOT STRIPS.] "Ballot strips" means that 
portion of the cardboard, paper, or other material within the 
ballot frame on a lever voting machine which contains the names 
of candidates, the title of offices, party designation in a 
partisan primary or election, and a statement of any question, 
accompanied by the words "Yes" and "No."  
    Subd. 7.  [COUNTING CENTER.] "Counting center" means a 
place selected by the governing body of a municipality where an 
electronic voting system is used for the automatic processing 
and counting of ballots.  
    Subd. 8.  [ELECTRONIC VOTING SYSTEM.] "Electronic voting 
system" means a system in which the voter records votes by means 
of marking or punching a ballot, which is designed so that votes 
may be counted by automatic tabulating equipment at a counting 
center.  
    Subd. 9.  [MARKING DEVICE.] "Marking device" means either 
an apparatus in which ballot cards are inserted and used in 
connection with a punch instrument for the piercing of the 
ballot cards by the voter or any approved device for marking a 
paper ballot with ink or other substance which will enable the 
ballot to be tabulated by means of automatic tabulating 
equipment.  The mark made by the marking device may be in the 
form of a round dot, a square, or any other shape that will 
clearly indicate the intent of the voter.  
    Subd. 10.  [OPERATING LEVER.] "Operating lever" means the 
lever on a lever voting machine which the voter must move to the 
right in order to close the curtains of the machine and unlock 
the machine for voting, and which the voter must move to the 
left in order to open the curtains of the machine and record his 
vote.  
    Subd. 11.  [PRIMARY LEVER.] "Primary lever" means the lever 
on a lever voting machine which the voter must operate in a 
political party primary to unlock the voting levers assigned to 
the candidates of the political party in whose primary the voter 
wishes to vote. 
    Subd. 12.  [PROTECTIVE COUNTER.] "Protective counter" means 
the separate counter built into a lever voting machine which 
cannot be reset and which records the total number of movements 
of the operating mechanism.  
    Subd. 13.  [PUBLIC COUNTER.] "Public counter" means the 
counter which shows during a period of voting the total number 
of voters who have operated a lever voting machine during the 
period of voting.  
    Subd. 14.  [QUESTION.] "Question" means a statement of any 
constitutional amendment, local ordinance, charter amendment, or 
other proposition being submitted to the voters at an election.  
    Subd. 15.  [VOTING LEVER.] "Voting lever" means the lever 
on a lever voting machine which the voter must turn down over 
the name of the candidate and leave down in order to cast a vote 
for the candidate.  
    Sec. 3.  [206.57] [EXAMINATION OF NEW VOTING SYSTEMS.] 
    Subdivision 1.  [EXAMINATION AND REPORT BY SECRETARY OF 
STATE; APPROVAL.] A vendor of a lever voting machine or 
electronic voting system may apply to the secretary of state to 
examine the machine or system and to report as to its compliance 
with the requirements of law and as to its accuracy, durability, 
efficiency, and capacity to register the will of voters.  The 
secretary of state or a designee shall examine the machine or 
system submitted and file a report on it in the office of the 
secretary of state.  Examination is not required of every 
individual machine or counting device, but only of each type of 
lever voting machine or electronic voting system before its 
adoption, use, or purchase and before its continued use after 
significant changes have been made in an approved machine or 
system.  
    If the report of the secretary of state or his designee 
concludes that the kind of machine or system examined complies 
with the requirements of sections 1 to 29 and can be used 
safely, the machine or system shall be deemed approved by the 
secretary of state, and may be adopted and purchased for use at 
elections in this state.  A voting machine or system not 
approved by the secretary of state may not be used at an 
election in this state.  The secretary of state may adopt 
permanent and temporary rules consistent with sections 1 to 29 
relating to the examination and use of voting machines and 
electronic voting systems.  
    Subd. 2.  [EXAMINATION FEE.] The secretary of state may 
assess a fee to accompany the application to cover the actual 
and necessary costs for the examinations and licenses provided 
for in this section.  The fee shall be deposited in the state 
treasury.  The expenses of administering this section shall be 
paid from the appropriations made to the secretary of state.  
    Subd. 3.  [ADVISORY TASK FORCE.] The secretary of state may 
appoint a nonpartisan advisory task force to assist in the 
examining and reporting duties prescribed in this section.  
    The task force expires and the terms, compensation, and 
removal of members are as provided in section 15.059.  
    Sec. 4.  [206.58] [AUTHORIZATION FOR USE.] 
    Subdivision 1.  [MUNICIPALITIES.] The governing body of a 
municipality, at a regular meeting or at a special meeting 
called for the purpose, may provide for the use of lever voting 
machines or, by the affirmative vote of two-thirds of its 
members, may provide for the use of an electronic voting system, 
in one or more precincts and at all elections in the precincts.  
    If a machine is designed in a way that does not allow 
voting on all candidates and issues pursuant to this chapter, 
the machines may be used to the extent compliance with this 
chapter is possible and paper ballots complying with election 
laws shall be used for all other offices and issues.  No machine 
or system shall be adopted or used unless it has been approved 
by the secretary of state pursuant to section 3.  
    Subd. 2.  [MAY USE EXPERIMENTAL MACHINES.] The governing 
body of a municipality may provide for the experimental use of 
lever voting machines or an electronic voting system in one or 
more precincts without formal adoption of the machines or 
system.  Use of the machines or system at an election shall be 
as valid for all purposes as if the machines or system had been 
permanently adopted.  
    When the governing body of a municipality decides to use 
lever voting machines or an electronic voting system, it shall, 
at a regular or special meeting held not less than 30 days 
before the election, prescribe suitable rules and instructions 
consistent with the provisions of sections 1 to 30, for using 
the machine or system and shall submit the rules and 
instructions to the secretary of state for approval.  When 
approved, a printed copy of the rules and instructions shall be 
posted prominently in the polling place and shall remain open to 
inspection by the voters throughout election day.  
    Subd. 3.  [COUNTIES.] The governing body of a county may 
provide for the use of lever voting machines in one or more 
precincts of the county at all elections.  The governing body of 
a county containing a city of the first class, at a regular 
meeting or at a special meeting called for the purpose, may 
provide for the use of lever voting machines or, by the 
affirmative vote of two-thirds of its members, may provide for 
the use of an electronic voting system, in one or more 
municipalities of the county, at all elections.  The governing 
body of the municipality shall give approval before a voting 
machine or electronic voting system may be adopted or used in 
the municipality under the authority of this section.  No 
machine or system may be adopted or used unless it has been 
approved by the secretary of state pursuant to section 3.  
     Subd. 4.  [CERTIFICATION OF USE OF VOTING MACHINES.] When a 
municipality adopts the use of lever voting machines or an 
electronic voting system, it is the duty of the municipal clerk 
to certify to the secretary of state within 30 days from the 
date of adoption that lever voting machines or an electronic 
voting system will be used in the municipality and the date when 
use will commence.  
    Sec. 5.  [206.59] [PAYMENT FOR MACHINES.] 
    Payment for lever voting machines or an electronic voting 
system may be provided for in the manner deemed in the best 
interests of the political division adopting and purchasing 
them.  A municipality or county may make payment by 
appropriating money from the general fund, by levying a tax in 
the same manner as other taxes are levied, or by issuing and 
selling bonds or other certificates of indebtedness, which shall 
be a charge upon the municipality or county adopting and 
purchasing the lever voting machines or electronic voting system.
Bonds or other certificates of indebtedness may be issued by a 
majority vote of the governing body of the municipality or 
county adopting and purchasing voting machines or an electronic 
voting system, notwithstanding any contrary provision contained 
in any home rule charter or law of this state.  
    The bonds or certificates of indebtedness issued may bear 
interest at a rate not exceeding the rate provided in section 
475.55 and may be made payable at a time not exceeding 20 years 
from the date of issue, as determined by the resolution or 
ordinance authorizing the issue.  The bonds or certificates of 
indebtedness may be issued exclusive of and in addition to any 
limit of indebtedness fixed by the charter of a municipality, or 
by laws governing a municipality or county, but the bonds or 
certificates of indebtedness may not be issued or sold at less 
than par and accrued interest on them.  
    Sec. 6.  [206.60] [PRECINCTS MAY BE CHANGED.] 
    The precincts in which lever voting machines or an 
electronic voting system are to be used may be enlarged, 
reduced, or reformed in the manner prescribed in sections 
204B.14 and 204B.15, so that each precinct, when formed, shall 
contain not more than 600 registered voters for each voting 
machine or marking device to be used in the precinct.  More than 
one voting machine or marking device may be used in a precinct.  
    Sec. 7.  [206.61] [BALLOTS; DIAGRAMS FOR VOTING MACHINES.] 
    Subdivision 1.  [OFFICIAL RESPONSIBLE FOR PROVIDING 
BALLOTS.] The official charged with providing paper ballots when 
they are used shall provide all ballot strips and ballot cards, 
ballot booklets, diagrams, sample ballots, precinct summary 
statements, and other necessary supplies needed for lever voting 
machines or electronic voting systems, except as otherwise 
provided by this section.  
    At general elections and primaries the county auditor of 
each county in which lever voting machines or an electronic 
voting system are used shall provide all ballot strips, ballot 
cards, ballot booklets, and other necessary printed forms and 
supplies needed for the lever voting machines or electronic 
voting system, including all forms needed for voting on 
candidates and questions, the ballots for which are required by 
the election laws to be provided by the state when paper ballots 
are used.  
    Subd. 2.  [PRINTING ON BALLOTS.] A ballot strip or ballot 
booklet must have printed on its face the words "Official 
Ballot" and the date of the election.  Except as otherwise 
provided in sections 1 to 29 all ballot strips and ballot 
booklets shall be printed in black ink in as plain, clear type 
as size permits, on material of the same color as is required 
for paper ballots and of a size which will fit the ballot frame 
of a lever voting machine or the marking device of an electronic 
voting system.  In a prominent place on ballot strips for 
constitutional amendments or that portion of the ballot booklet 
containing constitutional amendments shall be printed a notice 
stating that failure to vote on a constitutional amendment is, 
in effect, a vote in the negative.  The county auditor may use 
one inch or more space between the partisan and nonpartisan 
ballot strip or portions of the ballot booklet.  
    Subd. 3.  [CANDIDATES' NAMES.] Candidates' names may be set 
in as large type as the length of the majority of names on the 
ballot permits.  The remaining candidates' names may be set in 
smaller sizes of type as the length of each name requires, in 
order to fit the available space on the ballot strip or ballot 
booklet.  
    Subd. 4.  [ORDER OF CANDIDATES.] On the "State Partisan 
Primary Ballot" prepared for primary elections, and on the white 
ballot prepared for the general election, the order of the names 
of nominees or names of candidates for election shall be the 
same as required for paper ballots.  More than one column or row 
may be used for the same office or party.  
    Subd. 5.  [ALTERNATION.] The provisions of the election 
laws requiring the alternation of names of candidates shall be 
observed as far as practicable by changing the order of the 
names on the lever voting machines or an electronic voting 
system in the various precincts so that each name appears on the 
machines or marking devices used in a municipality substantially 
an equal number of times in the first, last, and in each 
intermediate place in the list or group in which they belong. 
However, the arrangement of candidates' names shall be the same 
on all lever voting machines or marking devices used in the same 
precinct.  
    Subd. 6.  [PRESIDENTIAL CANDIDATES.] On the ballot strip 
under or adjacent to a single lever or in the ballot booklet 
shall be the names of the candidates for president and vice 
president of a party or other political group, preceded by the 
party's or group's name.  A vote registered or recorded by the 
use of the lever machine or device shall be counted for each of 
the candidates for presidential electors of that party or group. 
     Subd. 7.  [CANDIDATES FOR GOVERNOR AND LIEUTENANT 
GOVERNOR.] On lever voting machines and electronic voting 
systems, candidates for governor and lieutenant governor shall 
appear so that a single vote will apply to both offices and 
instructions to voters shall state that they are to vote for 
"one team."  The full names of candidates for governor and 
lieutenant governor as they appear on their filing papers shall 
appear in type set as large as the majority of the other names 
on the partisan ballot.  
    Subd. 8.  [BALLOTS USED UPON ADOPTION OR REJECTION OF AN 
ORDINANCE.] In a city of the first class operating under a home 
rule charter, where lever voting machines or an electronic 
voting system are used, when there is a question of the adoption 
or rejection of an ordinance proposed by petition of the voters, 
when an ordinance passed by the council has been referred for 
submission to the voters by petition of the voters, or when by 
voluntary reference the council submits an ordinance to the vote 
of the people, as provided in the home rule charter, the ballot 
strip or ballot booklet used in voting on the question must 
state briefly the general nature of it without the necessity of 
setting forth the full title of the ordinance.  
    Sec. 8.  [206.62] [SAMPLE BALLOTS.] 
    The officials who prepare ballot strips or ballot booklets 
shall provide each polling place with at least two sample 
ballots which are facsimiles of the ballot strip or ballot 
booklet to be voted on in that precinct.  Candidates' names may 
not be rotated on the sample ballots but must be arranged in 
alphabetical order for all offices where rotation of names on 
the official ballots is required by law.  The sample ballots may 
be either in full or reduced size.  They must contain suitable 
illustrated directions for voting on a lever voting machine or 
for operating a marking device, or illustrated instructions must 
be provided on a separate poster placed adjacent to each sample 
ballot.  The sample ballots must be posted prominently in the 
polling place and must remain open to inspection by the voters 
throughout election day.  
    Sec. 9.  [206.63] [PAPER BALLOTS TO BE AVAILABLE.] 
    When lever voting machines or an electronic voting system 
are used in an election, a reasonable supply of paper ballots 
and ballot boxes must be maintained by the official charged with 
providing ballot strips or ballot booklets and ballot cards for 
a polling place where lever voting machines or an electronic 
voting system is used.  If one or more of the voting machines or 
marking devices in a polling place fails to function during the 
election, the official in charge of elections may dispatch paper 
ballots and ballot boxes to the polling place in the quantity 
the official deems necessary to avoid undue delay occasioned by 
the machine or marking device failure.  If paper ballots are 
used in an election pursuant to this section, they must be 
handled, counted, and canvassed in the same manner as absentee 
ballots.  When notification of machine or marking device failure 
is received, the official in charge of supplying ballots shall 
notify the county headquarters of the major political parties 
with an office in the county or the county chairmen of the major 
political parties without delay and before paper ballots are 
distributed.  
    Sec. 10.  [206.64] [ACCESSIBILITY; INSTRUCTIONS; ASSISTANCE 
TO VOTERS.] 
    Subdivision 1.  [GENERAL PROVISIONS FOR LEVER MACHINE 
VOTING AND ELECTRONIC SYSTEM VOTING.] Each lever voting machine 
and electronic voting system booth must be placed and protected 
so that it is accessible to only one voter at a time and is in 
full view of all the election judges and challengers at the 
polling place.  The election judges shall admit one individual 
at a time to each machine or booth after determining that the 
individual is eligible to vote.  Voting by lever voting machine 
or electronic voting system shall be secret, except as provided 
in this section for voters who need assistance.  A voter may 
remain inside the voting booth for three minutes.  A voter who 
refuses to leave the voting booth after three minutes shall be 
removed by the election judges.  An election judge shall inspect 
the face of each lever voting machine and marking device after 
each voter has voted to determine that the ballot strips and 
ballot booklets are in the proper places and that the machine or 
device has not been injured or tampered with.  During voting 
hours the door or other compartment of a lever voting machine 
may not be unlocked or opened, nor may the counters be exposed 
except by a custodian or other authorized person, who shall make 
and sign a statement of explanation to be attached to the 
election returns. 
    Subd. 2.  [VOTER INSTRUCTION AT THE POLLS.] For the 
instruction of the voters there shall be, so far as practicable 
in each polling place where lever voting machines or an 
electronic voting system are used, at least one mechanical model 
of a portion of the face of the voting machine or a demonstrator 
model of the electronic system.  The model must be located 
during voting hours in a place which the voter must pass to 
reach the voting booth.  Each voter before entering the voting 
booth shall be instructed in its operation.  The instructions 
shall be illustrated on the model, and the voter shall be given 
the opportunity to operate the model.  The voter's attention 
shall also be called to the sample ballot 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 with the instruction model and diagram and 
shall be available at all times to instruct voters.  A voter who 
asks for additional instruction in operating a lever voting 
machine or marking device after entering the voting booth shall 
be instructed by two judges belonging to opposite major 
political parties.  After giving the instruction the election 
judges shall retire from the voting booth, and the voter shall 
proceed to vote alone and in secrecy.  
    Sec. 11.  [206.66] [VIOLATIONS; PENALTIES.] 
    Subdivision 1.  [INJURING VOTING MACHINES.] An individual 
who intentionally injures or attempts to injure or render 
ineffectual a lever voting machine or any component of an 
electronic voting system, or who violates any of the provisions 
of sections 1 to 29, is guilty of a felony.  
    Subd. 2.  [VIOLATION OF LAW, RULES.] An individual who 
violates any rules adopted by the secretary of state or by the 
governing body of a municipality where lever voting machines or 
an electronic voting system are used, or who violates any of the 
provisions of sections 1 to 29 is guilty of a gross misdemeanor. 

                  SECTIONS COVERING ONLY LEVER MACHINES
    Sec. 12.  [206.68] [LEVER VOTING MACHINES.] 
    A lever voting machine adopted by a county or municipality 
must be constructed to automatically register and count all 
votes cast; to insure every voter an opportunity to vote in 
secret; to conceal the number of votes for each candidate and 
upon each question during the hours of voting; to permit a voter 
to vote once and only once for all the candidates and upon all 
the questions for whom or upon which he is legally entitled to 
vote; to permit a voter to vote by means of devices connected 
with the mechanism of the machine for any person for any office 
elective by the voters of the voter's precinct at an election, 
even if the person's name does not appear upon the machine as a 
candidate for the office; to prevent a voter from voting for 
more than one person for an office, unless the voter is lawfully 
entitled to vote for more than one person, and in that event to 
limit the voter to the number to be elected to the office; to 
prevent a primary voter from voting for the nomination of 
candidates of more than one party, or for a person whose name is 
not on the primary ballot; and to prevent a voter from voting 
for a candidate or upon a proposed question for whom or upon 
which the voter is not lawfully entitled to vote.  Lever voting 
machines may be used which are not constructed to permit a voter 
to change from one party to another in a party primary or to 
retract a write-in vote.  In these cases the voter must follow 
the procedure provided in section 18, subdivision 2 in order to 
change a vote.  
    Sec. 13.  [206.69] [BOND FOR UPKEEP OF MACHINES.] 
    Payment may not be made upon the purchase price of a lever 
voting machine until the vendor has filed with the secretary of 
state a bond with sufficient sureties, identifying each machine 
by its number, and conditioned to keep the machine in good 
working order, at the vendor's expense, for five years.  The 
penalty of the bond must be at least $200, and upon a breach of 
the bond's conditions the amount of the penalty is the measure 
of damages recoverable by the purchaser.  
    Sec. 14.  [206.70] [CUSTODIAN OF MACHINES.] 
    Subdivision 1.  [APPOINTMENT; DUTIES.] Immediately after 
the installation of lever voting machines in a municipality or 
county the governing body shall appoint, to serve at its 
pleasure, as many custodians as necessary to prepare the 
machines for elections and to repair, store, and care for them. 
The custodians, under the direction of the governing body and 
the officials in charge of elections, shall represent these 
authorities during the preparation of the voting machines. After 
the machines have been prepared for the election, the custodians 
shall have the machines delivered to the polling places at least 
12 hours before the opening of the polls and shall set them in 
proper manner for use at the election.  The custodians of voting 
machines shall be paid for their services commensurate with the 
work required, and their compensation shall be fixed by the 
governing body of the municipality or county which appoints them.
    Subd. 2.  [VOTING MACHINE KEYS.] The custodians shall keep 
secure all keys to voting machines.  A public official who by 
law is authorized to have custody of a voting machine may have 
the keys to a machine which is in his custody.  Election 
officials entrusted with keys for election purposes may not 
retain them longer than necessary to accomplish these purposes. 
It is unlawful for an unauthorized person to possess the keys of 
a voting machine.  
    Sec. 15.  [206.71] [CANDIDATES, ARRANGEMENT OF NAMES.] 
    Subdivision 1.  [PLACEMENT.] On lever voting machines the 
titles of offices must be arranged either horizontally with the 
names of the candidates arranged vertically under the title of 
the office, or vertically with the names of the candidates 
arranged horizontally opposite the respective titles.  The names 
of all candidates of a political party must be placed in the 
same row or column.  If for any office there is no candidate of 
a party named at the primary, so that a blank space will appear 
on the ballot strip, the blank space must contain a notice in 
the same type size and style as names of candidates, indicating 
that names of candidates for the office appear (above and) 
below, or to the (left and) right, of the space, whichever 
applies.  
    Subd. 2.  [CANDIDATES FOR GOVERNOR AND LIEUTENANT 
GOVERNOR.] If two spaces or frames in the candidates' column are 
necessary to accommodate the names comprising each team, only 
the voting lever opposite the name of the candidate for governor 
may be operable on machines on which candidates' names are 
arranged vertically.  On machines where the candidates' names 
are arranged horizontally, the name of the candidate for 
governor must appear immediately above the corresponding 
candidate for lieutenant governor and only the voting lever on 
the right above that team may be operable.  Voters shall be 
informed when a voting lever will not be operable.  
    Subd. 3.  [QUESTIONS.] When a question is to be voted upon 
on a lever voting machine, the question must occupy an area no 
smaller than three inches by four inches in the space provided 
for that purpose and be arranged in the manner which 
construction of the machine requires.  A prominent notice of the 
question must follow the last office title, or, if there is 
inadequate space, appear in the next available column or row. 
The notice must contain at least one arrow pointing toward the 
question and must contain language in the same type size as used 
for office titles, directing the voter to the location on the 
machine where the question is to be found.  
    Sec. 16.  [206.72] [INSTRUCTIONS TO JUDGES AND VOTERS.] 
    Subdivision 1.  [TRAINING FOR ELECTION JUDGES.] Not more 
than 30 days before the primary or before the general election 
if no primary is held at which a lever voting machine is to be 
used, the official in charge of elections shall conduct a 
meeting or meetings to instruct election judges about the 
operation of the lever voting machine and the duties of election 
judges when lever voting machines are used.  Each election judge 
serving in a precinct where lever voting machines are used shall 
attend at least one meeting prior to either the primary or the 
general election in which the judge is to serve, and shall 
receive a certificate showing that he has attended an 
instruction meeting and has been found qualified to serve.  Each 
judge who attends an instruction meeting and qualifies and 
serves at an election shall receive at least $1 for the time 
spent in receiving instruction, plus transportation costs for 
going to and from the meeting, which shall be paid at the same 
time and in the same manner as the payment for serving on 
election day.  A training certificate may only be issued to an 
individual who has attended an instruction meeting and has been 
found qualified to serve as an election judge.  No one is 
eligible to serve as judge who has not received a training 
certificate.  In case of emergency, when an insufficient number 
of certified judges is available, election judges may be 
appointed to conduct the election who have not received the 
required certificate.  
    Subd. 2.  [SAMPLE VOTING MACHINE.] Before an election at 
which lever voting machines will be used, the official in charge 
of elections shall have placed in one or more convenient 
locations a voting machine with sample ballot strips for the 
purpose of instructing voters in the operation of the machine. 
If the ballot strips used for this purpose are the same that 
will be used for the election, the counting mechanism of the 
machine must be concealed from view until the machine is 
prepared for the election; if the machine is not used at the 
election, the counting mechanism must remain concealed from view 
until after the election.  
    Sec. 17.  [206.73] [OFFICIALS TO PREPARE LEVER MACHINES FOR 
USE.] 
    The official in charge of elections shall examine all lever 
voting machines before they are sent out to the polling places 
to see that all the registering counters are set at zero (000), 
to lock all voting machines so that the counting mechanism 
cannot be operated, to seal each voting machine with a numbered 
seal, and to make a written record of the seal.  
    Before the voting machines are prepared for an election, 
written notices must be mailed to the chairman of the county 
committee of each political party, if the name of the chairman 
is on file with the county auditor, stating when and where the 
voting machines will be prepared, and at which times and places 
one representative of each political party, designated by the 
chairman of the county committee of the party, may be present to 
see that the machines are properly prepared and placed in 
condition for use at the election.  In nonpartisan primaries and 
elections each candidate may designate one representative who 
shall have the same powers as the political party 
representatives.  
    When the machines have been prepared for the election, it 
is the duty of the custodians and the political party or the 
candidate representatives at their discretion, to make a 
certificate in writing, which must be filed in the office of the 
official in charge of elections in the municipality, stating the 
serial number of each machine, whether or not all registering 
counters have been set at zero (000), the number registered on 
the protective counter, and the number on the metal seal with 
which the machine is sealed.  
    Sec. 18.  [206.74] [LEVER VOTING MACHINES ON ELECTION DAY.] 
    Subdivision 1.  [PREPARATION OF MACHINES.] The election 
judges shall meet at the polling place at least one hour before 
the time for opening the polls.  Not later than one hour before 
the polls open, the keys to the voting machines shall be 
delivered to one of the judges in a sealed envelope on which is 
recorded the location and number of the voting machine, the 
number of the seal, and the number registered on the protective 
counter as reported by the custodian.  The election judges shall 
examine the envelope containing the keys to determine that it 
has not been opened and to ascertain that the number registered 
on the protective counter and the numbers on the seals with 
which the machine is sealed correspond with the numbers recorded 
on the envelope containing the keys.  If the envelope appears to 
have been opened, if the numbers do not agree, if the numbered 
metal seal is broken or has been tampered with, or if any other 
discrepancy is found, the election judges shall immediately 
notify the custodian or other authorized person, who shall come 
to the polling place, reexamine the machine and certify that it 
is in order, if he finds it to be so.  If the numbers on the 
seals and on the protective counter agree with the numbers on 
the envelope, the judges shall open the door concealing the 
registering counters, carefully examine every counter to see 
that it registers zero (000) and allow the challengers to 
examine them.  If the machine is equipped with a device for 
printing, embossing, or photographing the registering counters, 
in lieu of opening the machine, the election judges shall 
operate it to produce a printed, embossed, or photographed 
record in order to determine that every counter registers zero 
(000).  The judges shall allow the challengers to examine the 
record.  The election judges shall then compare the ballot 
strips on the voting machine with the summary statements 
furnished, to determine that the names and numbers, and letters, 
if any, on the ballot strips agree with the summary statement. 
The judges shall then sign a certificate showing the delivery of 
the keys in a sealed envelope, the number on the seal or seals, 
the number registered on the protective counter, that all the 
registering counters are set at zero (000), and that the ballot 
strips are properly placed in the machine.  
    Subd. 2.  [CHANGING PARTY CHOICE OR RETRACTING VOTE.] A 
voter at a primary who has entered the voting machine booth, set 
the primary lever of a major political party to release the 
candidates of the party for voting, and turned down levers over 
the names of candidates, but has not yet recorded votes for any 
candidates, may, if he wishes, enter the primary of a different 
major political party by so informing the election judges.  In a 
general election, a voter who has cast a write-in vote may 
retract it by informing the judges.  In either case all the 
judges shall go to the machine and shall see that all voting 
levers have been returned to the unvoted position or that any 
write-in vote has been removed, crossed out, or erased, so that 
no votes may be cast for any candidates or on any questions. The 
voter shall then be permitted to return the operating lever to 
its original position and start from the beginning.  A change 
from one major political party to another in a primary or the 
retraction of a write-in vote in a general election shall be 
noted by the election judges.  In each of these cases all the 
election judges shall sign a certificate stating what was done, 
and the certificate shall be included with the official returns 
of the primary.  
    Subd. 3.  [ASSISTANCE IN PREPARING BALLOTS.] When a voter 
states under oath that the voter cannot read English or is 
physically unable to operate the voting machine, the voter may 
call for aid from two election judges of different major 
political party affiliation, who shall prepare the voter's 
ballot on the machine as the voter desires in as secret a manner 
as circumstances permit.  If a voter states that the voter 
cannot speak the English language or understand it when spoken, 
the judges may select two persons from different major political 
parties to act as interpreters.  The interpreters shall take an 
oath similar to that taken by the judges and shall assist the 
voter in voting.  If the voter prefers, he may call to his aid 
another voter of the same precinct, who, unaccompanied by a 
judge, may retire with the voter to the voting booth and prepare 
the voter's ballot on the voting machine for him; but no person 
shall prepare the ballot of more than three voters at one 
election.  Before registering his vote the voter may show his 
ballot, as prepared for recording, privately to a judge to 
ascertain that it is prepared as directed.  No judge or other 
person assisting a voter shall in any manner request, persuade, 
induce, or attempt to persuade the voter to vote for or against 
a particular political party, candidate, or question but shall 
only prepare the ballot as requested, and shall not reveal to 
any one the name of any candidate for whom the voter has voted, 
or anything that took place while the judge or other person 
assisted the voter.  
    Subd. 4.  [LOST, DESTROYED, STOLEN, OR MISDELIVERED 
BALLOTS.] If the official ballots at a precinct at which a lever 
voting machine is to be used are not delivered on time or if 
after delivery they are lost, destroyed, or stolen, the election 
judges shall immediately notify the municipal clerk or county 
auditor to have other ballots prepared as nearly as practicable 
in the form of the official paper ballot.  The judges shall use 
these substituted ballots in the same manner as the official 
ballots.  
    Subd. 5.  [INOPERATIVE VOTING MACHINE.] If a lever voting 
machine being used in an election becomes out of order during 
the election, it must be repaired if possible or another machine 
substituted as promptly as possible.  If substitution or repair 
cannot be made, printed or written paper ballots in any suitable 
form, including machine sample ballots, may be used for voting.  
    Subd. 6.  [WRITE-IN BALLOTS.] Ballots not cast by the use 
of the lever on the voting machine must be designated write-in 
ballots.  
    Sec. 19.  [206.75] [MACHINES; LOCKING, OPENING, CUSTODY, 
AND CARE.] 
    Subdivision 1.  [READING AND RECORDING RESULTS.] As soon as 
voting has ended, the election judges shall lock or lock and 
seal each voting machine against voting.  The judges shall then 
sign a certificate stating that each machine has been locked or 
locked and sealed against voting, the number of voters as shown 
on the public counter, the number on the seal, and the number 
registered on the protective counter.  The judges shall then 
open the counter compartment in the presence of the challengers 
and any other persons who are lawfully present in the polling 
place, permitting a full view of all the counter numbers.  If 
the machine is equipped with a device for printing, embossing, 
or photographing the registering counters, the judges shall 
produce a printed, embossed, or photographed record of the 
counters.  One election judge, under the scrutiny of a judge of 
a different major political party, shall read and announce in 
distinct tones the designation on each counter for each 
candidate's name, the result as shown by the counter numbers, 
and then the votes recorded for each office on the write-in 
ballots, in the order that the offices appear on the machine. 
The judge shall in the same manner announce the vote on each 
question.  As each vote total is announced from the counter of 
the machine, or as a printed, embossed, or photographed record 
of it is produced, it must immediately be entered on the 
statement of results, in figures only, in ink, by two judges of 
different major political parties in the space which has the 
same designation as the vote total being announced.  The figures 
must then be verified by being called off from the counters by 
an election judge who recorded the totals on a statement of 
results during the original count of the results.  The judge who 
recorded the totals on a statement of results during the 
original count shall act as watcher at the machine counters 
during the verification of the results.  Each judge shall then 
sign a certificate which is a part of the statement of results, 
indicating that the results shown are the true and correct 
results of the election and that the count has been completed in 
accordance with law.  After the proclamation of the vote, ample 
opportunity shall be given to any person lawfully present to 
compare the results announced with the counter dials of the 
machine, or the printed, embossed, or photographed record. 
Necessary corrections shall then and there be made by the 
judges.  If absent voters' ballots have been voted, those 
ballots shall be counted and the vote for each candidate 
announced and added to the vote recorded on the statement of 
results of votes cast by machine.  Absent voters' ballots and 
write-in ballots, enclosed in separate properly sealed and 
endorsed packages, shall be filed with the original statement of 
results.  In precincts using only one voting machine, if the 
machine is equipped with a device for printing, embossing, or 
photographing the registering counters, two copies of the 
printed, embossed, or photographed record, signed by the judges, 
together with a statement of write-in votes and absentee votes, 
if any, may constitute the statement of results for the 
precinct.  The election judge filing the returns shall deliver 
to the official from whom they were received, the keys to each 
voting machine, enclosed in a sealed envelope bearing a 
certificate on which the judges state the number of each 
machine, the district where it was used, the number of the seal, 
if any, and the number of the protective counter.  
    Subd. 2.  [STATEMENT OF RESULTS.] In each precinct where 
voting machines are used, a statement of results must be printed 
to conform to the type of lever voting machine used.  The 
designation on the counter for each candidate must be printed 
next to the candidate's name on the statement of results.  The 
arrangement of the names on the statement of results for each 
precinct must conform exactly to the arrangement of the names on 
the voting machines to be used in the precinct.  The statement 
of results must provide for the entry of the number of votes for 
each candidate and the number of "yes" and "no" votes on each 
question as shown on each machine used in the precinct, the 
number of absentee ballots, and the total number of votes by 
absentee ballots and machine, for each candidate and upon each 
question.  Upon completion of the count the election judges 
shall enclose the statements of results in sealed envelopes. The 
statements of results may be opened by the authorities in charge 
of elections before the official canvass for the purpose of 
checking the addition and compiling the unofficial returns and 
preparing the official records.  Statements of results must be 
in the form prescribed by the secretary of state.  
    Sec. 20.  [206.76] [CANVASSING BOARD TO INSPECT MACHINES.] 
    When the canvassing board in a municipality where lever 
voting machines are used convenes to canvass the election 
returns, and before it proceeds with the canvass, the board 
shall inspect the registering counter or other recording device 
on the voting machine which shows the number of votes cast for 
each candidate or question voted on at the election and any 
write-in ballots recorded on the machine.  The canvassing board 
shall also compare the number of votes shown by each voting 
machine to have been cast for each candidate and on each 
question with the statement of results made by the election 
judges of the precincts in which the voting machines were used. 
If there is a discrepancy between the statement of results and 
the number of votes shown by the voting machines at the 
inspection, the canvassing board shall correct the statement of 
results, so that it conforms to the vote shown by the machines 
at the inspection.  The statement of results as corrected by the 
canvassing board shall be deemed the true return of the number 
of votes cast for each candidate and on each question in the 
precinct.  For the purpose of inspecting voting machines the 
canvassing board may adjourn its sessions from time to time as 
necessary and may hold its sessions at any place within the 
county where the voting machines are usually stored.  After 
correcting the statements of results the canvassing board shall 
proceed to the performance of its duties as provided by law.  
    In case of an election contest the statements of results, 
as corrected by the canvassing board, are prima facie evidence 
of the vote cast for each candidate and on each question at an 
election, in the same manner as are the summary statements of 
the election judges in precincts where lever voting machines are 
not used.  
    Sec. 21.  [206.77] [SECURITY OF MACHINES; RETENTION OF 
BALLOTS.] 
    Subdivision 1.  [OPENING OF MACHINES.] Lever voting 
machines shall remain locked against use until all automatic 
recounts have been verified by the appropriate election office 
and the time for filing a contest of election has passed.  When 
a contest of election has been filed, the voting machines shall 
remain locked until the voting machine count has been verified 
in accordance with the orders of the appropriate court.  
    Subd. 2.  [WRITE-IN BALLOTS.] Write-in ballots must be 
preserved for one year after an election and may be opened and 
examined only upon an order of a judge of a court having 
jurisdiction.  After one year the ballots may be disposed of in 
the discretion of the official in charge of them.  

                        ELECTRONIC SYSTEMS ONLY 
    Sec. 22.  [206.80] [ELECTRONIC VOTING SYSTEMS.] 
    An electronic voting system may not be employed unless it 
    (1) permits every voter to vote in secret;  
    (2) permits every voter to vote for all candidates and 
questions for whom or upon which the voter is legally entitled 
to vote;  
    (3) provides for write-in voting when authorized;  
    (4) rejects by means of the automatic tabulating equipment, 
except as provided in section 26 with respect to write-in votes, 
all votes for an office or question when the number of votes 
cast on it exceeds the number which the voter is entitled to 
cast;  
    (5) permits a voter at a primary election to select 
secretly the party for which the voter wishes to vote; and 
    (6) rejects, by means of the automatic tabulating 
equipment, all votes cast in a primary election by a voter when 
the voter votes for candidates of more than one party.  
    Sec. 23.  [206.81] [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL 
USE.] 
    The secretary of state may license an electronic voting 
system for experimental use at an election prior to its approval 
for general use.  Experimental use shall be observed by the 
secretary of state or his designee and the results observed 
shall be considered at any subsequent proceedings for approval 
for general use.  The secretary of state may adopt rules 
consistent with sections 1 to 29 relating to experimental use. 
The extent of experimental use shall be determined by the 
secretary of state.  
    Sec. 24.  [206.82] [PREPARATION OF ELECTRONIC VOTING SYSTEM 
PROGRAMS AND PLANS.] 
    Subdivision 1.  [PROGRAM.] A program for use in an election 
conducted by means of an electronic voting system shall be 
prepared at the direction of the county auditor or municipal 
clerk who is responsible for the conduct of the election and 
shall be independently verified by a competent person designated 
by that official.  The term "competent person" as used in this 
section means a person who can demonstrate that he is a 
knowledgeable computer programmer and who is other than and 
wholly independent of any person operating or employed by the 
counting center or the corporation or other preparer of the 
program.  A test deck prepared by a competent person shall be 
used for independent verification of the program; it shall test 
the maximum digits used in totaling the returns and shall be 
usable by insertion during the tabulation process as well as 
prior to tabulation.  The secretary of state shall adopt rules 
further specifying test procedures.  
    Subd. 2.  [PLAN.] The municipal clerk in a municipality 
where an electronic voting system is used and the county auditor 
of a county in which a counting center serving more than one 
municipality is located shall prepare a plan which indicates 
acquisition of sufficient facilities, computer time, and 
professional services and which describes the proposed manner of 
complying with section 22.  The plan must be signed, notarized, 
and submitted to the secretary of state more than 60 days before 
the first election at which the municipality uses an electronic 
voting system and prior to July 1 in every general election 
year.  The secretary of state shall review each plan for its 
sufficiency and may request technical assistance from the 
department of administration or other agency which may be 
operating as the central computer authority.  The secretary of 
state shall notify each reporting authority of the sufficiency 
or insufficiency of its plan within 20 days of receipt of the 
plan.  The attorney general, upon request of the secretary of 
state, may seek a district court order requiring an election 
official to fulfill duties imposed by this subdivision or by 
rules promulgated pursuant to this section.  
    Sec. 25.  [206.83] [TESTING OF MACHINES.] 
    Where electronic voting systems are used, within five days 
prior to the election day, the official in charge of elections 
shall have the automatic tabulating equipment tested to 
ascertain that the equipment will correctly count the votes cast 
for all candidates and on all questions.  Public notice of the 
time and place of the test must be given at least two days in 
advance by publication once in official newspapers.  The test 
must be observed by at least two election judges, who are not of 
the same major political party, and must be open to 
representatives of the political parties, candidates, the press, 
and the public.  The test must be conducted by processing a 
preaudited group of ballots punched or marked to record a 
predetermined number of valid votes for each candidate and on 
each question, and must include for each office one or more 
ballot cards which have votes in excess of the number allowed by 
law in order to test the ability of the automatic tabulating 
equipment to reject those votes.  If any error is detected, the 
cause must be ascertained and corrected and an errorless count 
must be made before the automatic tabulating equipment is 
approved.  The test must be repeated immediately before the 
start of the official count of the ballots, in the manner 
provided in this section.  After the completion of the count, 
the programs used and ballot cards must be sealed, retained, and 
disposed of as provided for paper ballots.  
    Sec. 26.  [206.84] [METHODS OF USING ELECTRONIC VOTING 
SYSTEMS.] 
    Subdivision 1.  [INSTRUCTION OF JUDGES, VOTERS.] The 
officials in charge of elections shall determine procedures to 
instruct election judges and voters in the use of electronic 
voting system marking devices.  
     Subd. 2.  [SAMPLE MARKING DEVICE.] Before an election at 
which an electronic voting system will be used, the official in 
charge of elections shall have placed in one or more convenient 
locations a marking device with a sample ballot booklet for the 
purpose of instructing voters in the operation of the marking 
device.  Official ballot cards may not be used for instructional 
purposes.  
    Subd. 3.  [BALLOTS.] The ballot information, whether placed 
on the ballot card or on the ballot booklet must, as far as 
practicable, be in the same order provided for paper ballots, 
except that the information may be in vertical or horizontal 
rows, or on a number of separate pages.  
    The pages of a partisan primary ballot booklet may be 
different colors or may otherwise differentiate between the 
parties.  All pages of a party's primary ballot must be 
consecutive, without the insertion of pages from another party. 
Partisan primary ballot booklets must contain a prominent notice 
of the effect of attempting to vote in more than one party's 
primary.  A separate ballot booklet may also be used for each 
party in a partisan primary.  
    Ballots for all questions must be provided in the same 
manner.  Where ballot booklets are placed in a marking device, 
they shall be arranged on or in the marking device in the places 
provided.  Ballot cards may contain special printed marks and 
holes as required for proper positioning and reading of the 
ballots by electronic vote counting equipment.  Ballot cards 
must contain an identification of the precinct for which they 
have been prepared which can be read visually and which can be 
tabulated by the automatic tabulating equipment.  
    Subd. 4.  [WRITE-IN BALLOTS.] If write-in space is not 
provided on the ballot card, a separate write-in ballot, which 
may be in the form of a paper ballot, card, or envelope in which 
the voter places his ballot card after voting, must be provided 
when write-in voting is authorized so that voters may write in 
the names of persons whose names are not on the ballot.  
    Subd. 5.  [VOTING BOOTHS.] In precincts where an electronic 
voting system is used, one voting booth or compartment must be 
provided for each marking device.  The booths or compartments 
shall be arranged in the manner provided in precincts where 
paper ballots are used.  At a primary, separate marking devices 
may be provided in each booth or compartment for use with the 
separate partisan primary ballot booklets permitted by this 
section, except that separate ballot booklets may not be used if 
they would impair the right to vote in secret.  
    Subd. 6.  [DUTIES OF OFFICIAL IN CHARGE.] The official in 
charge of elections in each municipality where an electronic 
voting system is used shall have the marking devices put in 
order, set, adjusted, and made ready for voting when delivered 
to the election precincts.  The official shall also provide each 
precinct with a container for transporting ballot cards to the 
counting location after the polls close.  The container shall be 
of sturdy material to protect the ballots from all reasonably 
foreseeable hazards including auto collisions.  The election 
judges shall meet at the polling place at least one hour before 
the time for opening the polls.  Before the polls open the 
election judges shall compare the ballot booklets used with the 
sample ballots furnished to see that the names, numbers, and 
letters on both agree and shall certify to that fact on forms 
provided for the purpose.  The certification must be filed with 
the election returns.  
    Subd. 7.  [SPOILED BALLOT CARDS.] A voter who spoils a 
ballot card or makes an error may return it to the election 
judges and obtain another.  Except as otherwise provided in 
sections 1 to 29, the election judges shall conduct the election 
in the manner prescribed for precincts using paper ballots in 
chapters 204C and 204D.  
    Sec. 27.  [206.85] [OFFICIALS IN CHARGE OF COUNTING.] 
    Subdivision 1.  [DUTIES OF RESPONSIBLE OFFICIAL.] The 
official in charge of elections in a municipality where an 
electronic voting system is used must:  
    (a) be present or personally represented throughout the 
counting center proceedings;  
    (b) be responsible for acquiring sufficient facilities and 
personnel to ensure timely and lawful processing of votes;  
    (c) be responsible for the proper training of all personnel 
participating in counting center proceedings and deputize all 
personnel who are not otherwise election judges;  
    (d) maintain actual control over all proceedings and be 
responsible for the lawful execution of all proceedings in the 
counting center whether by experts or laymen;  
    (e) be responsible for assuring the lawful retention and 
storage of ballots and read-outs; and 
    (f) arrange for observation by the public and by 
candidates' representatives of counting center procedures by 
publishing the exact location of the counting center in a legal 
newspaper at least once during the week preceding the week of 
election and in the newspaper of widest circulation once on the 
day preceding the election, or once the week preceding the 
election if the newspaper is a weekly.  
    The official may make arrangements with news reporters 
which permit prompt reporting of election results but which do 
not interfere with the timely and lawful completion of counting 
procedures.  
    Subd. 2.  [COUNTING CENTER IN MORE THAN ONE MUNICIPALITY.] 
If a counting center serves more than one municipality, the 
county auditor of the county where the center is located is in 
sole charge of overall administration of the center and must 
    (a) establish procedures to implement the timely and lawful 
completion of the counting center proceedings;  
    (b) coordinate training of all counting center personnel 
and require additional training as needed;  
    (c) ask the county attorney, at least 30 days prior to an 
election, whether circumstances require that the municipalities 
sharing the use of a counting center resolve their respective 
duties and financial responsibilities by execution of a joint 
powers agreement pursuant to section 471.59; and 
    (d) coordinate, and if necessary, exercise the duties 
imposed by this section on the official in charge of elections 
in a municipality where an electronic voting system is used.  
    Sec. 28.  [206.86] [COUNTING ELECTRONIC VOTING SYSTEM 
RESULTS.] 
    Subdivision 1.  [AT THE VOTING LOCATION.] In precincts 
where an electronic voting system is used, as soon as the polls 
are closed the election judges shall secure the marking devices 
against further voting.  They shall then open the ballot box and 
count the number of ballot cards or envelopes containing ballot 
cards that have been cast to determine that the number of ballot 
cards does not exceed the number of voters shown on the election 
register or registration file.  If there is an excess, the 
judges shall process the ballot cards in the same manner as 
paper ballots are processed in section 204C.20, subdivision 2. 
The total number of voters must be entered on the forms 
provided.  The judges shall next count the write-in votes and 
enter the number of those votes on forms provided for the 
purpose.  If ballot cards are used, all ballot envelopes on 
which write-in votes have been recorded must be serially 
numbered, starting with the number one, and the same number must 
be placed on the ballot card of the voter.  The judges shall 
compare the write-in votes with the votes cast on the ballot 
card.  If the total number of votes for any office exceeds the 
number allowed by law, a notation to that effect must be entered 
on the back of the ballot card and the card must be returned to 
the counting center in an envelope marked "defective ballots"; 
however, valid votes on ballot cards containing invalid votes 
must be counted as provided in subdivision 5.  If paper ballots 
are used, the judges, before counting the write-in votes, shall 
compare the write-in votes with the votes cast elsewhere on the 
ballot card.  If the total number of votes for an office 
involving a write-in vote exceeds the number allowed by law, a 
notation to that effect must be entered on the back of the 
ballot.  Valid votes on the rest of such a ballot must be 
tallied by the judges at the precinct, on a form provided for 
the purpose.  The ballot must then be placed in an envelope 
marked "defective ballots" and returned to the counting center. 
The total number of defective ballots must be added to the 
totals for the respective precincts and the defective ballots 
disposed of as provided by section 204C.25.  
    Subd. 2.  [TRANSPORTATION OF BALLOT CARDS.] The judges 
shall place all voted ballot cards, envelopes with write-in 
ballots, defective ballots, and damaged ballots in the container 
provided for transporting them to the counting center.  The 
container must be sealed and delivered immediately to the 
counting center by two judges who are not of the same major 
political party.  The judges shall also deliver to the counting 
center in a suitable container the unused ballot cards, the 
spoiled ballot envelope, and the ballot envelopes issued to the 
voters and deposited during the day in the ballot box. 
    Subd. 3.  [COUNTING CENTERS OPEN; SECURITY.] Proceedings at 
the counting center are open to the public.  They are under the 
direction of the official in charge of elections in each 
municipality where an electronic voting system is used and must 
be under the observation of at least two election judges who are 
not of the same major political party.  Only persons employed 
and authorized for the purpose may touch any ballot card, ballot 
container, or statement of absentee ballot results.  
    Subd. 4.  [PRELIMINARY TABULATION.] When the ballot cards 
arrive at a counting center where votes are counted by a 
multiple use computer, they must be given to the counting center 
election judges.  For purposes of this subdivision a multiple 
use computer is automatic tabulating equipment which can perform 
functions other than counting votes.  If the election judges at 
the precinct have determined that any ballot cards are not 
defective by reason of improper write-in votes, those ballot 
cards may be counted by the automatic tabulating equipment 
before inspection by the counting center election judges.  The 
results of this preliminary tabulation may be made available to 
the public if the tabulation is clearly identified as unofficial.
    After any preliminary tabulation has been made, the ballot 
cards must be returned to the counting center election judges 
who shall examine them for physical defects and prepare 
replacements, if necessary, as provided in subdivision 5.  
    Subd. 5.  [DAMAGED, DEFECTIVE BALLOT CARDS.] If a ballot 
card is damaged or defective so that it cannot be counted 
properly by the automatic tabulating equipment, a true duplicate 
copy must be made of the damaged ballot card in the presence of 
two judges not of the same major political party and must be 
substituted for the damaged ballot card.  Likewise, a duplicate 
ballot card must be made of a defective ballot card which may 
not include the votes for the offices for which it is 
defective.  Duplicate ballot cards must be clearly labeled 
"duplicate," indicate the precinct in which the corresponding 
damaged or defective ballot was cast, bear a serial number which 
must be recorded on the damaged or defective ballot card, and be 
counted in lieu of the damaged or defective ballot card.  If a 
ballot card is damaged or defective so that it cannot be counted 
properly by the automatic tabulating equipment, the ballot card 
must be tallied at the counting center by two judges not of the 
same major political party and the totals for all these ballot 
cards must be added to the totals for the respective precincts.  
    Subd. 6.  [FINAL TABULATION.] A final tabulation of ballots 
must be obtained from the automatic tabulating equipment after 
all damaged or defective cards have been replaced.  The final 
tabulation, together with the returns of write-in and absentee 
votes and the precinct summary statements prepared in accordance 
with section 204C.24, constitute the official return of each 
precinct.  Upon completion of the count the returns are open to 
the public.  The automatic tabulating equipment must be 
programmed to provide a complete recapitulation of all ballots 
processed.  It may be programmed to provide information in 
addition to that required in the official return of each 
precinct, if the officials in charge of elections deem that 
advisable in order to provide election statistics to evaluate 
the performance of the electronic voting system or other aspects 
of the election.  
    Sec. 29.  [206.87] [CANVASSING BOARD DUTIES.] 
    In a municipality where an electronic voting system is used 
the canvassing board shall be constituted and shall perform the 
same duties as provided in sections 204C.32, 204C.33, and 
204C.39 on the canvassing of paper ballots. 
     Sec. 30.  Minnesota Statutes 1982, section 123.32, 
subdivision 7, is amended to read: 
    Subd. 7.  The board of any independent school district, at 
any regular meeting, or special meeting called for that purpose, 
may provide for the use of voting machines at all school 
elections to be held in that district.  The board and any 
municipal corporation, owning or using voting machines, may 
enter into an agreement for the rental and use of the voting 
machines for that purpose.  The provisions of section 204B.22, 
subdivision 1 and sections 206.02 to 206.23 chapter 206 apply to 
the use of voting machines in school elections insofar as 
applicable. 
    Sec. 31.  Minnesota Statutes 1983 Supplement, section 
204C.24, subdivision 1, is amended to read: 
    Subdivision 1.  [INFORMATION REQUIREMENTS.] Notwithstanding 
the provisions of sections 206.185, subdivision 5; and 206.21, 
subdivisions 1 and 2, Precinct summary statements shall be 
submitted by the election judges in every precinct.  The 
election judges shall complete three or more copies of the 
summary statements, and each copy shall contain the following 
information for each kind of ballot:  
    (a) the number of votes each candidate received or the 
number of yes and no votes on each question, the number of 
partially blank ballots and the number of partially defective 
ballots with respect to each office or question;  
    (b) the number of totally blank ballots, the number of 
totally defective ballots, the number of spoiled ballots, and 
the number of unused ballots;  
    (c) the number of individuals who voted at the election in 
the precinct;  
    (d) in counties with permanent registration, the number of 
voters registered before the polling place opened and the number 
of voters registering on election day in that precinct; and 
    (e) the signatures of the election judges who counted the 
ballots certifying that all of the ballots cast were properly 
piled, checked, and counted; and that the numbers entered by the 
election judges on the summary statements correctly show the 
number of votes cast for each candidate and for and against each 
question. 
    Sec. 32.  [REPEALER.] 
    Minnesota Statutes 1982, sections 206.01; 206.02; 206.025; 
206.026; 206.03; 206.04; 206.05; 206.06; 206.07; 206.075; 
206.08, subdivisions 1, 2, and 4; 206.095; 206.10; 206.12; 
206.13; 206.14;  206.15;  206.16; 206.17; 206.18; 206.185; 
206.19, subdivisions 2 and 3;  206.195; 206.20; 206.21, 
subdivisions 1, 2, 4, and 5; 206.211; and 206.23; Minnesota 
Statutes 1983 Supplement, sections 206.08, subdivision 3; 
206.09; 206.11; 206.19, subdivision 1; and 206.21, subdivision 3 
are repealed.  
    Sec. 33.  [EFFECTIVE DATE.] 
    This act is effective January 1, 1985. 
    Approved April 23, 1984