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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1986 

                        CHAPTER 381-S.F.No. 2245 
           An act relating to elections; providing for the use of 
          certain optical scan electronic voting systems; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 206.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [206.90] [OPTICAL SCAN VOTING SYSTEMS.] 
    Subdivision 1.  [DEFINITION.] For the purposes of this 
section, "optical scan voting system" means an electronic voting 
system approved for use under sections 206.80 to 206.81 in which 
the voter records votes by marking with a pencil or other 
writing instrument a ballot on which the names of candidates, 
office titles, party designation in a partisan primary or 
election, and a statement of any question accompanied by the 
words "Yes" and "No" are printed. 
    Subd. 2.  [PROCEDURES.] To the extent possible, procedures 
for using an optical scan voting system must be the same as 
those used for other electronic voting systems, unless this 
section provides otherwise.  
    Subd. 3.  [AVAILABILITY OF PAPER BALLOTS.] For the purposes 
of section 206.63, "paper ballots" includes ballot cards which 
are voted by marking with a pencil or other writing instrument 
and on which are printed the names of candidates, office titles, 
party designation in a partisan primary or election, and a 
statement of any question accompanied by the words "Yes" and 
"No." 
    Subd. 4.  [ABSENTEE VOTING.] An optical scan voting system 
may be used for absentee voting as long as an appropriate 
marking instrument is supplied to the voter along with the 
ballot. 
    Subd. 5.  [INSTRUCTION OF JUDGES, VOTERS.] In instructing 
judges and voters under section 206.84, subdivision 1, officials 
in charge of election precincts using optical scan voting 
systems shall include instruction on the proper mark for 
recording votes on ballot cards marked with a pencil or other 
writing instrument and the insertion by the voter of the ballot 
card into automatic tabulating equipment that examines and 
counts votes as the ballot card is deposited into the ballot box.
    Subd. 6.  [BALLOTS.] In precincts using optical scan voting 
systems, a single ballot card on which all ballot information is 
included must be printed in black ink on white or buff colored 
material except that marks not to be read by the automatic 
tabulating equipment may be printed in another color ink.  If 
more than one ballot card is required, the cards must, so far as 
practicable, be of the same color as is required for paper 
ballots. 
    Subd. 7.  [VOTING BOOTHS.] In precincts where an optical 
scan voting system is used, the number of voting booths must be 
sufficient to provide for the number of voters expected.  
Information needed to enable voters to mark ballot cards quickly 
and correctly must be posted in each voting booth. 
    Subd. 8.  [DUTIES OF ELECTION OFFICIALS.] The official in 
charge of elections in each municipality where an optical scan 
voting system is used shall have the automatic tabulating 
equipment that examines and counts votes as ballot cards are 
deposited into ballot boxes put in order, set, adjusted, and 
made ready for voting when delivered to the election precincts. 
    Subd. 9.  [SPOILED BALLOT CARDS.] Automatic tabulating 
equipment capable of examining a ballot card for defects and 
returning it to the voter before it is counted and deposited 
into the ballot box must be programmed to return as a spoiled 
ballot a ballot card with votes for an office or question which 
exceed the number which the voter is entitled to cast and at a 
primary a ballot card with votes for candidates of more than one 
party.  
    Subd. 10.  [COUNTING WRITE-IN VOTES.] In precincts using 
optical scan voting systems, the judges shall count the write-in 
votes and enter the number of those votes on forms provided for 
the purpose.  When the write-in votes are recorded on a medium 
that cannot be examined for write-in votes by the automatic 
tabulating equipment or the automatic tabulating equipment does 
not reject, 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 count, all ballot 
envelopes or other medium 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 section 
206.86, subdivision 5. 
    When the write-in votes are recorded on ballot cards that 
can be examined for write-in votes by the automatic tabulating 
equipment and the automatic tabulating equipment rejects 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, the 
judges shall examine the ballot cards with write-in votes and 
count the valid write-in votes. 
    Approved March 19, 1986