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

  

                         Laws of Minnesota 1987 

                        CHAPTER 266-H.F.No. 239 
           An act relating to elections; providing for school 
          district elections to be conducted according to 
          Minnesota election law; appropriating money; amending 
          Minnesota Statutes 1986, sections 6.54; 122.22, 
          subdivisions 2 and 4; 122.23, subdivisions 2, 9, and 
          10; 122.25, subdivision 1; 123.11, subdivision 7; 
          123.33, subdivision 4; 123.351, subdivision 1; 123.51; 
          127.09; 127.11; 200.01; 200.015; 200.02, by adding a 
          subdivision; 201.016, subdivision 2; 201.018, 
          subdivision 2; 201.061, subdivisions 3 and 6; 201.071, 
          subdivision 3, and by adding a subdivision; 201.221, 
          subdivision 3; 201.27, subdivision 2; 203B.01, 
          subdivision 2; 203B.04, subdivision 1; 203B.05, 
          subdivision 2; 203B.06, subdivision 2; 203B.08, 
          subdivision 4; 203B.10; 203B.12, subdivision 6; 
          203B.13; 203B.15; 203B.19; 203B.23; 204B.02; 204B.09, 
          subdivision 2; 204B.16, subdivision 1; 204B.18, 
          subdivision 2; 204B.19, subdivision 1; 204B.25, 
          subdivision 1; 204B.29; 204B.31; 204B.32; 204B.34, by 
          adding a subdivision; 204B.35, subdivision 1; 204C.02; 
          204C.06, subdivision 2; 204C.07, subdivision 3; 
          204C.08, subdivision 4; 204C.19, subdivision 2; 
          204C.20, subdivision 4; 204C.24, subdivision 2; 
          204C.25; 204C.26, subdivisions 2 and 3; 204C.27; 
          204C.28, by adding a subdivision; 204C.29, subdivision 
          1; 204C.36; 206.56, by adding a subdivision; 206.58, 
          subdivision 2; 209.02; 209.021, subdivision 3; 
          210A.01, subdivision 3; proposing coding for new law 
          in Minnesota Statutes, chapter 206; proposing coding 
          for new law as Minnesota Statutes, chapter 205A; 
          repealing Minnesota Statutes 1986, sections 123.015; 
          123.32; and 201.095. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1

                              ELECTION LAWS
    Section 1.  Minnesota Statutes 1986, section 200.01, is 
amended to read:  
    200.01 [CITATION, MINNESOTA ELECTION LAW.] 
    This chapter and chapters 201, 202A, 203B, 204B, 204C, 
204D, 205, sections 48 to 60, 206, 208, 209 and 210A shall be 
known as the Minnesota election law. 
    Sec. 2.  Minnesota Statutes 1986, section 200.015, is 
amended to read:  
    200.015 [SCHOOL DISTRICT ELECTIONS EXCLUDED APPLICATION.] 
    This chapter and chapters 201, 202A, 203B, 204B, 204C, 
204D, 205, 206, 208, 209 and 210A do not apply The Minnesota 
election law applies to school district all elections held in 
this state unless otherwise specifically provided by law. 
    Sec. 3.  Minnesota Statutes 1986, section 200.02, is 
amended by adding a subdivision to read: 
    Subd. 19.  [SCHOOL DISTRICT.] "School district" means an 
independent, special, or county school district. 
    Sec. 4.  Minnesota Statutes 1986, section 201.016, 
subdivision 2, is amended to read:  
    Subd. 2.  [DURATION OF RESIDENCE.] The governing body of 
any city by resolution may require an eligible voter to maintain 
residence in a precinct for a period of 30 days prior to voting 
on any question affecting only that precinct or voting to elect 
public officials representing only that precinct.  The governing 
body of any town by resolution may require an eligible voter to 
maintain residence in that town for a period of 30 days prior to 
voting in a town election.  The school board of any school 
district by resolution may require an eligible voter to maintain 
residence in that school district for a period of 30 days prior 
to voting in a school district election. 
    Sec. 5.  Minnesota Statutes 1986, section 201.018, 
subdivision 2, is amended to read:  
    Subd. 2.  [REGISTRATION REQUIRED.] An eligible voter must 
register in a manner specified by section 201.054, in order to 
vote in any primary, special primary, general, school district, 
or special election held in the county.  An eligible voter who 
maintains residence in a school district which uses the county 
voter registration system as authorized by section 201.095, must 
register in a manner specified by section 201.054, in order to 
vote in any school election held in that district.  
    Sec. 6.  Minnesota Statutes 1986, section 201.061, 
subdivision 3, is amended to read:  
    Subd. 3.  [ELECTION DAY REGISTRATION.] An individual who is 
eligible to vote may register on election day by appearing in 
person at the polling place for the precinct in which the 
individual maintains residence, by completing a registration 
card, making an oath in the form prescribed by the secretary of 
state and providing proof of residence.  An individual may prove 
residence for purposes of registering by: 
    (1) showing a drivers license or Minnesota identification 
card issued pursuant to section 171.07; 
    (2) showing any document approved by the secretary of state 
as proper identification; or 
    (3) having a voter who is registered to vote in the 
precinct sign an oath in the presence of the election judge 
vouching that the voter personally knows that the individual is 
a resident of the precinct.  A voter who has been vouched for on 
election day may not sign a proof of residence oath vouching for 
any other individual on that election day. 
    A county, school district, or municipality may require that 
an election judge responsible for election day registration 
initial each completed registration card.  
    Sec. 7.  Minnesota Statutes 1986, section 201.061, 
subdivision 6, is amended to read:  
    Subd. 6.  [PRECINCT MAP.] Except as otherwise provided by 
this subdivision, the county auditor shall provide each precinct 
with an accurate precinct map or precinct finder to assist the 
election judges in determining whether an address is located in 
that precinct.  A county auditor may delegate this 
responsibility as provided in section 201.221, subdivision 4, to 
a municipal or school district clerk who prepares precinct maps 
as provided in section 204B.14, subdivision 5.  
    Sec. 8.  Minnesota Statutes 1986, section 201.071, 
subdivision 3, is amended to read:  
    Subd. 3.  [DEFICIENT REGISTRATION.] No registration is 
deficient if it contains the voter's name, address, date of 
birth, prior registration if any and signature.  The absence of 
a zip code number does not cause the registration to be 
deficient.  The election judges shall request an individual to 
correct a registration card if it is deficient or illegible or 
may request the name or number of the voter's school district.  
No eligible voter may be prevented from voting unless the 
voter's registration card is deficient or the voter is duly and 
successfully challenged in accordance with sections 201.195 or 
204C.12. 
    A registration card accepted prior to August 1, 1983, is 
not deficient for lack of date of birth.  The county or 
municipality may attempt to obtain the date of birth for a 
registration card accepted prior to August 1, 1983, by a request 
to the voter at any time except at the polling place.  Failure 
by the voter to comply with this request does not make the card 
deficient.  
    Sec. 9.  Minnesota Statutes 1986, section 201.071, is 
amended by adding a subdivision to read: 
    Subd. 8.  [SCHOOL DISTRICT ASSISTANCE.] School districts 
shall assist county auditors in determining the school district 
in which a voter resides. 
    Sec. 10.  Minnesota Statutes 1986, section 201.221, 
subdivision 3, is amended to read:  
    Subd. 3.  [PROCEDURES FOR DUPLICATE REGISTRATION FILE.] The 
secretary of state shall prescribe the form of the duplicate 
registration file so that a duplicate card contains spaces for 
the voter's name, address, telephone number, school district 
number, and signature, and space to indicate whether the voter 
has voted in a given election.  The secretary of state shall 
prescribe procedures for transporting the duplicate registration 
files to the election judges for use on election day. 
    The secretary of state shall prescribe an alternate form of 
the duplicate registration file for counties and cities which 
make the election authorized by section 201.071, subdivision 5.  
The alternate form shall not require a duplicate card or voter's 
signature.  Information contained in the duplicate registration 
file shall include the voter's name, address, month and day of 
birth, last registration (if any), school district number, and a 
record of the vote history for the previous four years of 
elections.  The secretary of state shall prescribe the form for 
the duplicate registration file to be used on election day in 
the polling place and the file shall include the name, address, 
month and day of birth, school district number, and a space for 
the voters to sign the file when they vote.  The secretary of 
state shall prescribe the form for a county or municipality to 
request the day and month of birth from currently registered 
voters.  The county or municipality shall not request the day 
and month of birth from currently registered voters by any 
communication other than the prescribed form and the form shall 
clearly indicate that a currently registered voter does not lose 
registration status by failing to provide the day and month of 
birth.  The secretary of state shall prescribe procedures for 
transporting the duplicate registration files to the judges on 
election day.  In accordance with section 204B.40, the county 
auditor and the clerk of any municipality shall retain the 
prescribed duplicate registration file used on the date of 
election for one year following the election.  
    Sec. 11.  Minnesota Statutes 1986, section 201.27, 
subdivision 2, is amended to read:  
    Subd. 2.  [KNOWLEDGE OF VIOLATION.] A deputy, clerk, 
employee or other subordinate of a county auditor or 
municipal or school district clerk who has knowledge or reason 
to believe that a violation of this chapter has occurred shall 
immediately transmit a report of the knowledge or belief to the 
county auditor or municipal or school district clerk, together 
with any possessed evidence of the violation.  Any county 
auditor or municipal or school district clerk who has knowledge 
or reason to believe that a violation of this chapter has 
occurred shall immediately transmit a report of the knowledge or 
belief to the county attorney of the county where the violation 
is thought to have occurred, together with any possessed 
evidence of the violation.  The county auditor or municipal or 
school district clerk shall also immediately send a copy of the 
report to the secretary of state.  A violation of this 
subdivision is a misdemeanor. 
    Sec. 12.  Minnesota Statutes 1986, section 203B.01, 
subdivision 2, is amended to read:  
    Subd. 2.  [MUNICIPAL CLERK.] "Municipal clerk" means a 
full-time town or city clerk who is authorized or required to 
administer the provisions of sections 203B.04 to 203B.15, as 
provided in section 203B.05.  "Municipal clerk" also means clerk 
of the school district who is authorized or required to 
administer the provisions of sections 203B.04 to 203B.15, as 
provided in section 203B.05 for a school district election not 
held on the same day as a statewide election. 
    Sec. 13.  Minnesota Statutes 1986, section 203B.04, 
subdivision 1, is amended to read:  
    Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
otherwise allowed by subdivision 2, an application for absentee 
ballots for any election may be submitted at any time not less 
than one day before the day of that election.  An application 
submitted pursuant to this subdivision shall be in writing and 
shall be submitted to:  
    (a) the county auditor of the county where the applicant 
maintains residence; or 
    (b) the municipal clerk of the municipality, or school 
district if applicable, where the applicant maintains residence. 
    An application shall be accepted if it is signed and dated 
by the applicant, contains the applicant's residence and mailing 
addresses, and states that the applicant is eligible to vote by 
absentee ballot for one of the reasons specified in section 
203B.02. 
    Sec. 14.  Minnesota Statutes 1986, section 203B.05, 
subdivision 2, is amended to read:  
    Subd. 2.  [CITY, SCHOOL DISTRICT, AND TOWN ELECTIONS.] For 
city elections not held on the same day as a statewide election, 
for school district elections not held on the same day as a 
statewide election, and for town elections conducted under the 
Australian ballot system, applications for absentee ballots 
shall be filed with the city, school district, or town clerk and 
the duties prescribed by this chapter for the county auditor 
shall be performed by the city, school district, or town clerk 
unless the county auditor agrees to perform those duties on 
behalf of the city, school district, or town clerk.  The costs 
incurred to provide absentee ballots and perform the duties 
prescribed by this subdivision shall be paid by the city or, 
town, or school district holding the election.  
    Sec. 15.  Minnesota Statutes 1986, section 203B.06, 
subdivision 2, is amended to read:  
    Subd. 2.  [APPLICATIONS TO WRONG OFFICIAL.] If for any 
reason an application for absentee ballots is submitted to the 
wrong county auditor or city or town municipal clerk, that 
official shall promptly forward it to the proper county auditor 
or municipal clerk.  
    Sec. 16.  Minnesota Statutes 1986, section 203B.08, 
subdivision 4, is amended to read:  
    Subd. 4.  [RULES.] The secretary of state shall adopt rules 
establishing procedures to be followed by county auditors 
and town and city municipal clerks to assure accurate and timely 
return of absentee ballots.  The rules of the secretary of state 
may authorize procedures and methods of return in addition to 
those specified in this section.  
    Sec. 17.  Minnesota Statutes 1986, section 203B.10, is 
amended to read:  
    203B.10 [DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO 
ELECTION JUDGES.] 
    On the day before an election:  
    (a) The county auditor shall deliver to the town and city 
municipal clerks within that county the applications for 
absentee ballots theretofore received and endorsed as provided 
in section 203B.06, subdivision 5; and 
    (b) The town and city municipal clerks shall deliver the 
applications received from the county auditor and the 
applications for absentee ballots filed with their respective 
offices and endorsed as provided in section 203B.06, subdivision 
5, to the appropriate election judges.  Applications received on 
election day pursuant to section 203B.04, subdivision 2, shall 
be promptly delivered to the election judges in the precincts or 
to the judges of an absentee ballot counting board. 
    Sec. 18.  Minnesota Statutes 1986, section 203B.12, 
subdivision 6, is amended to read:  
    Subd. 6.  [EXCEPTION FOR MUNICIPALITIES OR SCHOOL DISTRICTS 
WITH ABSENTEE BALLOT COUNTING BOARDS.] In municipalities or 
school districts with an absentee ballot counting board, the 
election judges in each precinct shall receive and process 
return envelopes and ballot envelopes as provided in this 
section except that the ballot envelopes from return envelopes 
marked "Accepted" shall be delivered in an absentee ballot 
container to the absentee ballot counting board for the counting 
of ballots as soon as possible after processing.  Other law to 
the contrary notwithstanding, the governing body of a 
municipality or the school board of a school district with an 
absentee ballot precinct may authorize the judges of the 
absentee ballot precinct to validate ballots in the manner 
provided in this section.  The vote totals provided by the 
absentee ballot counting board shall be included in the vote 
totals on the summary statements of the returns for the precinct 
in which they were received.  
    Sec. 19.  Minnesota Statutes 1986, section 203B.13, is 
amended to read:  
    203B.13 [ABSENTEE BALLOT COUNTING BOARDS.] 
    Subdivision 1.  [ESTABLISHMENT.] The governing body of any 
municipality may by ordinance, or the school board of any school 
district may by resolution, authorize an absentee ballot 
counting board for the purpose of counting all absentee ballots 
cast in that municipality or school district.  The board shall 
consist of a sufficient number of election judges appointed as 
provided in sections 204B.19 to 204B.22.  
    Subd. 2.  [DUTIES.] The absentee ballot counting board 
shall:  
    (a) Receive from each precinct in the municipality or 
school district all ballot envelopes marked "Accepted" by the 
election judges; provided that the governing body of a 
municipality or the school board of a school district may 
authorize the board to examine all return absentee ballot 
envelopes and receive or reject absentee ballots in the manner 
provided in section 203B.12;  
    (b) Open and count the absentee ballots, tabulating the 
vote in a manner that indicates each vote of the absentee voter 
and the total absentee vote cast for each candidate or question 
in each precinct; and 
    (c) Report the vote totals tabulated for each precinct.  
    Subd. 3.  [COMPENSATION OF MEMBERS.] The city or town 
municipal clerk shall pay a reasonable compensation to each 
member of the absentee ballot counting board for services 
rendered during each election.  
    Subd. 3a.  [DUPLICATE REGISTRATION FILES.] If the election 
judges of an absentee ballot counting board are authorized to 
receive, examine, and validate absentee ballots, the county 
auditor or city municipal clerk shall remove from the duplicate 
registration files the cards of all persons who have applied for 
absentee ballots at the election and deliver them to the 
election judges of the absentee ballot counting board along with 
the applications for absentee ballots.  When a duplicate 
registration card has been removed from the file for this 
purpose it shall be replaced with a notification to the election 
judges that the voter's card has been removed and directing them 
to contact the election judges of the absentee ballot counting 
board if that voter should appear at the polling place for the 
purpose of voting in person.  If contacted by the judges of the 
precinct, the election judges of the absentee ballot counting 
board shall examine the duplicate registration card of the voter 
to determine if an absentee ballot has been cast.  They shall 
notify the precinct election judges of their findings and, if 
the absentee ballot has not yet been cast, the voter shall be 
allowed to vote in person.  The election judges of the absentee 
ballot counting board shall make a notation on the duplicate 
registration card that the voter has voted and no absentee 
ballot shall be counted for that voter.  
    Subd. 4.  [APPLICABLE LAWS.] Except as otherwise provided 
by this section, all of the laws applicable to absentee ballots 
and absentee voters and all other provisions of the Minnesota 
election law shall apply to an absentee ballot counting board. 
    Sec. 20.  Minnesota Statutes 1986, section 203B.15, is 
amended to read:  
    203B.15 [ADMINISTRATIVE EXPENSES.] 
    Each county shall pay the expenses incurred by its county 
auditor and each municipality or school district shall pay the 
expenses incurred by its clerk for administering the provisions 
of sections 203B.04 to 203B.15.  
    Sec. 21.  Minnesota Statutes 1986, section 203B.19, is 
amended to read:  
    203B.19 [RECORDING APPLICATIONS.] 
    Upon accepting an application, the county auditor shall 
record in a permanent register the voter's name, address of 
present or former residence in Minnesota, mailing 
address, school district number, and the category under section 
203B.16, to which the voter belongs.  After recording this 
information, the county auditor shall retain the application for 
two years after the date of the next general election.  A voter 
whose name is recorded as provided in this section shall not be 
required to register under any other provision of law in order 
to vote under sections 203B.16 to 203B.27.  
    Sec. 22.  Minnesota Statutes 1986, section 203B.23, is 
amended to read:  
    203B.23 [APPLICATION RECORDS; DELIVERY TO ELECTION JUDGES.] 
    When election materials are transmitted to the town and 
city municipal clerks as provided in section 204B.28, 
subdivision 2, the county auditor shall also transmit a 
certified copy of the record of applications compiled as 
provided in section 203B.19, for absentee ballots to be cast at 
that election in that town, school district, or city.  A 
certified copy of the record of additional applications received 
by the county auditor after the ballots have been delivered 
shall also be delivered to the appropriate town or 
city municipal clerk.  Each town and city municipal clerk shall 
in turn deliver to the election judges in the appropriate 
precincts the application records received from the county 
auditor.  
    Sec. 23.  Minnesota Statutes 1986, section 204B.02, is 
amended to read:  
    204B.02 [APPLICATION.] 
    This chapter applies to all elections held in this state, 
except school district elections and except as otherwise 
provided by law.  
    Sec. 24.  Minnesota Statutes 1986, section 204B.09, 
subdivision 2, is amended to read:  
    Subd. 2.  [OTHER ELECTIONS.] Affidavits of candidacy and 
nominating petitions for city, town or other elective offices 
shall be filed during the time and with the official specified 
in chapter 205 or other applicable law or charter.  Affidavits 
of candidacy and applications filed on behalf of eligible voters 
for school board office shall be filed during the time and with 
the official specified in chapter 205A or other applicable law. 
    Sec. 25.  Minnesota Statutes 1986, section 204B.16, 
subdivision 1, is amended to read:  
    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.  Polling places must 
be designated and ballots must be distributed so that no one is 
required to go to more than one polling place to vote in a 
school district and municipal election held on the same day.  
The polling place for a precinct in a municipality shall be 
located within the boundaries of the precinct or within 1,500 
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.  If no suitable place is available 
within the town, then the polling place for a town may be 
located outside the town within five miles of one of the 
boundaries of the town. 
    Sec. 26.  Minnesota Statutes 1986, section 204B.18, 
subdivision 2, is amended to read:  
    Subd. 2.  [BALLOT BOXES.] Each polling place shall be 
provided with one ballot box for each kind of ballot to be cast 
at the election.  The boxes shall be substantially the same 
color as the ballots to be deposited in them.  Each box shall be 
of sufficient size and shall have a sufficient opening to 
receive and contain all the ballots likely to be deposited in 
it.  When buff or goldenrod ballot boxes are required, a 
separate box must be provided for each school district for which 
ballots are to be cast at that polling place.  The number and 
name of the school district must appear conspicuously on the top 
of each buff or goldenrod ballot box. 
    Sec. 27.  Minnesota Statutes 1986, section 204B.19, 
subdivision 1, is amended to read:  
    Subdivision 1.  [INDIVIDUALS QUALIFIED TO BE ELECTION 
JUDGES.] Any individual who is eligible to vote in an election 
precinct is qualified to be appointed as an election judge for 
that precinct subject to this section.  If the files of the 
appointing authority do not contain sufficient voters within a 
precinct who are qualified and willing to serve as election 
judges, election judges may be appointed who reside in another 
precinct in the same municipality, or for school district 
elections, in the same school district.  If there are not 
sufficient voters within the municipality or school district who 
are qualified and willing to serve as election judges, election 
judges may be appointed who reside in the county where the 
precinct is located.  
    Sec. 28.  Minnesota Statutes 1986, section 204B.25, 
subdivision 1, is amended to read:  
    Subdivision 1.  [DUTIES OF COUNTY AUDITOR.] Each county 
auditor shall provide training for all election judges who are 
appointed to serve at any election to be held in the county.  
The county auditor shall also provide a procedure for emergency 
training of election judges elected to fill vacancies.  The 
county auditor may delegate to a municipal election official the 
duty to provide training of election judges in that municipality 
or school district. 
    Sec. 29.  Minnesota Statutes 1986, section 204B.29, is 
amended to read:  
    204B.29 [ELECTION JUDGES; ELECTION SUPPLIES; DUTIES.] 
    Subdivision 1.  [SECURING ELECTION MATERIALS.] Before 9:00 
p.m. on the day preceding an election, at least one election 
judge from each precinct in each municipality, or school 
district if applicable, shall secure voter registration files, 
ballots, forms, envelopes and other required supplies from the 
municipal clerk, school district clerk, or other legal 
custodian.  The election judge shall deliver the materials to 
the polling place before the time when voting is scheduled to 
begin on election day.  The county auditor shall send or deliver 
the election supplies enumerated in this section to the election 
judges in the precincts in unorganized territory.  The election 
supplies may be sent by certified mail, parcel post, express 
mail or any other postal service providing assured delivery by 
no later than the day before the election.  If the election 
supplies are delivered by any other means, they shall be 
delivered by no later than the day before the election. 
    Each precinct shall be furnished with 100 ballots of each 
kind for every 85 individuals who voted in that precinct at the 
last election for the same office or on similar questions, or 
with ballots of each kind in an amount at least ten percent 
greater than the number of votes which are reasonably expected 
to be cast in that precinct in that election, whichever supply 
of ballots is greater.  No precinct shall be furnished with any 
ballots containing the name of any candidate who cannot properly 
be voted for in that precinct.  
    The election judges shall be responsible for the 
preservation of all election materials received by them until 
returned to the appropriate election officials after the voting 
has ended.  
    Subd. 2.  [FAILURE OF ELECTION JUDGES TO SECURE MATERIALS.] 
If no election judge secures the election materials for a 
precinct in any municipality, or school district if applicable, 
as provided in subdivision 1, the municipal or school district 
clerk shall deliver them to an election judge for that precinct 
not later than the time when voting is scheduled to begin.  The 
municipal or school district clerk shall require the election 
judge accepting delivery of the election supplies to sign a 
receipt for them.  The election judges of that precinct shall 
pay the expenses of delivery of the materials and shall be 
liable for the penalty provided by law for neglect of duty.  
    Sec. 30.  Minnesota Statutes 1986, section 204B.31, is 
amended to read:  
    204B.31 [COMPENSATION FOR ELECTION SERVICES.] 
    The compensation for services performed under the Minnesota 
election law shall be as follows: 
    (a) To presidential electors from funds appropriated to the 
secretary of state for this purpose, $35 for each day of 
attendance at the capitol and mileage for travel to and from the 
capitol in the amount allowed for state employees in accordance 
with section 43A.18, subdivision 2; 
    (b) To individuals, other than county, city, school 
district, or town employees during their normal work day, who 
are appointed by the county auditor to carry ballots to or from 
the county auditor's office, a sum not less than the prevailing 
Minnesota minimum wage for each hour spent in carrying ballots 
and mileage in the amount allowed pursuant to section 471.665, 
subdivision 1; 
    (c) To members of county canvassing boards, a sum not less 
than the prevailing Minnesota minimum wage for each hour 
necessarily spent and an amount for each mile of necessary 
travel equal to the amount allowed pursuant to section 471.665, 
subdivision 1; 
    (d) To election judges serving in any city, an amount fixed 
by the governing body of the city,; to election judges serving 
in any school district election which is not held in conjunction 
with a state election, an amount fixed by the school board of 
the school district; to election judges serving in unorganized 
territory, an amount fixed by the county board,; and to election 
judges serving in towns, an amount fixed by the town board.  
Election judges shall receive at least the prevailing Minnesota 
minimum wage for each hour spent carrying out their duties at 
the polling places and in attending training sessions required 
by section 204B.25.  An election judge who travels to pick up 
election supplies or to deliver election returns to the county 
auditor shall receive, in addition to other compensation 
authorized by this section, a sum not less than the prevailing 
Minnesota minimum wage for each hour spent performing these 
duties, plus mileage in the same amount as allowed pursuant to 
section 471.665, subdivision 1; and 
    (e) To sergeants at arms, an amount for each hour of 
service performed at the direction of the election judges, fixed 
in the same manner as compensation for election judges. 
    Sec. 31.  Minnesota Statutes 1986, section 204B.32, is 
amended to read:  
    204B.32 [ELECTION EXPENSES; PAYMENT.] 
    The secretary of state shall pay the compensation for 
presidential electors, the cost of printing the pink paper 
ballots, and all necessary expenses incurred by the secretary of 
state in connection with elections.  The counties shall pay the 
compensation prescribed in section 204B.31, clauses (b) and (c), 
the cost of printing the canary ballots, the white ballots, the 
pink ballots when machines are used, the state partisan primary 
ballots, and the state and county nonpartisan primary ballots, 
all necessary expenses incurred by county auditors in connection 
with elections, and the expenses of special county elections.  
The municipalities shall pay the compensation prescribed for 
election judges and sergeants at arms, the cost of printing the 
municipal ballots, providing ballot boxes, providing and 
equipping polling places and all necessary expenses of the 
municipal clerks in connection with elections, except special 
county elections.  The school districts shall pay the 
compensation prescribed for election judges and sergeants at 
arms, the cost of printing the school district ballots, 
providing ballot boxes, providing and equipping polling places 
and all necessary expenses of the school district clerks in 
connection with school district elections not held in 
conjunction with state elections.  When school district 
elections are held in conjunction with state elections, the 
school district shall pay the costs of printing the school 
district ballots, providing ballot boxes and all necessary 
expenses of the school district clerk.  All disbursements under 
this section shall be presented, audited, and paid as in the 
case of other public expenses.  
    Sec. 32.  Minnesota Statutes 1986, section 204B.34, is 
amended by adding a subdivision to read: 
    Subd. 4.  [SCHOOL DISTRICT ELECTIONS.] Notice of school 
district elections shall be given as provided in sections 53, 
subdivision 2; and 54, subdivision 1. 
    Sec. 33.  Minnesota Statutes 1986, section 204B.35, 
subdivision 1, is amended to read:  
    Subdivision 1.  [APPLICATION.] All ballots for every 
election, except a school district election, shall be prepared 
in accordance with sections 204B.35 to 204B.44 and chapter 204D, 
except for voting machine ballots or as otherwise provided by 
law.  
    Sec. 34.  Minnesota Statutes 1986, section 204C.02, is 
amended to read:  
    204C.02 [APPLICATION.] 
    This chapter applies to all elections held in this state, 
except school district elections and except as otherwise 
provided by law.  
    Sec. 35.  Minnesota Statutes 1986, 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 or school district 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 
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. 36.  Minnesota Statutes 1986, section 204C.07, 
subdivision 3, is amended to read:  
    Subd. 3.  [ELECTIONS ON A QUESTION.] At an election where a 
question is to be voted upon, the mayor of a city, or the school 
board of a school district, or the board of supervisors of a 
town, upon receiving a written petition signed by at least 25 
eligible voters, shall appoint by written certificate one voter 
for each precinct in the municipality, or school district if 
applicable, to act as a challenger of voters in the polling 
place for that precinct.  
    Sec. 37.  Minnesota Statutes 1986, section 204C.08, 
subdivision 4, is amended to read:  
    Subd. 4.  [BALLOT BOXES, BOXCAR SEALS.] The governing body 
of a municipality or school district by resolution may direct 
the municipal or school district clerk to furnish a boxcar seal 
for each ballot box in place of a lock and key.  Each seal shall 
consist of a numbered metal strap with a self-locking device 
securely attached to one end of the strap so that the other end 
may be inserted and securely locked in the seal.  No two metal 
straps shall bear the same number.  
    Sec. 38.  Minnesota Statutes 1986, section 204C.19, 
subdivision 2, is amended to read:  
    Subd. 2.  [BALLOTS; ORDER OF COUNTING.] Except as otherwise 
provided in this subdivision, the ballot boxes shall be opened, 
the votes counted, and the total declared one box at a time in 
the following order:  the white box, the pink box, the canary 
box, the light green box, the blue box, the buff box, the 
goldenrod box, and then the other kinds of ballots voted at the 
election.  If enough election judges are available to provide 
counting teams of four or more election judges for each box, 
more than one box may be opened and counted at the same time.  
The election judges on each counting team shall be evenly 
divided between the major political parties.  The numbers 
entered on the summary sheet shall not be considered final until 
the ballots in all the boxes have been counted and corrections 
have been made if ballots have been deposited in the wrong boxes.
    Sec. 39.  Minnesota Statutes 1986, section 204C.20, 
subdivision 4, is amended to read:  
    Subd. 4.  [BALLOTS NOT COUNTED; DISPOSITION.] When the 
final count of ballots agrees with the number of ballots to be 
counted, those ballots not counted shall be attached to a 
certificate made by the election judges which states why the 
ballots were not counted.  The certificate and uncounted ballots 
shall be sealed in a separate envelope and returned to the 
county auditor or municipal or school district clerk from whom 
they were received.  
    Sec. 40.  Minnesota Statutes 1986, section 204C.24, 
subdivision 2, is amended to read:  
    Subd. 2.  [SEALING IN ENVELOPES.] The election judges shall 
place a full set of completed summary statements in each of 
three separate envelopes and seal them so that the envelopes 
cannot be opened without leaving evidence that they have been 
opened.  The election judges shall then sign each envelope over 
the sealed part so that no envelope can be opened without 
disturbing the continuity of the signatures.  Each of the 
envelopes shall show substantially the following information on 
its face:  
    "Summary statements of the returns of the ....  election 
precinct, (Town) or (City) of ....., or (School District Number) 
...., in the County of ....., State of Minnesota."  
    Sec. 41.  Minnesota Statutes 1986, section 204C.25, is 
amended to read:  
    204C.25 [DISPOSITION OF BALLOTS.] 
    After the count and the summary statements have been 
completed, in the presence of all the election judges, the 
counted, defective and blank ballots shall be placed in 
envelopes marked or printed to distinguish the color of the 
ballots contained, and the envelopes shall be sealed.  The 
election judges shall sign each envelope over the sealed part so 
that the envelope cannot be opened without disturbing the 
continuity of the signatures.  The number and kind of ballots in 
each envelope, the name of the town or city, and the name of the 
precinct shall be plainly written upon the envelopes.  The 
number and name of the district must be plainly written on 
envelopes containing school district ballots.  The spoiled 
ballots shall be placed in separate envelopes and returned with 
the unused ballots to the county auditor or municipal or school 
district clerk from whom they were received. 
    Sec. 42.  Minnesota Statutes 1986, section 204C.26, 
subdivision 2, is amended to read:  
    Subd. 2.  [SUMMARY STATEMENTS; CONTENTS.] The blank summary 
statement forms furnished to each precinct shall identify the 
precinct, ward number if any, city, school district if 
applicable, or town, date, and kind of election and, under 
appropriate headings identifying each color ballot, shall 
contain spaces for the election judges to enter the information 
required by section 204C.24, subdivision 1. 
    Each blank summary statement form shall also contain a 
certificate to be signed by the election judges stating that the 
national flag was displayed on a suitable staff during voting 
hours; 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. 43.  Minnesota Statutes 1986, section 204C.26, 
subdivision 3, is amended to read:  
    Subd. 3.  [SECRETARY OF STATE.] On or before July 1 of each 
even numbered year, the secretary of state shall prescribe the 
form for summary statements of election returns and the methods 
by which returns for the state primary and state general 
election shall be recorded by precinct, county, and state 
election officials.  Each county auditor and municipal or school 
district clerk required to furnish summary statements shall 
prepare them in the manner prescribed by the secretary of 
state.  The summary statement of the primary returns shall be in 
the same form as the summary statement of the general election 
returns except that a separate part of the summary statement 
shall be provided for the partisan primary ballot and a separate 
part for the nonpartisan primary ballot.  
    Sec. 44.  Minnesota Statutes 1986, section 204C.27, is 
amended to read:  
    204C.27 [DELIVERY OF RETURNS TO COUNTY AUDITORS.] 
    One or more of the election judges in each precinct shall 
deliver two sets of summary statements; all unused and spoiled 
white, pink, and canary ballots; and the envelopes containing 
the white, pink, and canary ballots either directly to the 
municipal clerk for transmittal to the county auditor's office 
or directly to the county auditor's office within 24 hours after 
the end of the hours for voting.  One or more election judges 
shall deliver the remaining set of summary statements and 
returns, all unused and spoiled municipal and school district 
ballots, the envelopes containing municipal and school district 
ballots, and all other things furnished by the municipal or 
school district clerk, to the municipal or school district 
clerk's office within 24 hours after the end of the hours for 
voting.  
    Sec. 45.  Minnesota Statutes 1986, section 204C.28, is 
amended by adding a subdivision to read: 
    Subd. 3.  [SCHOOL DISTRICT RETURNS AND MATERIALS.] At a 
school district election held in conjunction with a state 
election, the county auditor or municipal clerk shall deliver 
the summary statements of the school district election returns, 
all unused and spoiled school district ballots, and the envelope 
containing the school district ballots from each precinct to the 
clerk of the appropriate school district within 48 hours after 
the polls close.  
    Sec. 46.  Minnesota Statutes 1986, section 204C.29, 
subdivision 1, is amended to read:  
    Subdivision 1.  [FAILURE OF ELECTION JUDGES TO MAKE 
DELIVERY; PENALTY.] If the election judges fail to deliver 
returns as required by section 204C.27, the county auditor or 
municipal or school district clerk to whom the returns should 
have been delivered shall dispatch a special messenger to obtain 
them.  The messenger shall receive the same compensation as an 
election judge would receive for performing the same service and 
shall be subject to the same penalties as an election judge for 
violation of any provision of the Minnesota election law.  
    Sec. 47.  Minnesota Statutes 1986, section 204C.36, is 
amended to read:  
    204C.36 [RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND MUNICIPAL 
ELECTIONS.] 
    A losing candidate for nomination or election to a county 
or, municipal, or school district office may request a recount 
of the votes cast for the nomination or election to that office 
if the difference between the vote cast for that candidate and 
for a winning candidate for nomination or election is:  
    (a) Five votes or less when the total vote cast for 
nomination or election to that office is 100 votes or less;  
    (b) Ten votes or less when the total vote cast for 
nomination or election to that office is more than 100 but not 
more than 500 votes;  
    (c) Twenty votes or less when the total vote cast for 
nomination or election to that office is more than 500 but not 
more than 2,000 votes;  
    (d) One percent of the votes or less when the total vote 
cast for nomination or election to that office is more than 
2,000 but less than 10,000 votes; or 
    (e) 100 One hundred votes or less when the total vote cast 
for nomination or election to that office is 10,000 votes or 
more.  
    Candidates for county offices shall file a written request 
for the recount with the county auditor.  Candidates for 
municipal or school district offices shall file a written 
request with the municipal or school district clerk as 
appropriate.  All requests shall be filed during the time for 
notice of contest of the primary or election for which a recount 
is sought.  
    Upon receipt of a request made pursuant to this section, 
the county auditor shall recount the votes for a county office 
at the expense of the county and, the governing body of the 
municipality shall recount the votes for a municipal office at 
the expense of the municipality, and the school board of the 
school district shall recount the votes for a school district 
office at the expense of the school district.  
    A losing candidate for nomination or election to a county 
or, municipal, or school district office may request a recount 
in the manner provided in this section at the candidate's own 
expense when the vote difference is greater than the difference 
required by clauses (a) to (e).  The votes shall be recounted as 
provided in this section if the requesting candidate files with 
the county auditor or, municipal clerk, or school district clerk 
a bond, cash or surety in an amount set by the governing body of 
the jurisdiction or the school board of the school district for 
the payment of the recount expenses.  
    Time for notice of contest of a nomination or election to a 
county office which is recounted pursuant to this section shall 
begin to run upon certification of the results of the recount by 
the county canvassing board.  Time for notice of contest of a 
nomination or election to a municipal office which is recounted 
pursuant to this section shall begin to run upon certification 
of the results by the governing body of the municipality.  Time 
for notice of contest of a school district election that is 
recounted under this subdivision begins to run on certification 
of the results of the recount by the school board. 
    Sec. 48.  [205A.01] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] The definitions in chapter 200 and 
in this section apply to this chapter. 
    Subd. 2.  [SCHOOL DISTRICT.] "School district" means an 
independent or special school district, as defined in section 
120.02.  
    Sec. 49.  [205A.02] [ELECTION LAW APPLICABLE.] 
    Except as provided in this chapter, the Minnesota election 
law applies to school district elections, as far as practicable. 
Elections in common school districts shall be governed by 
section 123.11. 
    Sec. 50.  [205A.03] [PRIMARY ELECTIONS.] 
    Subdivision 1.  [RESOLUTION.] The school board of a school 
district may, by resolution adopted at least 12 weeks before the 
next school district general election, decide to choose nominees 
for school district elective offices by a primary as provided in 
subdivisions 1 to 6.  The resolution, when adopted, is effective 
for all ensuing elections of board members in that school 
district until it is revoked.  
    Subd. 2.  [DATE.] The school district primary must be held 
at a time designated by the school board in the resolution 
adopting the primary system, but no later than six weeks before 
the school district general election.  The clerk shall give 
notice of the primary in the manner provided in section 54. 
    Subd. 3.  [CANDIDATES, FILING.] The clerk shall place upon 
the primary ballot without partisan designation the names of 
individuals whose candidacies have been filed and for whom the 
proper filing fee has been paid.  When not more than twice the 
number of individuals to be elected to a school district 
elective office file for nomination for the office, their names 
must not be placed upon the primary ballot and must be placed on 
the school district general election ballot as the nominees for 
that office.  
    Subd. 4.  [RESULTS.] The school district primary must be 
conducted and the returns made in the manner provided for the 
state primary as far as practicable.  Within two days after the 
primary, the school board of the school district shall canvass 
the returns, and the two candidates for each office who receive 
the highest number of votes, or a number of candidates equal to 
twice the number of individuals to be elected to the office who 
receive the highest number of votes, are the nominees for the 
office named.  Their names must be certified to the school 
district clerk who shall place them on the school district 
general election ballot without partisan designation and without 
payment of an additional fee. 
    Subd. 5.  [RECOUNT.] A losing candidate at the school 
district primary may request a recount of the votes for that 
nomination subject to section 204C.36. 
    Subd. 6.  [VACANCY IN NOMINATION.] When a vacancy occurs in 
a nomination made at a school district primary, the vacancy must 
be filled in the manner provided in section 204B.13. 
    Sec. 51.  [205A.04] [GENERAL ELECTION.] 
    Except as may be provided in a special law or charter 
provision to the contrary, the general election in each school 
district must be held on the third Tuesday in May, unless the 
school board provides by resolution for holding the school 
district general election on the first Tuesday after the first 
Monday in November.  When the time of a school district's 
general election is changed from May to November, the terms of 
all board members shall be lengthened to expire on January 1; 
when the time of a school district's general election is changed 
from November to May, the terms of all board members shall be 
shortened to expire on July 1.  Whenever the time of a school 
district election is changed, the school district clerk shall 
immediately notify in writing the county auditor or auditors of 
the counties in which the school district is located and the 
secretary of state of the change of date. 
    Sec. 52.  [205A.05] [SPECIAL ELECTIONS.] 
    Subdivision 1.  [QUESTIONS.] Special elections must be held 
for a school district on a question on which the voters are 
authorized by law to pass judgment.  The school board may on its 
own motion call a special election to vote on any matter 
requiring approval of the voters of a district.  Upon petition 
of 50 or more voters of the school district or five percent of 
the number of voters voting at the preceding regular school 
district election, the school board shall by resolution call a 
special election to vote on any matter requiring approval of the 
voters of a district. A question is carried only with the 
majority in its favor required by law.  The election officials 
for a special election are the same as for the most recent 
school district general election unless changed according to 
law.  Otherwise, special elections must be conducted and the 
returns made in the manner provided for the school district 
general election.  A special election may not be held during the 
20 days before and the 30 days after any regularly scheduled 
statewide election or election of a municipality wholly or 
partially within the school district. 
    Subd. 2.  [VACANCIES IN SCHOOL DISTRICT OFFICES.] Special 
elections shall be held in school districts in conjunction with 
school district primary and general elections to fill vacancies 
in elective school district offices.  
    Sec. 53.  [205A.06] [CANDIDATES, FILING.] 
    Subdivision 1.  [AFFIDAVIT OF CANDIDACY.] Not more than ten 
nor less than eight weeks before a school district primary, or 
before the school district general election if there is no 
school district primary, an individual who is eligible and 
desires to become a candidate for an office to be voted on at 
the election must file an affidavit of candidacy with the school 
district clerk.  The affidavit must be in substantially the same 
form as that in section 204B.06, subdivision 1.  The school 
district clerk shall also accept an application signed by at 
least five voters and filed on behalf of an eligible voter in 
the school district whom they desire to be a candidate, if 
service of a copy of the application has been made on the 
candidate and proof of service is endorsed on the application 
being filed.  No individual shall be nominated by nominating 
petition for a school district elective office except in the 
event of a vacancy in nomination as provided in section 50, 
subdivision 6.  Upon receipt of the proper filing fee, the clerk 
shall place the name of the candidate on the official ballot 
without partisan designation. 
    Subd. 2.  [NOTICE OF FILING DATES.] At least two weeks 
before the first day to file affidavits of candidacy, the school 
district clerk shall publish a notice in the official newspaper 
stating the first and last dates on which affidavits of 
candidacy may be filed in the clerk's office and the closing 
time for filing on the last day for filing.  The clerk shall 
post a similar notice in the administrative offices of the 
school district at least ten days before the first day to file 
affidavits of candidacy. 
    Subd. 3.  [FILING FEES.] The filing fee for a school 
district office is $2. 
    Subd. 4.  [PETITION IN PLACE OF FEES.] A candidate for 
school district office may file a petition in place of the 
filing fees in subdivision 3.  The petition must meet the 
requirements of section 204B.11, subdivision 2. 
    Subd. 5.  [WITHDRAWAL.] A candidate for a school district 
elective office may withdraw from the election by filing an 
affidavit of withdrawal with the school district clerk by 12:00 
noon of the day after the last day for filing affidavits of 
candidacy.  After that date, no candidate may file an affidavit 
of withdrawal.  
    Sec. 54.  [205A.07] [NOTICE.] 
    Subdivision 1.  [PUBLICATION AND POSTING.] The clerk of a 
school district shall give two weeks' published notice and give 
ten days' posted notice of a school district primary, general or 
special election, stating the time of the election, the location 
of each polling place, the offices to be filled, and all 
propositions or questions to be voted upon at the primary, 
general or special election.  The notice shall be posted in the 
administrative offices of the school district for public 
inspection. 
    Subd. 2.  [SAMPLE BALLOT, POSTING.] For every school 
district primary, general or special election, the school 
district clerk shall at least four days before the primary, 
general or special election, post a sample ballot in the 
administrative offices of the school district for public 
inspection, and shall post a sample ballot in each polling place 
on election day. 
    Sec. 55.  [205A.08] [BALLOTS.] 
    Subdivision 1.  [BUFF BALLOT.] The names of all candidates 
for offices to be voted on at a school district general election 
must be placed on a single ballot printed on buff paper and 
known as the "buff ballot."  
    Subd. 2.  [PRIMARY BALLOTS.] The school district primary 
ballot must conform as far as practicable with the school 
district general election ballot except that no blank spaces may 
be provided for writing in the names of candidates.  
    Subd. 3.  [VACANCIES.] The names of candidates to fill 
vacancies at a school district special election held in 
conjunction with the primary or general election must be placed 
on the school district primary and general election ballots.  
The names of candidates to fill a vacancy in the office of 
school board member in a school district must be listed under 
the separate heading "Special election for school board member 
to fill vacancy in term expiring ........," with the date of 
expiration of the term and any other information necessary to 
distinguish the office. 
     Subd. 4.  [GOLDENROD BALLOTS; QUESTIONS.] All questions 
relating to a proposition for the issuance of bonds, and all 
other questions relating to school district affairs submitted at 
an election to the voters of the school district, shall be 
printed on one separate goldenrod ballot and shall be prepared, 
printed, and distributed under the direction of the school 
district clerk at the same time and in the same manner as other 
school district ballots.  The ballots, when voted, shall be 
deposited in a separate goldenrod ballot box provided by the 
local authorities for each voting precinct.  The ballots shall 
be canvassed, counted, and returned in the same manner as other 
school district ballots.  The returns shall provide appropriate 
blank spaces for the counting, canvassing, and return of the 
results of the questions submitted on the goldenrod ballot. 
    Sec. 56.  [205A.09] [VOTING HOURS.] 
    Subdivision 1.  [METROPOLITAN AREA SCHOOL DISTRICTS.] At a 
school district election in a school district located in whole 
or in part within a metropolitan county as defined by section 
473.121, the school board, by resolution adopted before giving 
notice of the election, may designate the time during which the 
polling places will remain open for voting at the next 
succeeding and all later school district elections.  The polling 
places must open no later than 10:00 a.m. and close no earlier 
than 8:00 p.m.  The resolution shall remain in force until it is 
revoked by the school board. 
    Subd. 2.  [OTHER SCHOOL DISTRICTS.] At a school district 
election in a school district other than one described in 
subdivision 1, the school board, by resolution adopted before 
giving notice of the election, may designate the time, in no 
event less than three hours, during which the polling places 
will remain open for voting at the next succeeding and all later 
school district general elections.  The resolution must remain 
in force until it is revoked by the school board or changed 
because of request by voters as provided in this subdivision.  
If a petition requesting longer voting hours, signed by a number 
of voters equal to 20 percent of the votes cast at the last 
school district election, is presented to the school district 
clerk no later than 30 days before a school district election, 
then the polling places for that election must open at 10:00 
a.m. and close at 8:00 p.m.  The school district clerk must give 
ten days' published notice and posted notice of the changed 
voting hours and notify appropriate county auditors of the 
change.  School districts covered by this subdivision must 
certify their election hours to the county auditor in January of 
each year.  
    Sec. 57.  [205A.10] [PROCEDURE.] 
    Subdivision 1.  [MATERIALS, BALLOTS.] The school district 
clerk shall prepare and have printed the necessary election 
materials, including ballots, for a school district election.  
The name of each candidate for office shall be rotated with the 
names of the other candidates for the same office so that the 
name of each candidate appears substantially an equal number of 
times at the top, at the bottom, and at each intermediate place 
in the group of candidates for that office. 
    Subd. 2.  [ELECTION, CONDUCT.] A school district election 
must be by secret ballot and must be held and the returns made 
in the manner provided for the state general election, as far as 
practicable.  The vote totals from an absentee ballot counting 
board established pursuant to section 203B.13 may be tabulated 
and reported by the school district as a whole rather than by 
precinct.  For school district elections not held in conjunction 
with a statewide election, the school board shall appoint 
election judges as provided in section 204B.21, subdivision 2. 
    Subd. 3.  [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 
BALLOTS, DISPOSITION.] Within two days after a school district 
election, the school board shall canvass the returns and declare 
the results of the election.  After the time for contesting 
elections has passed, the school district clerk shall issue a 
certificate of election to each successful candidate.  If there 
is a contest, the certificate of election to that office must 
not be issued until the outcome of the contest has been 
determined by the proper court.  If there is a tie vote, the 
school board shall determine the result by lot.  The clerk shall 
deliver the certificate of election to the successful candidate 
by personal service or certified mail.  The successful candidate 
shall file an acceptance and oath of office in writing with the 
clerk within 30 days of the date of mailing or personal 
service.  A person who fails to qualify prior to the time 
specified shall be deemed to have refused to serve, but that 
filing may be made at any time before action to fill the vacancy 
has been taken.  The school district clerk shall certify the 
results of the election to the county auditor, and the clerk 
shall be the final custodian of the ballots and the returns of 
the election. 
    Subd. 4.  [RECOUNT.] A losing candidate at a school 
district election may request a recount of the votes for that 
office subject to the requirements of section 204C.36. 
    Sec. 58.  [205A.11] [PRECINCTS; POLLING PLACES.] 
    The precincts and polling places for school district 
elections are those precincts or parts of precincts and polling 
places set in sections 204B.14 to 204B.16, except that at a 
school district election not held on the day of a statewide 
election, the school board may combine several precincts into a 
single precinct with one polling place and one set of election 
judges.  The school board shall establish combined precincts by 
resolution at least 30 days before an election, post a map of 
the combined precincts, and file a copy of the map and 
resolution with the county auditor.  
    Sec. 59.  [205A.12] [SCHOOL BOARD ELECTION DISTRICTS.] 
    Subdivision 1.  [GENERAL PROVISIONS.] Any independent 
school district may alter its organization into separate 
election districts for the purpose of election of board members 
by following the procedures in this section. 
    Subd. 2.  [ELECTION.] Except in a school district located 
wholly or partly within a city of the first class, upon 
resolution of the board, made on its own motion or on 
presentation of a petition substantially in the form required in 
section 60, signed by at least 50 electors of the district or 
ten percent of the number of votes cast in the most recent 
regular school board election, whichever is larger, the board 
shall adopt a proposal to divide the district into as many 
separate election districts as there are members of the board, 
which proposal must be submitted to an election under this 
chapter.  If the election is initiated by petition, the 
resolution calling the election must be adopted within six 
months after the date of receipt of the petition.  Only one 
election within any two-year period may be held under this 
section. 
    Subd. 3.  [BALLOT QUESTION.] The question presented at the 
special election shall be:  "Shall the school district be 
reorganized into election districts with boundaries as 
established in Resolution No. .... of the school board, dated 
..........? 
                                   Yes .......
                                   No ........"
    Subd. 4.  [ELECTION DISTRICT BOUNDARIES.] Each proposed 
election district must be as equal in population as practicable 
and must be composed of compact, contiguous territory.  The 
district may utilize the most recent federal decennial census 
figures available or may conduct a special census for this 
purpose.  The board shall designate each election district by 
number. 
    Subd. 5.  [BOARD ELECTIONS.] If the proposal for the 
establishment of election districts is approved by the voters, 
the board shall specify the election districts from which 
vacancies shall be filled as they occur until such time as each 
board member represents an election district.  A candidate for 
school board in a subsequent election must file an affidavit of 
candidacy to be elected as a school board member for the 
election district in which the candidate resides.  One and only 
one member of the board shall be elected from each election 
district.  Each board member must be a resident of the election 
district for which elected but the creation of an election 
district or a change in election district boundaries shall not 
disqualify a board member from serving for the remainder of a 
term.  
    Subd. 6.  [REDEFINING ELECTION DISTRICT BOUNDARIES.] The 
school board may by resolution redefine district boundaries 
after a school district general election.  The board shall hold 
a public hearing on the proposed resolution before its 
adoption.  One week's published notice of the hearing must be 
given.  Within six months after the official certification of 
each federal decennial or special census, the school board shall 
either confirm the existing election district boundaries as 
conforming to the standards of subdivision 4 or redefine 
election district boundaries to conform to those standards.  If 
the school board fails to take either action within the time 
required, no further compensation may be paid to the school 
board members until the districts are either reconfirmed or 
redefined as required by this section.  A resolution 
establishing original or new election district boundaries shall 
apply to the first election held at least six months after 
adoption of the resolution. 
    Sec. 60.  [205A.13] [REQUIREMENTS FOR PETITIONS.] 
    Any petition to a school board authorized in this chapter 
or sections 124A.03 and 275.125, or any other law which requires 
the board to submit an issue to referendum or election, shall 
meet the following requirements to be valid.  
    (1) Each page of the petition shall contain a heading at 
its top which specifies the particular action the board is being 
petitioned to take.  The signatures on any page which does not 
contain such a heading shall all be invalidated.  All pages of 
the petition shall be assembled and filed with the board as a 
single instrument.  
    (2) Each page of the petition shall contain an 
authentication signed by the circulator of the petition 
specifying as follows:  
   "I personally have circulated this page of the petition.  
All signatures were made in my presence.  I believe that the 
signers signed their own names and that each person who has 
signed is eligible to vote in a school district election 
according to Minnesota election law.  
    Signed:  ................................ Signature of 
Petition Circulator 
    Date:  ................................." 
    The signatures on any page which does not contain such an 
authentication shall all be invalidated.  
    (3)  Signers of the petition shall personally sign their 
own names in ink or indelible pencil and shall indicate after 
the name the place of residence by street and number, or other 
description sufficient to identify the place.  Except as 
provided in clause (4) of this subdivision, any signature which 
does not meet these requirements shall be invalidated.  
    (4)  Individuals who are unable to write their names shall 
be required to make their marks on the petition.  The circulator 
of the petition shall certify the mark by signing the 
individual's name and address and shall thereafter print the 
phrase "mark certified by petition circulator."  
    (5) A petition, to be valid, must contain the minimum 
number of valid signatures of eligible voters specified in the 
law authorizing the petition and election.  
    Sec. 61.  Minnesota Statutes 1986, section 206.56, is 
amended by adding a subdivision to read: 
    Subd. 17.  [MUNICIPALITY.] "Municipality" means city, town, 
or school district. 
    Sec. 62.  Minnesota Statutes 1986, section 206.58, 
subdivision 2, is amended to read:  
    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 206.55 to 206.87 and 
123.32, subdivision 7, 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.  
    Sec. 63.  [206.685] [VOTING MACHINES OR ELECTRONIC VOTING 
DEVICES AT SCHOOL ELECTIONS.] 
    Where lever voting machines or electronic voting devices 
are used in precincts containing more than one school district 
or more than one school election district, separate voting 
machines or devices must be used and must be allocated between 
the school districts or school election districts in proportion 
to the number of voters eligible to vote in the precinct from 
each district. 
    Sec. 64.  Minnesota Statutes 1986, section 209.02, is 
amended to read:  
    209.02 [CONTESTANT; GROUNDS.] 
    Subdivision 1.  Any eligible voter, including a candidate, 
may contest in the manner provided in this chapter:  (1) the 
nomination or election of any person for whom the voter had the 
right to vote if that person is declared nominated or elected to 
the senate or the house of representatives of the United States, 
or to a statewide, county, legislative, or municipal, school, or 
district court office; or (2) the declared result of a 
constitutional amendment or other question voted upon at an 
election.  The contest may be brought over an irregularity in 
the conduct of an election or canvass of votes, over the 
question of who received the largest number of votes legally 
cast, or on the grounds of deliberate, serious, and material 
violations of the Minnesota election law. 
    Sec. 65.  Minnesota Statutes 1986, section 209.021, 
subdivision 3, is amended to read:  
    Subd. 3.  [NOTICE SERVED ON PARTIES.] In all contests 
relating to the nomination or election of a candidate, the 
notice of contest must be served on the candidate who is the 
contestee, a copy of the notice must be sent to the contestee's 
last known address by certified mail, and a copy must be 
furnished to the official authorized to issue the certificate of 
election.  If personal or substituted service on the contestee 
cannot be made, an affidavit of the attempt by the person 
attempting to make service and the affidavit of the person who 
sent a copy of the notice to the contestee by certified mail is 
sufficient to confer jurisdiction upon the court to decide the 
contest.  
    If the contest relates to a constitutional amendment or 
other question voted on statewide or voted on in more than one 
county, notice of contest must be served on the secretary of 
state, who is the contestee.  If a contest relates to a question 
voted on within only one county, school district, or one 
municipality, a copy of the notice of contest must be served on 
the county auditor, clerk of the school district, or municipal 
clerk, respectively, who is the contestee.  If the contest 
relates to an irregularity in the conduct of an election or 
canvass of votes, a copy of the notice of contest must be served 
on the county auditor of the county where the irregularity is 
said to have occurred.  If the contest is upon the question of 
consolidation or reorganization of a school district, a copy of 
the notice of contest must be served on the county auditor 
authorized by law to issue the order. 
    Sec. 66.  Minnesota Statutes 1986, section 210A.01, 
subdivision 3, is amended to read:  
    Subd. 3.  [CANDIDATE.] "Candidate" means any individual for 
whom it is contemplated or desired that votes may be cast at any 
primary or election, and who either tacitly or expressly 
consents to be so considered, except candidates for president 
and vice president of the United States.  In sections 210A.22 to 
210A.28, 210A.32 and 210A.33, "candidate" does not mean an 
individual for whom it is contemplated or desired that votes may 
be cast at any primary or election, and who either tacitly or 
expressly consents to be considered for constitutional office, 
member of the legislature, school board member, justice of the 
supreme court, court of appeals, or district court, county 
court, probate court, or county municipal court judge. 
     Sec. 67.  [APPROPRIATION.] 
    $25,000 is appropriated from the special revenue fund to 
the secretary of state for the purposes of this article, to be 
available until June 30, 1989. 
    Sec. 68.  [REPEALER.] 
    Minnesota Statutes 1986, section 201.095, is repealed. 
    Sec. 69.  [EFFECTIVE DATE.] 
    Sections 1 to 68 are effective July 1, 1988. 

                                ARTICLE 2
ORGANIC LAWS OF SCHOOL DISTRICTS
    Section 1.  Minnesota Statutes 1986, section 6.54, is 
amended to read:  
    6.54 [EXAMINATION OF MUNICIPAL RECORDS PURSUANT TO 
PETITION.] 
    The registered voters in a home rule charter or statutory 
city or the electors at an annual or special town meeting of a 
town may petition the state auditor to examine the books, 
records, accounts, and affairs of the home rule charter or 
statutory city, town, or of any organizational unit, activity, 
project, enterprise, or fund thereof; and the scope of the 
examination may be limited by the petition, but the examination 
shall cover, at least, all cash received and disbursed and the 
transactions relating thereto, provided that the state auditor 
shall not examine more than the six latest years preceding the 
circulation of the petition, unless it appears to the state 
auditor during the examination that the audit period should be 
extended to permit a full recovery under bonds furnished by 
public officers or employees, and may if it appears to the 
auditor in the public interest confine the period or the scope 
of audit or both period and scope of audit, to less than that 
requested by the petition.  In the case of a home rule charter 
or statutory city, the petition shall be signed by a number of 
registered voters at least equal to 20 percent of those voting 
in the last presidential election.  The eligible voters of any 
school district, as defined in section 123.32, subdivision 1a, 
may petition the state auditor, who shall be subject to the same 
restrictions regarding the scope and period of audit, provided 
that the petition shall be signed by at least ten eligible 
voters for each 50 resident pupils in average daily membership 
during the preceding school year as shown on the records in the 
office of the commissioner of education.  In the case of school 
districts, the petition shall be signed by at least ten eligible 
voters.  At the time it is circulated, every petition shall 
contain a statement that the cost of the audit will be borne by 
the city or school district as provided by law.  Thirty days 
before the petition is delivered to the state auditor it shall 
be presented to the appropriate city or school district clerk 
and the county auditor.  The county auditor shall determine and 
certify whether the petition is signed by the required number of 
registered voters or eligible voters as the case may be.  The 
certificate shall be conclusive evidence thereof in any action 
or proceeding for the recovery of the costs, charges and 
expenses of any examination made pursuant to the petition. 
    Sec. 2.  Minnesota Statutes 1986, section 122.22, 
subdivision 2, is amended to read:  
    Subd. 2.  Proceedings under this section may be instituted 
by: 
    (a) Resolution of the county board of the county containing 
the greatest land area of the district proposed for dissolution 
when the district is dissolved pursuant to sections 122.32 to 
122.52. 
    (b) Petition executed by a majority of the eligible voters, 
as defined in section 123.32, subdivision 1a, of the district 
proposed for dissolution and addressed to the county board of 
the county containing the greatest land area of the district. 
    (c) Certification by the clerk of the district proposed for 
dissolution to the county board of the county containing the 
greatest land area of the district to the effect that a majority 
of votes cast at an election were in favor of dissolving the 
district. 
    Sec. 3.  Minnesota Statutes 1986, section 122.22, 
subdivision 4, is amended to read:  
    Subd. 4.  A petition executed pursuant to subdivision 2(b) 
shall be filed with the auditor.  It shall contain the following:
    (a) A statement that petitioners desire proceedings 
instituted leading to dissolution of the district and other 
provisions made for the education of the inhabitants of the 
territory and that petitioners are eligible voters, as defined 
in section 123.32, subdivision 1a, of the district;  
    (b) An identification of the district; and 
    (c) The reasons supporting the petition which may include 
recommendations as to disposition of territory to be dissolved.  
The recommendations are advisory in nature only and are not 
binding on any petitioners or county board for any purpose. 
    The persons circulating the petition shall attach their 
affidavit swearing or affirming that the persons executing the 
petition are eligible voters, as defined in section 123.32, 
subdivision 1a, of the district and that they signed in the 
presence of one of the circulators. 
    The auditor shall present the petition to the county board 
at its next meeting.  At that meeting, the county board shall 
determine a date for a hearing.  The hearing shall be not less 
than 20 nor more than 60 days from the date of that meeting.  
    Sec. 4.  Minnesota Statutes 1986, section 122.23, 
subdivision 2, is amended to read:  
    Subd. 2.  Upon a resolution of a school board in the area 
proposed for consolidation or upon receipt of a petition 
therefor executed by 25 percent of the voters resident in the 
area proposed for consolidation or by 50 such voters, whichever 
is lesser, the county auditor of the county which contains the 
greatest land area of the proposed new district shall forthwith 
cause a plat to be prepared.  The resolution or petition shall 
show the approximate area proposed for consolidation.  The 
resolution or petition may propose either that the bonded debt 
of the component districts will be paid according to the levies 
previously made for that debt under chapter 475, as provided in 
subdivision 16a, or that the taxable property in the newly 
created district will be taxable for the payment of the bonded 
debt previously incurred by any component district as provided 
in subdivision 16b.  The resolution or petition may also propose 
that referendum levies previously approved by voters of the 
component districts pursuant to section 124A.03, subdivision 2, 
or its predecessor provision, be combined as provided in section 
122.531, subdivision 2a or 2b, or that the referendum levies be 
discontinued.  The resolution or petition may also propose that 
the board of the newly created district consist of seven 
members, and may also propose the establishment of separate 
election districts from which school board members will be 
elected, the boundaries of these election districts, and the 
initial term of the member elected from each of these election 
districts.  If a county auditor receives more than one request 
for a plat and the requests involve parts of identical 
districts, the auditor shall forthwith prepare a plat which in 
the auditor's opinion best serves the educational interests of 
the inhabitants of the districts or areas affected.  The plat 
shall show: 
    (a) Boundaries of the proposed district, as determined by 
the county auditor, and present district boundaries, 
    (b) The location of school buildings in the area proposed 
as a new district and the location of school buildings in 
adjoining districts, 
    (c) The boundaries of any proposed separate election 
districts, in accordance with the provisions of section 123.32, 
and 
    (d) Other pertinent information as determined by the county 
auditor. 
    Sec. 5.  Minnesota Statutes 1986, section 122.23, 
subdivision 9, is amended to read:  
    Subd. 9.  If the approved plat contains land area in more 
than one independent district maintaining a secondary school, or 
common district maintaining a secondary school, and if each 
board entitled to act on the plat approves the plat, each board 
shall cause notice of its action to be published at least once 
in its official newspaper.  If five percent of the eligible 
voters, as defined in section 123.32, subdivision 1a, of any 
such district petition the clerk of the district, within 30 days 
after the publication of the notice, for an election on the 
question, the consolidation shall not become effective until 
approved by a majority vote in the district at an election held 
in the manner provided in subdivisions 11, 12, and 13. 
    Sec. 6.  Minnesota Statutes 1986, section 122.23, 
subdivision 10, is amended to read:  
    Subd. 10.  If an approved plat contains land area in any 
district not entitled to act on approval or rejection of the 
plat by action of its board, the plat may be approved by the 
residents of the land area within 60 days of approval of plat by 
the state board in the following manner: 
    A petition calling upon the county auditor to call and 
conduct an election on the question of adoption or rejection of 
the plat may be circulated in the land area by any person 
residing in the area.  Upon the filing of the petition with the 
county auditor, executed by at least 25 percent of the eligible 
voters, as defined in section 123.32, subdivision 1a, in each 
district or part of a district contained in the land area, the 
county auditor shall forthwith call and conduct a special 
election of the electors resident in the whole land area on the 
question of adoption of the plat.  For the purposes of this 
section, the term "electors resident in the whole land area" 
means any person residing on any remaining portion of land, a 
part of which is included in the consolidation plat.  Any 
eligible voter, as defined in section 123.32, subdivision 1a, 
owning land included in the plat who lives upon land adjacent or 
contiguous to that part of the voter's land included in the plat 
shall be included and counted in computing the 25 percent of the 
eligible voters, as defined in section 123.32, subdivision 1a, 
necessary to sign the petition and shall also be qualified to 
sign the petition.  Failure to file the petition within 60 days 
of approval of the plat by the state board terminates the 
proceedings. 
    Sec. 7.  Minnesota Statutes 1986, section 122.25, 
subdivision 1, is amended to read:  
    Subdivision 1.  If six or more eligible voters, as defined 
in section 123.32, subdivision 1a, of a common district desire 
to change the organization of their district to an independent 
district, they may call for a vote upon the question at the next 
annual meeting by filing a petition therefor with the clerk.  In 
the notice for the meeting, the clerk shall include a statement 
that the question will be voted upon at the meeting. 
    Sec. 8.  Minnesota Statutes 1986, section 123.11, 
subdivision 7, is amended to read:  
    Subd. 7.  Upon the filing of a petition therefor, executed 
by five eligible voters, as defined in section 123.32, 
subdivision 1a Minnesota election law, of the common district, 
specifying the business to be acted upon, or upon the adoption 
of a proper resolution so specifying, signed by a majority of 
the members of the board, the clerk shall forthwith call a 
special meeting of the district upon ten days' posted notice and 
one week's published notice if there be a newspaper printed in 
the district and specify in the notice the business named in the 
request or resolution and the time and place of the meeting.  If 
there be no clerk in the district or if the clerk fails for 
three days after receiving a request or resolution to give 
notice of a meeting, it may be called by like notice by five 
eligible voters, as defined in section 123.32, subdivision 
1a Minnesota election law, of the district.  No business except 
that named in the notice shall be transacted at the meeting.  If 
there are not five eligible voters, as defined in section 
123.32, subdivision 1a Minnesota election law, or if there is 
not a board therein, the county auditor may call a special 
meeting by giving notice thereof as provided in this section.  
The voters at a special meeting have power to repeal or modify 
their proceedings. 
    Sec. 9.  Minnesota Statutes 1986, section 123.33, 
subdivision 4, is amended to read:  
    Subd. 4.  Any other vacancy in a board shall be filled by 
the board appointment at any a regular or special meeting 
thereof.  Such The appointment shall be evidenced by a 
resolution entered in the minutes and shall continue until July 
1 next following such appointment an election is held under this 
subdivision.  All elections to fill vacancies shall be for the 
unexpired term.  If the vacancy occurs before the first day to 
file affidavits of candidacy for the next school district 
general election and more than two years remain in the unexpired 
term, a special election shall be held in conjunction with the 
school district general election.  The appointed person shall 
serve until the qualification of the successor elected to fill 
the unexpired part of the term at that special election.  If the 
vacancy occurs on or after the first day to file affidavits of 
candidacy for the school district general election, or when less 
than two years remain in the unexpired term, there shall be no 
special election to fill the vacancy and the appointed person 
shall serve the remainder of the unexpired term and until a 
successor is elected and qualifies at the school district 
election. 
    Sec. 10.  Minnesota Statutes 1986, section 123.351, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ESTABLISHMENT.] Two or more independent 
school districts may enter into an agreement to establish a 
cooperative center to provide for vocational education and other 
educational services upon the vote of a majority of the full 
membership of each of the boards of the districts entering into 
the agreement.  When a resolution approving this action has been 
adopted by the board of a district, the resolution shall be 
published once in a newspaper of general circulation in the 
district.  If a petition for referendum on the question of the 
district entering into the agreement, containing signatures of 
qualified voters of the district equal to five percent of the 
number of voters at the last annual school district general 
election, is filed with the clerk of the board within 60 days 
after publication of the resolution, the board shall not enter 
into the agreement until the question has been submitted to the 
voters of the district at a special election.  This election 
shall be conducted and canvassed in accordance with section 
123.32 the same manner as school district general elections.  If 
a majority of the total number of votes cast on the question 
within the district is in favor of the proposition, the board 
may thereupon enter into an agreement to establish the center 
for purposes herein described in this section. 
    Sec. 11.  Minnesota Statutes 1986, section 123.51, is 
amended to read:  
    123.51 [SPECIAL SCHOOL DISTRICTS, LAWS APPLICABLE.] 
    Special districts as now organized shall continue to 
operate under the special legislation and charter provisions 
governing them until conversion to independent districts.  The 
provisions of law relating to independent districts shall apply 
to and govern each special district unless the special laws and 
charter provisions governing the special district provide for 
the matter, in which case the special laws and charter 
provisions relating to the special district shall apply and 
control.  Article 1, sections 48 to 58, control and supersede 
inconsistent provisions of special laws or charters in the 
administration of school district elections in special districts.
    Sec. 12.  Minnesota Statutes 1986, section 127.09, is 
amended to read:  
    127.09 [REFUSING TO SERVE ON SCHOOL BOARD.] 
    Any person who accepts election or appointment to any 
school board and who refuses or neglects to qualify or to serve 
or to perform any of the duties of the office, shall be fined 
$10 for each offense.  The fine shall be collected in an action 
before a county or municipal court.  It may be prosecuted in the 
name of the district by any school board member or eligible 
voter, as defined in section 123.32, subdivision 1a, of the 
district. 
    Sec. 13.  Minnesota Statutes 1986, section 127.11, is 
amended to read:  
    127.11 [DRAWING ILLEGAL ORDER.] 
    Any school district clerk who illegally draws an order upon 
the treasurer, any chair or other officer who attests the order, 
and any school district treasurer who knowingly pays the order, 
shall each forfeit to the district twice the amount of the 
order, to be collected in an action brought in the name of the 
district by any eligible voter, as defined in section 123.32, 
subdivision 1a, of the district. 
    Sec. 14.  [REPEALER.] 
    Minnesota Statutes 1986, sections 123.015 and 123.32, are 
repealed. 
    Sec. 15.  [EFFECTIVE DATE.] 
    Sections 1 to 14 are effective July 1, 1988. 
    Approved May 28, 1987