Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 291-H.F.No. 630 
           An act relating to elections; changing or clarifying 
          provisions governing absentee voting, mail elections, 
          election day activities, ballots, canvassing, 
          municipal elections, school district elections, voting 
          systems, election contests, and financial reporting; 
          clarifying provisions relating to reports and 
          statements of the ethical practices board; providing 
          for a presidential primary election; regulating the 
          selection of convention delegates; imposing penalties; 
          amending Minnesota Statutes 1988, sections 10A.02, 
          subdivision 8; 203B.10; 203B.12, subdivisions 1 and 6; 
          203B.13; 204B.09, by adding a subdivision; 204B.27, by 
          adding a subdivision; 204B.40; 204B.46; 204C.06, 
          subdivision 1; 204C.31, by adding a subdivision; 
          204C.35, subdivision 2; 204C.36; 204C.361; 204D.08, 
          subdivision 1; 204D.23, by adding a subdivision; 
          204D.27, subdivision 9; 205.16, by adding a 
          subdivision; 205A.07, by adding a subdivision; 
          205A.10, subdivisions 2, 3, and by adding a 
          subdivision; 206.57, subdivision 1; 206.66; 206.90, 
          subdivision 3; 209.021, subdivision 1; 211A.02, 
          subdivision 1; 211A.05, subdivision 1; and 211B.11, 
          subdivision 1; proposing coding for new law in 
          Minnesota Statutes, chapters 202A; 203B; and 206; 
          proposing coding for new law as Minnesota Statutes, 
          chapter 207A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1 

                         ELECTION LAW PROVISIONS
    Section 1.  Minnesota Statutes 1988, section 10A.02, 
subdivision 8, is amended to read: 
    Subd. 8.  The board shall: 
    (a) Report at the close of each fiscal year to the 
legislature, the governor and the public concerning the action 
it has taken, the names, salaries, and duties of all individuals 
in its employ and the money it has disbursed.  The board shall 
include and identify in its report any other reports it has made 
during the fiscal year.  It may indicate apparent abuses and 
offer legislative recommendations; 
    (b) Prescribe forms for statements and reports required to 
be filed under sections 10A.01 to 10A.34 and make the forms 
available to individuals required to file them; 
    (c) Make available to the individuals required to file the 
reports and statements a manual setting forth the recommended 
uniform methods of bookkeeping and reporting; 
    (d) Develop a filing, coding and cross-indexing system 
consistent with the purposes of sections 10A.01 to 10A.34; 
    (e) Make the reports and statements filed with it available 
for public inspection and copying by the end of the second day 
following the day on which they were received.  Any individual 
may copy a report or statement by hand or by duplicating machine 
and the board shall provide duplicating services at cost for 
this purpose.  No information copied from reports and statements 
shall be sold or utilized by any individual or association for 
any commercial purpose.  "Commercial purpose" does not include 
purposes related to elections, political activities, or law 
enforcement.  Any individual or association violating the 
provisions of this clause may be subject to a civil penalty of 
up to $1,000.  An individual who knowingly violates this 
subdivision is guilty of a misdemeanor; 
    (f) Notwithstanding the provisions of section 138.163, 
preserve reports and statements for a period of five years from 
the date of receipt; 
    (g) Compile and maintain a current list and summary of all 
statements or parts of statements pertaining to each candidate; 
and 
    (h) Prepare and publish reports as it may deem appropriate. 
    Sec. 2.  [202A.20] [CAUCUS INFORMATION; RESULTS.] 
    Subdivision 1.  [INFORMATION.] The secretary of state may 
sponsor or participate in activities designed to provide public 
information related to the precinct caucuses and to promote 
participation in the caucus process. 
    Subd. 2.  [REPORTING CAUCUS RESULTS.] The secretary of 
state may provide a method for the timely reporting of caucus 
results to the public. 
    Sec. 3.  [203B.001] [ELECTION LAW APPLICABILITY.] 
    The Minnesota election law is applicable to voting by 
absentee ballot unless otherwise provided in this chapter. 
    Sec. 4.  Minnesota Statutes 1988, 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 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 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. 5.  Minnesota Statutes 1988, section 203B.12, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RECEIPT OF RETURN ENVELOPES.] The election 
judges in each precinct or the judges of an absentee 
ballot counting board shall take possession of all return 
envelopes delivered to them in accordance with section 203B.08.  
    Sec. 6.  Minnesota Statutes 1988, 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. 7.  Minnesota Statutes 1988, 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 may do any of the following:  
    (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 or 
    (c) Report the vote totals tabulated for each precinct.  
    Subd. 3.  [COMPENSATION OF MEMBERS.] The 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, and count absentee ballots, the 
county auditor or 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. 8.  Minnesota Statutes 1988, section 204B.09, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [ABSENT CANDIDATES.] A candidate for county, 
state, or federal office who will be absent from the state 
during the filing period may submit a properly executed 
affidavit of candidacy, the appropriate filing fee, and any 
necessary petitions in person to the filing officer.  The 
candidate shall state in writing the reason for being unable to 
submit the affidavit during the filing period.  The affidavit, 
filing fee, and petitions must be submitted to the filing 
officer during the seven days immediately preceding the 
candidate's absence from the state.  Nominating petitions may be 
signed during the 14 days immediately preceding the date when 
the affidavit of candidacy is filed. 
    Sec. 9.  Minnesota Statutes 1988, section 204B.27, is 
amended by adding a subdivision to read: 
     Subd. 6.  [VOTER PARTICIPATION.] The secretary of state may 
sponsor or participate in nonpartisan activities to promote 
voter participation in Minnesota elections and in efforts to 
increase voter registration and voter turnout. 
    Sec. 10.  Minnesota Statutes 1988, section 204B.40, is 
amended to read: 
    204B.40 [BALLOTS; ELECTION RECORDS AND OTHER MATERIALS; 
DISPOSITION; INSPECTION OF BALLOTS.] 
    The county auditors and municipal clerks shall retain all 
election materials returned to them after any election for at 
least one year from the date of that election.  All election 
materials involved in a contested election shall be retained for 
one year or until the contest has been finally determined, 
whichever is later.  Abstracts filed by canvassing boards shall 
be retained permanently by any officer with whom those abstracts 
are filed.  Election materials no longer required to be retained 
pursuant to this section shall be disposed of in accordance with 
sections 138.163 to 138.21.  Sealed envelopes containing voted 
ballots must be retained unopened, except as provided in this 
section, in a secure location.  The county auditor or, municipal 
clerk, or school district clerk shall not permit any voted 
ballots to be tampered with or defaced. 
     After the time for filing a notice of contest for an 
election has passed, the secretary of state may open the sealed 
ballot envelopes and inspect the ballots for that election 
maintained by the county auditors, municipal clerks, or school 
district clerks for the purpose of monitoring and evaluating 
election procedures.  No inspected ballot may be marked or 
identified in any manner.  After inspection, all ballots must be 
returned to the ballot envelope and the ballot envelope must be 
securely resealed. 
    Sec. 11.  Minnesota Statutes 1988, section 204B.46, is 
amended to read: 
    204B.46 [EXPERIMENTAL MAIL ELECTIONS; QUESTIONS.] 
    Between August 1, 1987, and March 30, 1989, the secretary 
of state may authorize experimental mail elections.  A county 
or, municipality, or school district submitting questions to the 
voters at a special election may apply to the secretary of state 
county auditor for approval of an election by mail with no 
polling place other than the office of the auditor or clerk.  No 
more than two questions may be submitted at a mail election and 
no offices may be voted on.  Notice of the election and the 
special mail procedure must be given at least six weeks prior to 
the election.  No earlier than 20 or later than 18 days prior to 
the election, the auditor or clerk shall mail ballots by 
nonforwardable mail to all voters registered in the county or, 
municipality, or school district.  Eligible voters not 
registered at the time the ballots are mailed may apply for 
ballots pursuant to chapter 203B.  The Minnesota election law is 
applicable to experimental mail elections except as provided by 
this section or as authorized by the secretary of state.  The 
secretary of state shall report to the legislature on 
implementation of this section. 
    Sec. 12.  Minnesota Statutes 1988, section 204C.06, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LINGERING NEAR POLLING PLACE.] An 
individual shall be allowed to go to and from the polling place 
for the purpose of voting without unlawful interference.  No 
voters or other individuals shall congregate in any number 
within 100 feet of a polling place.  No one, either inside a 
polling place or within 100 feet of the entrance to it, shall 
ask a voter how the voter intends to vote or has voted on any 
office or question on the ballot.  No one except an election 
official or an individual who is waiting to register or to vote 
shall congregate in any number or stand within 50 100 feet of 
the entrance to a polling place. 
     Sec. 13.  Minnesota Statutes 1988, section 204C.31, is 
amended by adding a subdivision to read: 
     Subd. 3.  [DUTIES OF CANVASSING BOARDS.] The returns from 
every election held in this state must be reported to a legally 
constituted canvassing board.  The duties of each canvassing 
board are limited to those duties specified in sections 204C.32 
to 204C.39. 
     Sec. 14.  Minnesota Statutes 1988, section 204C.35, 
subdivision 2, is amended to read: 
    Subd. 2.  [OPTIONAL RECOUNT.] A losing candidate for 
nomination or election to a legislative office or to a district, 
county or county municipal court judicial office may request a 
recount in a manner provided in this section at the candidate's 
own expense when the vote difference is greater than the 
difference required by this section.  The votes shall be 
recounted as provided in this section if the candidate files a 
request during the time for filing notice of contest of the 
primary or election for which a recount is sought.  The 
requesting candidate shall file with the filing officer a bond, 
cash or surety in an amount set by the filing officer for the 
payment of the recount expenses.  The requesting candidate is 
responsible for the following expenses:  the compensation of the 
secretary of state, or designees, and any election judge, 
municipal clerk, county auditor, administrator, or other 
personnel who participate in the recount; the costs of computer 
operation, preparation of ballot counting equipment, necessary 
supplies and travel related to the recount; the compensation of 
the appropriate canvassing board and costs of preparing for the 
canvass of recount results; and any attorney fees incurred in 
connection with the recount by the governing body responsible 
for the recount. 
     Sec. 15.  Minnesota Statutes 1988, section 204C.36, is 
amended to read: 
    204C.36 [RECOUNTS IN COUNTY, SCHOOL DISTRICT, AND MUNICIPAL 
ELECTIONS.] 
    Subdivision 1.  [REQUIRED RECOUNTS.] A losing candidate for 
nomination or election to a county, 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) 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, 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.  
    Subd. 2.  [DISCRETIONARY CANDIDATE RECOUNTS.] A losing 
candidate for nomination or election to a county, 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 subdivision 1, clauses (a) to (e).  The votes shall be 
recounted as provided in this section if the requesting 
candidate files with the county auditor, 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.  
    Subd. 3.  [DISCRETIONARY BALLOT QUESTION RECOUNTS.] A 
recount may be conducted for a ballot question when the 
difference between the votes for and the votes against the 
question is less than or equal to the difference provided in 
subdivision 1, clauses (a) to (e).  A recount may be requested 
by any person eligible to vote on the ballot question.  A 
written request for a recount must be filed with the filing 
officer of the county, municipality, or school district placing 
the question on the ballot and must be accompanied by a petition 
containing the signatures of 25 voters eligible to vote on the 
question.  If the difference between the votes for and the votes 
against the question is greater than the difference provided in 
subdivision 1, clauses (a) to (e), the person requesting the 
recount shall also file with the filing officer of the county, 
municipality, or school district a bond, cash, or surety in an 
amount set by the appropriate governing body for the payment of 
recount expenses.  The written request, petition, and any bond, 
cash, or surety required must be filed during the time for 
notice of contest for the election for which the recount is 
requested.  
    Subd. 4.  [EXPENSES.] In the case of a question, a person, 
or a candidate requesting a discretionary recount, is 
responsible for the following expenses:  the compensation of the 
secretary of state, or designees, and any election judge, 
municipal clerk, county auditor, administrator, or other 
personnel who participate in the recount; the costs of computer 
operation, preparation of ballot counting equipment, necessary 
supplies and travel related to the recount; the compensation of 
the appropriate canvassing board and costs of preparing for the 
canvass of recount results; and any attorney fees incurred in 
connection with the recount by the governing body responsible 
for the recount. 
    Subd. 5.  [NOTICE OF CONTEST.] 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. 16.  Minnesota Statutes 1988, section 204C.361, is 
amended to read: 
    204C.361 [RULES FOR RECOUNTS.] 
    The secretary of state shall adopt rules according to the 
Administrative Procedures Act establishing uniform recount 
procedures.  All recounts provided for by sections 204C.35 and, 
204C.36, and 25 shall be conducted in accordance with these 
rules.  
    Sec. 17.  Minnesota Statutes 1988, section 204D.08, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FORM.] Except as provided in this section, 
state primary ballots shall be printed in the same manner as 
state general election ballots as far as practicable.  A 
sufficient number shall be printed for each precinct and ward in 
the state.  
    The secretary of state shall adopt rules for the format and 
preparation of the state primary ballot. 
    Sec. 18.  Minnesota Statutes 1988, section 204D.23, is 
amended by adding a subdivision to read: 
    Subd. 5.  [WITHDRAWAL OF CANDIDATES.] A candidate may 
withdraw from the special primary ballot by filing an affidavit 
of withdrawal with the same official who received the affidavit 
of candidacy.  The affidavit of withdrawal must be filed no 
later than 5:00 p.m. of the day after the last day for filing 
affidavits of candidacy. 
    Sec. 19.  Minnesota Statutes 1988, section 204D.27, 
subdivision 9, is amended to read: 
    Subd. 9.  [CANVASS; SPECIAL LEGISLATIVE ELECTION; STATE 
CANVASSING BOARD.] Except as provided in subdivision 4, the 
state canvassing board shall complete its canvass of a special 
election for state senator or state representative and declare 
the results within two four days, excluding Sundays and legal 
holidays, after the returns of the county canvassing boards are 
certified to the secretary of state.  
    Sec. 20.  Minnesota Statutes 1988, section 205.16, is 
amended by adding a subdivision to read: 
    Subd. 4.  [NOTICE TO AUDITOR.] At least 30 days prior to 
every municipal election, the municipal clerk shall provide a 
written notice to the county auditor, including the date of the 
election and the offices and questions to be voted on at the 
election. 
    Sec. 21.  Minnesota Statutes 1988, section 205A.07, is 
amended by adding a subdivision to read: 
    Subd. 3.  [NOTICE TO AUDITOR.] At least 30 days prior to 
every school district election, the school district clerk shall 
provide a written notice to the county auditor of each county in 
which the school district is located.  The notice must include 
the date of the election and the offices and questions to be 
voted on at the election. 
     Sec. 22.  Minnesota Statutes 1988, section 205A.10, 
subdivision 2, is amended to read: 
    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. 
     Sec. 23.  Minnesota Statutes 1988, section 205A.10, 
subdivision 3, is amended to read: 
    Subd. 3.  [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 
BALLOTS, DISPOSITION.] Within two days after a school district 
election other than a recount of a special election conducted 
under section 124A.03, subdivision 2, or 475.59, 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. 
    A school district canvassing board shall perform the duties 
of the school board according to the requirements of this 
subdivision for a recount of a special election conducted under 
section 124A.03, subdivision 2, or 475.59.  
    Sec. 24.  Minnesota Statutes 1988, section 205A.10, is 
amended by adding a subdivision to read: 
    Subd. 5.  [SCHOOL DISTRICT CANVASSING BOARD.] For the 
purpose of a recount of a special election conducted under 
section 124A.03, subdivision 2, or 475.59, the school district 
canvassing board shall consist of one member of the school board 
other than the clerk, selected by the board, the clerk of the 
school board, the county auditor of the county in which the 
greatest number of school district residents reside, the court 
administrator of the district court of the judicial district in 
which the greatest number of school district residents reside, 
and the mayor or chair of the town board of the school 
district's most populous municipality.  Any member of the 
canvassing board may appoint a designee to appear at the meeting 
of the board, except that no designee may be a candidate for 
public office.  If one of the individuals fails to appear at the 
meeting of the canvassing board, the county auditor shall 
appoint an eligible voter of the school district, who must not 
be a member of the school board, to fill the vacancy.  Not more 
than two school board members shall serve on the canvassing 
board at one time.  Four members constitute a quorum.  
    The school board shall serve as the school district 
canvassing board for the election of school board members. 
    Sec. 25.  Minnesota Statutes 1988, section 206.57, 
subdivision 1, is amended to read: 
    Subdivision 1.  [EXAMINATION AND REPORT BY SECRETARY OF 
STATE; APPROVAL.] A vendor of a lever voting machine or 
electronic voting system may apply to the secretary of state to 
examine the machine or system and to report as to its compliance 
with the requirements of law and as to its accuracy, durability, 
efficiency, and capacity to register the will of voters.  The 
secretary of state or a designee shall examine the machine or 
system submitted and file a report on it in the office of the 
secretary of state.  Examination is not required of every 
individual machine or counting device, but only of each type of 
lever voting machine or electronic voting system before its 
adoption, use, or purchase and before its continued use after 
significant changes have been made in an approved machine or 
system.  The examination must include the ballot programming, 
vote counting, and vote accumulation functions of each voting 
machine or system. 
    If the report of the secretary of state or the secretary's 
designee concludes that the kind of machine or system examined 
complies with the requirements of sections 206.55 to 206.87 
206.90 and can be used safely, the machine or system shall be 
deemed approved by the secretary of state, and may be adopted 
and purchased for use at elections in this state.  A voting 
machine or system not approved by the secretary of state may not 
be used at an election in this state.  The secretary of state 
may adopt permanent and emergency rules consistent with sections 
206.55 to 206.87 206.90 relating to the examination and use of 
voting machines and electronic voting systems.  
    Sec. 26.  Minnesota Statutes 1988, section 206.66, is 
amended to read: 
    206.66 [VIOLATIONS; PENALTIES.] 
    Subdivision 1.  [INJURING VOTING MACHINES.] An individual 
who intentionally injures or attempts to injure or render 
ineffectual a lever voting machine or any component of an 
electronic voting system, or who violates any of the provisions 
of sections 206.55 to 206.87 206.90, is guilty of a felony.  
    Subd. 2.  [VIOLATION OF LAW, RULES.] An individual who 
violates any rules adopted by the secretary of state or by the 
governing body of a municipality where lever voting machines or 
an electronic voting system are used, or who violates any of the 
provisions of sections 206.55 to 206.87 206.90 is guilty of a 
gross misdemeanor. 
    Subd. 3.  [PERFORMANCE BOND.] A vendor of voting machines, 
electronic voting systems, or related election services shall 
furnish the secretary of state with a sufficient bond 
conditioned on the performance of those machines, systems, or 
services in accordance with the Minnesota election law and any 
contract or agreement made with an election jurisdiction in 
Minnesota.  The vendor bond required under section 206.57, 
subdivision 4, may serve as the performance bond required under 
this subdivision.  The secretary of state shall send notice of 
the receipt or forfeiture of a bond under this subdivision to 
each official on the user list. 
     Sec. 27.  [206.88] [PARTIAL RECOUNTS ON ELECTRONIC VOTING 
SYSTEMS.] 
    The secretary of state may conduct a recount to verify the 
accuracy of vote counting and recording in one or more precincts 
in which an electronic voting system was used in the election.  
The results of the recount must be reported to the appropriate 
canvassing board.  Time for notice of nomination, election, or 
contest for an office recounted pursuant to this section must 
begin upon certification of the results of the recount by the 
canvassing board.  
    Sec. 28.  Minnesota Statutes 1988, section 206.90, 
subdivision 3, is amended to read: 
    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."  At a state or county election where an optical scan 
voting system will be in use, the county auditor may provide 
ballot cards meeting the requirements of this section in lieu of 
paper ballots otherwise required to be prepared by the county 
auditor.  In an election jurisdiction where an optical scan 
voting system has been adopted, the election official may 
provide paper ballots prepared in the same format used for the 
voting system. 
    Sec. 29.  Minnesota Statutes 1988, section 209.021, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MANNER; TIME; CONTENTS.] Service of a 
notice of contest must be made in the same manner as the service 
of summons in civil actions.  The notice of contest must specify 
the grounds on which the contest will be made.  The contestant 
shall serve notice of the contest on the parties enumerated in 
this section.  Notice must be served and filed within five days 
after the canvass is completed in the case of a primary or 
within seven days after the canvass is completed in the case of 
a special or general election; except that if a contest is based 
on a deliberate, serious, and material violation of the election 
laws which was discovered from the statements of receipts and 
disbursements required to be filed by candidates and committees, 
the action may be commenced and the notice served and filed 
within ten days after the filing of the statements in the case 
of a general election or within five days after the filing of 
the statements in the case of a primary.  If a notice of contest 
questions only which party received the highest number of votes 
legally cast at the election, a contestee who loses may serve 
and file a notice of contest on any other ground during the 
three days following expiration of the time for appealing the 
decision on the vote count.  
    Sec. 30.  Minnesota Statutes 1988, section 211A.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [WHEN AND WHERE FILED BY COMMITTEES.] (a) A 
committee or a candidate who receives contributions or makes 
disbursements of more than $750 in a calendar year shall submit 
an initial report to the filing officer within 14 days after the 
candidate or committee receives or makes disbursements of more 
than $750 and shall continue to make the reports listed in 
paragraph (b) until a final report is filed.  
    (b) The committee or candidate must also file a report by 
January 31 of each year following the year when the initial 
report was filed.  In addition, and in a year when the 
candidate's name or a ballot question appears on the ballot, the 
candidate or committee shall file a report: 
    (1) ten days before the primary or special primary; 
    (2) ten days before the general election or special 
election; and 
    (3) seven days before a special primary; 
    (4) seven days before a special election; and 
    (5) 30 days after a general or special election. 
     Sec. 31.  Minnesota Statutes 1988, section 211A.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PENALTY.] A candidate who intentionally 
fails to file a report required by section 211A.02 is guilty of 
a misdemeanor.  A member The treasurer of a committee 
that formed to promote or defeat a ballot question who 
intentionally fails to file a report required by section 211A.02 
is guilty of a misdemeanor.  Each candidate or treasurer of a 
committee formed to promote or defeat a ballot question shall 
certify to the filing officer that all reports required by 
section 211A.02 have been submitted to the filing officer or 
that the candidate or committee has not received contributions 
or made disbursements exceeding $750 in the calendar year.  The 
certification shall be submitted to the filing officer no later 
than seven days after the general or special election.  The 
secretary of state shall prepare blanks for this certification.  
An officer who issues a certificate of election to a 
candidate with knowledge that the candidate's financial 
statement has not been filed who has not certified that all 
reports required by section 211A.02 have been filed is guilty of 
a misdemeanor. 
    Sec. 32.  Minnesota Statutes 1988, section 211B.11, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SOLICITING NEAR POLLING PLACES.] A person 
may not display campaign material, post signs, ask, solicit, or 
in any manner try to induce or persuade a voter within a polling 
place or within 100 feet of the building in which a polling 
place is situated on primary or election day to vote for or 
refrain from voting for a candidate or ballot question.  A 
person may not provide political badges, political buttons, or 
other political insignia to be worn at or about the polling 
place on the day of a primary or election.  A political badge, 
political button, or other political insignia may not be worn at 
or about the polling place on primary or election day. 
    The secretary of state may distribute stickers to the 
county auditors which contain the words "I VOTED" and nothing 
more, and which have been donated to the state without cost.  
Any stickers of this type must be delivered to the county 
auditors at least 30 days prior to the election.  Election 
judges may offer a sticker of this type to each voter who has 
signed the polling place roster. 
    Sec. 33.  [EFFECTIVE DATE.] 
    Sections 1 to 32 are effective the day following final 
enactment. 

                                ARTICLE 2 

                          PRESIDENTIAL PRIMARY 
    Section 1.  [207A.01] [PRESIDENTIAL PRIMARY.] 
    A presidential primary must be held on the fourth Tuesday 
in February of each year in which a president and vice president 
of the United States are to be nominated and elected, at which 
the voters of this state may express their preference among the 
candidates of the major political party of their choice, for 
that party's nomination to be president of the United States.  
For the purposes of sections 1 to 7, "political party" or 
"party" means a political party as defined in section 200.02, 
subdivision 7.  
    Sec. 2.  [207A.02] [CANDIDATES ON BALLOT.] 
    Subdivision 1.  [REQUIRED LISTING.] The following 
individuals must be listed as candidates on the appropriate 
major political party presidential ballot with a separate ballot 
for each major political party:  
    (1) any individual whose name has been entered as a 
candidate for the nomination of a major political party in 
presidential primaries in two or more other states during the 
same year; and 
    (2) any individual nominated as a candidate for the 
presidential nomination of a political party by a petition 
bearing the names of 2,000 eligible voters from each 
congressional district.  
    Subd. 2.  [TENTATIVE LISTING.] A tentative determination of 
the candidates to be listed for each political party on the 
presidential primary ballot must be announced by the secretary 
of state ten weeks before the primary for the purpose of giving 
voters sufficient time to nominate unlisted candidates by 
petition.  
    Subd. 3.  [ANNOUNCEMENT.] The determination of which 
candidates must be listed on the presidential primary ballot 
must be made by the secretary of state not later than six weeks 
before the presidential primary.  
    Subd. 4.  [NOTIFICATION.] The secretary of state shall 
notify each individual whose name is to be listed on the 
presidential primary ballot that the individual's name will be 
listed unless the individual submits an affidavit stating that 
the individual is not a candidate for the presidential 
nomination, does not intend to become a candidate, and would not 
accept the nomination.  The affidavit must be submitted to and 
received by the secretary of state no later than five weeks 
before the presidential primary.  
    Sec. 3.  [207A.03] [PRESIDENTIAL PRIMARY; HOW CONDUCTED.] 
    Except as otherwise provided in sections 1 to 7, the 
presidential primary must be announced, held, and conducted, and 
the results canvassed and returned in the manner provided by law 
for other primaries and in accordance with the general election 
laws of the state, as applicable.  If a municipality which uses 
lever voting machines or an electronic voting system determines 
that the use of the machines or voting system would not be 
practical in the presidential primary, the municipality may use 
a paper ballot for the presidential primary.  
    Sec. 4.  [207A.04] [AUDITOR FURNISHED INFORMATION BY 
SECRETARY OF STATE; BALLOT PREPARATION.] 
    Subdivision 1.  [NOTICE.] Before December 1 of the year 
before a presidential primary is to be held, the secretary of 
state shall provide notice to the county auditor of each county 
of the date of the presidential primary.  Each county auditor 
shall provide notice of the date of the presidential primary to 
each municipal clerk in the county.  At least 15 days before the 
date of the presidential primary, each municipal clerk shall 
post a public notice stating the date and hours during which the 
polling places in the municipality will be open.  Failure to 
give notice does not invalidate the election.  
    Subd. 2.  [BALLOT PREPARATION.] The secretary of state 
shall prepare paper ballots, absentee ballot envelopes, ballot 
return envelopes, election return envelopes, and summary 
statements for use in the presidential primary.  The ballots 
must be printed on white paper with a separate ballot for the 
names of the candidates of each political party.  
    Sec. 5.  [207A.05] [ENDORSED CANDIDATE.] 
    The candidate who receives a plurality of the votes cast 
for candidates of the candidate's political party must be 
declared the endorsed candidate of that party.  
    Sec. 6.  [207A.06] [SELECTION OF DELEGATES; NATIONAL 
CONVENTION BALLOTING.] 
    Subdivision 1.  [APPORTIONMENT OF VOTES.] The delegates to 
the national convention of each political party appearing on the 
presidential primary ballot must be apportioned among the 
various candidates of that party receiving votes in the 
presidential primary, in proportion to their respective vote 
totals.  
    The secretary of state shall certify to the state 
chairperson of each political party appearing on the 
presidential primary ballot the number of delegates to which 
each presidential candidate is entitled.  
    Subd. 2.  [CHOSEN DELEGATES.] Delegates to the national 
convention of each political party appearing on the presidential 
primary ballot must be chosen by the state convention of that 
party, except as otherwise provided in this subdivision.  The 
secretary of each party's state convention shall promptly notify 
the secretary of state of the names of the delegates to the 
national convention chosen as supporters of each presidential 
candidate.  Only supporters of candidates whose names appeared 
on the presidential primary ballot may be chosen by the state 
convention of that party to be delegates to the national 
convention.  The secretary of state shall promptly notify each 
presidential candidate of the names of the delegates to the 
national convention chosen as supporters of that candidate.  If 
the presidential candidate determines that the delegates chosen 
as supporters by the state convention are not in fact committed 
to the candidate's candidacy, the candidate shall, within ten 
days of receiving the notification from the secretary of state, 
advise the secretary of state of the names of those delegates to 
whom the candidate objects on those grounds and shall name as 
substitute delegates any other individuals who are committed to 
the candidacy.  The determination and selection by the 
presidential candidate shall take precedence over the decision 
of the state convention and is final.  The secretary of state 
shall promptly notify the secretary of the state convention of 
the affected political party of the action by a presidential 
candidate.  
    Subd. 3.  [DELEGATE VOTES.] At the national convention, 
delegates chosen because of their support for a presidential 
candidate shall vote for that candidate on the first ballot at 
the national convention regardless of the number of votes the 
candidate receives, and shall also vote for the candidate on the 
second and third ballots if the candidate receives at least 20 
percent of the votes cast on the preceding ballot, unless they 
have been released from that obligation by the candidate.  
    Sec. 7.  [207A.07] [USE OF VOTING MACHINES.] 
    The county auditor of each county in which lever voting 
machines or electronic voting systems are used shall provide all 
ballots, ballot labels, ballot cards, and other necessary 
printed forms and supplies needed to place the ballots required 
by sections 1 to 7 on the voting machines which otherwise are 
provided by the state when paper ballots are used.  The total 
cost of printing and providing the forms must be paid by the 
state. 
    Presented to the governor May 26, 1989 
    Signed by the governor May 30, 1989, 11:48 a.m.