Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 585-S.F.No. 2229 
           An act relating to elections; clarifying language and 
          changing procedures for voter registration, absentee 
          voters, and polling place rosters; defining certain 
          terms; changing certain time limits; providing for 
          persons who are permanently ill or disabled to 
          automatically receive absentee ballot applications 
          before each election; providing for certain services 
          at state party conventions; requiring a report; 
          changing filing requirements for town elections; 
          exempting certain noncommercial signs from municipal 
          regulation; amending Minnesota Statutes 1988, sections 
          200.02, by adding a subdivision; 201.022; 201.023; 
          201.054, subdivision 1; 201.061, subdivision 1; 
          201.071, subdivisions 3 and 4; 201.081; 201.091; 
          201.12, subdivision 2; 201.121, subdivisions 1 and 2; 
          201.171; 201.211; 201.221; 201.27, subdivision 1; 
          203B.04, by adding a subdivision; 203B.09; 203B.12, 
          subdivisions 2 and 3; 204B.09, subdivision 1; 204B.28, 
          subdivision 2; 204B.45, subdivision 2; 204C.10; 
          204C.12, subdivision 4; 204C.27; 367.03, subdivision 
          1; and 367.33, subdivision 4; Minnesota Statutes 1989 
          Supplement, sections 202A.13; and 203B.13, subdivision 
          3a; proposing coding for new law in Minnesota 
          Statutes, chapters 201 and 211B; repealing Minnesota 
          Statutes 1988, sections 201.061, subdivision 2; 
          201.071, subdivisions 5 and 6; and 201.091, 
          subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
    Section 1.  Minnesota Statutes 1988, section 200.02, is 
amended by adding a subdivision to read:  
    Subd. 20.  [STATEWIDE REGISTRATION SYSTEM.] "Statewide 
registration system" means the computerized central statewide 
voter registration system and data base developed and maintained 
by the secretary of state pursuant to section 201.022.  
    Sec. 2.  Minnesota Statutes 1988, section 201.022, is 
amended to read:  
    201.022 [COMPUTERIZED CENTRAL STATEWIDE REGISTRATION 
SYSTEM.] 
    Subdivision 1.  [ESTABLISHMENT.] The secretary of state 
shall develop and implement a statewide computerized voter 
registration system to facilitate voter registration and to 
provide a central data base containing voter registration 
information from around the state.  The system must be 
accessible to the county auditor of each county in the state.  
The system must satisfy the requirements for a duplicate 
registration file.  County requirements for a duplicate 
registration file are met when the secretary of state determines 
that a county's voter registration records have been completely 
converted to the statewide system.  
    Subd. 2.  [RULES.] The secretary of state shall make 
permanent and emergency rules necessary to administer the system 
required in subdivision 1.  The rules must at least:  
    (1) provide for voters to submit their registration to any 
county auditor, the secretary of state, or the department of 
public safety; 
    (2) provide for the establishment and maintenance of a 
central data base for all voter registration information; 
    (3) provide procedures for entering data into a central 
data base the statewide registration system; 
    (4) provide for interaction with the computerized driver's 
license records of the department of public safety; 
    (5) allow the offices of all county auditors and the 
secretary of state to add, modify, and delete information from 
the system to provide for accurate and up-to-date records; 
    (6) allow the offices of all county auditors and the 
secretary of state's office to have access to the central data 
base statewide registration system for review and search 
capabilities; 
    (7) provide security and protection of all information in 
the central data base statewide registration system and monitor 
the central data base to ensure that unauthorized entry is not 
allowed; 
    (8) provide a system for each county to identify the 
precinct to which a voter should be assigned for voting 
purposes; 
    (9) prescribe a procedure for phasing in or converting 
existing computerized records to the statewide voter 
registration data base system; and 
    (10) prescribe a procedure for the return of completed 
voter registration forms from the department of public safety to 
the secretary of state or the county auditor.; and 
     (11) provide alternate procedures, effective until December 
31, 1990, for updating voter records and producing polling place 
rosters for counties.  The secretary of state shall determine no 
later than June 1, 1990, whether these alternate procedures will 
be required. 
    Sec. 3.  Minnesota Statutes 1988, section 201.023, is 
amended to read:  
    201.023 [VOTER REGISTRATION ACCOUNT.] 
    The voter registration account is established as an account 
in the state treasury.  Amounts received by the secretary of 
state to pay the cost of producing lists of registered voters 
under section 201.091, subdivision 5, by the statewide 
computerized registration system must be deposited in the state 
treasury and credited to the voter registration account.  Money 
in the voter registration account is continually appropriated to 
the secretary of state to produce lists of registered voters 
under section 201.091, subdivision 5.  
    Sec. 4.  Minnesota Statutes 1988, section 201.054, 
subdivision 1, is amended to read:  
    Subdivision 1.  [REGISTRATION.] An individual may register 
to vote:  
    (1) at any time before the 20th day preceding any election 
as provided in section 201.061, subdivision 1, in counties where 
preregistration is allowed; 
    (2) on the day of an election as provided in section 
201.061, subdivision 3; or 
    (3) when submitting an absentee ballot, by enclosing a 
completed registration card as provided in section 203B.04, 
subdivision 4;.  
    (4) by submitting a registration card received in a state 
income tax form or booklet to the secretary of state's office; 
or 
    (5) by filling out the voter registration part of a 
driver's license application.  
    Sec. 5.  Minnesota Statutes 1988, section 201.061, 
subdivision 1, is amended to read:  
    Subdivision 1.  [PRIOR TO ELECTION DAY.] At any time except 
during the 20 days immediately preceding any election, an 
eligible voter or any individual who will be an eligible voter 
at the time of the next election may register to vote in the 
precinct in which the voter maintains residence by completing a 
registration card and submitting it in person or by mail to the 
county auditor of that county, by completing the voter 
registration part of a driver's license application, or by 
submitting in person or by mail a registration card received in 
a state income tax form or booklet or elsewhere to the secretary 
of state's office.  A registration that is received no later 
than 5:00 p.m. on the 21st day preceding any election shall be 
accepted.  An improperly addressed or delivered registration 
card shall be forwarded within two working days after receipt to 
the county auditor of the county where the voter maintains 
residence.  
    Sec. 6.  Minnesota Statutes 1988, 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 
registration deficient.  
    Sec. 7.  Minnesota Statutes 1988, section 201.071, 
subdivision 4, is amended to read:  
    Subd. 4.  [CHANGE OF REGISTRATION.] Any county auditor who 
receives a registration card indicating that an individual was 
previously registered in a different county in Minnesota shall 
notify the county auditor of that county electronically through 
the statewide registration system in the manner prescribed by in 
the rules of the secretary of state.  A county auditor receiving 
a registration card indicating that a voter was previously 
registered in a different precinct in the same county or 
receiving a notification as provided in this subdivision shall 
remove that individual's duplicate voter registration card, if 
any, and the original voter registration card from the files, 
and make any other necessary changes in the voter registration 
records.  Any county auditor who receives a registration card or 
notification requiring a change of registration records under 
this subdivision as a result of an election day registration 
shall also check the duplicate statewide registration card or 
file from the precinct of prior residence system to determine 
whether the individual voted in that more than one precinct in 
the most recent election.  
    Sec. 8.  Minnesota Statutes 1988, section 201.081, is 
amended to read:  
    201.081 [REGISTRATION FILES.] 
    The original voter registration file cards and the 
duplicate statewide registration file shall be system are the 
record of registered voters.  The original and duplicate voter 
registration files cards and the terminal providing access to 
the central statewide registration system shall must be kept 
in the office under the control of the county auditor or in the 
office of a public official to whom the county auditor has 
delegated the responsibility of keeping either file for 
maintaining voter registration records.  The files shall voter 
registration cards and terminals providing access to the 
statewide registration system must not be removed from the 
control of the county auditor except that the duplicate file 
shall be delivered as provided in section 201.221, this 
subdivision 3, to the duly authorized election judges for use on 
election day.  The county auditor may make photographic copies 
of voter registration cards in the manner provided by section 
138.17.  
    Sec. 9.  Minnesota Statutes 1988, section 201.091, is 
amended to read: 
    201.091 [REGISTERED VOTER LISTS; REPORTS; REGISTRATION 
PLACES.] 
    Subdivision 1.  [PRECINCT MASTER LIST.] Each county auditor 
shall prepare and maintain a current list of the duplicate 
registration cards, registered voters in each precinct in the 
county which list shall be is known as the precinct master 
list.  The master list must be created by entering each 
completed voter registration card received by the county auditor 
into the statewide registration system.  It shall must show the 
name and, residence address, and date of birth of each voter 
registered in the precinct.  The telephone number shall be 
included on the list if provided by the voter.  The information 
contained in the master list may only be made available to 
election officials for purposes related to election 
administration, to the state court administrator for jury 
selection, and to public officials authorized to carry out law 
enforcement duties. 
    Subd. 2.  [CORRECTED LIST.] On By February 15 of each year, 
the county auditor secretary of state shall prepare and on 
request make available current precinct lists for the county the 
master list for each county auditor.  Each precinct list shall 
The records in the statewide registration system must be 
periodically corrected and updated by the county auditor.  A 
final corrected precinct An updated master list for each 
precinct shall must be available 15 for absentee voting at least 
32 days before each primary election.  A corrected precinct list 
may be either in the form of a complete corrected list or a 
separate list of additions and deletions to the preceding list.  
If it is available, the auditor and the secretary of state shall 
also provide the information at cost in the form of accessible 
computer data.  A final corrected master list must be available 
seven days before each election. 
    Subd. 3.  [REGISTRATION CARDS DELIVERED TO COUNTY AUDITOR.] 
A public official maintaining the duplicate registration file 
pursuant to section 201.081 shall deliver the original voter 
registration cards to the county auditor within 30 days after a 
primary and within 60 days after a general election.  Within 60 
days after receiving the original voter registration cards after 
a general election, the county auditor shall return the 
corrected precinct list to the public official maintaining the 
duplicate registration file. 
    Subd. 4.  [PUBLIC ACCESS TO REGISTRATION FILES INFORMATION 
LISTS.] The duplicate registration file shall be open to 
public county auditor shall make available for inspection a 
public information list which must contain the name, address, 
and voting history of each registered voter in the county.  The 
telephone number must be included on the list if provided by the 
voter.  The public information list may also include information 
on voting districts.  The public official having custody of the 
voter registration files county auditor may adopt reasonable 
rules governing access to the files list.  No individual 
inspecting the duplicate registration file public information 
list shall tamper with the cards or their arrangement or alter 
it in any manner.  No individual who inspects a duplicate 
registration file the public information list or who acquires a 
list of registered voters prepared from the file public 
information list may use any information contained in the file 
or list for purposes unrelated to elections, political 
activities, or law enforcement.  The secretary of state may 
provide copies of the public information lists and other 
information from the statewide registration system for uses 
related to elections, political activities, or law enforcement. 
    Before inspecting voter registration files the public 
information list or obtaining a list of voters or other 
information from the files list, the individual shall provide 
identification to the public official having custody of 
the registration files public information list and shall state 
in writing that any information obtained from the list will not 
be used for purposes unrelated to elections, political 
activities, or law enforcement.  Requests to examine or obtain 
information from the public information lists or the statewide 
registration system must be made and processed in the manner 
provided in the rules of the secretary of state. 
    Subd. 5.  [COPY OF LIST TO REGISTERED VOTER.] The county 
auditors and the secretary of state shall provide paper copies 
of the current precinct public information lists and may provide 
the lists in some other form to any voter registered in 
Minnesota within ten days of receiving a written request 
accompanied by payment of the cost of reproduction.  The county 
auditors and the secretary of state shall make a copy of the 
list available for public inspection without cost.  No An 
individual who inspects or acquires a copy of a precinct public 
information list may not use any information contained in it for 
purposes unrelated to elections, political activities, or law 
enforcement.  No list made available for public inspection or 
purchase may include the date of birth of a registered voter. 
    Subd. 8.  [REGISTRATION PLACES.] Each county auditor shall 
designate a number of public buildings in those political 
subdivisions of the county where preregistration of voters is 
allowed as provided in section 201.061, subdivision 1, where 
eligible voters may register to vote.  At least one public 
building shall must be designated for each 30,000 residents of 
the county.  Every city of the first, second, and third class 
and county seat shall have At least one telecommunications 
device for the deaf must be available for voter registration 
information in each county seat and in every city of the first, 
second, and third class. 
    An adequate supply of registration cards and instructions 
must be maintained at each designated location, and a designated 
individual must be available there to accept registration cards 
and transmit them to the county auditor.  
    A person who, because of handicap, needs assistance in 
order to determine eligibility or to register shall must be 
assisted by a designated individual.  Assistance includes but is 
not limited to reading the registration form and instructions 
and filling out the registration form as directed by the 
eligible voter.  
    Sec. 10.  [201.096] [SCHOOL ELECTIONS; USE OF VOTER 
REGISTRATION SYSTEM.] 
    The county auditor shall allow independent or special 
school districts to use the necessary portions of the statewide 
registration system for school district elections.  The county 
auditor may impose reasonable requirements to preserve the 
security and integrity of the system.  The county auditor and 
the school district shall provide by agreement for the details 
of the use of the system by the school district.  The school 
board may designate a member of the board or an employee as 
registration officer.  The provisions of this chapter and 
chapter 203B relating to registration of voters apply to school 
district elections in which the statewide registration system is 
used.  
    Sec. 11.  Minnesota Statutes 1988, section 201.12, 
subdivision 2, is amended to read:  
    Subd. 2.  [CHALLENGES.] Upon return of the notice by the 
postal service, the county auditor or the auditor's staff shall 
personally ascertain the name and address of that individual.  
If the individual is no longer at the address recorded in 
the original statewide registration file system, the county 
auditor shall affix change the word registrant's status 
to "challenged" to in the duplicate statewide registration 
card system.  Any An individual challenged in accordance with 
this subdivision shall comply with the provisions of section 
204C.12, before being allowed to vote.  If a second notice 
mailed at least 60 days after the return of the first notice is 
also returned by the postal service, the county auditor may 
remove the original and duplicate cards from the registration 
card from the file and change the registrant's status to 
"inactive" in the statewide registration system. 
    Sec. 12.  Minnesota Statutes 1988, section 201.121, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ENTRY OF REGISTRATION INFORMATION.] Upon 
receiving a voter registration card properly completed and 
submitted in accordance with sections 201.061 and 201.071, the 
county auditor shall enter in the appropriate registration files 
and in the central statewide registration system the 
registration card or the information contained on it.  
    Upon receiving a completed voter registration card or form, 
the secretary of state may electronically transmit the 
information on the card or form to the appropriate county 
auditor as soon as possible for review by the county auditor 
before final entry into the central statewide registration 
system.  The secretary of state shall mail the registration card 
or form to the county auditor for placement in the appropriate 
files.  
    Sec. 13.  Minnesota Statutes 1988, section 201.121, 
subdivision 2, is amended to read:  
    Subd. 2.  [NOTICE OF REGISTRATION; CHALLENGES.] The county 
auditor shall mail a notice indicating the individual's name, 
address, precinct and polling place to each registered voter.  
The notice shall indicate that it must be returned if it is not 
deliverable to the voter at the named address.  Upon return of 
the notice by the postal service, the county auditor shall affix 
the word change the registrant's status to "challenged" to in 
the voter's duplicate statewide registration card system.  An 
individual challenged in accordance with this subdivision shall 
comply with the provisions of section 204C.12, before being 
allowed to vote.  
    Sec. 14.  Minnesota Statutes 1988, section 201.171, is 
amended to read: 
    201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 
REGISTRATION REMOVED.] 
    Within six weeks after every election, the county auditor 
shall post the voting history for every person who voted in the 
election.  After the close of the calendar year, the secretary 
of state shall determine if any registrants have not voted 
during the preceding four years and shall change the status of 
those registrants to "inactive" in the statewide registration 
system.  The secretary of state shall also prepare a report to 
the county auditor containing the names of all registrants whose 
status was changed to "inactive." 
    After the close of each calendar year, The county auditor 
shall remove the original and duplicate voter registration cards 
card of any voter who has not voted during the four preceding 
calendar years in any election, including but not limited to a 
school district election where the permanent voter registration 
system is used whose name appears on the report.  Although not 
counted in an election, a late absentee ballot shall must be 
considered a vote for the purpose of continuing 
registration.  The county auditor shall also make the 
appropriate changes in the data base of the central registration 
system. 
    Sec. 15.  Minnesota Statutes 1988, section 201.211, is 
amended to read: 
    201.211 [COSTS.] 
    The office required to perform the functions and duties of 
this chapter shall bear the costs incurred.  If these functions 
and duties are delegated to another office, that office shall 
bear the costs.  The secretary of state shall pay the costs of 
operating and maintaining the statewide registration system.  
The secretary of state shall also pay the costs of preparing 
polling place rosters and master lists from the money 
appropriated for this purpose. 
    Sec. 16.  Minnesota Statutes 1988, section 201.221, is 
amended to read:  
    201.221 [RULES.] 
    Subdivision 1.  [ADOPTION OF RULES.] To implement the 
provisions of this chapter, the secretary of state shall adopt 
rules consistent with federal and state election laws.  
    Subd. 2.  [UNIFORM PROCEDURES FOR COUNTIES.] The secretary 
of state shall assist local election officers by devising 
uniform forms and procedures.  The secretary of state shall 
provide uniform rules for counties maintaining voter 
registration records on data processing systems so that the 
systems are compatible with a uniform system of electronic data 
maintenance and the central computerized voter statewide 
registration system.  The secretary of state shall supervise the 
development and use of the statewide registration system to 
insure that it conforms to applicable laws and rules.  
    Subd. 3.  [PROCEDURES FOR DUPLICATE REGISTRATION FILE 
POLLING PLACE ROSTERS.] The secretary of state shall prescribe 
the form of the duplicate registration file so that a duplicate 
card contains spaces for polling place rosters that include the 
voter's name, address, telephone number date of birth, school 
district number, and space for the voter's signature, and 
space.  The polling place roster must be used to indicate 
whether the voter has voted in a given election.  The secretary 
of state shall prescribe procedures for transporting 
the duplicate registration files polling place rosters 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 date of birth from currently 
registered voters.  The county or municipality shall not request 
the day and month date of birth from currently registered voters 
by any communication other than the prescribed form and the form 
shall must clearly indicate that a currently registered voter 
does not lose registration status by failing to provide the day 
and month date 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 polling place 
rosters used on the date of election for one year following the 
election.  
    Subd. 4.  [COUNTY RULES.] The county auditor of each county 
may adopt rules which that delegate to the secretary of state or 
municipal officials in that county the duties assigned to county 
auditors by this chapter.  Delegation of duties to the secretary 
of state requires the approval of the secretary of state.  
Delegation to a municipal official requires the approval of the 
governing body of the municipality.  Delegation by the county 
auditor of the duty to accept registrations does not relieve the 
county auditor of the duty to accept registrations.  When a 
municipal official is delegated duties given to the county 
auditor by this chapter, the governing body of the municipality 
shall immediately provide the necessary funds, equipment and 
facilities, establish a place of registration and put the 
registration plan into operation without delay Each delegation 
agreement must include a plan to allocate the costs of the 
duties to be delegated.  
    Sec. 17.  Minnesota Statutes 1988, section 201.27, 
subdivision 1, is amended to read:  
    Subdivision 1.  [INTENTIONAL VIOLATION.] No officer, 
deputy, clerk, or other employee shall intentionally:  
    (a) (1) fail to perform or enforce any of the provisions of 
this chapter except the provisions of subdivision 2; 
    (b) (2) remove any a registration card or record from its 
proper place in the registration files, in any a manner or for 
any a purpose not authorized by law; 
    (c) (3) destroy any or make an unauthorized change to a 
record required to be kept by this chapter; or 
    (d) (4) add a name or names to the voter registration 
files, records, or cards, except as authorized by law.  
    An individual who violates this subdivision is guilty of a 
felony.  
     Sec. 18.  Minnesota Statutes 1989 Supplement, section 
202A.13, is amended to read: 
    202A.13 [COMMITTEES, CONVENTIONS.] 
    The rules of each major political party shall provide that 
for each congressional district and each county or legislative 
district a convention shall be held at least once every state 
general election year.  Each major political party shall also 
provide for each congressional district and each county or 
legislative district an executive committee consisting of a 
chair and such other officers as may be necessary.  The party 
rules may provide for only one executive committee and one 
convention where any county and congressional district have the 
same territorial limits.  
    A communicatively impaired delegate or alternate who needs 
interpreter services at a county, legislative district, or 
congressional district, or state convention shall so notify the 
executive committee of the major political party unit whose 
convention the delegate or alternate plans to attend.  Written 
notice must be given by certified mail to the executive 
committee at least 30 days before the convention date.  The 
major political party, not later than 14 days before the 
convention date, shall secure the services of one or more 
interpreters if available and shall assume responsibility for 
the cost of the services.  The state central committee of the 
major political party shall determine the process for 
reimbursing interpreters.  
    A visually impaired delegate or alternate to a county, 
legislative district, or congressional district, or state 
convention may notify the executive committee of the major 
political party unit that the delegate or alternate requires 
convention materials in audio tape, Braille, or large print 
format.  Upon receiving the request, the executive committee 
shall provide all official written convention materials as soon 
as they are available, so that the visually impaired individual 
may have them converted to audio tape, Braille, or large print 
format, prior to the convention. 
    Sec. 19.  Minnesota Statutes 1988, section 203B.04, is 
amended by adding a subdivision to read: 
    Subd. 5.  [PERMANENT ILLNESS OR DISABILITY.] An eligible 
voter who reasonably expects to be permanently unable to go to 
the polling place on election day because of illness or 
disability may apply to a county auditor or municipal clerk 
under this section to automatically receive an absentee ballot 
application before each election and to have the status as a 
permanent absentee voter indicated on the voter's registration 
record.  The secretary of state shall adopt rules governing 
procedures under this subdivision. 
    Sec. 20.  Minnesota Statutes 1988, section 203B.09, is 
amended to read:  
    203B.09 [FORM AND CONTENT OF REQUIRED MATERIALS; RULES OF 
SECRETARY OF STATE.] 
    The secretary of state shall adopt rules establishing the 
form, content, and type size and style for the printing of blank 
applications for absentee ballots, absentee voter lists, return 
envelopes, certificates of eligibility to vote by absentee 
ballot, ballot envelopes and directions for casting an absentee 
ballot.  Any official charged with the duty of printing any of 
these materials shall do so in accordance with these rules.  
    Sec. 21.  Minnesota Statutes 1988, section 203B.12, 
subdivision 2, is amended to read:  
    Subd. 2.  [EXAMINATION OF RETURN ENVELOPES.] Two or more 
election judges shall examine each return envelope and shall 
mark it accepted or rejected in the manner provided in this 
subdivision.  The election judges shall mark the return envelope 
"Accepted" and initial or sign the return envelope below the 
word "Accepted" if the election judges or a majority of them are 
satisfied that:  
    (a) the voter's signature on the return envelope is the 
genuine signature of the individual who made the application for 
ballots and the certificate has been completed as prescribed in 
the directions for casting an absentee ballot; 
    (b) the voter is registered and eligible to vote in the 
precinct or has included a properly completed registration card 
in the return envelope; and 
    (c) the voter has not already voted at that election, 
either in person or by absentee ballot.  
    The return envelope from accepted ballots shall must be 
preserved and returned to the county auditor with the voters' 
certificates.  
    If all or a majority of the election judges examining 
return envelopes find that an absent voter has failed to meet 
one of the requirements prescribed in clauses (a) to (c), they 
shall mark the return envelope "Rejected," initial or sign it 
below the word "Rejected," and return it to the county auditor 
with the unused ballots.  
    Sec. 22.  Minnesota Statutes 1988, section 203B.12, 
subdivision 3, is amended to read:  
    Subd. 3.  [NOTATION ON DUPLICATE REGISTRATION CARD OR 
FILE POLLING PLACE ROSTER.] If the return envelope is marked 
with the word "Accepted," the election judges shall record the 
fact that the voter has voted by absentee ballot on 
the duplicate voter registration card or file polling place 
roster.  This shall must be done by placing the letters "A.B." 
in the appropriate space on the duplicate card or file roster.  
After a registration card or file record has been marked to 
record that an individual has voted by absentee ballot, the 
individual shall not be allowed to vote in person at that 
election.  
    Sec. 23.  Minnesota Statutes 1989 Supplement, section 
203B.13, subdivision 3a, is amended to read:  
    Subd. 3a.  [DUPLICATE REGISTRATION FILES ABSENTEE VOTER 
LIST.] If the election judges of an absentee ballot board are 
authorized to receive, examine, validate, and count absentee 
ballots, the county auditor or municipal clerk shall remove from 
the duplicate registration files the cards prepare a list of all 
persons who have applied for absentee ballots at the election 
and deliver them it to the election judges of the absentee 
ballot 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 The polling place rosters 
must include an indicator for all persons on the absentee voter 
list.  The county auditor may provide a supplemental list for 
use by the election judges after the polling place rosters have 
been prepared.  If a person on the absentee voter list appears 
in the polling place, the election judges shall contact the 
election judges of the absentee ballot 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 board shall examine 
the duplicate registration card of the voter absentee voter list 
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 board shall make a notation on the duplicate registration 
card absentee voter list that the voter has voted and no 
absentee ballot shall may be counted for that voter.  
     Sec. 24.  Minnesota Statutes 1988, section 204B.09, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
ELECTIONS.] Except as otherwise provided by this subdivision, 
affidavits of candidacy and nominating petitions for county, 
state and federal offices filled at the state general election 
shall be filed not more than 70 days nor less than 56 days 
before the state primary.  The affidavit may be prepared and 
signed at any time between 60 days before the filing period 
opens and the last day of the filing period.  Candidates for 
presidential electors may file petitions on or before the state 
primary day.  Nominating petitions to fill vacancies in 
nominations shall be filed as provided in section 204B.13.  No 
affidavit or petition shall be accepted later than 5:00 p.m. on 
the last day for filing.  Affidavits and petitions for offices 
to be voted on in only one county shall be filed with the county 
auditor of that county.  Affidavits and petitions for offices to 
be voted on in more than one county shall be filed with the 
secretary of state. 
    Sec. 25.  Minnesota Statutes 1988, section 204B.28, 
subdivision 2, is amended to read:  
    Subd. 2.  [ELECTION SUPPLIES; DUTIES OF COUNTY AUDITORS AND 
CLERKS.] Except as otherwise provided for absentee ballots in 
section 204B.35, subdivision 4, the county auditor shall 
complete the preparation of the election materials for which the 
auditor is responsible at least one week four days before every 
state primary and state general election.  At any time after all 
election materials are available from the county auditor but not 
later than one week four days before the election each municipal 
clerk shall secure from the county auditor:  
    (a) The forms that are required for the conduct of the 
election; 
    (b) Any printed voter instruction materials furnished by 
the secretary of state; 
    (c) Any other instructions for election officers; and 
    (d) A sufficient quantity of the official ballots, ballot 
boxes, registration files, envelopes for ballot returns, and 
other supplies and materials required for each precinct in order 
to comply with the provisions of the Minnesota election law.  
The county auditor may furnish the election supplies to the 
municipal clerks in the same manner as the supplies are 
furnished to precincts in unorganized territory pursuant to 
section 204B.29, subdivision 1.  
    Sec. 26.  Minnesota Statutes 1988, section 204B.45, 
subdivision 2, is amended to read:  
    Subd. 2.  [PROCEDURE.] Notice of the election and the 
special mail procedure must be given at least six weeks prior to 
the election.  No earlier than 20 days or later than 18 14 days 
prior to the election, the auditor shall mail ballots by 
nonforwardable mail to all voters registered in the town or 
unorganized territory.  Eligible voters not registered at the 
time the ballots are mailed may apply for ballots as provided in 
chapter 203B.  Ballot return envelopes, with return postage 
provided, must be preaddressed to the auditor or clerk and the 
voter may return the ballot by mail or in person to the office 
of the auditor or clerk.  The costs of the mailing shall be paid 
by the election jurisdiction in which the voter resides.  Any 
ballot received by 8:00 p.m. on the day of the election must be 
counted.  
    Sec. 27.  Minnesota Statutes 1988, section 204C.10, is 
amended to read:  
    204C.10 [PERMANENT REGISTRATION; COMPLETION OF VOTER 
CERTIFICATES; VERIFICATION OF REGISTRATION.] 
    Subdivision 1.  An individual seeking to vote shall print 
the individual's name and address on a certificate sign a 
polling place roster which states that the individual is at 
least 18 years of age, a citizen of the United States, has 
resided in Minnesota for 20 days immediately preceding the 
election, certifies residence at the address shown, is not under 
guardianship of the person, has not been found by a court of law 
to be legally incompetent to vote or convicted of a felony 
without having civil rights restored, is registered and has not 
already voted in the election.  The individual shall then sign 
the certificate.  
    An election judge shall compare the signature on the 
voter's certificate with the signature as it appears on the 
duplicate registration card and the address with the address on 
the duplicate registration card.  If the election judge is 
satisfied that the signatures are the same, the election judge 
shall initial the certificate and record the fact of voting on 
the back of the duplicate registration card.  The initialed 
certificate shall be handed to the voter, who shall deliver it 
to the election judge in charge of ballots as proof of the right 
to vote.  
    Subd. 2.  Subdivision 1 does not apply to voting in 
counties or municipalities which make the election authorized by 
section 201.071, subdivision 5.  In lieu of the certificate 
required by subdivision 1, an applicant shall sign the duplicate 
registration file in the space provided next to the applicant's 
name in the file.  In lieu of the signature comparison required 
by subdivision 1, A judge may, before the applicant signs the 
duplicate registration file roster, request confirm the 
applicant's name, address, and day and month date of birth.  
After the applicant signs the registration file roster, the 
judge shall give the applicant a voter's receipt.  The voter 
shall deliver the voter's receipt to the judge in charge of 
ballots as proof of the voter's right to vote, and thereupon the 
judge shall hand to the voter the ballot.  The judges shall 
destroy the voters' receipts at the end of the day.  
    Sec. 28.  Minnesota Statutes 1988, section 204C.12, 
subdivision 4, is amended to read:  
    Subd. 4.  [REFUSAL TO ANSWER QUESTIONS OR SIGN A VOTER 
CERTIFICATE POLLING PLACE ROSTER.] A challenged individual who 
refuses to answer questions or sign a voter certificate polling 
place roster as required by this section shall must not be 
allowed to vote.  No A challenged individual who leaves the 
polling place and returns later willing to answer questions or 
sign a voter certificate shall polling place roster must not be 
allowed to vote.  In precincts without voter registration the 
name of the individual shall not be entered or allowed to remain 
on the election register.  
    Sec. 29.  Minnesota Statutes 1988, 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, canary, and gray ballots; and the envelopes 
containing the white, pink, canary, and gray ballots either 
directly to the municipal clerk for transmittal to the county 
auditor's office or directly to the county auditor's office as 
soon as possible after the vote counting is completed but no 
later than 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.  The municipal or school district clerk 
shall return all polling place rosters and completed voter 
registration cards to the county auditor within 48 hours after 
the end of the hours for voting.  
     Sec. 30.  [211B.045] [NONCOMMERCIAL SIGNS EXEMPTION.] 
    In any municipality with an ordinance that regulates the 
size of noncommercial signs, notwithstanding the provisions of 
that ordinance, all noncommercial signs of any size may be 
posted from August 1 in a state general election year until ten 
days following the state general election. 
    Sec. 31.  Minnesota Statutes 1988, section 367.03, 
subdivision 1, is amended to read: 
    Subdivision 1.  [OFFICERS, TERMS.] Except in towns 
operating under option A, there shall be elected in each town 
three supervisors as provided in this section.  Where a new town 
has been or may be organized and supervisors have been or may be 
elected for such town at a town meeting prior to the annual town 
election, such supervisors shall serve only until the next 
annual town election at which election three supervisors shall 
be elected, one for three years, one for two years, and one for 
one year, so that the term of one shall expire each year.  The 
number of years for which each is elected shall be indicated on 
the ballot.  When two supervisors are to be elected for 
three-year terms under option A, a candidate shall indicate on 
the affidavit of candidacy which of the two offices the 
candidate is filing for.  At all other annual town elections one 
supervisor shall be elected for three years to fill the place of 
the one whose term expires at that time.  Except in towns 
operating under either option B or option D, or both, there 
shall be elected at the annual town election held in 
even-numbered years one town clerk, and at the annual town 
election held in odd-numbered years one town treasurer.  The 
clerk and treasurer each shall serve for a term of two years and 
until their successors are elected and qualified. 
    Sec. 32.  Minnesota Statutes 1988, section 367.33, 
subdivision 4, is amended to read: 
    Subd. 4.  [TERMS.] If the additional supervisors are 
elected at a special election, they shall serve only until the 
next annual town election, at which the additional members shall 
stand for election, one for a term of two years and one for a 
term of three years.  The candidate receiving the highest number 
of votes shall be elected for the longer term.  If the 
additional supervisors are elected at an annual election, one 
shall serve for a term of two years and the other for a term of 
three years with the candidate receiving the highest number of 
votes being elected for the longer term.  A candidate for one of 
the additional supervisor positions shall specify in the 
affidavit of candidacy that the candidate is filing for either 
the two-year or the three-year term. 
    Sec. 33.  [REPORT TO LEGISLATURE.] 
    The secretary of state shall evaluate the operation of 
section 19 and shall report to the chairs of the general 
legislation committee in the house of representatives and the 
elections committee in the senate by February 1, 1992. 
    Sec. 34.  [REPEALER.] 
    Minnesota Statutes 1988, sections 201.061, subdivision 2; 
201.071, subdivisions 5 and 6; and 201.091, subdivision 3, are 
repealed. 
    Sec. 35.  [EFFECTIVE DATE.] 
     This act is effective the day following final enactment. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 3, 1990, 5:40 p.m.