Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 227-H.F.No. 478 
           An act relating to elections; changing requirement of 
          absentee ballot applications for deer hunters; 
          facilitating voting by certain students; defining 
          certain terms; providing for use of certain facilities 
          for elections; clarifying uses to be made of lists of 
          registered voters; requiring commissioner of health to 
          report deaths to secretary of state; authorizing 
          facsimile applications for absentee ballots; 
          authorizing certain experimental election procedures; 
          requiring notarized affidavits of candidacy; providing 
          for allocation of certain election expenses; providing 
          for voting methods in combined local elections; 
          providing order of counting gray box ballots; changing 
          time for issuance of certificates of election; 
          clarifying effect of changing the year of municipal 
          elections; changing certain deadlines and procedures 
          in school district elections; authorizing an 
          experimental school board election; changing 
          disclaimer language; changing procedures for hospital 
          district elections; amending Minnesota Statutes 1990, 
          sections 97A.485, subdivision 1a; 200.02, by adding a 
          subdivision; 201.061, subdivision 3; 201.091, 
          subdivisions 1 and 4; 201.13, subdivision 1; 203B.02, 
          by adding a subdivision; 203B.04, subdivision 1; 
          204B.09, subdivision 1; 204B.16, subdivision 6, and by 
          adding a subdivision; 204B.32; 204B.35, by adding a 
          subdivision; 204B.45, by adding a subdivision; 
          204C.19, subdivision 2; 204C.40, subdivision 2; 
          205.07, subdivision 1, and by adding a subdivision; 
          205.16, subdivision 4; 205A.04; 205A.07, subdivision 
          3; 211B.04; and 447.32, subdivisions 2, 3, and 4; 
          proposing coding for new law in Minnesota Statutes, 
          chapters 135A and 201. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 97A.485, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [DEER LICENSE; ABSENTEE BALLOT APPLICATION.] The 
commissioner and agents shall include with every license have 
available for each person purchasing a license to take deer with 
firearms or by archery, sold or issued during a general election 
year, an application for an absentee ballots and a voter 
registration card ballot.  At the time of purchase, the 
commissioner or the commissioner's agent shall ask whether the 
person purchasing the license wants an application for an 
absentee ballot.  The commissioner shall obtain absentee ballot 
application forms from the secretary of state and distribute 
them to the commissioner's agents. 
    Sec. 2.  [135A.17] [PROVISIONS TO FACILITATE VOTING.] 
    Subdivision 1.  [IDENTIFICATION CARDS.] All post-secondary 
institutions that enroll students accepting state or federal 
financial aid may provide every full-time student a student 
identification card that contains the enrolling student's 
photograph and name. 
    Subd. 2.  [RESIDENTIAL HOUSING LIST.] All post-secondary 
institutions that enroll students accepting state or federal 
financial aid may prepare a current list of students enrolled in 
the institution and residing in the institution's housing or 
within ten miles of the institution's campus.  The list shall 
include each student's current address.  The list shall be 
certified and sent to the appropriate county auditor or auditors 
for use in election day registration as provided under section 
201.061, subdivision 3.  
    Sec. 3.  Minnesota Statutes 1990, section 200.02, is 
amended by adding a subdivision to read: 
    Subd. 21.  [LOCAL ELECTION OFFICIAL.] "Local election 
official" means the municipal clerk or principal officer charged 
with duties relating to elections. 
    Sec. 4.  Minnesota Statutes 1990, 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 driver's 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) showing one of the following: 
    (i) a current valid student identification card from a 
post-secondary educational institution in Minnesota, if a list 
of students from that institution has been prepared under 
section 135A.17 and certified to the county auditor in the 
manner provided in rules of the secretary of state; or 
    (ii) a current student fee statement that contains the 
student's valid address in the precinct together with a picture 
identification card; or 
     (4) 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. 5.  Minnesota Statutes 1990, section 201.091, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MASTER LIST.] Each county auditor shall 
prepare and maintain a current list of registered voters in each 
precinct in the county which is known as the 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 must show the name, residence 
address, and date of birth of each voter registered in the 
precinct.  The information contained in the master list may only 
be made available to election public officials for purposes 
related to election administration, to the state court 
administrator for jury selection, and in response to public 
officials authorized to carry out a law enforcement duties 
inquiry concerning a violation of or failure to comply with any 
criminal statute or state or local tax statute. 
    Sec. 6.  Minnesota Statutes 1990, section 201.091, 
subdivision 4, is amended to read: 
    Subd. 4.  [PUBLIC INFORMATION LISTS.] The 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 county auditor may adopt reasonable rules 
governing access to the list.  No individual inspecting the 
public information list shall tamper with or alter it in any 
manner.  No individual who inspects the public information list 
or who acquires a list of registered voters prepared from the 
public information list may use any information contained in the 
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 in response to a law enforcement 
inquiry from a public official concerning a failure to comply 
with any criminal statute or any state or local tax statute. 
    Before inspecting the public information list or obtaining 
a list of voters or other information from the list, the 
individual shall provide identification to the public official 
having custody of the 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. 
    Upon receipt of a written request and a copy of the court 
order, the secretary of state may withhold from the public 
information list the name of any registered voter placed under 
court-ordered protection. 
    Sec. 7.  Minnesota Statutes 1990, section 201.13, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LOCAL REGISTRAR OF VITAL STATISTICS 
COMMISSIONER OF HEALTH, REPORTS OF DECEASED RESIDENTS.] 
The local registrar of vital statistics in each county or 
municipality commissioner of health shall report monthly to 
the county auditor secretary of state the name and, address, 
date of birth, and county of residence of each individual 18 
years of age or older who has died while maintaining residence 
in that county or municipality Minnesota since the last previous 
report.  The secretary of state shall determine if any of the 
persons listed in the report are registered to vote and shall 
prepare a list of those registrants for each county auditor.  
The county auditor shall change the status of those registrants 
to "deceased" in the statewide registration system.  Upon 
receipt of the report list, the county auditor shall remove from 
the files the original and duplicate registration cards of the 
voters reported to be deceased and make the appropriate changes 
in the data base of the central statewide registration system. 
    Sec. 8.  [201.1611] [POST-SECONDARY INSTITUTION VOTER 
REGISTRATION.] 
    Subdivision 1.  [FORMS.] All post-secondary institutions 
that enroll students accepting state or federal financial aid 
shall provide voter registration forms to each student upon 
payment of tuition, fees, and activities funds at the 
commencement of fall quarter.  The forms must contain spaces for 
the information required in section 201.071, subdivision 1, and 
applicable rules of the secretary of state.  The institutions 
may request these forms from the secretary of state. 
    Subd. 2.  [STUDENT VOTER REGISTRATION.] Upon registration 
or receipt of payment of fees, students must be asked if they 
want to register to vote at the same time.  A copy of each 
completed voter registration form must be sent to the county 
auditor of the county in which the voter maintains residence or 
to the secretary of state as soon as possible.  All completed 
voter registration forms must be forwarded to the county auditor 
within five days and in no case later than 21 days before the 
general election. 
     Sec. 9.  Minnesota Statutes 1990, section 203B.02, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [EXPERIMENTAL PROCEDURES.] A county board may 
authorize any eligible voter in the county to vote by absentee 
ballot without qualification by submitting a written request to 
the county auditor between August 1, 1991 and November 30, 1992, 
notwithstanding the provisions of subdivision 1.  The county 
auditor shall notify the secretary of state immediately after 
the adoption of such a resolution of authorization by the county 
board. 
    The application for absentee ballots must include the 
voter's name, residence address in the county, address to which 
the ballots are to be mailed, the date of the request, and the 
voter's signature. 
    The county auditor shall maintain a record of the number of 
applications for absentee ballots submitted under this 
subdivision.  No later than January 15, 1993, the secretary of 
state shall prepare a report to the legislature on the 
implementation of this subdivision. 
    Assistance to voters in marking absentee ballots is subject 
to section 204C.15, subdivision 1. 
    Sec. 10.  Minnesota Statutes 1990, 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.  An application may be submitted to the county auditor 
or municipal clerk by an electronic facsimile device, at the 
discretion of the auditor or clerk. 
    Sec. 11.  Minnesota Statutes 1990, 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.  Notwithstanding 
other law to the contrary, the affidavit of candidacy must be 
signed in the presence of a notarial officer.  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. 12.  Minnesota Statutes 1990, section 204B.16, 
subdivision 6, is amended to read: 
    Subd. 6.  [PUBLIC FACILITIES.] Every statutory city, home 
rule charter city, county, town, school district, and other 
public agency, including the University of Minnesota and other 
public colleges and universities, shall make their facilities, 
including parking, available for the holding of city, county, 
school district, state, and federal elections, subject to the 
approval of the local election official.  A charge for the use 
of the facilities may be imposed in an amount that does not 
exceed the lowest amount charged to any public or private group. 
    Sec. 13.  Minnesota Statutes 1990, section 204B.16, is 
amended by adding a subdivision to read: 
    Subd. 7.  [APPROPRIATE FACILITIES.] The facilities provided 
in accordance with subdivision 6 shall be sufficient in size to 
accommodate all election activities and the requirements of 
subdivision 5.  The space must be separated from other 
activities within the building.  The local election official may 
approve space in two connecting rooms for registration and 
balloting activities.  Except in the event of an emergency 
making the approved space unusable, the public facility may not 
move the election from the space approved by the local election 
official without prior approval.  In addition to the 
requirements of subdivision 5, the public facility must make 
remaining parking spaces not in use for regularly scheduled 
activities available for voters. 
    Sec. 14.  Minnesota Statutes 1990, section 204B.32, is 
amended to read: 
    204B.32 [ELECTION EXPENSES; PAYMENT.] 
    Subdivision 1.  [PAYMENT.] (a) 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. 
     (b) 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.  
     (c) Subject to subdivision 2, 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.  
     (d) 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.  
    Subd. 2.  [ALLOCATION OF COSTS.] Municipalities or counties 
may allocate the costs of conducting elections to school 
districts for payment of their proportionate share of such 
expenses for elections held at the same time as the regular 
municipal or county primary and general election.  Allocated 
costs include expenses for election equipment and supplies; 
polling locations; personnel (including election judge 
compensation and the portion of salaries of election 
administrative and technical employees attributable to the 
preparation and conduct of the election); transportation related 
to the conduct of the election; required election notices and 
newspaper publication of election information; communications 
devices; and postage (including mailings to election judges and 
for absentee voter applications and ballots). 
    Sec. 15.  Minnesota Statutes 1990, section 204B.35, is 
amended by adding a subdivision to read: 
    Subd. 5.  [COMBINED LOCAL ELECTIONS.] Municipalities shall 
determine the voting method in combined local elections when 
other election jurisdictions located wholly or partially within 
the municipality schedule elections on the same date as the 
regular municipal primary or general election. 
     Sec. 16.  Minnesota Statutes 1990, section 204B.45, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [EXPERIMENTAL MAIL BALLOTING; 
AUTHORIZATION.] The secretary of state may authorize Ramsey and 
Kittson counties to conduct elections entirely by mail on an 
experimental basis.  A request from a county board seeking 
authorization to conduct an experimental mail election must be 
submitted to the secretary of state at least 90 days prior to 
the election.  The county auditor must pay all costs related to 
mailing the ballots to and from the voters. 
    The secretary of state shall prepare a report to the 
legislature on the implementation of this subdivision by January 
15, 1993. 
    Sec. 17.  Minnesota Statutes 1990, 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, the gray 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. 18.  Minnesota Statutes 1990, section 204C.40, 
subdivision 2, is amended to read: 
    Subd. 2.  [TIME OF ISSUANCE; CERTAIN OFFICES.] No 
certificate of election shall be issued until 12 days seven days 
after the canvassing board has declared the result of the 
election.  In case of a contest, an election certificate shall 
not be issued until a court of proper jurisdiction has finally 
determined the contest.  This subdivision shall not apply to 
candidates elected to the office of state senator or 
representative.  
    Sec. 19.  Minnesota Statutes 1990, section 205.07, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DATE.] The municipal general election in 
each statutory city shall be held on the first Tuesday after the 
first Monday in November in every even-numbered year; except 
that.  Notwithstanding any provision of law to the contrary and 
subject to the provisions of this section, the governing body of 
a statutory city may, by ordinance passed at a regular meeting 
held before September 1 of any year, elect to hold the election 
on the first Tuesday after the first Monday in November in each 
odd-numbered year.  A city which was a village on January 1, 
1974 and before that date provided for a system of biennial 
elections in the odd-numbered year shall continue to hold its 
elections in that year until changed in accordance with this 
section.  When a city changes its elections from one year to 
another, and does not provide for the expiration of terms by 
ordinance, the term of an incumbent expiring at a time when no 
municipal election is held in the months immediately prior to 
expiration is extended until the date for taking office 
following the next scheduled municipal election.  If the change 
results in having three council members to be elected at a 
succeeding election, the two individuals receiving the highest 
vote shall serve for terms of four years and the individual 
receiving the third highest number of votes shall serve for a 
term of two years.  To provide an orderly transition to the odd 
or even year election plan, the governing body of the city may 
adopt supplementary ordinances regulating initial elections and 
officers to be chosen at the elections and shortening or 
lengthening the terms of incumbents and those elected at the 
initial election so as to conform as soon as possible to the 
regular schedule provided in section 412.02, subdivision 1.  
Whenever the time of the municipal election is changed, the city 
clerk immediately shall notify in writing the county auditor and 
secretary of state of the change of date.  Thereafter the 
municipal general election shall be held on the first Tuesday 
after the first Monday in November in each odd-numbered or 
even-numbered year until the ordinance is revoked and 
notification of the change is made. 
    Sec. 20.  Minnesota Statutes 1990, section 205.07, is 
amended by adding a subdivision to read: 
    Subd. 3.  [EFFECT OF ORDINANCE; REFERENDUM.] An ordinance 
changing the year of the municipal election is effective 240 
days after passage and publication or at a later date fixed in 
the ordinance.  Within 180 days after passage and publication of 
the ordinance, a petition requesting a referendum on the 
ordinance may be filed with the city clerk.  The petition shall 
be signed by eligible voters equal in number to ten percent of 
the total number of votes cast in the city at the last municipal 
general election.  If the requisite petition is filed within the 
prescribed period, the ordinance shall not become effective 
until it is approved by a majority of the voters voting on the 
question at a general or special election held at least 60 days 
after submission of the petition.  If the petition is filed, the 
governing body may reconsider its action in adopting the 
ordinance. 
    Sec. 21.  Minnesota Statutes 1990, section 205.16, 
subdivision 4, is amended to read: 
    Subd. 4.  [NOTICE TO AUDITOR.] At least 30 45 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. 22.  Minnesota Statutes 1990, section 205A.04, is 
amended to read: 
    205A.04 [GENERAL ELECTION.] 
    Subdivision 1.  [SCHOOL DISTRICT 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. 
    Subd. 2.  [EXPERIMENTAL ELECTION; AUTHORIZATION.] The 
school board in independent school district No. 271 may, by 
resolution, designate the first Tuesday after the first Monday 
in November of either the odd-numbered or the even-numbered year 
as the date for its general election, and may reduce the 
existing terms of school board members to provide for staggered 
four-year terms thereafter.  The resolution shall provide that, 
to the extent mathematically possible, the same number of board 
members is chosen at each election, exclusive of those chosen to 
fill vacancies for unexpired terms.  Whenever the year of a 
school district election is changed, the school district clerk 
shall immediately notify in writing the county auditors of 
Hennepin and Scott counties and the secretary of state of the 
change of date.  The secretary of state shall report to the 
legislature by January 15, 1993, on the implementation of this 
subdivision. 
    Sec. 23.  Minnesota Statutes 1990, section 205A.07, 
subdivision 3, is amended to read: 
    Subd. 3.  [NOTICE TO AUDITOR.] At least 30 45 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.  For the purposes of meeting the 
timelines of this section, in a bond election, a notice, 
including a proposed question, may be provided to the county 
auditor prior to receipt of a review and comment from the 
commissioner of education and prior to actual initiation of the 
election. 
    Sec. 24.  Minnesota Statutes 1990, section 211B.04, is 
amended to read: 
    211B.04 [CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.] 
    (a) A person who participates in the preparation or 
dissemination of campaign material other than as provided in 
section 211B.05, subdivision 1, that does not prominently 
include the name and address of the person or committee causing 
the material to be prepared or disseminated in a disclaimer 
substantially in the form provided in paragraph (b) or (c) is 
guilty of a misdemeanor.  
    (b) Except in cases covered by paragraph (c), the required 
form of disclaimer is:  "Prepared and paid for by the .......... 
committee, .........(address)" for material prepared and paid 
for by a principal campaign committee, or "Prepared and paid for 
by the .......... committee, .........(address), in support of 
.........(insert name of candidate or ballot question)" for 
material prepared and paid for by a person or committee other 
than a principal campaign committee." 
    (c) In the case of broadcast media, the required form of 
disclaimer is:  "Paid for by the ............ committee." 
    (d) Campaign material that is not circulated on behalf of a 
particular candidate or ballot question must also include in the 
disclaimer either that it is "in opposition to .....(insert name 
of candidate or ballot question.....)"; or that "this 
publication is not circulated on behalf of any candidate or 
ballot question." 
    (e) This section does not apply to objects stating only the 
candidate's name and the office sought, fundraising tickets, or 
personal letters that are clearly being sent by the candidate. 
    (f) This section does not modify or repeal section 211B.06. 
    Sec. 25.  Minnesota Statutes 1990, section 447.32, 
subdivision 2, is amended to read: 
    Subd. 2.  [ELECTIONS.] Except as provided in this chapter, 
the Minnesota election law applies to hospital district 
elections, as far as practicable.  Regular elections must be 
held in each hospital district at the same time, in the same 
election precincts, and at the same polling places as general 
elections of state and county officers.  Alternatively, the 
hospital board may by resolution fix a date for an election, not 
later than December 7 just before the expiration of board 
members' terms.  It may establish the whole district as a single 
election precinct or establish two or more different election 
precincts and polling places for the elections.  If there is 
more than one precinct, the boundaries of the election precincts 
and the locations of the polling places must be defined in the 
notice of election, either in full or by reference to a 
description or map on file in the office of the clerk. 
    Special elections may be called by the hospital board at 
any time to vote on any matter required by law to be submitted 
to the voters.  A special election may not be conducted either 
during the 30 days before and the 30 days after the state 
primary or state general election, or during the 20 days before 
and the 20 days after the regularly scheduled election of any 
municipality wholly or partially within the hospital district.  
Special elections must be held within the election precinct or 
precincts and at the polling place or places designated by the 
board.  In the case of the first election of officers of a new 
district, precincts and polling places must be set by the 
governing body of the most populous city or town included in the 
district. 
    Advisory ballots may be submitted by the hospital board on 
any question it wishes, concerning the affairs of the district, 
but only at a regular election or at a special election required 
for another purpose. 
    Sec. 26.  Minnesota Statutes 1990, section 447.32, 
subdivision 3, is amended to read: 
    Subd. 3.  [ELECTION NOTICES.] At least two weeks before the 
first day to file affidavits of candidacy, the clerk of the 
district shall publish a notice stating the first and last day 
on which affidavits of candidacy may be filed, the places for 
filing the affidavits and the closing time of the last day for 
filing.  The clerk shall post a similar notice in at least one 
conspicuous place in each city and town in the district at least 
ten days before the first day to file affidavits of candidacy. 
    The notice of each election must be posted in at least one 
public and conspicuous place within each city and town included 
in the district at least ten days before the election. It must 
be published in the official newspaper of the district or, if a 
paper has not been designated, in a legal newspaper having 
general circulation within the district, at least one week two 
weeks before the election.  Failure to give notice does not 
invalidate the election of an officer of the district.  A voter 
may contest a hospital district election in accordance with 
chapter 209.  Chapter 209 applies to hospital district elections.
    Sec. 27.  Minnesota Statutes 1990, section 447.32, 
subdivision 4, is amended to read: 
    Subd. 4.  [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A 
person who wants to be a candidate for the hospital board shall 
file an application to be placed on the ballot as a candidate 
affidavit of candidacy for the election either as member at 
large or as a member representing the city or town where the 
candidate resides.  The application affidavit of candidacy must 
be filed with the city or town clerk not more than 60 or less 
than 45 days ten weeks nor less than eight weeks before the 
election.  Applications The city or town clerk must be forwarded 
immediately forward the affidavits of candidacy to the clerk of 
the hospital district or, for the first election, the clerk of 
the most populous city or town immediately after the last day of 
the filing period.  A candidate may withdraw from the election 
by filing an affidavit of withdrawal with the clerk of the 
district no later than 12:00 p.m. on the day after the last day 
to file affidavits of candidacy. 
    Voting must be by secret ballot.  The clerk shall prepare, 
at the expense of the district, necessary ballots for the 
election of officers.  Ballots must contain the names of the 
proposed candidates for each office, the length of the term of 
each office, and an additional blank space for the insertion of 
another name by the voter.  The ballots must be marked and 
initialed by at least two judges as official ballots and used 
exclusively at the election.  Any proposition to be voted on may 
be printed on the ballot provided for the election of officers 
or on a different ballot.  The hospital board may also authorize 
the use of voting machines subject to chapter 206.  Enough 
election judges may be appointed to receive the votes at each 
polling place.  They may be paid by the district at a rate set 
by the board.  The election judges shall act as clerks of 
election, count the ballots cast, and submit them to the board 
for canvass.  
    After canvassing the election, the board shall issue a 
certificate of election to the candidate who received the 
largest number of votes cast for each office.  The clerk shall 
deliver the certificate to the person entitled to it in person 
or by certified mail.  Each person certified shall file an 
acceptance and oath of office in writing with the clerk within 
30 days after the date of delivery or mailing of the 
certificate.  The board may fill any office as provided in 
subdivision 1 if the person elected fails to qualify within 30 
days, but qualification is effective if made before the board 
acts to fill the vacancy. 
    Sec. 28.  [EFFECTIVE DATE.] 
    Sections 19 and 20 are effective the day following final 
enactment and apply to all ordinances passed within 180 days 
prior to the day following final enactment. 
    Presented to the governor May 24, 1991 
    Signed by the governor May 28, 1991, 9:31 a.m.