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Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1991 

                        CHAPTER 237-H.F.No. 398 
           An act relating to elections; providing for high 
          school students 16 years old or more to act as 
          election judges; clarifying the right to take time off 
          from work without penalty to serve as an election 
          judge; permitting students in polling places for 
          educational purposes; amending Minnesota Statutes 
          1990, sections 204B.19, subdivision 1, and by adding a 
          subdivision; 204B.195; 204B.27, by adding a 
          subdivision; 204C.06, subdivision 2; and 204D.165.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 204B.19, 
subdivision 1, is amended to read: 
    Subdivision 1.  [INDIVIDUALS QUALIFIED TO BE ELECTION 
JUDGES.] Except as provided in section 2, any individual who is 
eligible to vote in an election precinct is qualified to be 
appointed as an election judge for that precinct subject to this 
section.  If the files of the appointing authority do not 
contain sufficient voters within a precinct who are qualified 
and willing to serve as election judges, election judges may be 
appointed who reside in another precinct in the same 
municipality, or for school district elections, in the same 
school district.  If there are not sufficient voters within the 
municipality or school district who are qualified and willing to 
serve as election judges, election judges may be appointed who 
reside in the county where the precinct is located.  
    Sec. 2.  Minnesota Statutes 1990, section 204B.19, is 
amended by adding a subdivision to read: 
    Subd. 6.  [HIGH SCHOOL STUDENTS.] Notwithstanding any other 
requirements of this section, a student enrolled in a high 
school in Minnesota who has attained the age of 16 is eligible 
to be appointed as a without party affiliation trainee election 
judge in the municipality in which the student resides.  The 
student must meet qualifications for trainee election judges 
specified in rules of the secretary of state.  A student 
appointed as a trainee election judge may be excused from school 
attendance during the hours that the student is serving as a 
trainee election judge if the student submits a written request 
signed and approved by the student's parent or guardian to be 
absent from school and a certificate from the appointing 
authority stating the hours during which the student will serve 
as a trainee election judge to the principal of the school at 
least ten days prior to the election.  Students shall not serve 
as trainee election judges after 10:00 p.m.  Notwithstanding 
section 177.24 to the contrary, trainee election judges may be 
paid not less than two-thirds of the minimum wage for a large 
employer.  The principal of the school may approve a request to 
be absent from school conditioned on acceptable academic 
performance and the requirement that the student must have 
completed or be enrolled in a course of study in government at 
the time of service as a trainee election judge.  
    Sec. 3.  Minnesota Statutes 1990, section 204B.195, is 
amended to read: 
    204B.195 [TIME OFF FROM WORK TO SERVE AS ELECTION JUDGE.] 
    An individual who is selected to serve as an election judge 
pursuant to section 204B.21, subdivision 2 may, after giving an 
employer at least ten 20 days' written notice, be absent from a 
place of work for the purpose of serving as an election 
judge without penalty.  An employer may not penalize an employee 
for that absence other than a deduction in salary for reduce the 
salary or wages of an employee serving as an election judge by 
the amount paid to the election judge by the appointing 
authority during the time the employee was absent from the place 
of employment.  
     The written request to be absent from work must be 
accompanied by a certification from the appointing authority 
stating the hourly compensation to be paid the employee for 
service as an election judge and the hours during which the 
employee will serve.  An employer may restrict the number of 
persons to be absent from work for the purpose of serving as an 
election judge to no more than 20 percent of the total workforce 
at any single worksite. 
     Sec. 4.  Minnesota Statutes 1990, section 204B.27, is 
amended by adding a subdivision to read: 
    Subd. 7.  [EDUCATIONAL ACTIVITIES.] The secretary of state 
may authorize educational activities related to voting and 
elections for elementary or secondary school students in the 
polling place on the day of a state, county, municipal, or 
school district election.  Ballots used for educational 
activities must be a different color than any ballot used at the 
election.  Activities authorized under this subdivision must be 
administered in a manner that does not interfere with the 
conduct of the election. 
    Sec. 5.  Minnesota Statutes 1990, section 204C.06, 
subdivision 2, is amended to read: 
    Subd. 2.  [INDIVIDUALS ALLOWED IN POLLING PLACE.] (a) 
Representatives of the secretary of state's office, the county 
auditor's office, and the municipal or school district clerk's 
office may be present at the polling place to observe election 
procedures.  Except for these representatives, election judges, 
sergeants-at-arms, and challengers, an individual may remain 
inside the polling place during voting hours only while voting 
or registering to vote, providing proof of residence for an 
individual who is registering to vote, or assisting a 
handicapped voter or a voter who is unable to read English.  
During voting hours no one except individuals receiving, 
marking, or depositing ballots shall approach within six feet of 
a voting booth, unless lawfully authorized to do so by an 
election judge.  
    (b) Teachers and elementary or secondary school students 
participating in an educational activity authorized by section 4 
may be present at the polling place during voting hours. 
    Sec. 6.  Minnesota Statutes 1990, section 204D.165, is 
amended to read: 
    204D.165 [SAMPLE BALLOTS TO SCHOOLS.] 
    Notwithstanding any contrary provisions in section 204D.09 
or 204D.16, the county auditor, two weeks before the applicable 
primary or general election, shall provide one copy of the 
sample partisan primary, nonpartisan primary, canary, white, or 
pink ballot to a school district upon request.  The school 
district may have the sample ballots reproduced at its expense 
for classroom educational purposes and for educational 
activities authorized under section 4. 
     Sec. 7.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective the day following final 
enactment. 
    Presented to the governor May 24, 1991 
    Signed by the governor May 28, 1991, 9:44 a.m.