Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 349-H.F.No. 635 
 [At the time of publication, the question of whether this 
chapter is law was under consideration by Minnesota courts.] 
           An act relating to elections; authorizing a mail levy 
          referendum; authorizing certain experimental 
          procedures; setting certain redistricting goals and 
          deadlines; authorizing certain actions by voters; 
          limiting certain special elections; setting times and 
          procedures for certain boundary changes; imposing 
          duties on the secretary of state; changing 
          requirements for polling places; appropriating money; 
          amending Minnesota Statutes 1990, sections 10A.01, 
          subdivisions 10 and 10c; 10A.02, subdivisions 5, 8, 9, 
          10, 12, and 13; 10A.065, subdivisions 1 and 5; 10A.20, 
          subdivisions 3 and 5; 10A.25, subdivisions 5, 7, and 
          10; 10A.255, subdivision 3; 10A.27, subdivision 1; 
          10A.30, subdivision 2; 10A.31, subdivisions 3 and 10; 
          10A.324, subdivision 3; 10A.43, subdivisions 1, 3, and 
          4; 10A.44, subdivisions 1, 4, and 6; 201.091, 
          subdivision 4; 202A.14, subdivision 1; 204B.135; 
          204B.14, subdivisions 3, 4, and 6, and by adding a 
          subdivision; 204B.16, subdivisions 1 and 2; 205.84, 
          subdivision 2; 205A.12, subdivision 6; and 375.025, 
          subdivisions 2 and 4; proposing coding for new law in 
          Minnesota Statutes, chapter 204B. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 10A.01, 
subdivision 10, is amended to read: 
    Subd. 10.  [CAMPAIGN EXPENDITURE.] "Campaign expenditure" 
or "expenditure" means a purchase or payment of money or 
anything of value, or an advance of credit, made or incurred for 
the purpose of influencing the nomination or election of a 
candidate or for the purpose of promoting or defeating a ballot 
question. 
    An expenditure is considered to be made in the year in 
which the goods or services for which it was made are used or 
consumed candidate made the purchase of goods or services or 
incurred an obligation to pay for goods or services. 
    An expenditure made for the purpose of defeating a 
candidate is considered made for the purpose of influencing the 
nomination or election of that candidate or any opponent of that 
candidate. 
    Except as provided in clause (a), expenditure includes the 
dollar value of a donation in kind. 
    Expenditure does not include: 
    (a) Noncampaign disbursements as defined in subdivision 
10c; 
    (b) Transfers as defined in subdivision 7a; 
    (c) Services provided without compensation by an individual 
volunteering personal time on behalf of a candidate, ballot 
question, political committee, or political fund; or 
    (d) The publishing or broadcasting of news items or 
editorial comments by the news media. 
    Sec. 2.  Minnesota Statutes 1990, section 10A.01, 
subdivision 10c, is amended to read: 
    Subd. 10c.  [NONCAMPAIGN DISBURSEMENT.] "Noncampaign 
disbursement" means a purchase or payment of money or anything 
of value made, or an advance of credit incurred, by a political 
committee, political fund, or principal campaign committee for 
any purpose other than to influence the nomination or election 
of a candidate or to promote or defeat a ballot question.  
    Noncampaign disbursement includes: 
    (a) Payment for accounting and legal services; 
    (b) Return of a contribution to the source; 
    (c) Repayment of a loan made to the political committee, 
political fund, or principal campaign committee by that 
committee or fund; 
    (d) Return of money from the state elections campaign fund; 
    (e) Payment for food, beverages, entertainment, and 
facility rental for a fundraising event; 
    (f) Services for a constituent by a member of the 
legislature or a constitutional officer in the executive branch, 
performed from the beginning of the term of office to 60 days 
after adjournment sine die of the legislature in the election 
year for the office held; and 
    (g) A donation in kind given to the political committee, 
political fund, or principal campaign committee for purposes 
listed in clauses (e) and (f).  The board shall determine 
whether an activity involves a noncampaign disbursement within 
the meaning of this subdivision; and 
    (h) Payment for food and beverages provided to campaign 
volunteers while they are engaged in campaign activities. 
    Sec. 3.  Minnesota Statutes 1990, section 10A.02, 
subdivision 5, is amended to read: 
    Subd. 5.  The board shall appoint an executive director who 
shall be in the unclassified service.  The board may also employ 
and prescribe the duties of other permanent or temporary 
employees in the unclassified service as may be necessary to 
administer sections 10A.01 to 10A.34 this chapter, subject to 
appropriation.  The executive director and all other employees 
shall serve at the pleasure of the board. Expenses of the board 
shall be approved by the chair or such other member as the rules 
of the board may provide and the expenses shall then be paid in 
the same manner as other state expenses are paid. 
    Sec. 4.  Minnesota Statutes 1990, 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 this chapter 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 this 
chapter; 
    (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. 5.  Minnesota Statutes 1990, section 10A.02, 
subdivision 9, is amended to read: 
    Subd. 9.  [DOCUMENTS; INFORMATION.] The executive director 
of the board or the director's staff shall inspect all material 
filed with the board as promptly as is necessary to comply with 
the provisions of sections 10A.01 to 10A.34 this chapter, and 
other provisions of law requiring the filing of a document with 
the board.  The executive director shall immediately notify the 
individual required to file a document with the board if a 
written complaint is filed with the board by any registered 
voter alleging, or it otherwise appears, that a document filed 
with the board is inaccurate or does not comply with the 
provisions of sections 10A.01 to 10A.34 this chapter, or that 
the individual has failed to file a document required 
by sections 10A.01 to 10A.34 this chapter.  The executive 
director and staff may provide an individual required to file a 
document under this chapter with factual information concerning 
the limitations on corporate campaign contributions imposed by 
section 211B.15. 
     Sec. 6.  Minnesota Statutes 1990, section 10A.02, 
subdivision 10, is amended to read: 
    Subd. 10.  The board may make audits and investigations 
with respect to statements and reports which are filed or which 
should have been filed under the provisions of sections 10A.01 
to 10A.34 this chapter.  In all matters relating to its official 
duties, the board shall have the power to issue subpoenas and 
cause them to be served.  If a person does not comply with a 
subpoena, the board may apply to the district court of Ramsey 
county for issuance of an order compelling obedience to the 
subpoena.  A person failing to obey the order is punishable by 
the court as for contempt. 
    Sec. 7.  Minnesota Statutes 1990, section 10A.02, 
subdivision 12, is amended to read: 
    Subd. 12.  The board may issue and publish advisory 
opinions on the requirements of sections 10A.01 to 10A.34 this 
chapter based upon real or hypothetical situations.  An 
application for an advisory opinion may be made only by an 
individual or association who wishes to use the opinion to guide 
the individual's or the association's own conduct.  The board 
shall issue written opinions on all such questions submitted to 
it within 30 days after receipt of written application, unless a 
majority of the board agrees to extend the time limit.  An 
advisory opinion shall lapse the day the regular session of the 
legislature adjourns in the second year following the date of 
the opinion. 
    Sec. 8.  Minnesota Statutes 1990, section 10A.02, 
subdivision 13, is amended to read: 
    Subd. 13.  The provisions of chapter 14 apply to the 
board.  The board may promulgate adopt rules to carry out the 
purposes of sections 10A.01 to 10A.34 this chapter. 
     Sec. 9.  Minnesota Statutes 1990, section 10A.065, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REGISTERED LOBBYIST CONTRIBUTIONS; 
LEGISLATIVE SESSION.] A candidate for the legislature or for 
constitutional office, a candidate's principal campaign 
committee, any other political committee with the candidate's 
name or title, or any committee authorized by the candidate, 
shall not solicit or accept a contribution on behalf of the 
candidate's principal campaign committee, any other political 
committee with the candidate's name or title, or any committee 
authorized by the candidate, from a registered lobbyist, 
political committee, or political fund during a regular session 
of the legislature.  
    Sec. 10.  Minnesota Statutes 1990, section 10A.065, 
subdivision 5, is amended to read: 
    Subd. 5.  [POLITICAL COMMITTEE.] This section does not 
apply to a political committee established by a state political 
party; by the party organization within a congressional 
district, county, legislative district, municipality, or 
precinct; by all or part of the party organization within each 
house of the legislature, except for individual members; by a 
candidate for an office other than the legislature a judicial 
office; or to a member of such a political committee acting 
solely on behalf of the committee. 
    Sec. 11.  Minnesota Statutes 1990, section 10A.20, 
subdivision 3, is amended to read: 
    Subd. 3.  [CONTENTS OF REPORT.] Each report under this 
section shall disclose: 
    (a) The amount of liquid assets on hand at the beginning of 
the reporting period; 
    (b) The name, address and employer, or occupation if 
self-employed, of each individual, political committee or 
political fund who within the year has made one or more 
transfers or donations in kind to the political committee or 
political fund, including the purchase of tickets for all fund 
raising efforts, which in aggregate exceed $100 for legislative 
or statewide candidates or ballot questions, together with the 
amount and date of each transfer or donation in kind, and the 
aggregate amount of transfers and donations in kind within the 
year from each source so disclosed.  A donation in kind shall be 
disclosed at its fair market value.  An approved expenditure is 
listed as a donation in kind.  A donation in kind is considered 
consumed in the reporting period in which it is received.  The 
names of contributors shall be listed in alphabetical order; 
    (c) The sum of contributions to the political committee or 
political fund during the reporting period; 
    (d) Each loan made or received by the political committee 
or political fund within the year in aggregate in excess of 
$100, continuously reported until repaid or forgiven, together 
with the name, address, occupation and the principal place of 
business, if any, of the lender and any endorser and the date 
and amount of the loan.  If any loan made to the principal 
campaign committee of a candidate is forgiven at any time or 
repaid by any entity other than that principal campaign 
committee, it shall be reported as a contribution for the year 
in which the loan was made; 
     (e) Each receipt in excess of $100 not otherwise listed 
under clauses (b) to (d); 
     (f) The sum of all receipts of the political committee or 
political fund during the reporting period; 
     (g) The name and address of each individual or association 
to whom aggregate expenditures, including approved expenditures, 
have been made by or on behalf of the political committee or 
political fund within the year in excess of $100, together with 
the amount, date and purpose of each expenditure and the name 
and address of, and office sought by, each candidate on whose 
behalf the expenditure was made, identification of the ballot 
question which the expenditure is intended to promote or defeat, 
and in the case of independent expenditures made in opposition 
to a candidate, the name, address and office sought for each 
such candidate; 
     (h) The sum of all expenditures made by or on behalf of the 
political committee or political fund during the reporting 
period; 
     (i) The amount and nature of any advance of credit incurred 
by the political committee or political fund, continuously 
reported until paid or forgiven.  If any advance of credit 
incurred by the principal campaign committee of a candidate is 
forgiven at any time by the creditor or paid by any entity other 
than that principal campaign committee, it shall be reported as 
a donation in kind for the year in which the advance of credit 
was incurred; 
    (j) The name and address of each political committee, 
political fund, or principal campaign committee to which 
aggregate transfers in excess of $100 have been made within the 
year, together with the amount and date of each transfer; 
    (k) The sum of all transfers made by the political 
committee, political fund, or principal campaign committee 
during the reporting period; and 
    (l) Except for contributions to a candidate or committee 
for a candidate for office in a municipality as defined in 
section 471.345, subdivision 1, the name and address of each 
individual or association to whom aggregate noncampaign 
disbursements in excess of $100 have been made within the year 
by or on behalf of a principal campaign committee, political 
committee, or political fund, together with the amount, date, 
and purpose of each noncampaign disbursement; and 
    (m) The sum of all noncampaign disbursements made within 
the year by or on behalf of a principal campaign committee, 
political committee, or political fund. 
    Sec. 12.  Minnesota Statutes 1990, section 10A.20, 
subdivision 5, is amended to read: 
    Subd. 5.  [PREELECTION REPORTS.] In any statewide election 
any loan, contribution, or contributions from any one source 
totaling $2,000 or more, or in any legislative election totaling 
more than $400, received between the last day covered in the 
last report prior to an election and the election shall be 
reported to the board in one of the following ways: 
    (1) in person within 48 hours after its receipt; 
    (2) by telegram or mailgram within 48 hours after its 
receipt; or 
    (3) by certified mail sent within 48 hours after its 
receipt. 
    These loans and contributions must also be reported in the 
next required report. 
    The 48-hour notice requirement does not apply with respect 
to a primary if the statewide or legislative candidate is 
unopposed in that primary. 
     Sec. 13.  Minnesota Statutes 1990, section 10A.25, 
subdivision 5, is amended to read: 
    Subd. 5.  [PRIMARY RACES.] Notwithstanding the limits 
imposed by subdivision 2, the winning candidate in a contested 
race in a primary who receives less received fewer than twice as 
many votes as any one of the candidate's opponents in that 
primary may make aggregate expenditures and approved 
expenditures equal to 120 percent of the applicable amount as 
set forth in subdivision 2, as adjusted by section 10A.255.  A 
candidate in a contested primary race may not, under this 
subdivision, make aggregate expenditures and approved 
expenditures of more than 100 percent of the expenditure limits 
imposed by subdivision 2 until after the primary. 
    Sec. 14.  Minnesota Statutes 1990, section 10A.25, 
subdivision 7, is amended to read: 
    Subd. 7.  On or before December 31 of each nonelection year 
the board shall determine and publish in the State Register the 
expenditure limits for each office for the next calendar year as 
prescribed by subdivision 2. 
    Sec. 15.  Minnesota Statutes 1990, section 10A.25, 
subdivision 10, is amended to read: 
    Subd. 10.  [EFFECT OF OPPONENT'S AGREEMENT.] (a) The 
expenditure limits imposed by this section apply only to 
candidates whose major political party opponents agree to be 
bound by the limits and who themselves agree to be bound by the 
limits as a condition of receiving a public subsidy for their 
campaigns in the form of an allocation of money from the state 
elections campaign fund.  
     (b) A candidate of a major political party who agrees to be 
bound by the limits and receives a public subsidy, who has an 
opponent who:  (1) is a candidate of a major political party; 
and (2) does not agree to be bound by the limits but is 
otherwise eligible to receive a public subsidy,: 
    (i) is no longer bound by the limits, including those in 
section 10A.324, subdivision 1, paragraph (c), but; and 
    (ii) is still eligible to receive a public subsidy. 
    For purposes of this subdivision, "otherwise eligible to 
receive a public subsidy" means that a candidate meets the 
requirements of sections 10A.31, 10A.315, 10A.321, and 10A.322, 
but does not mean that the candidate has filed an affidavit of 
matching funds under section 10A.323. 
    Sec. 16.  Minnesota Statutes 1990, section 10A.255, 
subdivision 3, is amended to read: 
    Subd. 3.  [PUBLICATION OF EXPENDITURE LIMIT.] By June 15 of 
each election year the board shall publish in the State Register 
the expenditure limit for each office for that calendar year 
under section 10A.25 as adjusted by this section. 
    Sec. 17.  Minnesota Statutes 1990, section 10A.27, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONTRIBUTION LIMITS.] Except as provided 
in subdivisions 2 and 6, no candidate shall permit the 
candidate's principal campaign committee to accept contributions 
from any individual, political committee, or political fund in 
excess of the following: 
    (a) To candidates for governor and lieutenant governor 
running together, $60,000 $20,000 in an election year for the 
office sought and $12,000 $3,000 in other years; 
    (b) To a candidate for attorney general, $10,000 in an 
election year for the office sought and $2,000 in other years; 
    (c) To a candidate for the office of secretary of state, 
state treasurer or state auditor, $5,000 in an election year for 
the office sought and $1,000 in other years; 
    (d) To a candidate for state senator, $1,500 in an election 
year for the office sought and one-third of that amount in other 
years; and 
    (e) To a candidate for state representative, $750 in an 
election year for the office sought and one-third of that amount 
in the other year. 
    Sec. 18.  Minnesota Statutes 1990, section 10A.30, 
subdivision 2, is amended to read: 
    Subd. 2.  [SEPARATE ACCOUNT.] Within the state elections 
campaign fund account there shall be maintained a separate 
political party account for the state committee and the 
candidates of each political party and a general account. 
    Sec. 19.  Minnesota Statutes 1990, section 10A.31, 
subdivision 3, is amended to read: 
    Subd. 3.  [FORM.] The commissioner of the department of 
revenue shall provide on the first page of the income tax form 
and the renter and homeowner property tax refund return a space 
for the individual to indicate a wish to allocate $5 ($10 if 
filing a joint return) from the general fund of the state to 
finance the election campaigns of state candidates.  The form 
shall also contain language prepared by the commissioner which 
permits the individual to direct the state to allocate the $5 
(or $10 if filing a joint return) to:  (i) one of the major 
political parties; (ii) any minor political party as defined in 
section 10A.01, subdivision 13, which qualifies under the 
provisions of subdivision 3a; or (iii) all qualifying candidates 
as provided by subdivision 7.  The renter and homeowner property 
tax refund return shall include instructions that the individual 
filing the return may designate $5 on the return only if the 
individual has not designated $5 on the income tax return. 
    Sec. 20.  Minnesota Statutes 1990, section 10A.31, 
subdivision 10, is amended to read: 
    Subd. 10.  [DISTRIBUTION.] In the event that on the date of 
either certification by the commissioner of revenue as provided 
in subdivisions 6 and 7, less than 98 percent of the tax returns 
have been processed, the commissioner of revenue shall certify 
to the board on December 7 the amount accumulated in each 
account since the previous certification.  Within one week 
thereafter, the board shall certify to the state treasurer the 
amount to be distributed to each candidate according to the 
allocations as provided in subdivision 5.  As soon as 
practicable thereafter, the state treasurer shall distribute the 
amounts to the candidates in the form of checks made "payable to 
the campaign fund of ......(name of candidate)......."  Any 
money accumulated after the final certification shall be 
maintained in the respective accounts for distribution in the 
next general election year. 
    Sec. 21.  Minnesota Statutes 1990, section 10A.324, 
subdivision 3, is amended to read: 
    Subd. 3.  [HOW RETURN DETERMINED.] Whether or not a 
candidate is required under subdivision 1 to return all or a 
portion of the public subsidy received from the state elections 
campaign fund must be determined from the report required to be 
filed with the board by that candidate by January 31 of the year 
following an election.  For purposes of this section, a transfer 
from one principal campaign committee to another principal 
campaign committee or to a political party is considered to be a 
noncampaign disbursement.  Any amount required to be returned 
must be submitted in the form of a check or money order and must 
accompany the report filed with the board.  The board shall 
forward the check or money order to the state treasurer for 
deposit in the general fund.  The amount returned must not 
exceed the amount of public subsidy received by the candidate 
from the state elections campaign fund. 
    Sec. 22.  Minnesota Statutes 1990, section 10A.43, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FINANCIAL INCENTIVE.] (a) The state 
treasurer shall pay a financial incentive to each congressional 
candidate of a major political party or minor political party 
whose name will appear on the ballot in a general or special 
election, who has signed an agreement to limit campaign 
expenditures as provided in this section, and who is abiding by 
the agreement.  In the case of an independent or new political 
party candidate, the congressional candidate must in addition 
receive more than three percent of the vote cast at the general 
election for the office sought.  An incentive is not payable to 
a congressional candidate whose name appears only on the ballot 
in a primary election, but an incentive paid to a candidate in a 
general or special election may be used to pay expenses or 
retire debt incurred in the primary campaign.  The state 
treasurer shall distribute the financial incentive in the form 
of a check made "payable to the campaign fund of ....(name of 
candidate)....." 
    (b) The amount of the incentive is up to 25 percent of the 
expenditure limit for a congressional candidate for the office 
of United States senator and up to 25 percent of the expenditure 
limit for a congressional candidate for the office of 
representative in Congress. 
    Sec. 23.  Minnesota Statutes 1990, section 10A.43, 
subdivision 3, is amended to read: 
    Subd. 3.  [SUBMISSION OF AGREEMENT.] (a) Before the first 
day of filing for office, the board shall forward agreement 
forms to all filing officers.  The board shall also make 
agreement forms available to congressional candidates on request 
at any time. 
    (b) The congressional candidate may sign an agreement and 
submit it, along with a copy of the candidate's federal 
designation of a principal campaign committee, to the filing 
officer on the day of filing an affidavit of candidacy or 
petition to appear on the ballot, in which case the filing 
officer shall without delay forward signed agreements to the 
board.  Alternatively, for a general election the congressional 
candidate may obtain an agreement form from the board and submit 
the agreement, along with a copy of the candidate's federal 
designation of a principal campaign committee, directly to the 
board by at any time before September 1 preceding the general 
election.  
    (c) An agreement may not be signed or rescinded after that 
date September 1 preceding the general election.  
    (d) The board shall forward a copy of any agreement signed 
under this subdivision to the commissioner of revenue. 
    Sec. 24.  Minnesota Statutes 1990, section 10A.43, 
subdivision 4, is amended to read: 
    Subd. 4.  [HOW LONG AGREEMENT IS EFFECTIVE.] The agreement, 
insofar as it relates to the expenditure limits in section 
10A.44, remains effective for congressional candidates until the 
termination of the authorized committees of the congressional 
candidate, as provided under United States Code, title 2, 
section 433(d), or the day filings open for the next succeeding 
election to the office held or sought at the time of 
agreement, or the agreement is rescinded by the candidate within 
the time limits provided by law, whichever occurs first. 
    Sec. 25.  Minnesota Statutes 1990, section 10A.44, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LIMITS.] During the calendar year in which 
an election is held for an office sought by a congressional 
candidate, no expenditures may be made by the authorized 
committees of that congressional candidate that result in an 
aggregate amount in excess of the following: 
    (1) for United States senator, $3,400,000; and 
    (2) for representative in Congress, $425,000. 
    A congressional candidate whose name will appear on the 
ballot in more than one general or special election in a year is 
subject to a separate spending limit for each election.  For a 
candidate for representative in Congress in a special election, 
the expenditure limits apply during the ten months before and 
the two months after the special election.  For purposes of 
calculating aggregate expenditure amounts under this section, an 
expenditure by an authorized committee of a congressional 
candidate does not include an expenditure from an authorized 
committee of a congressional candidate to a state political 
party. 
    Sec. 26.  Minnesota Statutes 1990, section 10A.44, 
subdivision 4, is amended to read: 
    Subd. 4.  [POSTELECTION YEAR EXPENDITURES.] In any year 
preceding or following an election year for the office held or 
sought, the aggregate amount of expenditures on behalf of a 
congressional candidate for or holder of that office must not 
exceed 20 percent of the expenditure limit in subdivisions 1 and 
2. 
    Sec. 27.  Minnesota Statutes 1990, section 10A.44, 
subdivision 6, is amended to read: 
    Subd. 6.  [CERTAIN POSTELECTION COSTS.] After the election, 
a congressional candidate who is not a congressional incumbent 
and has been elected to Congress may spend an amount up to ten 
percent of the limits under subdivision 1 or 2 to defray 
transition costs, unless restricted by federal law.  This money 
may be spent only for the costs of the transition that are 
incurred between the election and the date on which the elected 
candidate begins congressional service and cannot be used to 
retire debts remaining from the primary or general election 
campaign. 
    Sec. 28.  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, year of birth, 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 law enforcement. 
    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. 
    Sec. 29.  Minnesota Statutes 1990, section 202A.14, 
subdivision 1, is amended to read: 
    Subdivision 1.  [TIME AND MANNER OF HOLDING; POSTPONEMENT.] 
At 7:30 p.m. on the fourth first Tuesday in February after the 
first Monday in March in every state general election year there 
shall be held for every election precinct a party caucus in the 
manner provided in sections 202A.14 to 202A.19, except that in 
the event of severe weather a major political party may request 
the secretary of state to postpone caucuses.  If a major 
political party makes a request, or upon the secretary of 
state's own initiative, after consultation with all major 
political parties and on the advice of the federal weather 
bureau and the department of transportation, the secretary of 
state may declare precinct caucuses to be postponed for a week 
in counties where weather makes travel especially dangerous.  
The secretary of state shall submit a notice of the postponement 
to news media covering the affected counties by 6:00 p.m. on the 
scheduled day of the caucus.  A postponed caucus may also be 
postponed pursuant to this subdivision. 
    Sec. 30.  Minnesota Statutes 1990, section 204B.135, is 
amended to read: 
     204B.135 [REDISTRICTING OF ELECTION DISTRICTS.] 
    Subdivision 1.  [CITIES WITH WARDS.] A city that elects its 
council members by wards may not redistrict those wards in a 
year ending in one or before the legislature has been 
redistricted in a year ending in one or two.  The wards must be 
redistricted within 45 60 days after the legislature has been 
redistricted or by May 10 at least 19 weeks before the state 
primary election in the year ending in two, whichever is first. 
    Subd. 2.  [OTHER ELECTION DISTRICTS.] For purposes of this 
subdivision, "local government election district" means a county 
district, park and recreation district, school district, or soil 
and water conservation district.  Local government election 
districts, other than city wards covered by subdivision 1, may 
not be redistricted until precinct boundaries are reestablished 
under section 204B.14, subdivision 3, paragraph (c), or by May 
10 in a year ending in two, whichever comes first.  Election 
districts covered by this subdivision must be redistricted 
within 65 80 days of the time when the legislature has been 
redistricted or by June 1 at least 15 weeks before the state 
primary election in the year ending in two, whichever comes 
first. 
    Subd. 3.  [VOTERS RIGHTS.] (a) An eligible voter may apply 
to the district court for either a writ of mandamus requiring 
the redistricting of wards or local government election 
districts or to revise any plan adopted by the governing body 
responsible for redistricting of wards or local government 
election districts. 
    (b) If a city adopts a ward redistricting plan at least 19 
weeks before the primary in a year ending in two, an application 
for revision of the plan that seeks to affect elections held in 
the year ending in two must be filed with the district court 
within three weeks but no later than 18 weeks before the state 
primary election in the year ending in two, notwithstanding any 
charter provision.  If a city adopts a ward redistricting plan 
less than 19 weeks before the state primary in a year ending in 
two, an application for revision of the plan that seeks to 
affect elections held in the year ending in two must be filed 
with the district court no later than one week after the plan 
has been adopted, notwithstanding any charter provision. 
    (c) If a plan for redistricting of a local government 
election district is adopted at least 15 weeks before the state 
primary election in a year ending in two, an application for 
revision of the plan that seeks to affect elections held in the 
year ending in two must be filed with the district court within 
three weeks but no later than 14 weeks before the state primary 
election in the year ending in two.  If a plan for redistricting 
of a local government election district is adopted less than 15 
weeks before the state primary election in a year ending in two, 
an application for revision of the plan that seeks to affect 
elections held in the year ending in two must be filed with the 
district court no later than one week after the plan has been 
adopted. 
    Subd. 4.  [SPECIAL ELECTIONS; LIMITATIONS.] No municipality 
or school district may conduct a special election during the 19 
weeks before the state primary election in the year ending in 
two, except for special elections conducted on the date of the 
school district general election.  A school district special 
election required by any other law may be deferred until the 
date of the next school district general election, the state 
primary election, or the state general election. 
    Sec. 31.  Minnesota Statutes 1990, section 204B.14, is 
amended by adding a subdivision to read:  
    Subd. 1a.  [LEGISLATIVE POLICY.] It is the intention of the 
legislature to complete congressional and legislative 
redistricting activities in time to permit counties and 
municipalities to begin the process of reestablishing precinct 
boundaries as soon as possible after the adoption of the 
congressional and legislative redistricting plans but in no case 
later than 25 weeks before the state primary election in the 
year ending in two. 
    Sec. 32.  Minnesota Statutes 1990, section 204B.14, 
subdivision 3, is amended to read: 
    Subd. 3.  [BOUNDARY CHANGES; PROHIBITIONS; EXCEPTION.] 
Notwithstanding other law or charter provisions to the contrary, 
during the period from January 1 in any year ending in seven to 
the time when the legislature has been redistricted in a year 
ending in one or two, no changes may be made in the boundaries 
of any election precinct except as provided in this subdivision. 
    (a) If a city annexes an unincorporated area located in the 
same county as the city and adjacent to the corporate boundary, 
the annexed area may be included in an election precinct 
immediately adjacent to it.  
    (b) A municipality or county may establish new election 
precincts lying entirely within the boundaries of any existing 
precinct and shall assign names to the new precincts which 
include the name of the former precinct.  
    (c) Precinct boundaries must be reestablished within 45 60 
days of the time when the legislature has been redistricted, or 
by May 10 at least 19 weeks before the state primary election in 
a year ending in two, whichever comes first.  The adoption of 
reestablished precinct boundaries becomes effective on the date 
of the state primary election in the year ending in two. 
    Precincts must be arranged so that no precinct lies in more 
than one legislative district.  
    Sec. 33.  Minnesota Statutes 1990, section 204B.14, 
subdivision 4, is amended to read: 
    Subd. 4.  [BOUNDARY CHANGE PROCEDURE.] Any change in the 
boundary of an election precinct shall be adopted at least 90 
days before the date of the next election and shall not take 
effect until notice of the change has been posted in the office 
of the municipal clerk or county auditor for at least 60 days.  
Except in the case of the combination or separation of 
municipalities for election purposes under subdivision 8, the 
municipal clerk or county auditor shall notify each affected 
registered voter of the change in election precinct boundaries 
at least 30 14 days prior to the first election held after the 
change takes effect.  
    The county auditor must publish a notice illustrating or 
describing the congressional, legislative, and county 
commissioner district boundaries in the county in one or more 
qualified newspapers in the county at least 14 days prior to the 
first day to file affidavits of candidacy for the state general 
election in the year ending in two. 
    Alternate dates for adopting changes in precinct 
boundaries, posting notices of boundary changes, and notifying 
voters affected by boundary changes pursuant to this subdivision 
may be established in the manner provided in the rules of the 
secretary of state. 
    Sec. 34.  Minnesota Statutes 1990, section 204B.14, 
subdivision 6, is amended to read: 
    Subd. 6.  [PRECINCT BOUNDARIES TO FOLLOW PHYSICAL 
FEATURES.] The boundaries of election precincts shall follow 
visible, clearly recognizable physical features.  If it is not 
possible to establish the boundary between any two adjacent 
precincts along such features, the boundary around the two 
precincts combined shall be established in the manner provided 
in the rules of the secretary of state to comply with the 
provisions of this subdivision.  The maps required by 
subdivision 5 shall clearly indicate which boundaries do not 
follow visible, clearly recognizable physical features.  
    For the purposes of this subdivision, "visible, clearly 
recognizable physical feature" means a street, road, boulevard, 
parkway, river, stream, shoreline, drainage ditch, railway 
right-of-way, or any other line which is clearly visible from 
the ground.  A street or other roadway which has been platted 
but not graded is not a visible, clearly recognizable physical 
feature for the purposes of this subdivision.  
    Sec. 35.  [204B.146] [DUTIES OF SECRETARY OF STATE.] 
    The secretary of state shall conduct conferences with the 
county auditors, municipal clerks, and school district clerks to 
instruct them on the procedures for redistricting of election 
districts and establishment of election precincts in the year 
ending in one.  
    Sec. 36.  Minnesota Statutes 1990, section 204B.16, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORITY; LOCATION.] The governing body 
of each municipality and of each county with precincts in 
unorganized territory shall designate by ordinance or resolution 
a polling place for each election precinct.  Polling places must 
be designated and ballots must be distributed so that no one is 
required to go to more than one polling place to vote in a 
school district and municipal election held on the same day.  
The polling place for a precinct in a municipality city or in a 
school district located in whole or in part in the metropolitan 
area defined by section 473.121 shall be located within the 
boundaries of the precinct or within 1,500 3,000 feet of one of 
those boundaries unless a single polling place is designated for 
a city pursuant to subdivision 2 or a school district pursuant 
to section 205A.11.  The polling place for a precinct may be 
located up to 3,000 feet outside one of the boundaries of the 
precinct if necessary to locate a polling place that is 
accessible to and usable by elderly and handicapped individuals 
as required in subdivision 5.  The polling place for a precinct 
in unorganized territory may be located outside the precinct at 
a place which is convenient to the voters of the precinct.  If 
no suitable place is available within the a town or within a 
school district located outside the metropolitan area defined by 
section 473.121, then the polling place for a town or school 
district may be located outside the town or school district 
within five miles of one of the boundaries of the town or school 
district. 
    Sec. 37.  Minnesota Statutes 1990, section 204B.16, 
subdivision 2, is amended to read: 
    Subd. 2.  [SINGLE POLLING PLACE PERMITTED.] The governing 
body of any city of the third or fourth class having more than 
one precinct or of any city with territory in more than one 
county may by ordinance or resolution designate a single, 
accessible, centrally located polling place where all the voters 
of the city shall cast their ballots.  A single polling place 
may also be established for two precincts combined in the manner 
provided in section 204B.14, subdivision 6.  A single board of 
election judges may be appointed to serve at this polling 
place.  The number of election judges appointed shall be 
determined by considering the number of voters in the entire 
city as if they were voters in a single precinct.  Separate 
ballot boxes shall be provided and separate returns made for 
each precinct in the city.  
    Sec. 38.  Minnesota Statutes 1990, section 205.84, 
subdivision 2, is amended to read: 
    Subd. 2.  [REDEFINING WARD BOUNDARIES.] The governing body 
of the city may by ordinance redefine ward boundaries after a 
municipal general election.  The council shall hold a public 
hearing on the proposed ordinance before its adoption.  One 
week's published notice of the hearing shall be given.  Within 
six months After the official certification of each the federal 
decennial or special census, the governing body of the city 
shall either confirm the existing ward boundaries as conforming 
to the standards of subdivision 1 or redefine ward boundaries to 
conform to those standards as provided in section 204B.135, 
subdivision 1.  If the governing body of the city fails to take 
either action within the time required, no further compensation 
shall be paid to the mayor or council member until the wards of 
the city are either reconfirmed or redefined as required by this 
section.  An ordinance establishing new ward boundaries shall 
apply to the first election held at least six months after 
pursuant to section 204B.135, subdivision 1, becomes effective 
on the date of the state primary election in the year ending in 
two.  Ward boundaries established at other times become 
effective 90 days after the adoption of the ordinance.  
    Sec. 39.  Minnesota Statutes 1990, section 205A.12, 
subdivision 6, is amended to read: 
    Subd. 6.  [REDEFINING ELECTION DISTRICT BOUNDARIES.] The 
school board may by resolution redefine district boundaries 
after a school district general election.  The board shall hold 
a public hearing on the proposed resolution before its 
adoption.  One week's published notice of the hearing must be 
given.  Within six months After the official certification of 
each the federal decennial or special census, the school board 
shall either confirm the existing election district boundaries 
as conforming to the standards of subdivision 4 or redefine 
election district boundaries to conform to those standards as 
provided in section 204B.135, subdivision 2.  If the school 
board fails to take either action within the time required, no 
further compensation may be paid to the school board members 
until the districts are either reconfirmed or redefined as 
required by this section.  A resolution establishing original or 
new election district boundaries apply to the first election 
held at least six months after pursuant to section 204B.135, 
subdivision 2, becomes effective on the date of the state 
primary election in the year ending in two.  Election district 
boundaries established at other times become effective 90 days 
after the adoption of the resolution. 
    Sec. 40.  Minnesota Statutes 1990, section 375.025, 
subdivision 2, is amended to read: 
    Subd. 2.  [VOTERS RIGHTS.] Any qualified voter may apply to 
the district court of the county for a writ of mandamus (a) 
requiring the county to be redistricted if the county board has 
not redistricted the county within the time specified in 
subdivision 1, or (b) to revise any arbitrary action or abuse of 
discretion by the county board in redistricting the county the 
redistricting plan.  Any application for revision of a 
redistricting plan filed with the county auditor more than 15 
weeks before the state primary in a year ending in two that 
seeks to affect elections held in a year ending in two must be 
filed with the district court within three weeks but no later 
than 14 weeks before the state primary in the year ending in 
two.  If a plan for redistricting a county is filed less than 14 
weeks before the state primary in a year ending in two, any 
application for revision of the plan that seeks to affect an 
election in the year ending in two shall be filed with the 
district court within 30 days after the filing of the 
redistricting plan with within one week after the plan has been 
filed with the county auditor.  The district court may direct 
the county board to show cause why it has not redistricted the 
county or why the redistricting plan prepared by it should not 
be revised.  On hearing the matter it may allow the county board 
additional time in which to redistrict the county or to correct 
errors in the redistricting plan.  If it appears to the court 
that the county board has not been sufficiently diligent in 
performing its redistricting duties, the court may appoint a 
redistricting commission to redistrict the county in accordance 
with the standards set forth in subdivision 1 and any other 
conditions the court shall deem advisable and appropriate.  If a 
redistricting commission is appointed, the county board shall be 
without authority to redistrict the county. 
    Sec. 41.  Minnesota Statutes 1990, section 375.025, 
subdivision 4, is amended to read: 
    Subd. 4.  [REDISTRICTING PLAN; ELECTION FOLLOWING 
REDISTRICTING.] A redistricting plan whether prepared by the 
county board or the redistricting commission shall be filed in 
the office of the county auditor.  A redistricting plan shall be 
effective on the 31st day after filing unless a later effective 
date is specified but no plan shall be effective for the next 
election of county commissioners unless the plan is filed with 
the county auditor not less than 30 days before the first date 
candidates may file for the office of county commissioner.  One 
commissioner shall be elected in each district who, at the time 
of the election, is a resident of the district.  A person 
elected may hold the office only while remaining a resident of 
the commissioner district.  The county board or the 
redistricting commission shall determine the number of members 
of the county board who shall be elected for two-year terms and 
for four-year terms to provide staggered terms on the county 
board.  Thereafter, all commissioners shall be elected for four 
years.  When a county is redistricted, there shall be a new 
election of commissioners in all the districts at the next 
general election except that if the change made in the 
boundaries of a district is less than ten five percent of the 
average of all districts of the county, the commissioner in 
office at the time of the redistricting shall serve for the full 
period for which elected.  
    Sec. 42.  [APPROPRIATION.] 
    $14,000 is appropriated from the general fund to the 
secretary of state to implement and administer sections 1 to 15. 
This appropriation is available for the biennium ending June 30, 
1993. 
     Sec. 43.  [EFFECTIVE DATE.] 
    Section 1 is effective retroactively to August 8, 1985.  
Section 21 is effective retroactively to May 6, 1990. 
    Presented to the governor May 31, 1991 
    Filed with the secretary of state June 10, 1991