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Office of the Revisor of Statutes

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

  
    Laws of Minnesota 1993 

                        CHAPTER 208-H.F.No. 299 
           An act relating to elections; changing requirements 
          and procedures for maintaining precinct boundary data; 
          appropriating money; amending Minnesota Statutes 1992, 
          sections 204B.14, subdivisions 5 and 6; and 204B.146. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 204B.14, 
subdivision 5, is amended to read: 
    Subd. 5.  [PRECINCT BOUNDARIES; DESCRIPTION; MAPS.] Each 
municipal clerk shall prepare and file with the county auditor 
of each county in which the municipality is located, with the 
secretary of state and with the state planning commissioner maps 
showing the correct boundaries of each election precinct in the 
municipality.  At least 30 days before any change in an election 
precinct or in a corporate boundary becomes effective, the 
municipal clerk shall prepare maps showing the new boundaries of 
the precincts and shall forward copies of these maps to the 
secretary of state, the appropriate county auditors and the 
state planning commissioner.  When a precinct boundary has been 
changed, the municipal clerk shall immediately notify the 
secretary of state.  Upon receipt of this notice or a notice of 
annexation from the Minnesota municipal board, the secretary of 
state shall provide the municipal clerk with a base map on which 
the clerk shall note the boundary change.  The clerk shall 
return the corrected base map to the secretary of state within 
30 days after the boundary change was made.  The secretary of 
state shall update the precinct boundary data base, prepare a 
corrected precinct map, and provide the corrected precinct map 
to the county auditor and the municipal clerk shall retain 
copies of the precinct maps who shall make them available for 
public inspection.  The county auditor shall prepare and file 
precinct boundary maps for precincts in unorganized territories, 
and the municipal clerk designated in the combination agreement 
shall prepare and file precinct boundary maps in the case of 
municipalities combined for election purposes under subdivision 
8, in the same manner as provided for precincts in 
municipalities.  For every election held in the municipality the 
election judges shall be furnished precinct maps as provided in 
section 201.061, subdivision 6.  If a municipality changes the 
boundary of an election precinct, the county auditor shall 
notify each school district with territory affected by the 
boundary change at least 30 days before the effective date of 
the change.  
    Sec. 2.  Minnesota Statutes 1992, 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.  
    If the secretary of state determines that a precinct 
boundary does not comply with this subdivision, the secretary of 
state shall send a notice to the county auditor or municipal 
clerk specifying the action needed to correct the precinct 
boundary.  If, after 60 days, the county or municipal governing 
body has not taken action to correct the precinct boundary, the 
secretary of state shall correct the precinct boundary and 
notify the county auditor or municipal clerk of the action taken.
    If a visible, clearly recognizable physical feature is not 
available for use as a precinct boundary, an alternate boundary 
used by the United States Bureau of the Census may be authorized 
by the secretary of state. 
    Sec. 3.  Minnesota Statutes 1992, section 204B.146, is 
amended to read: 
    204B.146 [DUTIES OF SECRETARY OF STATE.] 
    Subdivision 1.  [REDISTRICTING.] 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.  
    Subd. 2.  [PRECINCT AND ELECTION DISTRICT BOUNDARIES.] The 
secretary of state shall maintain a computer data base of 
precinct and election district boundaries.  The secretary of 
state shall revise the information in the data base whenever a 
precinct or election district boundary is changed.  The 
secretary of state shall prepare maps illustrating precinct and 
election district boundaries in either paper or electronic 
formats and make them available to the public at the cost of 
production. 
    The secretary of state may authorize municipalities and 
counties to provide updated precinct and election district 
boundary information in electronic formats. 
    The secretary of state shall provide periodic updates of 
precinct and election district boundaries to the legislative 
coordinating commission, the state demographer, and the land 
management information center. 
    Sec. 4.  [APPROPRIATION.] 
    $65,000 is appropriated from the general fund to the 
secretary of state to implement sections 1 to 3.  $54,000 is for 
fiscal year 1994 and $11,000 is for fiscal year 1995. 
    Presented to the governor May 12, 1993 
    Signed by the governor May 14, 1993, 10:02 p.m.