language to be deleted (2) new language
CHAPTER 607-S.F.No. 2297 An act relating to elections; eliminating combined precincts but authorizing a combined polling place under the same conditions; adding three years to the time precinct boundaries may be changed; requiring separate precincts for each congressional district; limiting precinct boundary changes close to an election; amending Minnesota Statutes 1992, sections 204B.14, subdivisions 2 and 3; 204B.22, subdivision 1; and 205A.11; Minnesota Statutes 1993 Supplement, section 204B.14, subdivisions 4 and 5; repealing Minnesota Statutes 1992, sections 204B.14, subdivision 8; and 204B.16, subdivision 2. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1992, section 204B.14, subdivision 2, is amended to read: Subd. 2. [SEPARATE PRECINCTS;
REQUIREMENTSCOMBINED POLLING PLACE.] (a) The following shall constitute at least one election precinct: (a)(1) each city ward; and (b)(2) each town and each statutory city , unless municipalities are combined for election purposes under subdivision 8. Notwithstanding any law to the contrary, each town and each statutory city located within the metropolitan area as defined in section 473.121, subdivision 2, shall constitute at least one election precinct. (b) A single, accessible, combined polling place may be established no later than June 1 of any year: (1) for any city of the third or fourth class, any town, or any city having territory in more than one county, in which all the voters of the city or town shall cast their ballots; (2) for two contiguous precincts in the same municipality that have a combined total of fewer than 500 registered voters; or (3) for up to four contiguous municipalities located entirely outside the metropolitan area, as defined by section 473.121, subdivision 2, that are contained in the same congressional, legislative, and county commissioner district. A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body. A polling place combined under clause (3) must be approved by the governing body of each participating municipality. A municipality withdrawing from participation in a combined polling place must do so by filing a resolution of withdrawal with the county auditor no later than May 1 of any year. The secretary of state shall provide a separate polling place roster for each precinct served by the combined polling place. A single set of election judges may be appointed to serve at a combined polling place. The number of election judges required must be based on the total number of persons voting at the last similar election in all precincts to be voting at the combined polling place. Separate ballot boxes must be provided for the ballots from each precinct. The results of the election must be reported separately for each precinct served by the combined polling place, except in a polling place established under clause (2) where one of the precincts has fewer than ten registered voters, in which case the results of that precinct must be reported in the manner specified by the secretary of state. Sec. 2. Minnesota Statutes 1992, 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 sevenzero 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 60 days of the time when the legislature has been redistricted, or 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 or congressional district. Sec. 3. Minnesota Statutes 1993 Supplement, 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, for the state primary and general election, no later than June 1 in the year of the state general election. The precinct boundary change 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. 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. 4. Minnesota Statutes 1993 Supplement, section 204B.14, subdivision 5, is amended to read: Subd. 5. [PRECINCT BOUNDARIES; DESCRIPTION; MAPS.] 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 database, prepare a corrected precinct map, and provide the corrected precinct map to the county auditor and the municipal clerk 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. 5. Minnesota Statutes 1992, section 204B.22, subdivision 1, is amended to read: Subdivision 1. [MINIMUM NUMBER REQUIRED.] A minimum of three election judges shall be appointed for each precinct. In a precinct of municipalitiescombined for election purposespolling place under section 204B.14, subdivision 82, at least one judge must be appointed from each municipality in the combined precinctpolling place, provided that not less than three judges shall be appointed for each combined precinctpolling place. The appointing authorities may appoint election judges for any precinct in addition to the number required by this subdivision including additional election judges to count ballots after voting has ended. Sec. 6. Minnesota Statutes 1992, section 205A.11, is amended to read: 205A.11 [PRECINCTS; POLLING PLACES.] Subdivision 1. [ESTABLISHED PRECINCTS.] The precincts and polling places for school district elections are those precincts or parts of precincts and polling places set in sections 204B.14 to 204B.16, except that at a school district election not held on the day of a statewide election, the school board may, in the manner specified in this section, combine several precincts into a single combined precinct with one polling place and one set of election judges. The school board shall establish combined precincts and polling places for an election by resolution adopted at least 30 days before the election, post a map of the combined precincts, file a copy of the map and resolution with the county auditor, and cause notice of the election to be published in the official newspaper of the district, which notice must include information concerning each established combined precinct and polling place. At school district elections not held on the day of a statewide election, precincts located in separate counties may be combined into a single combined precinct with one polling place and one set of election judges if duplicate voter registration files are maintained for the voters of each county.School district elections must be conducted in the precincts, or when the school district boundary divides a precinct, parts of precincts that have been established by the county or municipal governing bodies as provided in section 204B.14. If an election other than the school district election is being held in any part of a precinct, all the voters of the precinct must vote at the polling place designated for the precinct as provided in section 204B.14. Subd. 2. [COMBINED POLLING PLACE.] If there is an election being conducted in some but not all of the precincts in the school district, for those precincts in which no other election is being conducted the school board may designate a combined polling place at which the voters in up to ten precincts may vote in the school district election. If there is no other election being conducted in any part of the school district, the school board may establish a single polling place at which all the voters must vote. Subd. 3. [PROCEDURE.] The school board must notify the county auditor within 30 days after the establishment of a polling place as provided in this section. The notice must include a list of the precincts that will be voting at each polling place. The school board must send the notice required by section 204B.16, subdivision 1a, after a polling place is established as provided in this section, but no additional notices of this kind are required for any subsequent similar elections until the location of the polling place or the combination of precincts voting at the polling place is changed. The secretary of state shall provide a single polling place roster for use in any polling place established as provided in this section. A single set of election judges must be appointed to serve in the polling place. The number of election judges required must be based on the total number of persons voting at the last similar election in all the precincts to be voting at the single polling place. A single ballot box may be provided for all the ballots. Sec. 7. [REPEALER.] Minnesota Statutes 1992, sections 204B.14, subdivision 8; and 204B.16, subdivision 2, are repealed. Presented to the governor May 5, 1994 Signed by the governor May 6, 1994, 11:58 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes