Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 132-S.F.No. 1144
An act relating to elections; simplifying language on
certificates of election; clarifying and simplifying
the Minnesota Election Law; making technical and
procedural changes; changing certain duties of
election officials; listing additional violations;
changing certain deadlines; providing for submission
of proposed chapter amendments; requiring adoption of
certain rules; imposing criminal penalties; amending
Minnesota Statutes 1998, sections 3.02; 200.031;
201.016, subdivision 1, and by adding a subdivision;
201.054, subdivision 2; 201.12, subdivision 2; 201.13,
by adding a subdivision; 203B.03, subdivision 1;
203B.04, subdivision 1; 203B.07, subdivision 2;
203B.08, subdivision 1; 203B.081; 203B.085; 203B.11,
subdivisions 2 and 4; 204B.08, subdivision 3;
204B.146, subdivision 2; 204B.21, subdivision 2;
204B.27, subdivision 8; 204C.10; 204C.24, subdivision
1; 204C.26, subdivision 1; 204C.40, subdivision 1;
204D.08, subdivisions 3 and 5; 204D.11, subdivision 4;
204D.13, subdivisions 2 and 3; 205.075, subdivision 2;
205.10, subdivisions 3 and 4; 205.16, subdivision 4;
205.185, subdivision 3; 205A.05, subdivision 1;
205A.07, subdivision 3; 205A.13; 206.86, subdivision
1; 208.04, subdivision 1; 351.055; 367.03, subdivision
4; 410.12, subdivision 1; 412.02, subdivision 2; and
447.32, subdivision 4; Laws 1997, chapter 173, section
6; proposing coding for new law in Minnesota Statutes,
chapter 204B; repealing Minnesota Statutes 1998,
sections 203B.08, subdivisions 1a and 3a; 203B.12,
subdivision 5; 204D.14, subdivision 2; 204D.19,
subdivision 5; and 365.10, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 3.02, is
amended to read:
3.02 [EVIDENCE OF MEMBERSHIP.]
For all purposes of organization of either house of the
legislature, a certificate of election to it, duly executed by
the auditor of the proper county, or by the secretary of state
when the member is elected from more than one county, is prima
facie evidence of the right to membership of the person named in
it.
Sec. 2. Minnesota Statutes 1998, section 200.031, is
amended to read:
200.031 [DETERMINATION OF RESIDENCE.]
Residence shall be determined in accordance with the
following principles, so far as they may be applicable to the
facts of the case:
(a) The residence of an individual is in the precinct where
the individual's home is located, from which the individual has
no present intention of moving, and to which, whenever the
individual is absent, the individual intends to return;
(b) An individual does not lose residence if the individual
leaves home to live temporarily in another state or precinct;
(c) An individual does not acquire a residence in any
precinct of this state if the individual is living there only
temporarily, without the intention of making that precinct home;
(d) If an individual goes into another state or precinct
with the intention of making it home or files an affidavit of
residence there for election purposes, the individual loses
residence in the former precinct;
(e) If an individual moves to another state with the
intention of living there for an indefinite period, the
individual loses residence in this state, notwithstanding any
intention to return at some indefinite future time;
(f) Except as otherwise provided in this section, an
individual's residence is located in the precinct where the
individual's family lives, unless the individual's family is
living in that precinct only temporarily;
(g) If an individual's family lives in one precinct and the
individual lives or does business in another, the individual's
residence is located in the precinct where the individual's
family lives, unless the individual establishes a home in the
other precinct and intends to remain there, with or without the
individual's family;
(h) The residence of a single individual is in the precinct
where the individual lives and usually sleeps;
(i) The mere intention to acquire a new residence, is not
sufficient to acquire a new residence, unless the individual
moves to that location; moving to a new location is not
sufficient to acquire a new residence unless the individual
intends to remain there;
(j) The residence of an individual who is working
temporarily in any precinct of this state is in the precinct
where the individual's permanent home is located;
(k) The residence of an individual who is living
permanently in a soldiers' home or nursing home is in the
precinct where the home is located.
(l) If an individual's home lies in more than one precinct
or political subdivision, the residence of the individual is in
the precinct in which a majority of the room in which the
individual usually sleeps is located.
(m) If an individual's home is destroyed or rendered
uninhabitable by fire or natural disaster, the individual does
not lose residence in the precinct where the home is located if
the individual intends to return to the home when it is
reconstructed or made habitable.
Sec. 3. Minnesota Statutes 1998, section 201.016,
subdivision 1, is amended to read:
Subdivision 1. [DETERMINATION OF RESIDENCE; PENALTY.] An
eligible voter may vote only in the precinct in which the voter
maintains residence. The residence of a voter shall be
determined in accordance with section 200.031. Any individual
who votes in a precinct knowing that the individual does not
maintain residence in that precinct is guilty of a felony.
Sec. 4. Minnesota Statutes 1998, section 201.016, is
amended by adding a subdivision to read:
Subd. 1a. [VIOLATIONS; PENALTY.] The county auditor shall
mail a violation notice to any voter who the county auditor can
determine has voted in a precinct other than the precinct in
which the voter maintains residence. The notice must be in the
form provided by the secretary of state. The county auditor
shall also change the status of the voter in the statewide
registration system to "challenged" and the voter shall be
required to provide proof of residence to either the county
auditor or to the election judges in the voter's precinct before
voting in the next election. Any of the forms authorized by
section 201.061 for registration at the polling place may be
used for this purpose.
A voter who votes in a precinct other than the precinct in
which the voter maintains residence after receiving an initial
violation notice as provided in this subdivision is guilty of a
petty misdemeanor. Any subsequent violation is a misdemeanor.
Sec. 5. Minnesota Statutes 1998, section 201.054,
subdivision 2, is amended to read:
Subd. 2. [PROHIBITIONS; PENALTY.] No individual shall
intentionally:
(a) Cause or attempt to cause the individual's name to be
registered in any precinct if the individual is not eligible to
vote;
(b) Cause or attempt to cause the individual's name to be
registered for the purpose of voting in more than one precinct,
or in any precinct in which the individual does not maintain
residence;
(c) Misrepresent the individual's identity when attempting
to register to vote; or
(d) Aid, abet, counsel, or procure any other individual to
violate this subdivision.
A violation of this subdivision is a felony.
Sec. 6. Minnesota Statutes 1998, section 201.12,
subdivision 2, is amended to read:
Subd. 2. [CHALLENGES.] Upon return of the notice by the
postal service any nonforwardable mailing from an election
official, the county auditor or the auditor's staff shall
ascertain the name and address of that individual. If the
individual is no longer at the address recorded in the statewide
registration system, the county auditor shall change the
registrant's status to "challenged" in the statewide
registration system. An individual challenged in accordance
with this subdivision shall comply with the provisions of
section 204C.12, before being allowed to vote. If a second
notice mailed at least 60 days after the return of the
first notice nonforwardable mailing is also returned by the
postal service, the county auditor shall change the registrant's
status to "inactive" in the statewide registration system.
Sec. 7. Minnesota Statutes 1998, section 201.13, is
amended by adding a subdivision to read:
Subd. 4. [REQUEST FOR REMOVAL OF VOTER RECORD.] If a voter
makes a written request for removal of the voter's record, the
county auditor shall remove the record of the voter from the
statewide registration system.
Sec. 8. Minnesota Statutes 1998, section 203B.03,
subdivision 1, is amended to read:
Subdivision 1. [VIOLATION.] No individual shall
intentionally:
(a) make or sign any false certificate required by this
chapter;
(b) make any false or untrue statement in any application
for absentee ballots;
(c) apply for absentee ballots more than once in any
election with the intent to cast an illegal ballot;
(d) exhibit a ballot marked by that individual to any other
individual;
(e) do any act in violation of the provisions of this
chapter for the purpose of casting an illegal vote in any
precinct or for the purpose of aiding another to cast an illegal
vote;
(f) use information from absentee ballot materials or
records for purposes unrelated to elections, political
activities, or law enforcement; or
(g) provide assistance to an absentee voter except in the
manner provided by section 204C.15, subdivision 1.;
(h) solicit the vote of an absentee voter while in the
immediate presence of the voter during the time the individual
knows the absentee voter is voting; or
(i) alter an absentee ballot application after it has been
signed by the voter, except by an election official for
administrative purposes.
Before inspecting information from absentee ballot
materials or records, an individual shall provide identification
to the public official having custody of the material or
information.
Sec. 9. Minnesota Statutes 1998, 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. The county
auditor shall prepare absentee ballot application forms in the
format provided in the rules of the secretary of state and shall
furnish them to any person on request. 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 name and 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. The application may contain a request for the
voter's date of birth, which must not be made available for
public inspection. 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. An
application mailed or returned in person to the county auditor
or municipal clerk on behalf of a voter by a person other than
the voter must be deposited in the mail or returned in person to
the county auditor or municipal clerk within ten days after it
has been dated by the voter and no later than six days before
the election. The absentee ballot applications or a list of
persons applying for an absentee ballot may not be made
available for public inspection until the close of voting on
election day.
Sec. 10. Minnesota Statutes 1998, section 203B.07,
subdivision 2, is amended to read:
Subd. 2. [DESIGN OF ENVELOPES.] The return envelope shall
be of sufficient size to conveniently enclose and contain the
ballot envelope and a voter registration card folded along its
perforations. The return envelope shall be designed to open on
the left hand end. A certificate of eligibility to vote by
absentee ballot shall be printed on the right hand three-fourths
of the back of the envelope. The certificate shall contain a
statement to be signed and sworn by the voter indicating that
the voter meets all of the requirements established by law for
voting by absentee ballot. The certificate shall also contain a
statement signed by an eligible voter of the county in which the
absent voter maintains residence a person who is registered to
vote in Minnesota or by a notary public, United States
postmaster, assistant postmaster, postal supervisor, clerk of a
postal service contract station or other individual authorized
to administer oaths stating that:
(a) the ballots were displayed to that individual unmarked;
(b) the voter marked the ballots in that individual's
presence without showing how they were marked, or, if the voter
was physically unable to mark them, that the voter directed
another individual to mark them; and
(c) if the voter was not previously registered, that the
voter has provided proof of residence as required by section
201.061, subdivision 3.
The county auditor or municipal clerk shall affix first
class postage to the return envelopes.
Sec. 11. Minnesota Statutes 1998, section 203B.08,
subdivision 1, is amended to read:
Subdivision 1. [MARKING AND RETURN BY VOTER.] An eligible
voter who receives absentee ballots as provided in this chapter
shall mark them in the manner specified in the directions for
casting the absentee ballots. The return envelope containing
marked ballots may be mailed as provided in the directions for
casting the absentee ballots or may be left with the county
auditor or municipal clerk who transmitted the absentee ballots
to the voter. If delivered in person by an agent, the return
envelope must be submitted to the county auditor or municipal
clerk by 3:00 p.m. on election day.
The voter may designate an agent to deliver in person the
sealed absentee ballot return envelope to the county auditor or
municipal clerk or to deposit the return envelope in the mail.
An agent may deliver or mail the return envelopes of not more
than three voters in any election. Any person designated as an
agent who tampers with either the return envelope or the voted
ballots or does not immediately mail or deliver the return
envelope to the county auditor or municipal clerk is guilty of a
misdemeanor.
Sec. 12. Minnesota Statutes 1998, section 203B.081, is
amended to read:
203B.081 [LOCATIONS FOR ABSENTEE VOTING IN PERSON.]
An eligible voter may vote by absentee ballot during the 30
days before the election in the office of the county auditor and
at any other polling place designated by the county
auditor during the 30 days before the election. The county
auditor shall make such designations at least 90 days before the
election. At least one voting booth in each polling place must
be made available by the county auditor for this purpose.
Sec. 13. Minnesota Statutes 1998, section 203B.085, is
amended to read:
203B.085 [COUNTY AUDITOR'S OFFICE TO REMAIN OPEN DURING
CERTAIN HOURS PRECEDING ELECTION.]
The county auditor's office in each county must be open for
acceptance of absentee ballot applications and casting of
absentee ballots between the hours of 1:00 from 10:00 a.m. to
3:00 p.m. on Saturday and until 5:00 to 7:00 p.m. on Monday
immediately preceding a primary or general election. Town
clerks' offices must be open for absentee voting from 10:00 a.m.
to 12:00 noon on the Saturday before a town general election
held in March. The school district clerk, when performing the
county auditor's election duties, need not comply with this
section.
Sec. 14. Minnesota Statutes 1998, section 203B.11,
subdivision 2, is amended to read:
Subd. 2. [TEN TWENTY DAYS BEFORE AN ELECTION.] During the
ten 20 days preceding an election, the election judges shall
deliver absentee ballots only to an eligible voter who has
applied for absentee ballots to the county auditor or municipal
clerk under section 203B.04, subdivision 1.
Sec. 15. Minnesota Statutes 1998, section 203B.11,
subdivision 4, is amended to read:
Subd. 4. [AGENT DELIVERY OF BALLOTS.] During the four days
preceding an election and until 4:00 2:00 p.m. on election day,
an eligible voter who is a patient of a health care facility may
designate an agent to deliver the ballots to the voter from the
county auditor or municipal clerk. A candidate at the election
may not be designated as an agent. The voted ballots must be
returned to the county auditor or municipal clerk no later than
5:00 3:00 p.m. on election day. The voter must complete an
affidavit requesting the auditor or clerk to provide the agent
with the ballots in a sealed transmittal envelope. The
affidavit must include a statement from the voter stating that
the ballots were delivered to the voter by the agent in the
sealed transmittal envelope. An agent may deliver ballots to no
more than three persons in any election. The secretary of state
shall provide samples of the affidavit and transmission envelope
for use by the county auditors.
Sec. 16. [204B.071] [PETITIONS; RULES OF THE SECRETARY OF
STATE.]
The secretary of state shall adopt rules governing the
manner in which petitions required for any election in this
state are circulated, signed, filed, and inspected. The
secretary of state shall provide samples of petition forms for
use by election officials.
Sec. 17. Minnesota Statutes 1998, section 204B.08,
subdivision 3, is amended to read:
Subd. 3. [NUMBER OF SIGNATURES.] The number of signatures
required on a nominating petition shall be as follows:
(a) For a state office voted on statewide or for United
States senator, one percent of the total number of individuals
voting in the state at the last preceding state general
election, or 2,000, whichever is less;
(b) For a congressional or judicial district office, five
percent of the total number of individuals voting in the
district at the last preceding state general election, or 1,000,
whichever is less;
(c) For a county or legislative office, ten percent of the
total number of individuals voting in the county or legislative
district at the last preceding state or county general election,
or 500, whichever is less;
(d) For a municipal office in a city of the first class,
the number specified in section 205.121; and
(e) For any other municipal or school district office, ten
percent of the total number of individuals voting in the
municipality, ward, school district, or other election district
at the last preceding municipal, or school district if
applicable, general election, or 500, whichever is less.
Sec. 18. Minnesota Statutes 1998, section 204B.146,
subdivision 2, is amended to read:
Subd. 2. [PRECINCT AND ELECTION DISTRICT BOUNDARIES.] The
secretary of state shall maintain a computer database of
precinct and election district boundaries. The secretary of
state shall revise the information in the database 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.
At least 30 days before the state primary, At the request
of the county auditor, the secretary of state shall provide the
county auditor with precinct maps of each precinct in
municipalities with more than one precinct. The county auditor
shall forward the maps to the appropriate municipal clerks, who
shall post the map in the polling place on the day of the state
primary and the state general election.
Sec. 19. Minnesota Statutes 1998, section 204B.21,
subdivision 2, is amended to read:
Subd. 2. [APPOINTING AUTHORITY; POWERS AND DUTIES.]
Election judges for precincts in a municipality shall be
appointed by the governing body of the municipality. Election
judges for precincts in unorganized territory and for performing
election-related duties assigned by the county auditor shall be
appointed by the county board. Election judges for a precinct
composed of two or more municipalities must be appointed by the
governing body of the municipality or municipalities responsible
for appointing election judges as provided in the agreement to
combine for election purposes. Appointments shall be made from
lists furnished pursuant to subdivision 1 subject to the
eligibility requirements and other qualifications established or
authorized under section 204B.19. If no lists have been
furnished or if additional election judges are required after
all listed names have been exhausted, the appointing authority
may appoint any other individual to serve as an election judge
subject to the same requirements and qualifications. The
appointments shall be made at least 25 days before the election
at which the election judges will serve.
Sec. 20. Minnesota Statutes 1998, section 204B.27,
subdivision 8, is amended to read:
Subd. 8. [VOTER INFORMATION TELEPHONE LINE.] The secretary
of state shall provide a voter information telephone line for
use during the period beginning two weeks before the state
primary and ending three days after the state general election.
A toll-free number must be provided for use by persons residing
outside the metropolitan calling area. The secretary of state
shall make available information concerning voter registration,
absentee voting, election results, and other election-related
information considered by the secretary of state to be useful to
the public.
Sec. 21. Minnesota Statutes 1998, section 204C.10, is
amended to read:
204C.10 [PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.]
An individual seeking to vote shall sign a polling place
roster which states that the individual is at least 18 years of
age, a citizen of the United States, has resided in Minnesota
for 20 days immediately preceding the election, certifies
residence at the address shown, is not under guardianship of the
person, has not been found by a court of law to be legally
incompetent to vote or convicted of a felony without having
civil rights restored, is registered and has not already voted
in the election. A judge may, before the applicant signs the
roster, confirm the applicant's name, address, and date of birth.
After the applicant signs the roster, the judge shall give the
applicant a voter's receipt. The voter shall deliver the
voter's receipt to the judge in charge of ballots as proof of
the voter's right to vote, and thereupon the judge shall hand to
the voter the ballot. The judges shall destroy the voters'
receipts at the end of the day must be maintained during the
time for notice of filing an election contest.
Sec. 22. Minnesota Statutes 1998, section 204C.24,
subdivision 1, is amended to read:
Subdivision 1. [INFORMATION REQUIREMENTS.] Precinct
summary statements shall be submitted by the election judges in
every precinct. For state elections, the election judges shall
complete three or more copies of the summary statements, and
each copy shall contain the following information for each kind
of ballot:
(a) the number of votes each candidate received or the
number of yes and no votes on each question, the number of
undervotes or partially blank ballots, and the number of
overvotes or partially defective ballots with respect to each
office or question;
(b) the number of totally blank ballots, the number of
totally defective ballots, the number of spoiled ballots, and
the number of unused ballots;
(c) the number of individuals who voted at the election in
the precinct;
(d) the number of voters registering on election day in
that precinct; and
(e) the signatures of the election judges who counted the
ballots certifying that all of the ballots cast were properly
piled, checked, and counted; and that the numbers entered by the
election judges on the summary statements correctly show the
number of votes cast for each candidate and for and against each
question.
At least two copies of the summary statement must be
prepared for elections not held on the same day as the state
elections.
Sec. 23. Minnesota Statutes 1998, section 204C.26,
subdivision 1, is amended to read:
Subdivision 1. [SUMMARY STATEMENTS.] For state elections,
each official responsible for printing ballots shall furnish
three or more blank summary statement forms for the returns of
those ballots for each precinct. At least two copies of the
summary statement must be prepared for elections not held on the
same day as the state elections. The blank summary statement
forms shall be furnished at the same time and in the same manner
as the ballots. The county auditor shall furnish blank summary
statement forms containing separate space for the summary
statement of the returns of the white ballot and the summary
statement of the returns for the state pink ballot.
Sec. 24. Minnesota Statutes 1998, section 204C.40,
subdivision 1, is amended to read:
Subdivision 1. [PREPARATION; METHOD OF DELIVERY.] The
county auditor shall prepare an election certificate for every
county candidate declared elected by the county canvassing
board, and the secretary of state shall prepare a certificate
for every state and federal candidate declared elected by either
a county canvassing board or the state canvassing board. Except
as otherwise provided in this section, the secretary of state or
county auditor, as appropriate, shall deliver an election
certificate on demand to the elected candidate. In an election
for United States representative in Congress, the filing officer
secretary of state shall deliver the original election
certificate to the chief clerk of the United States house of
representatives. In an election for United States senator, the
governor shall prepare an original certificate of election,
countersigned by the secretary of state, and deliver it to the
secretary of the United States senate. In an election for state
representative or state senator, the filing officer secretary of
state shall deliver the original election certificate to the
chief clerk of the house or the secretary of the senate. The
chief clerk of the house or the secretary of the senate shall
give a copy of the certificate to the representative-elect or
senator-elect. Upon taking the oath of office, the
representative or senator shall receive the original certificate
of election. If a recount is undertaken by a canvassing board
pursuant to section 204C.35, no certificate of election shall be
prepared or delivered until after the recount is completed. In
case of a contest, the court may invalidate and revoke the
certificate as provided in chapter 209.
Sec. 25. Minnesota Statutes 1998, section 204D.08,
subdivision 3, is amended to read:
Subd. 3. [ROTATION OF NAMES.] On state primary ballots the
name of each candidate for nomination to a partisan or
nonpartisan office shall be rotated with the names of the other
candidates for nomination to that office so that the name of
each candidate appears substantially an equal number of times at
the top, at the bottom, and at each intermediate place in that
group of candidates. If the number of candidates for an office
is equal to or less than the number to be elected, no rotation
of candidate names is required and the official preparing the
ballot shall determine the position of the candidates by lot.
Sec. 26. Minnesota Statutes 1998, section 204D.08,
subdivision 5, is amended to read:
Subd. 5. [PARTY COLUMNS; ARRANGEMENT.] The names of
candidates for nomination of the major political party that
received the highest smallest average vote at the last state
general election must be placed in the first column on the left
side of the ballot. The names of candidates for nomination of
the major political party that received the next highest
smallest average vote at the last state general election must be
placed in the second column, and so on. The average vote shall
be computed in the manner provided in section 204D.13,
subdivision 2.
Sec. 27. Minnesota Statutes 1998, section 204D.11,
subdivision 4, is amended to read:
Subd. 4. [SPECIAL FEDERAL WHITE BALLOT.] The names of all
candidates for the offices of president and vice-president of
the United States and senator and representative in Congress
shall be placed on a ballot printed on white paper which shall
be known as the "special federal white ballot." This ballot
shall be prepared by the county auditor in the same manner as
the white ballot and shall be subject to the rules adopted by
the secretary of state pursuant to subdivision 1. The special
federal white ballot shall be the only ballot sent to citizens
of the United States who are eligible to vote by absentee ballot
for federal candidates in Minnesota as provided by Public Law
Number 94-203 and Minnesota Statutes, chapter 203B.
Sec. 28. Minnesota Statutes 1998, section 204D.13,
subdivision 2, is amended to read:
Subd. 2. [ORDER OF POLITICAL PARTIES.] The first name
printed for each partisan office on the white ballot shall be
that of the candidate of the major political party that received
the smallest average number of votes at the last state general
election. The succeeding names shall be those of the candidates
of the other major political parties that received a
succeedingly higher average number of votes respectively. For
the purposes of this subdivision, the average number of votes of
a major political party shall be computed by dividing the total
number of votes counted for all of the party's candidates for
statewide office at the state general election by the number of
those candidates at the election.
On voting machines the first name printed for each office
means the position nearest the top or left edge of the machine,
whichever applies.
Sec. 29. Minnesota Statutes 1998, section 204D.13,
subdivision 3, is amended to read:
Subd. 3. [NOMINEES BY PETITION; PLACEMENT ON BALLOT.] The
names of candidates nominated by petition for a partisan office
voted on at the state general election shall be placed on the
white ballot after the names of the candidates for that office
who were nominated at the state primary. Candidates nominated
by petition shall be placed on the ballot in the order in which
the petitions were filed. Prior to the state primary, the
secretary of state shall determine by lot the order of
candidates nominated by petition. The drawing of lots must be
by political party or principle. The political party or
political principle of the candidate as stated on the petition
shall be placed after the name of a candidate nominated by
petition. The word "nonpartisan" shall not be used to designate
any partisan candidate whose name is placed on the white ballot
by nominating petition.
Sec. 30. Minnesota Statutes 1998, section 205.075,
subdivision 2, is amended to read:
Subd. 2. [ALTERNATE DATE; METROPOLITAN TOWNS.] A town
located in the metropolitan area as defined by section 473.121
may, by resolution or ordinance, designate the first Tuesday
after the first Monday in November of either the even-numbered
or the odd-numbered year as the date of the town general
election. Town supervisors elected at a November town general
election shall serve four-year terms.
The ordinance or resolution changing the date of the town
general election must include a plan to shorten or lengthen the
terms of office to provide an orderly transition to the November
election schedule.
The ordinance or resolution changing the date of the town
general election may be proposed by the town board or by a
resolution of the electors adopted at the annual town meeting
and is effective upon an affirmative vote of the electors at the
next town general election.
Sec. 31. Minnesota Statutes 1998, section 205.10,
subdivision 3, is amended to read:
Subd. 3. [PROHIBITION.] No special election shall be held
under this section on the second Tuesday in December and no
special election authorized under subdivision 1 may be held
within 40 days after the state general election.
Sec. 32. Minnesota Statutes 1998, section 205.10,
subdivision 4, is amended to read:
Subd. 4. [VACANCIES IN TOWN OFFICES.] Special elections
must be held with the town general election to fill vacancies in
town offices as provided in section 367.03, subdivision 2 6.
Sec. 33. Minnesota Statutes 1998, section 205.16,
subdivision 4, is amended to read:
Subd. 4. [NOTICE TO AUDITOR.] At least 45 49 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 to be voted on at the election, and
questions the title and language for each ballot question to be
voted on at the election.
Sec. 34. Minnesota Statutes 1998, section 205.185,
subdivision 3, is amended to read:
Subd. 3. [CANVASS OF RETURNS, CERTIFICATE OF ELECTION,
BALLOTS, DISPOSITION.] Within two seven days after an election,
the governing body of a city or a town conducting the general
election in November shall canvass the returns and declare the
results of the election. The governing body of a town
conducting the general election in March shall canvass the
returns and declare the results of the election within two days
after an election. After the time for contesting elections has
passed, the municipal clerk shall issue a certificate of
election to each successful candidate. In case of a contest,
the certificate shall not be issued until the outcome of the
contest has been determined by the proper court. In case of a
tie vote, the governing body shall determine the result by lot.
The clerk shall certify the results of the election to the
county auditor, and the clerk shall be the final custodian of
the ballots and the returns of the election.
Sec. 35. Minnesota Statutes 1998, section 205A.05,
subdivision 1, is amended to read:
Subdivision 1. [QUESTIONS.] Special elections must be held
for a school district on a question on which the voters are
authorized by law to pass judgment. The school board may on its
own motion call a special election to vote on any matter
requiring approval of the voters of a district. Upon petition
of 50 or more voters of the school district or five percent of
the number of voters voting at the preceding regular school
district election, the school board shall by resolution call a
special election to vote on any matter requiring approval of the
voters of a district. A question is carried only with the
majority in its favor required by law. The election officials
for a special election are the same as for the most recent
school district general election unless changed according to
law. Otherwise, special elections must be conducted and the
returns made in the manner provided for the school district
general election. A special election may not be held during the
30 days before and the 30 days after the state primary, during
the 30 days before and the 40 days after the state general
election, or on the second Tuesday in December. In addition, a
special election may not be held during the 20 days before and
the 20 days after any regularly scheduled election of a
municipality wholly or partially within the school district.
Notwithstanding any other law to the contrary, the time period
in which a special election must be conducted under any other
law may be extended by the school board to conform with the
requirements of this subdivision.
Sec. 36. Minnesota Statutes 1998, section 205A.07,
subdivision 3, is amended to read:
Subd. 3. [NOTICE TO AUDITOR.] At least 45 49 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 to be voted on at the
election, and questions the title and language for each ballot
question 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 children, families, and learning and prior to
actual initiation of the election.
Sec. 37. Minnesota Statutes 1998, section 205A.13, is
amended to read:
205A.13 [REQUIREMENTS FOR PETITIONS.]
Any petition to a school board authorized in this chapter
or sections 126C.17, 126C.40, 126C.41 to 126C.48, and 124D.22,
or any other law which requires the board to submit an issue to
referendum or election, shall meet the following requirements to
be valid provided in section 204B.071.
(1) Each page of the petition shall contain a heading at
its top which specifies the particular action the board is being
petitioned to take. The signatures on any page which does not
contain such a heading shall all be invalidated. All pages of
the petition shall be assembled and filed with the board as a
single instrument.
(2) Each page of the petition shall contain an
authentication signed by the circulator of the petition
specifying as follows:
"I personally have circulated this page of the petition.
All signatures were made in my presence. I believe that the
signers signed their own names and that each person who has
signed is eligible to vote in a school district election
according to Minnesota Election Law.
Signed: ................................ Signature of
Petition Circulator
Date: ................................."
The signatures on any page which does not contain such an
authentication shall all be invalidated.
(3) Signers of the petition shall personally sign their own
names in ink or indelible pencil and shall indicate after the
name the place of residence by street and number, or other
description sufficient to identify the place. Except as
provided in clause (4), any signature which does not meet these
requirements shall be invalidated.
(4) Individuals who are unable to write their names shall
be required to make their marks on the petition. The circulator
of the petition shall certify the mark by signing the
individual's name and address and shall thereafter print the
phrase "mark certified by petition circulator."
(5) A petition, to be valid, must contain the minimum
number of valid signatures of eligible voters specified in the
law authorizing the petition and election.
Sec. 38. Minnesota Statutes 1998, section 206.86,
subdivision 1, is amended to read:
Subdivision 1. [AT THE VOTING LOCATION.] In precincts
where an electronic voting system is used, as soon as the polls
are closed the election judges shall secure the voting systems
against further voting. They shall then open the ballot box and
count the number of ballot cards or envelopes containing ballot
cards that have been cast to determine that the number of ballot
cards does not exceed the number of voters shown on the election
register or registration file. If there is an excess, the
judges shall seal the ballots in a ballot container and
transport the container to the county auditor or municipal clerk
who shall process the ballot cards ballots in the same manner as
paper ballots are processed in section 204C.20, subdivision 2,
then enter the ballots into the ballot counter. The total
number of voters must be entered on the forms provided. The
judges shall next count the write-in votes and enter the number
of those votes on forms provided for the purpose.
Sec. 39. Minnesota Statutes 1998, section 208.04,
subdivision 1, is amended to read:
Subdivision 1. When presidential electors are to be voted
for, a vote cast for the party candidates for president and
vice-president shall be deemed a vote for that party's electors
as filed with the secretary of state. The secretary of state
shall certify the names of all duly nominated presidential and
vice-presidential candidates to the county auditors of the
counties of the state. Each county auditor, subject to the
rules of the secretary of state, shall cause the names of the
candidates of each major political party and the candidates
nominated by petition to be printed in capital letters, set in
type of the same size and style as for candidates on the state
white ballot, before the party designation. To the left of, and
on the same line with the surnames names of the candidates for
president and vice-president, near the margin, shall be placed a
square or box, in which the voters may indicate their choice by
marking an "X."
The form for the presidential ballot and the relative
position of the several candidates shall be determined by the
rules applicable to other state officers. The state ballot,
with the required heading, shall be printed on the same piece of
paper and shall be below the presidential ballot with a blank
space between one inch in width.
Sec. 40. Minnesota Statutes 1998, section 351.055, is
amended to read:
351.055 [PREPARATIONS FOR SPECIAL ELECTIONS.]
If a future vacancy becomes certain to occur and the
vacancy must be filled by a special election, the appropriate
authorities may begin procedures leading to the special election
so that a successor may be elected at the earliest possible time.
For prospective vacancies that will occur as a result of a
resignation, preparations for the special election may begin
immediately after the written resignation is received by the
official provided in section 351.01, subdivision 1.
Sec. 41. Minnesota Statutes 1998, section 367.03,
subdivision 4, is amended to read:
Subd. 4. [OFFICERS; METROPOLITAN TOWNS NOVEMBER ELECTION.]
Supervisors and other town officers in towns located in the
metropolitan area as defined in section 473.121 that hold the
town general election in November shall be elected for terms of
four years and until their successors are elected and
qualified. The clerk and treasurer shall be elected in
alternate years.
Sec. 42. Minnesota Statutes 1998, section 410.12,
subdivision 1, is amended to read:
Subdivision 1. [PROPOSALS.] The charter commission may
propose amendments to such charter and shall do so upon the
petition of voters equal in number to five percent of the total
votes cast at the last previous state general election in the
city. If the city has a system of permanent registration of
voters, Proposed charter amendments must be submitted at least
12 weeks before the general election. Only registered voters
are eligible to sign the petition. All petitions circulated
with respect to a charter amendment shall be uniform in
character and shall have attached thereto the text of the
proposed amendment in full; except that in the case of a
proposed amendment containing more than 1,000 words, a true and
correct copy of the same may be filed with the city clerk, and
the petition shall then contain a summary of not less than 50
nor more than 300 words setting forth in substance the nature of
the proposed amendment. Such summary shall contain a statement
of the objects and purposes of the amendment proposed and an
outline of any proposed new scheme or frame work of government
and shall be sufficient to inform the signers of the petition as
to what change in government is sought to be accomplished by the
amendment. The summary, together with a copy of the proposed
amendment, shall first be submitted to the charter commission
for its approval as to form and substance. The commission shall
within ten days after such submission to it, return the same to
the proposers of the amendment with such modifications in
statement as it may deem necessary in order that the summary may
fairly comply with the requirements above set forth.
Sec. 43. Minnesota Statutes 1998, section 412.02,
subdivision 2, is amended to read:
Subd. 2. [TERM.] Terms of elective officers shall commence
on the first business day of Monday in January following the
election at which the officer is chosen. All officers chosen
and qualified as such shall hold office until their successors
qualify.
Sec. 44. Minnesota Statutes 1998, 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 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 affidavit of candidacy must be filed
with the city or town clerk not more than ten weeks nor less
than eight weeks before the election. The city or town clerk
must 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 be printed on tan paper and prepared
as provided in the rules of the secretary of state. 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 systems
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. 45. Laws 1997, chapter 173, section 6, is amended to
read:
Sec. 6. [INCUMBENT TERMS.]
All supervisors who are incumbents on the effective date of
this section shall serve out the terms to which they have been
elected. At the end of their terms, their successors shall be
elected to four-year terms, except that the successors to the
two supervisors whose terms expire on December 31, 1998, shall
be elected to two-year terms at the 1998 general election and to
four-year terms thereafter. as provided in this section. By
January 1, 2000, the district board must prepare a plan to
lengthen or shorten the terms of office, as needed, for each
office elected in 1998 and to be elected in 2000, so that no
more than three of the supervisors are elected at each general
election. In 2002 and thereafter, supervisors shall be elected
to four-year terms. The district board shall determine by lot
which offices' terms are to be lengthened or shortened. The
plan must be filed with the county auditor and the state board.
Sec. 46. [REPEALER.]
Minnesota Statutes 1998, sections 203B.08, subdivisions 1a
and 3a; 203B.12, subdivision 5; 204D.14, subdivision 2; 204D.19,
subdivision 5; and 365.10, subdivision 2, are repealed.
Presented to the governor May 4, 1999
Signed by the governor May 7, 1999, 1:48 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes