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Office of the Revisor of Statutes

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

                            CHAPTER 303-S.F.No. 2814 
                  An act relating to cooperatives; authorizing electronic voting; 
                  amending Minnesota Statutes 2000, sections 308A.311, 
                  subdivisions 4, 5; 308A.635, subdivisions 4, 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 308A.311, 
        subdivision 4, is amended to read: 
           Subd. 4.  [VOTE BY MAIL OR ELECTRONIC MEANS.] (a) A member 
        may not vote by mail or electronic means for a director unless 
        mail or electronic voting is authorized for election of 
        directors by the articles or bylaws.  
           (b) The ballot shall be in a form prescribed by the board.  
           (c) If the vote is by mail, the member shall mark the 
        ballot for the candidate chosen and mail the ballot to the 
        cooperative in a sealed plain envelope inside another envelope 
        bearing the member's name. 
           (d) The member may vote by electronic means if the 
        cooperative is able to authenticate that it is the cooperative 
        member who is casting the vote. 
           (e) If the ballot of the member is received by the 
        cooperative on or before the date of the regular members' 
        meeting, the ballot shall be accepted and counted as the vote of 
        the absent member.  
           Sec. 2.  Minnesota Statutes 2000, section 308A.311, 
        subdivision 5, is amended to read: 
           Subd. 5.  [VOTE BY MAIL OR ELECTRONIC MEANS FOR TELEPHONE 
        COOPERATIVE.] If voting by mail or by electronic means is 
        authorized by the articles or the bylaws of a telephone 
        cooperative, a member may vote by mail or by electronic means 
        for the director in the manner prescribed in the articles or 
        bylaws.  The mail voting shall be by secret ballot.  
           Sec. 3.  Minnesota Statutes 2000, section 308A.635, 
        subdivision 4, is amended to read: 
           Subd. 4.  [VOTING METHOD.] A member's vote at a members' 
        meeting must be in person or by mail if a mail vote is 
        authorized by the board, or by electronic means if an electronic 
        vote is authorized by the board, and not by proxy except as 
        provided in subdivisions 2 and 5.  
           Sec. 4.  Minnesota Statutes 2000, section 308A.635, 
        subdivision 6, is amended to read: 
           Subd. 6.  [ABSENTEE BALLOTS.] (a) A member who is absent 
        from a members' meeting may vote by mail or by electronic means 
        on the ballot prescribed in this subdivision on any motion, 
        resolution, or amendment that the board submits for vote by mail 
        to the members. 
           (b) The ballot shall be in the form prescribed by the board 
        and contain: 
           (1) the exact text of the proposed motion, resolution, or 
        amendment to be acted on at the meeting; and 
           (2) spaces opposite the text of the motion, resolution, or 
        amendment in which the member may indicate an affirmative or 
        negative vote.  
           (c) If the vote is by mail, the member shall express a 
        choice by marking an "X" in the appropriate space on the ballot 
        and mail or deliver the ballot to the cooperative in a plain, 
        sealed envelope inside another envelope bearing the member's 
        name.  
           (d) The member may vote by electronic means if the 
        cooperative is able to authenticate that it is the cooperative 
        member who is casting the vote. 
           (e) A properly executed ballot shall be accepted by the 
        board and counted as the vote of the absent member at the 
        meeting. 
           Presented to the governor March 26, 2002 
           Signed by the governor March 27, 2002, 3:36 p.m.