Minnesota Session Laws - 2003, 1st Special Session

                              CHAPTER 7-S.F.No. 8 
                  An act relating to elections; establishing the Help 
                  America Vote Act account; providing for funding and 
                  use of that account; establishing a procedure for 
                  review of complaints; appropriating money; proposing 
                  coding for new law in Minnesota Statutes, chapters 5; 
                  200. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [5.30] [HELP AMERICA VOTE ACT ACCOUNT.] 
           Subdivision 1.  [ESTABLISHMENT.] The Help America Vote Act 
        account is established as an account in the state treasury.  
        Money received from the federal government under the Help 
        America Vote Act, Public Law 107-252, must be deposited in the 
        state treasury and credited to the account.  Money appropriated 
        from the general fund to meet the matching requirement of 
        section 253(b)(5) of the Help America Vote Act must be 
        transferred to the account.  Money earned from investing the 
        assets of the account must be credited to the account.  Money in 
        the account does not cancel but remains available until 
        expended.  The account is subject to the requirements of section 
        254(b) of the Help America Vote Act.  
           Subd. 2.  [APPROPRIATION.] Notwithstanding section 4.07, 
        money in the Help America Vote Act account may be spent only 
        pursuant to direct appropriations enacted from time to time by 
        law.  Money in the account must be spent to improve 
        administration of elections in accordance with the Help America 
        Vote Act, the state plan certified by the governor under the 
        act, and for reporting and administrative requirements under the 
        act and plan.  Money in the account must be used in a manner 
        that is consistent with the maintenance of effort requirements 
        of section 254(a)(7) of the Help America Vote Act, Public Law 
        107-252, based on the level of state expenditures for the fiscal 
        year ending June 30, 2000. 
           Sec. 2.  [200.04] [HELP AMERICA VOTE ACT COMPLAINTS.] 
           Subdivision 1.  [PROCEDURE.] The secretary of state shall 
        establish a procedure for the review of complaints regarding the 
        administration of Title III of the Help America Vote Act of 
        2002, Public Law 107-252, including complaints about voting 
        system standards, computerized statewide registration lists and 
        equipment, voter registration requirements, and other features 
        of state implementation of that act.  The secretary of state 
        shall provide a complaint form that requires the signature of 
        the complainant, an affidavit and notarization, and the 
        attachment of any supporting documentation.  The form must 
        indicate that any election judge, while serving, is deemed a 
        notary public for purposes of Public Law 107-252, section 402.  
           Subd. 2.  [POLITICAL SUBDIVISIONS.] (a) The procedure in 
        this subdivision applies if a complaint under subdivision 1 
        pertains to a town, city, school, or county employee or official.
           (b) The secretary of state must provide the town clerk, 
        city clerk, school district clerk, or county auditor with a copy 
        of the complaint within three business days of receiving it.  
           (c) The town clerk, city clerk, school district clerk, or 
        county auditor has 20 days to either reach an agreement with the 
        complainant or file a written response to the complaint with the 
        secretary of state.  
           (d) The secretary of state shall provide the complainant 
        with a copy of the response and an opportunity for a hearing on 
        the record.  
           (e) If a hearing on the record is requested, the town 
        clerk, city clerk, school district clerk, or county auditor must 
        be given notice and the opportunity to participate. 
           (f) The secretary of state shall issue a final 
        determination, and, if necessary, a remedial plan, no later than 
        90 days after the filing of the complaint.  If the secretary of 
        state fails to issue the determination within 90 days, the 
        secretary of state must provide alternative dispute resolution 
        for the disposition of the complaint.  That process must be 
        completed within 60 days of its commencement. 
           Subd. 3.  [SECRETARY OF STATE.] (a) The procedure in this 
        subdivision applies if a complaint under subdivision 1 pertains 
        to the secretary of state. 
           (b) The secretary of state must forward the complaint to 
        the office of administrative hearings within three business days 
        after receiving it. 
           (c) The secretary of state has 20 days to either reach an 
        agreement with the complainant or file a written response to the 
        complaint with the office of administrative hearings. 
           (d) The office of administrative hearings must provide the 
        complainant with a copy of the response and an opportunity for a 
        hearing on the record. 
           (e) If a hearing on the record is requested, the secretary 
        of state must be given notice and an opportunity to participate. 
           (f) The office of administrative hearings must issue a 
        final determination and remedial plan if necessary no later than 
        90 days after the filing of the complaint.  If the office of 
        administrative hearings fails to issue the determination within 
        90 days, it must provide alternative dispute resolution for the 
        disposition of the complaint.  That process must be completed 
        within 60 days of its commencement. 
           Subd. 4.  [APPLICATION OF CHAPTER 14.] Proceedings under 
        this section are not subject to chapter 14. 
           Subd. 5.  [APPEAL.] A determination made under subdivision 
        2 is not an agency determination subject to appellate review.  
        Either party may initiate an appeal from the secretary of 
        state's final order in the district court in the county where 
        the town, city, or county employee or official is employed. 
           Subd. 6.  [REVIEW.] A determination made under subdivision 
        3 is subject to appellate review. 
           Sec. 3.  [APPROPRIATION.] 
           $6,500,000 is appropriated from the Help America Vote Act 
        account to the secretary of state to carry out one or more of 
        the following activities necessary to meet requirements imposed 
        by the Help America Vote Act, Public Law 107-252: 
           (1) develop the state plan required under the act; 
           (2) modify the statewide voter registration system; 
           (3) develop and administer a procedure to process 
        complaints; 
           (4) improve polling place accessibility; 
           (5) prepare training materials; 
           (6) provide assistance to persons with limited proficiency 
        in the English language; and 
           (7) train local election officials. 
           This appropriation is available until June 30, 2005. 
           Sec. 4.  [STATE MATCH PREVIOUSLY EXPENDED.] 
           $1,750,000 expended by state and local government under the 
        voting equipment grant account established by Minnesota 
        Statutes, section 204B.48, in fiscal years 2002 and 2003, was 
        money appropriated for carrying out the activities for which 
        requirements payments are made under section 251 of the Help 
        America Vote Act of 2002, Public Law 107-252, as required by 
        section 253(b)(5) of the act.  
           Sec. 5.  [EFFECTIVE DATE.] 
           This act is effective retroactively to the full extent 
        permitted by the Help America Vote Act, Public Law 107-252. 
           Presented to the governor May 27, 2003 
           Signed by the governor May 30, 2003, 4:10 p.m.