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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 293-H.F.No. 1006 
                  An act relating to elections; providing for conformity 
                  with the federal Help America Vote Act; authorizing 
                  rulemaking; providing for administration of elections; 
                  conforming disclaimer requirements for campaign 
                  material to constitutional limitations; amending 
                  Minnesota Statutes 2002, sections 5.08; 15.0597, 
                  subdivisions 2, 3, 4, 5, 6, 7; 15.0599, subdivision 4; 
                  201.021; 201.022; 201.061, subdivisions 1, 3, by 
                  adding a subdivision; 201.071, subdivisions 1, 2, 3; 
                  201.091, subdivisions 4, 5, by adding a subdivision; 
                  201.121, subdivision 1; 201.13, subdivision 1; 201.15, 
                  as amended; 201.155; 201.161; 201.1611, subdivision 1; 
                  201.171; 201.221, subdivisions 2, 3; 202A.14, 
                  subdivision 3; 203B.06, subdivision 4; 203B.08, 
                  subdivision 3; 203B.085; 203B.12, subdivision 2; 
                  203B.16, by adding a subdivision; 203B.17; 203B.19; 
                  203B.24, subdivision 2; 203B.26; 204B.06, subdivision 
                  1; 204B.07, subdivision 2; 204B.09, subdivisions 1, 3; 
                  204B.16, subdivision 3; 204B.19, subdivisions 1, 6; 
                  204B.22, by adding a subdivision; 204B.36, subdivision 
                  4; 204B.41; 204B.47; 204C.06, by adding a subdivision; 
                  204C.08, by adding a subdivision; 204C.10; 204C.20, 
                  subdivision 2; 204C.33, subdivision 1; 204C.35, by 
                  adding a subdivision; 204C.36, by adding a 
                  subdivision; 204C.361; 204D.14, by adding a 
                  subdivision; 204D.27, subdivision 11; 205.075, by 
                  adding a subdivision; 205.16, subdivision 4, by adding 
                  a subdivision; 205.185, subdivisions 2, 3; 205A.02; 
                  205A.07, by adding a subdivision; 206.57, by adding 
                  subdivisions; 206.81; 206.90, subdivision 6; 211A.02, 
                  by adding a subdivision; 211B.01, subdivision 2; 
                  211B.04; 351.01, subdivision 4; 365.51, subdivision 3; 
                  367.12; 414.041, subdivision 1; 447.32, subdivisions 
                  3, 4; Minnesota Statutes 2003 Supplement, section 
                  205A.07, subdivision 3; proposing coding for new law 
                  in Minnesota Statutes, chapters 201; 204C; 204D. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1 
                                HAVA COMPLIANCE 
           Section 1.  Minnesota Statutes 2002, section 201.021, is 
        amended to read: 
           201.021 [PERMANENT REGISTRATION SYSTEM.] 
           A permanent system of voter registration by county is 
        established, with the county systems linked together by a 
        centralized statewide system a single, official, centralized, 
        interactive computerized statewide voter registration list 
        defined, maintained, and administered at the state level that 
        contains the name and registration information of every legally 
        registered voter in the state, and assigns a unique identifier 
        to each legally registered voter in the state.  The interactive 
        computerized statewide voter registration list constitutes the 
        official list of every legally registered voter in the state.  
        The county auditor shall be chief registrar of voters and the 
        chief custodian of the official registration records in each 
        county.  The secretary of state is responsible for defining, 
        maintaining, and administering the centralized system. 
           Sec. 2.  Minnesota Statutes 2002, section 201.022, is 
        amended to read: 
           201.022 [STATEWIDE REGISTRATION SYSTEM.] 
           Subdivision 1.  [ESTABLISHMENT.] The secretary of state 
        shall maintain a statewide voter registration system to 
        facilitate voter registration and to provide a central database 
        containing voter registration information from around the 
        state.  The system must be accessible to the county auditor of 
        each county in the state.  The system must also: 
           (1) provide for voters to submit their voter registration 
        applications to any county auditor, the secretary of state, or 
        the Department of Public Safety; 
           (2) provide for the definition, establishment, and 
        maintenance of a central database for all voter registration 
        information; 
           (3) provide for entering data into the statewide 
        registration system; 
           (4) provide for electronic transfer of completed voter 
        registration applications from the Department of Public Safety 
        to the secretary of state or the county auditor; 
           (5) assign a unique identifier to each legally registered 
        voter in the state; 
           (6) provide for the acceptance of the Minnesota driver's 
        license number, Minnesota state identification number, and last 
        four digits of the Social Security number for each voter record; 
           (7) coordinate with other agency databases within the 
        state; 
           (8) allow county auditors and the secretary of state to add 
        or modify information in the system to provide for accurate and 
        up-to-date records; 
           (9) allow county auditors, municipal and school district 
        clerks, and the secretary of state to have electronic access to 
        the statewide registration system for review and search 
        capabilities; 
           (10) provide security and protection of all information in 
        the statewide registration system and ensure that unauthorized 
        access is not allowed; 
           (11) provide access to municipal clerks to use the system; 
           (12) provide a system for each county to identify the 
        precinct to which a voter should be assigned for voting 
        purposes; 
           (13) provide daily reports accessible by county auditors on 
        the driver's license numbers, state identification numbers, or 
        last four digits of the Social Security numbers submitted on 
        voter registration applications that have been verified as 
        accurate by the secretary of state; and 
           (14) provide reports on the number of absentee ballots 
        transmitted to and returned and cast by voters under section 
        203B.16. 
           The appropriate state or local official shall provide 
        security measures to prevent unauthorized access to the 
        computerized list established under section 201.021.  
           Subd. 2.  [RULES.] The secretary of state shall make 
        permanent rules necessary to administer the system required in 
        subdivision 1.  The rules must at least:  
           (1) provide for voters to submit their registration to any 
        county auditor, the secretary of state, or the Department of 
        Public Safety; 
           (2) provide for the establishment and maintenance of a 
        central database for all voter registration information; 
           (3) provide procedures for entering data into the statewide 
        registration system; 
           (4) provide for interaction with the computerized driver's 
        license records of the Department of Public Safety; 
           (5) allow the offices of all county auditors and the 
        secretary of state to add, modify, and delete information from 
        the system to provide for accurate and up-to-date records; 
           (6) allow the offices of all county auditors and the 
        Secretary of State's Office to have access to the statewide 
        registration system for review and search capabilities; 
           (7) provide security and protection of all information in 
        the statewide registration system and to ensure that 
        unauthorized entry is not allowed; 
           (8) provide a system for each county to identify the 
        precinct to which a voter should be assigned for voting 
        purposes; and 
           (9) prescribe a procedure for the return of completed voter 
        registration forms from the Department of Public Safety to the 
        secretary of state or the county auditor. 
           Sec. 3.  Minnesota Statutes 2002, section 201.061, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PRIOR TO ELECTION DAY.] At any time except 
        during the 20 days immediately preceding any election, an 
        eligible voter or any individual who will be an eligible voter 
        at the time of the next election may register to vote in the 
        precinct in which the voter maintains residence by completing 
        a voter registration card application as described in section 
        201.071, subdivision 1, and submitting it in person or by mail 
        to the county auditor of that county or to the Secretary of 
        State's Office.  A registration that is received no later than 
        5:00 p.m. on the 21st day preceding any election shall be 
        accepted.  An improperly addressed or delivered 
        registration card application shall be forwarded within two 
        working days after receipt to the county auditor of the county 
        where the voter maintains residence.  A state or local agency or 
        an individual that accepts completed voter registration 
        cards applications from a voter must submit the completed cards 
        applications to the secretary of state or the appropriate county 
        auditor within ten days after the cards applications are dated 
        by the voter. 
           For purposes of this section, mail registration is defined 
        as a voter registration application delivered to the secretary 
        of state, county auditor, or municipal clerk by the United 
        States Postal Service or a commercial carrier. 
           Sec. 4.  Minnesota Statutes 2002, section 201.061, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [INCOMPLETE REGISTRATION BY MAIL.] If the county 
        auditor determines that a voter who has submitted a voter 
        registration application by mail has not previously voted in 
        this state for a federal office and has also not presented a 
        document authorized for election day registration in section 
        201.061, subdivision 3, to the auditor, and the county auditor 
        is unable to verify the voter's driver's license, state 
        identification, or last four digits of the voter's Social 
        Security number as provided by the voter on the voter 
        registration application, then the county auditor must notify 
        the voter that the registration is incomplete and to complete 
        registration by using one of the following methods: 
           (1) presenting to the auditor more than 20 days before the 
        election a document authorized for election day registration in 
        section 201.061, subdivision 3; 
           (2) registering in person before or on election day; 
           (3) if voting by absentee ballot or by mail, following 
        election day registration procedures for absentee voters as 
        described in section 203B.04, subdivision 4; or 
           (4) providing proof of residence by any of the methods 
        authorized for election day registration in section 201.061, 
        subdivision 3. 
           Sec. 5.  Minnesota Statutes 2002, section 201.061, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ELECTION DAY REGISTRATION.] An individual who is 
        eligible to vote may register on election day by appearing in 
        person at the polling place for the precinct in which the 
        individual maintains residence, by completing a 
        registration card application, making an oath in the form 
        prescribed by the secretary of state and providing proof of 
        residence.  An individual may prove residence for purposes of 
        registering by: 
           (1) showing presenting a driver's license or Minnesota 
        identification card issued pursuant to section 171.07; 
           (2) showing presenting any document approved by the 
        secretary of state as proper identification; 
           (3) showing presenting one of the following: 
           (i) a current valid student identification card from a 
        postsecondary educational institution in Minnesota, if a list of 
        students from that institution has been prepared under section 
        135A.17 and certified to the county auditor in the manner 
        provided in rules of the secretary of state; or 
           (ii) a current student fee statement that contains the 
        student's valid address in the precinct together with a picture 
        identification card; or 
           (4) having a voter who is registered to vote in the 
        precinct sign an oath in the presence of the election judge 
        vouching that the voter personally knows that the individual is 
        a resident of the precinct.  A voter who has been vouched for on 
        election day may not sign a proof of residence oath vouching for 
        any other individual on that election day; or. 
           (5) For tribal band members living on an Indian 
        reservation, an individual may prove residence for purposes of 
        registering by showing presenting an identification card issued 
        by the tribal government of a tribe recognized by the Bureau of 
        Indian Affairs, United States Department of the Interior, that 
        contains the name, street address, signature, and picture of the 
        individual.  The county auditor of each county having territory 
        within the reservation shall maintain a record of the number of 
        election day registrations accepted under this section. 
           A county, school district, or municipality may require that 
        an election judge responsible for election day registration 
        initial each completed registration card application.  
           Sec. 6.  Minnesota Statutes 2002, section 201.071, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FORM.] A voter registration card 
        application must be of suitable size and weight for mailing and 
        contain spaces for the following required information:  voter's 
        first name, middle name, and last name; voter's previous name, 
        if any; voter's current address; voter's previous address, if 
        any; voter's date of birth; voter's municipality and county of 
        residence; voter's telephone number, if provided by the voter; 
        date of registration; current and valid Minnesota driver's 
        license number or Minnesota state identification number, or if 
        the voter has no current and valid Minnesota driver's license or 
        Minnesota state identification, the last four digits of the 
        voter's Social Security number; and voter's signature.  The 
        registration application may include the voter's e-mail address, 
        if provided by the voter, and the voter's interest in serving as 
        an election judge, if indicated by the voter.  The card 
        application must also contain a the following certification of 
        voter eligibility.: 
           "I certify that I: 
           (1) will be at least 18 years old on election day; 
           (2) am a citizen of the United States; 
           (3) will have resided in Minnesota for 20 days immediately 
        preceding election day; 
           (4) maintain residence at the address given on the 
        registration form; 
           (5) am not under court-ordered guardianship of the person 
        where I have not retained the right to vote; 
           (6) have not been found by a court to be legally 
        incompetent to vote; 
           (7) have not been convicted of a felony without having my 
        civil rights restored; and 
           (8) have read and understand the following statement:  that 
        giving false information is a felony punishable by not more than 
        five years imprisonment or a fine of not more than $10,000, or 
        both." 
           The certification must include boxes for the voter to 
        respond to the following questions:  
           "(1) Are you a citizen of the United States?" and 
           "(2) Will you be 18 years old on or before election day?" 
           And the instruction: 
           "If you checked 'no' to either of these questions, do not 
        complete this form." 
           The form of the voter registration card application and the 
        certification of voter eligibility must be as provided in the 
        rules of the secretary of state this subdivision and approved by 
        the secretary of state.  Voter registration forms authorized by 
        the National Voter Registration Act may also be accepted as 
        valid. 
           An individual may use a voter registration application to 
        apply to register to vote in Minnesota or to change information 
        on an existing registration. 
           Sec. 7.  Minnesota Statutes 2002, section 201.071, 
        subdivision 2, is amended to read: 
           Subd. 2.  [INSTRUCTIONS.] A registration card application 
        shall be accompanied by instructions specifying the manner and 
        method of registration, the qualifications for voting, the 
        penalties for false registration, and the availability of 
        registration and voting assistance for elderly and handicapped 
        individuals and residents of health care facilities and 
        hospitals.  The instructions must indicate that if the voter 
        does not have a valid Minnesota driver's license or 
        identification card, the last four digits of the voter's Social 
        Security number must be provided, unless the voter does not have 
        a Social Security number.  If, prior to election day, a person 
        requests the instructions in Braille, on cassette tape, or in a 
        version printed in 16-point bold type with heavy 24-point 
        leading, the county auditor shall provide them in the form 
        requested.  The secretary of state shall prepare Braille and 
        cassette copies and make them available.  
           Sec. 8.  Minnesota Statutes 2002, section 201.071, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DEFICIENT REGISTRATION.] No voter registration 
        application is deficient if it contains the voter's name, 
        address, date of birth, current and valid Minnesota driver's 
        license number or Minnesota state identification number, or if 
        the voter has no current and valid Minnesota driver's license or 
        Minnesota state identification number, the last four digits of 
        the voter's Social Security number, if the voter has been issued 
        a Social Security number, prior registration, if any, and 
        signature.  The absence of a zip code number does not cause the 
        registration to be deficient.  Failure to check a box on an 
        application form that a voter has certified to be true does not 
        cause the registration to be deficient.  The election judges 
        shall request an individual to correct a voter registration card 
        application if it is deficient or illegible or if the name or 
        number of the voter's school district is missing or obviously 
        incorrect.  No eligible voter may be prevented from voting 
        unless the voter's registration card application is deficient or 
        the voter is duly and successfully challenged in accordance with 
        section 201.195 or 204C.12. 
           A voter registration card application accepted prior to 
        August 1, 1983, is not deficient for lack of date of birth.  The 
        county or municipality may attempt to obtain the date of birth 
        for a voter registration card application accepted prior to 
        August 1, 1983, by a request to the voter at any time except at 
        the polling place.  Failure by the voter to comply with this 
        request does not make the registration deficient.  
           A voter registration application accepted before January 1, 
        2004, is not deficient for lack of a valid Minnesota driver's 
        license or state identification number or the last four digits 
        of a Social Security number.  A voter registration application 
        submitted by a voter who does not have a Minnesota driver's 
        license or state identification number, or a Social Security 
        number, is not deficient for lack of any of these numbers. 
           Sec. 9.  Minnesota Statutes 2002, section 201.091, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PUBLIC INFORMATION LISTS.] The county auditor 
        shall make available for inspection a public information list 
        which must contain the name, address, year of birth, and voting 
        history of each registered voter in the county.  The telephone 
        number must be included on the list if provided by the voter.  
        The public information list may also include information on 
        voting districts.  The county auditor may adopt reasonable rules 
        governing access to the list.  No individual inspecting the 
        public information list shall tamper with or alter it in any 
        manner.  No individual who inspects the public information list 
        or who acquires a list of registered voters prepared from the 
        public information list may use any information contained in the 
        list for purposes unrelated to elections, political activities, 
        or law enforcement.  The secretary of state may provide copies 
        of the public information lists and other information from the 
        statewide registration system for uses related to elections, 
        political activities, or in response to a law enforcement 
        inquiry from a public official concerning a failure to comply 
        with any criminal statute or any state or local tax statute. 
           Before inspecting the public information list or obtaining 
        a list of voters or other information from the list, the 
        individual shall provide identification to the public official 
        having custody of the public information list and shall state in 
        writing that any information obtained from the list will not be 
        used for purposes unrelated to elections, political activities, 
        or law enforcement.  Requests to examine or obtain information 
        from the public information lists or the statewide registration 
        system must be made and processed in the manner provided in the 
        rules of the secretary of state. 
           Upon receipt of a written request and a copy of the court 
        order, the secretary of state may must withhold from the public 
        information list the name of any registered voter placed under 
        court-ordered protection. 
           Sec. 10.  Minnesota Statutes 2002, section 201.091, 
        subdivision 5, is amended to read: 
           Subd. 5.  [COPY OF LIST TO REGISTERED VOTER.] The county 
        auditors and the secretary of state shall provide paper copies 
        of the public information lists and may provide the lists in 
        some other form in electronic or other media to any voter 
        registered in Minnesota within ten days of receiving a written 
        request accompanied by payment of the cost of reproduction.  The 
        county auditors and the secretary of state shall make a copy of 
        the list available for public inspection without cost.  An 
        individual who inspects or acquires a copy of a public 
        information list may not use any information contained in it for 
        purposes unrelated to elections, political activities, or law 
        enforcement.  No list made available for public inspection or 
        purchase may include the date of birth of a registered voter. 
           Sec. 11.  Minnesota Statutes 2002, section 201.091, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [RESTRICTED DATA.] A list provided for public 
        inspection or purchase, for jury selection, or in response to a 
        law enforcement inquiry, must not include a voter's date of 
        birth or any part of a voter's Social Security number, driver's 
        license number, or identification card number. 
           Sec. 12.  Minnesota Statutes 2002, section 201.121, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ENTRY OF REGISTRATION INFORMATION.] 
        (a) Upon receiving At the time a voter registration card 
        application is properly completed and, submitted, and received 
        in accordance with sections 201.061 and 201.071, the county 
        auditor shall enter in the information contained on it into the 
        statewide registration system the information contained on it.  
        Voter registration cards applications completed before election 
        day must be entered into the statewide registration system 
        within ten days after they have been submitted to the county 
        auditor.  Voter registration applications completed on election 
        day must be entered into the statewide registration system 
        within 42 days after the election, unless the county auditor 
        notifies the secretary of state before the 42-day deadline has 
        expired that the deadline will not be met. 
           (b) Upon receiving a completed voter registration card or 
        form application, the secretary of state may electronically 
        transmit the information on the card or form application to the 
        appropriate county auditor as soon as possible for review by the 
        county auditor before final entry into the statewide 
        registration system.  The secretary of state may mail the voter 
        registration card or form application to the county auditor.  
           (c) Within ten days after the county auditor has entered 
        information from a voter registration application into the 
        statewide registration system, the secretary of state shall 
        compare the voter's name, date of birth, and driver's license 
        number, state identification number, or the last four digits of 
        the Social Security number with the same information contained 
        in the Department of Public Safety database.  
           (d) The secretary of state shall provide a report to the 
        county auditor on a weekly basis that includes a list of voters 
        whose name, date of birth, or identification number have been 
        compared with the same information in the Department of Public 
        Safety database and cannot be verified as provided in this 
        subdivision.  The report must list separately those voters who 
        have submitted a voter registration application by mail and have 
        not voted in a federal election in this state. 
           (e) The county auditor shall compile a list of voters for 
        whom the county auditor and the secretary of state are unable to 
        conclude that information on the voter registration application 
        and the corresponding information in the Department of Public 
        Safety database relate to the same person. 
           (f) The county auditor shall send a notice of incomplete 
        registration to any voter whose name appears on the list and 
        change the voter's status to "incomplete."  A voter who receives 
        a notice of incomplete registration from the county auditor may 
        either provide the information required to complete the 
        registration at least 21 days before the next election or at the 
        polling place on election day. 
           Sec. 13.  Minnesota Statutes 2002, section 201.13, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMMISSIONER OF HEALTH, REPORTS OF 
        DECEASED RESIDENTS.] Pursuant to the Help America Vote Act of 
        2002, Public Law 107-252, the commissioner of health shall 
        report monthly by electronic means to the secretary of state the 
        name, address, date of birth, and county of residence of each 
        individual 18 years of age or older who has died while 
        maintaining residence in Minnesota since the last previous 
        report.  The secretary of state shall determine if any of the 
        persons listed in the report are registered to vote and shall 
        prepare a list of those registrants for each county auditor.  
        Within 60 days after receiving the list from the secretary of 
        state, the county auditor shall change the status of those 
        registrants to "deceased" in the statewide registration system. 
           Sec. 14.  Minnesota Statutes 2002, section 201.15, as 
        amended by Laws 2003, chapter 12, article 2, section 3, is 
        amended to read: 
           201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 
        COMMITMENTS.] 
           Subdivision 1.  [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 
        to the Help America Vote Act of 2002, Public Law 107-252, the 
        state court administrator shall report monthly by electronic 
        means to the secretary of state the name, address, and date of 
        birth of each individual 18 years of age or over, who during the 
        month preceding the date of the report:  
           (a) was placed under a guardianship of the person in which 
        the court order provides that the ward does not retain the right 
        to vote; or 
           (b) was adjudged legally incompetent. 
           The court administrator shall also report the same 
        information for each individual transferred to the jurisdiction 
        of the court who meets a condition specified in clause (a) or 
        (b).  The secretary of state shall determine if any of the 
        persons in the report is registered to vote and shall prepare a 
        list of those registrants for the county auditor.  The county 
        auditor shall change the status on the record in the statewide 
        registration system of any individual named in the report to 
        indicate that the individual is not eligible to reregister or 
        vote. 
           Subd. 2.  [RESTORATION TO CAPACITY.] Pursuant to the Help 
        America Vote Act of 2002, Public Law 107-252, the state court 
        administrator shall report monthly by electronic means to the 
        secretary of state the name, address, and date of birth of each 
        individual transferred from guardianship to conservatorship or 
        who is restored to capacity by the court after being ineligible 
        to vote for any of the reasons specified in subdivision 1.  The 
        secretary of state shall determine if any of the persons in the 
        report is registered to vote and shall prepare a list of those 
        registrants for the county auditor.  The county auditor shall 
        change the status on the voter's record in the statewide 
        registration system to "active."  
           Sec. 15.  Minnesota Statutes 2002, section 201.155, is 
        amended to read: 
           201.155 [REPORT ON FELONY CONVICTIONS.] 
           Pursuant to the Help America Vote Act of 2002, Public Law 
        107-252, the state court administrator shall report monthly by 
        electronic means to the secretary of state the name, address, 
        date of birth, date of sentence, effective date of the sentence, 
        and county in which the conviction occurred of each person who 
        has been convicted of a felony.  The state court administrator 
        shall also report the name, address, and date of birth of each 
        person previously convicted of a felony whose civil rights have 
        been restored.  The secretary of state shall determine if any of 
        the persons in the report is registered to vote and shall 
        prepare a list of those registrants for each county auditor.  
        The county auditor shall change the status of those registrants 
        in the appropriate manner in the statewide registration system. 
           Sec. 16.  Minnesota Statutes 2002, section 201.161, is 
        amended to read: 
           201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 
        APPLICATIONS.] 
           The Department of Public Safety shall change its 
        applications for an original, duplicate, or change of address 
        driver's license or identification card so that the forms may 
        also serve as voter registration cards applications.  The forms 
        must contain spaces for the information required in section 
        201.071, subdivision 1, and applicable rules of the secretary of 
        state.  Applicants for driver's licenses or identification cards 
        must be asked if they want to register to vote at the same 
        time and that information must be transmitted at least weekly by 
        electronic means to the secretary of state.  A copy of each 
        application containing a completed voter registration must be 
        sent to the county auditor of the county in which the voter 
        maintains residence or to the secretary of state as soon as 
        possible.  Pursuant to the Help America Vote Act of 2002, Public 
        Law 107-252, the computerized driver's license record 
        information relating to containing the voter's name, address, 
        date of birth, driver's license number or state identification 
        number, county, town, and city must be made available for access 
        by the secretary of state and interaction with the statewide 
        voter registration system.  
           Sec. 17.  [201.1615] [INFORMATION SHARING; USE OF SOCIAL 
        SECURITY NUMBER.] 
           The secretary of state shall enter into an agreement with 
        the commissioner of public safety to match information in the 
        statewide voter registration system with information in the 
        Department of Public Safety database to verify the accuracy of 
        the information provided on applications for voter registrations.
           The commissioner of public safety shall enter into an 
        agreement with the commissioner of the United States Social 
        Security Administration under section 205(r)(8) of the Social 
        Security Act to allow the use of the last four digits of the 
        Social Security number to be used to verify voter registration 
        information, to ensure the maintenance of the confidentiality of 
        any applicable information disclosed, and to establish 
        procedures to permit the department to use the information for 
        purposes of maintaining its records. 
           Sec. 18.  Minnesota Statutes 2002, section 201.171, is 
        amended to read: 
           201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 
        REGISTRATION REMOVED.] 
           Within six weeks after every election, the county auditor 
        shall post the voting history for every person who voted in the 
        election.  After the close of the calendar year, the secretary 
        of state shall determine if any registrants have not voted 
        during the preceding four years and.  The secretary of state 
        shall change perform list maintenance by changing the status of 
        those registrants to "inactive" in the statewide registration 
        system.  The list maintenance performed must be conducted in a 
        manner that ensures that the name of each registered voter 
        appears in the official list of eligible voters in the statewide 
        registration system.  A voter must not be removed from the 
        official list of eligible voters unless the voter is not 
        eligible or is not registered to vote.  List maintenance must 
        include procedures for eliminating duplicate names from the 
        official list of eligible voters.  
           The secretary of state shall also prepare a report to the 
        county auditor containing the names of all registrants whose 
        status was changed to "inactive." 
           Although not counted in an election, a late absentee ballot 
        must be considered a vote for the purpose of continuing 
        registration.  
           Sec. 19.  Minnesota Statutes 2002, section 201.221, 
        subdivision 2, is amended to read: 
           Subd. 2.  [UNIFORM PROCEDURES FOR COUNTIES.] The secretary 
        of state shall assist local election officers by devising 
        uniform forms and procedures.  The secretary of state shall 
        provide uniform rules for maintaining voter registration records 
        on the statewide registration system.  The secretary of state 
        shall supervise the development and use of the statewide 
        registration system to insure that it conforms to applicable 
        federal and state laws and rules.  
           Sec. 20.  Minnesota Statutes 2002, section 201.221, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROCEDURES FOR POLLING PLACE ROSTERS.] The 
        secretary of state shall prescribe the form of polling place 
        rosters that include the voter's name, address, date of birth, 
        school district number, and space for the voter's 
        signature.  The secretary of state may prescribe additional 
        election-related information to be placed on the polling place 
        rosters on an experimental basis for one state primary and 
        general election cycle; the same information may not be placed 
        on the polling place roster for a second state primary and 
        general election cycle unless specified in this subdivision.  
        The polling place roster must be used to indicate whether the 
        voter has voted in a given election.  The secretary of state 
        shall prescribe procedures for transporting the polling place 
        rosters to the election judges for use on election day.  The 
        secretary of state shall prescribe the form for a county or 
        municipality to request the date of birth from currently 
        registered voters.  The county or municipality shall not request 
        the date of birth from currently registered voters by any 
        communication other than the prescribed form and the form must 
        clearly indicate that a currently registered voter does not lose 
        registration status by failing to provide the date of birth.  In 
        accordance with section 204B.40, the county auditor shall retain 
        the prescribed polling place rosters used on the date of 
        election for one year 22 months following the election.  
           Sec. 21.  Minnesota Statutes 2002, section 203B.06, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REGISTRATION CHECK.] Upon receipt of an 
        application for ballots, the county auditor, municipal clerk, or 
        election judge acting pursuant to section 203B.11, who receives 
        the application shall determine whether the applicant is a 
        registered voter.  If the applicant is not registered to vote, 
        the county auditor, municipal clerk or election judge shall 
        include a voter registration card application among the election 
        materials provided to the applicant.  
           Sec. 22.  Minnesota Statutes 2002, section 203B.08, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROCEDURES ON RECEIPT OF BALLOTS.] When absentee 
        ballots are returned to a county auditor or municipal clerk, 
        that official shall stamp and date the return envelope with an 
        official seal of the office and place it in a secure location 
        with other return envelopes received by that office.  The county 
        auditor or municipal clerk shall deliver them to the appropriate 
        election judges on election day all ballots received before or 
        with the last mail delivery by the United States Postal Service 
        on election day.  A town clerk may request the United States 
        Postal Service to deliver absentee ballots to the polling place 
        on election day instead of to the official address of the town 
        clerk.  
           Sec. 23.  Minnesota Statutes 2002, section 203B.12, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXAMINATION OF RETURN ENVELOPES.] Two or more 
        election judges shall examine each return envelope and shall 
        mark it accepted or rejected in the manner provided in this 
        subdivision.  If a ballot has been prepared under section 
        204B.12, subdivision 2a, or 204B.41, the election judges shall 
        not begin removing ballot envelopes from the return envelopes 
        until 8:00 p.m. on election day, either in the polling place or 
        at an absentee ballot board established under section 203B.13. 
           The election judges shall mark the return envelope 
        "Accepted" and initial or sign the return envelope below the 
        word "Accepted" if the election judges or a majority of them are 
        satisfied that:  
           (1) the voter's name and address on the return envelope are 
        the same as the information provided on the absentee ballot 
        application; 
           (2) the voter's signature on the return envelope is the 
        genuine signature of the individual who made the application for 
        ballots and the certificate has been completed as prescribed in 
        the directions for casting an absentee ballot; 
           (3) the voter is registered and eligible to vote in the 
        precinct or has included a properly completed voter registration 
        card application in the return envelope; and 
           (4) the voter has not already voted at that election, 
        either in person or by absentee ballot.  
           The return envelope from accepted ballots must be preserved 
        and returned to the county auditor.  
           If all or a majority of the election judges examining 
        return envelopes find that an absent voter has failed to meet 
        one of the requirements prescribed in clauses (1) to (4), they 
        shall mark the return envelope "Rejected," initial or sign it 
        below the word "Rejected," and return it to the county auditor.  
           Sec. 24.  Minnesota Statutes 2002, section 203B.16, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [DUTIES OF SECRETARY OF STATE.] The secretary of 
        state shall provide information regarding voter registration and 
        absentee balloting procedures to be used by absent uniformed 
        services voters, their spouses and dependents, and overseas 
        voters. 
           Sec. 25.  Minnesota Statutes 2002, section 203B.17, is 
        amended to read: 
           203B.17 [APPLICATION FOR BALLOT.] 
           Subdivision 1.  [SUBMISSION OF APPLICATION.] (a) An 
        application for absentee ballots for a voter described in 
        section 203B.16 may be submitted in writing or by electronic 
        facsimile device, or by electronic mail upon determination by 
        the secretary of state that security concerns have been 
        adequately addressed.  An application for absentee ballots for a 
        voter described in section 203B.16 may be submitted by that 
        voter or by that voter's parent, spouse, sister, brother, or 
        child over the age of 18 years.  For purposes of an application 
        under this subdivision, a person's Social Security number, no 
        matter how it is designated, qualifies as the person's military 
        identification number if the person is in the military. 
           (b) An application for a voter described in section 
        203B.16, subdivision 1, shall be submitted to the county auditor 
        of the county where the voter maintains residence. 
           (c) An application for a voter described in section 
        203B.16, subdivision 2, shall be submitted to the county auditor 
        of the county where the voter last maintained residence in 
        Minnesota. 
           (d) An application for absentee ballots for a primary shall 
        also constitute an application for absentee ballots for any 
        ensuing be valid for any primary, special primary, general 
        election, or special election conducted during the same calendar 
        year in which from the time the application is received through 
        the next two regularly scheduled general elections for federal 
        office held after the date on which the application is received. 
           (e) There shall be no limitation of time for filing and 
        receiving applications for ballots under sections 203B.16 to 
        203B.27.  
           Subd. 2.  [REQUIRED INFORMATION.] An application shall be 
        accepted if it contains the following information stated under 
        oath:  
           (a) The voter's name, birthdate, and present address of 
        residence in Minnesota, or former address of residence in 
        Minnesota if the voter is living permanently outside the United 
        States; 
           (b) A statement indicating that the voter is in the 
        military, or is the spouse or dependent of an individual serving 
        in the military, or is temporarily outside the territorial 
        limits of the United States, or is living permanently outside 
        the territorial limits of the United States and voting under 
        federal law; 
           (c) A statement that the voter expects to be absent from 
        the precinct at the time of the election; 
           (d) The address to which absentee ballots are to be mailed; 
           (e) The voter's signature or the signature and relationship 
        of the individual authorized to apply on the voter's behalf; and 
           (f) The voter's military identification card number, 
        passport number, or, if the voter does not have a valid passport 
        or identification card, the signed statement of an individual 
        authorized to administer oaths or a commissioned or 
        noncommissioned officer of the military not below the rank of 
        sergeant or its equivalent, certifying that the voter or other 
        individual requesting absentee ballots has attested to the 
        truthfulness of the contents of the application under oath.  
           The oath taken must be the standard oath prescribed by 
        section 101(b)(7) of the Uniformed and Overseas Citizens 
        Absentee Voting Act.  
           A form for providing this information shall be prepared by 
        each county auditor and shall be furnished to individuals who 
        request it pursuant to this section.  
           Sec. 26.  Minnesota Statutes 2002, section 203B.19, is 
        amended to read: 
           203B.19 [RECORDING APPLICATIONS.] 
           Upon accepting an application, the county auditor shall 
        record in the statewide registration system the voter's name, 
        address of present or former residence in Minnesota, mailing 
        address, school district number, and the category under section 
        203B.16, to which the voter belongs whether the voter is in the 
        military or the spouse or dependent of an individual serving in 
        the military, is a voter temporarily outside the territorial 
        limits of the United States, or is living permanently outside 
        the territorial limits of the United States and voting under 
        federal law.  The county auditor shall retain the record 
        for four six years.  A voter whose name is recorded as provided 
        in this section shall not be required to register under any 
        other provision of law in order to vote under sections 203B.16 
        to 203B.27.  Persons from whom applications are not accepted 
        must be notified by the county auditor and provided with the 
        reasons for the rejection. 
           No later than 60 days after the general election, the 
        county auditor shall report to the secretary of state the 
        combined number of absentee ballots transmitted to absent voters 
        described in section 203B.16.  No later than 60 days after the 
        general election, the county auditor shall report to the 
        secretary of state the combined number of absentee ballots 
        returned and cast by absent voters described in section 
        203B.16.  The secretary of state may require the information be 
        reported by category under section 203B.16 or by precinct. 
           No later than 90 days after the general election, the 
        secretary of state shall report to the federal Election 
        Assistance Commission the number of absentee ballots transmitted 
        to voters under section 203B.16. 
           Sec. 27.  Minnesota Statutes 2002, section 203B.24, 
        subdivision 2, is amended to read: 
           Subd. 2.  [VOTING MORE THAN ONCE.] The election judges 
        shall compare the voter's name with the names appearing on their 
        copy of the application records to insure that the voter has not 
        already returned a ballot in the election.  The election judges 
        must indicate on the record whether an absentee ballot was 
        accepted for each applicant whose name appears on the record.  
        If a voter whose application has been recorded under section 
        203B.19 casts a ballot in person on election day, no absentee 
        ballot shall be counted for that voter.  If more than one return 
        envelope is received from a voter whose application has been 
        recorded under section 203B.19, the ballots in the return 
        envelope bearing the latest date shall be counted and the 
        uncounted ballots shall be returned by the election judges with 
        the rejected ballots.  The election judges must preserve the 
        record and return it to the county auditor or municipal clerk 
        with the election day materials. 
           Sec. 28.  Minnesota Statutes 2002, section 203B.26, is 
        amended to read: 
           203B.26 [SEPARATE RECORD.] 
           A separate record of the ballots of absent voters cast 
        under sections 203B.16 to 203B.27 shall must be kept in each 
        precinct.  The content of the record must be in a form 
        prescribed by the secretary of state. 
           Sec. 29.  Minnesota Statutes 2002, section 204B.47, is 
        amended to read: 
           204B.47 [ALTERNATE ALTERNATIVE ELECTION PROCEDURES; DUTIES 
        OF SECRETARY OF STATE.] 
           When a provision of the Minnesota Election Law cannot be 
        implemented as a result of an order of a state or federal court, 
        the secretary of state shall adopt alternate alternative 
        election procedures to permit the administration of any election 
        affected by the order.  The procedures may include the voting 
        and handling of ballots cast after 8:00 p.m. as a result of a 
        state or federal court order or any other order extending the 
        time established by law for closing the polls.  The alternate 
        alternative election procedures remain in effect until the first 
        day of July following the next succeeding final adjournment of 
        the legislature, unless otherwise provided by law or by court 
        order. 
           Sec. 30.  Minnesota Statutes 2002, section 204C.08, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [VOTER'S BILL OF RIGHTS.] The county auditor 
        shall prepare and provide to each polling place sufficient 
        copies of a poster setting forth the Voter's Bill of Rights as 
        set forth in this section.  Before the hours of voting are 
        scheduled to begin, the election judges shall post it in a 
        conspicuous location or locations in the polling place.  The 
        Voter's Bill of Rights is as follows: 
                           "VOTER'S BILL OF RIGHTS
           For all persons residing in this state who meet federal 
        voting eligibility requirements: 
           (1) You have the right to be absent from work for the 
        purpose of voting during the morning of election day.  
           (2) If you are in line at your polling place any time 
        between 7:00 a.m. and 8:00 p.m., you have the right to vote.  
           (3) If you can provide the required proof of residence, you 
        have the right to register to vote and to vote on election day.  
           (4) If you are unable to sign your name, you have the right 
        to orally confirm your identity with an election judge and to 
        direct another person to sign your name for you. 
           (5) You have the right to request special assistance when 
        voting.  
           (6) If you need assistance, you may be accompanied into the 
        voting booth by a person of your choice, except by an agent of 
        your employer or union or a candidate.  
           (7) You have the right to bring your minor children into 
        the polling place and into the voting booth with you.  
           (8) If you have been convicted of a felony but your civil 
        rights have been restored, you have the right to vote.  
           (9) You have the right to vote without anyone in the 
        polling place trying to influence your vote.  
           (10) If you make a mistake or spoil your ballot before it 
        is submitted, you have the right to receive a replacement ballot 
        and vote.  
           (11) You have the right to file a written complaint at your 
        polling place if you are dissatisfied with the way an election 
        is being run.  
           (12) You have the right to take a sample ballot into the 
        voting booth with you.  
           (13) You have the right to take a copy of this Voter's Bill 
        of Rights into the voting booth with you." 
           Sec. 31.  Minnesota Statutes 2002, section 204C.10, is 
        amended to read: 
           204C.10 [PERMANENT REGISTRATION; VERIFICATION OF 
        REGISTRATION.] 
           (a) 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 maintains residence at the address shown, is 
        not under a guardianship of the person in which the individual 
        has not retained the right to vote, 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.  The roster must also 
        state:  "I understand that deliberately providing false 
        information is a felony punishable by not more than five years 
        imprisonment and a fine of not more than $10,000, or both."  
           (b) A judge may, before the applicant signs the roster, 
        confirm the applicant's name, address, and date of birth.  
           (c) 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 voters' receipts must be 
        maintained during the time for notice of filing an election 
        contest. 
           Sec. 32.  Minnesota Statutes 2002, section 206.57, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [VOTING SYSTEM FOR DISABLED VOTERS.] After 
        December 31, 2005, the voting method used in each polling place 
        must include a voting system that is accessible for individuals 
        with disabilities, including nonvisual accessibility for the 
        blind and visually impaired in a manner that provides the same 
        opportunity for access and participation, including privacy and 
        independence, as for other voters. 
           Sec. 33.  Minnesota Statutes 2002, section 206.57, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [REQUIRED CERTIFICATION.] In addition to the 
        requirements in subdivision 1, a voting system must be certified 
        by an independent testing authority approved by the secretary of 
        state and conform to current standards for voting equipment 
        issued by the Federal Election Commission or its successor, the 
        Election Assistance Commission. 
           Sec. 34.  Minnesota Statutes 2002, section 206.81, is 
        amended to read: 
           206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 
           (a) The secretary of state may license approve an 
        electronic voting system for experimental use at an election 
        prior to its approval for general use. 
           (b) The secretary of state must license approve one or more 
        touch-sensitive direct recording electronic voting systems for 
        experimental use at an election before their approval for 
        general use and may impose restrictions on their use.  At least 
        one voting system licensed approved under this paragraph must 
        permit sighted persons to vote and at least one system must 
        permit a blind or visually impaired voter to cast a ballot 
        independently and privately.  
           (c) Experimental use must be observed by the secretary of 
        state or the secretary's designee and the results observed must 
        be considered at any subsequent proceedings for approval for 
        general use. 
           (d) The secretary of state may adopt rules consistent with 
        sections 206.55 to 206.90 relating to experimental use.  The 
        extent of experimental use must be determined by the secretary 
        of state. 
           Sec. 35.  [AGREEMENTS.] 
           Subdivision 1.  [COMMISSIONER OF HEALTH.] The secretary of 
        state and the commissioner of health shall determine by mutual 
        agreement the means to electronically transfer death records 
        between agency systems.  The secretary of state shall make the 
        records of deceased registered voters in the county available to 
        the county auditor by July 1, 2004. 
           Subd. 2.  [STATE COURT ADMINISTRATOR.] The secretary of 
        state and the state court administrator shall determine by 
        mutual agreement the means to transfer to the secretary of state 
        the names of registered voters who have been convicted of a 
        felony, placed under guardianship of the person, declared 
        legally incompetent, or have had their civil rights restored.  
        The secretary of state shall make the records of affected voters 
        in the county available to the county auditor by July 1, 2004.  
           Subd. 3.  [COMMISSIONER OF PUBLIC SAFETY.] The commissioner 
        of public safety and the secretary of state shall determine by 
        mutual agreement the means to electronically transfer driver's 
        license records between agency systems.  The secretary of state 
        shall make the records of those eligible voters in the county 
        who have indicated their intent to register to vote available to 
        the county auditor by July 1, 2004. 
           Sec. 36.  [REPORT.] 
           The secretary of state must send a copy of the report 
        required by section 258 of the Help America Vote Act, Public Law 
        107-252, to the chairs and ranking members of the finance 
        committees in the house of representatives and the senate having 
        jurisdiction over the budget of the Office of the Secretary of 
        State. 
           Sec. 37.  [FAILURE TO VERIFY VOTER INFORMATION.] 
           Subdivision 1.  [DRIVER'S LICENSE OR STATE IDENTIFICATION 
        NUMBER.] A voter must not be included on the list of voters 
        prepared under Minnesota Statutes, section 201.121, subdivision 
        1, whose registration is incomplete because of a failure to 
        match the voter's driver's license or state identification 
        number until the secretary of state has: 
           (1) entered into an agreement with the commissioner of 
        public safety to electronically transfer driver's license 
        records between their agency systems in order to be able to 
        verify voter registration information; and 
           (2) certified that the voter registration system has been 
        tested and shown to properly verify a voter's driver's license 
        or state identification number. 
           Subd. 2.  [SOCIAL SECURITY NUMBER.] A voter must not be 
        included on the list of voters prepared under Minnesota 
        Statutes, section 201.121, subdivision 1, whose registration is 
        incomplete because of a failure to match the last four digits of 
        the voter's Social Security number until the commissioner of 
        public safety has: 
           (1) entered into an agreement with the commissioner of the 
        Social Security Administration under Minnesota Statutes, section 
        201.1615, regarding the use of the last four digits of a Social 
        Security number to verify voter registration information; 
           (2) assembled a complete and current database of the last 
        four digits of the Social Security number of each resident of 
        this state as maintained by the Social Security Administration; 
        and 
           (3) certified, along with the secretary of state, that the 
        voter registration system has been tested and shown to properly 
        verify the last four digits of a voter's Social Security number. 
           Subd. 3.  [CERTIFICATION PROHIBITED.] The certification 
        required by subdivision 1 or 2 must not be made within 45 days 
        before the state primary or general election. 
           Sec. 38.  [VOTER REGISTRATION SYSTEM AVAILABILITY.] 
           The voter and election management system maintained by the 
        secretary of state to meet the requirements of Minnesota 
        Statutes, section 201.022, must be maintained and remain 
        available to the secretary of state and county auditors for 
        view-only access until January 1, 2005. 
           Sec. 39.  [RULES.] 
           Enactment of this article is good cause for the secretary 
        of state to use the authority of Minnesota Statutes, section 
        14.388, to adopt, amend, or repeal rules as necessary to comply 
        in a timely manner with the changes in statute contained in this 
        act or to comply with the federal Help America Vote Act of 2002, 
        Public Law 107-252. 
           Sec. 40.  [MAINTENANCE OF EFFORT.] 
           The state or a unit of local government receiving federal 
        funds or equipment purchased with federal funds pursuant to the 
        Help America Vote Act (P.L. 107-252) must maintain the 
        expenditures of the state or the local unit of government for 
        activities funded by the federal funds or for equipment 
        expenditures at a level that is not less than the level of 
        expenditures maintained by the state or the local unit of 
        government for the fiscal year ending immediately preceding 
        November 2000. 
           Sec. 41.  [EFFECTIVE DATE.] 
           This article is effective retroactively from January 1, 
        2004. 

                                   ARTICLE 2
                   ELECTIONS ADMINISTRATION TECHNICAL CHANGES
           Section 1.  Minnesota Statutes 2002, section 5.08, is 
        amended to read: 
           5.08 [LEGISLATIVE MANUAL.] 
           Subdivision 1.  [PREPARATION.] The secretary of state shall 
        prepare, compile, edit, and distribute for use at each regular 
        legislative session, a convenient manual, properly indexed, and 
        containing:  The federal and state constitutions; the acts of 
        Congress relating to the organization of the territory and 
        state; the rules of order and joint rules of the two houses, and 
        lists of their members, committees and employees; the names of 
        all state officials, whether elected or appointed, and of all 
        persons holding office from this state under the national 
        government, including postmasters appointed by the president; 
        the places where the said several officials reside, and the 
        annual compensation of each; and statistical and other 
        information of the kind heretofore published in the legislative 
        manuals. 
           Subd. 2.  [DISTRIBUTION.] 15,000 10,000 copies of the 
        legislative manual shall be printed and distributed as follows: 
           (1) up to 25 20 copies shall be available to each member of 
        the legislature on request; 
           (2) 50 copies to the State Historical Society; 
           (3) 25 copies to the state university; 
           (4) 60 copies to the state library; 
           (5) two copies each to the Library of Congress, the 
        Minnesota veterans home homes, the state universities, the state 
        high schools, the public academies, seminaries, and colleges of 
        the state, and the free public libraries of the state; 
           (6) one copy each to other state institutions, the elective 
        state officials, the appointed heads of departments, the 
        officers and employees of the legislature, the justices of the 
        Supreme Court, the judges of the Court of Appeals and the 
        district court, the senators and representatives in Congress 
        from this state, and the county auditors, recorders, and county 
        attorneys; 
           (7) one copy to each public school, to be distributed 
        through the superintendent of each school district; and 
           (8) the remainder may be disposed of as the secretary of 
        state deems best. 
           Sec. 2.  Minnesota Statutes 2002, section 15.0597, 
        subdivision 2, is amended to read: 
           Subd. 2.  [COLLECTION OF DATA.] The chair of an existing 
        agency or the chair's designee, or the appointing authority for 
        the members of a newly created agency, shall provide the 
        secretary, on forms in an electronic format prepared and 
        distributed by the secretary, with the following data pertaining 
        to that agency: 
           (1) the name of the agency, its mailing address, and 
        telephone number; 
           (2) the legal authority for the creation of the agency and 
        the name of the person appointing agency members; 
           (3) the powers and duties of the agency; 
           (4) the number of authorized members, together with any 
        prescribed restrictions on eligibility such as employment 
        experience or geographical representation; 
           (5) the dates of commencement and expiration of the 
        membership terms and the expiration date of the agency, if any; 
           (6) the compensation of members, and appropriations or 
        other funds available to the agency; 
           (7) the regular meeting schedule, if any, and approximate 
        number of hours per month of meetings or other activities 
        required of members; 
           (8) the roster of current members, including mailing 
        addresses, electronic mail addresses, and telephone numbers; and 
           (9) a breakdown of the membership showing distribution by 
        county, legislative district, and congressional district, and, 
        only if the member has voluntarily supplied the information, the 
        sex, political party preference or lack of party preference, 
        race, and national origin of the members. 
           The secretary may provide for require the submission of 
        data in accordance with this subdivision by electronic means.  
        The publication requirement under clause (8) may be met by 
        publishing a member's home or business address and telephone 
        number, the address and telephone number of the agency to which 
        the member is appointed, the member's electronic mail address, 
        if provided, or any other information that would enable the 
        public to communicate with the member. 
           Sec. 3.  Minnesota Statutes 2002, section 15.0597, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PUBLICATION OF AGENCY DATA.] The secretary of 
        state shall provide for annual updating of the required data and 
        shall annually arrange for the publication in the State Register 
        on the Web site of the secretary of state of the compiled data 
        from all agencies on or about October 15 of each year.  Copies 
        of The compilation must be electronically delivered to the 
        governor and the legislature.  Paper copies of the compilation 
        must be made available by the secretary to any interested person 
        at cost, and copies must be available for viewing by interested 
        persons.  The chair of an agency who does not submit data 
        required by this section or who does not notify the secretary of 
        a vacancy in the agency, is not eligible for a per diem or 
        expenses in connection with agency service until December 1 of 
        the following year. 
           Sec. 4.  Minnesota Statutes 2002, section 15.0597, 
        subdivision 4, is amended to read: 
           Subd. 4.  [NOTICE OF VACANCIES.] The chair of an existing 
        agency, shall notify the secretary by electronic means of a 
        vacancy scheduled to occur in the agency as a result of the 
        expiration of membership terms at least 45 days before the 
        vacancy occurs.  The chair of an existing agency shall 
        give written electronic notification to the secretary of each 
        vacancy occurring as a result of newly created agency positions 
        and of every other vacancy occurring for any reason other than 
        the expiration of membership terms as soon as possible upon 
        learning of the vacancy and in any case within 15 days after the 
        occurrence of the vacancy.  The appointing authority for newly 
        created agencies shall give written electronic notification to 
        the secretary of all vacancies in the new agency within 15 days 
        after the creation of the agency.  The secretary may provide for 
        require the submission of notices required by this subdivision 
        by electronic means.  The secretary shall publish monthly in the 
        State Register on the Web site of the secretary of state a list 
        of all vacancies of which the secretary has been so notified.  
        Only one notice of a vacancy shall be so published, unless the 
        appointing authority rejects all applicants and requests the 
        secretary to republish the notice of vacancy.  One copy of the 
        listing shall be made available at the office of the secretary 
        to any interested person.  The secretary shall distribute by 
        mail or electronic means copies of the listings to requesting 
        persons.  The listing for all vacancies scheduled to occur in 
        the month of January shall be published in the State Register on 
        the Web site of the secretary of state together with the 
        compilation of agency data required to be published pursuant to 
        subdivision 3. 
           If a vacancy occurs within three months after an 
        appointment is made to fill a regularly scheduled vacancy, the 
        appointing authority may, upon notification by electronic means 
        to the secretary, fill the vacancy by appointment from the list 
        of persons submitting applications to fill the regularly 
        scheduled vacancy. 
           Sec. 5.  Minnesota Statutes 2002, section 15.0597, 
        subdivision 5, is amended to read: 
           Subd. 5.  [NOMINATIONS FOR VACANCIES.] Any person may make 
        a self-nomination for appointment to an agency vacancy by 
        completing an application on a form prepared and distributed by 
        the secretary.  The secretary may provide for the submission of 
        the application by electronic means.  Any person or group of 
        persons may, on the prescribed application form, nominate 
        another person to be appointed to a vacancy so long as the 
        person so nominated consents in writing on the application form 
        to the nomination.  The application form shall specify the 
        nominee's name, mailing address, electronic mail address, 
        telephone number, preferred agency position sought, a statement 
        that the nominee satisfies any legally prescribed 
        qualifications, a statement whether the applicant has ever been 
        convicted of a felony, and any other information the nominating 
        person feels would be helpful to the appointing authority.  The 
        nominating person has the option of indicating the nominee's 
        sex, political party preference or lack thereof, status with 
        regard to disability, race, and national origin on the 
        application form.  The application form shall make the option 
        known.  If a person submits an application at the suggestion of 
        an appointing authority, the person shall so indicate on the 
        application form.  Twenty-one days after publication of a 
        vacancy in the State Register on the Web site of the secretary 
        of state pursuant to subdivision 4, the secretary shall 
        submit electronic copies of all applications received for a 
        position to the appointing authority charged with filling the 
        vacancy.  If no applications have been received by the secretary 
        for the vacant position by the date when electronic copies must 
        be submitted to the appointing authority, the secretary shall so 
        inform the appointing authority.  Applications received by the 
        secretary shall be deemed to have expired one year after receipt 
        of the application.  An application for a particular agency 
        position shall be deemed to be an application for all vacancies 
        in that agency occurring prior to the expiration of the 
        application and shall be public information. 
           Sec. 6.  Minnesota Statutes 2002, section 15.0597, 
        subdivision 6, is amended to read: 
           Subd. 6.  [APPOINTMENTS.] In making an appointment to a 
        vacant agency position, the appointing authority shall consider 
        applications for positions in that agency supplied by the 
        secretary.  No appointing authority may appoint someone to a 
        vacant agency position until (1) ten days after receipt of the 
        applications for positions in that agency from the secretary or 
        (2) receipt of notice from the secretary that no applications 
        have been received for vacant positions in that agency.  At 
        least five days before the date of appointment, the appointing 
        authority shall issue a public announcement and inform the 
        secretary in writing by electronic means of the name of the 
        person the appointing authority intends to appoint to fill the 
        agency vacancy and the expiration date of that person's term.  
        If the appointing authority intends to appoint a person other 
        than one for whom an application was submitted pursuant to this 
        section, the appointing authority shall complete an application 
        form on behalf of the appointee and submit it to the secretary 
        indicating on the application that it is submitted by the 
        appointing authority.  
           Sec. 7.  Minnesota Statutes 2002, section 15.0597, 
        subdivision 7, is amended to read: 
           Subd. 7.  [REPORT.] Together with the compilation required 
        in subdivision 3, the secretary shall annually deliver to the 
        governor and the legislature a report in an electronic format 
        containing the following information: 
           (1) the number of vacancies occurring in the preceding 
        year; 
           (2) the number of vacancies occurring as a result of 
        scheduled ends of terms, unscheduled vacancies and the creation 
        of new positions; 
           (3) breakdowns by county, legislative district, and 
        congressional district, and, if known, the sex, political party 
        preference or lack thereof, status with regard to disability, 
        race, and national origin, for members whose agency membership 
        terminated during the year and appointees to the vacant 
        positions; and 
           (4) the number of vacancies filled from applications 
        submitted by (i) the appointing authorities for the positions 
        filled, (ii) nominating persons and self-nominees who submitted 
        applications at the suggestion of appointing authorities, and 
        (iii) all others. 
           Sec. 8.  Minnesota Statutes 2002, section 15.0599, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REGISTRATION; INFORMATION REQUIRED.] (a) The 
        appointing authority of a newly established agency or the 
        authority's designee shall provide the secretary with the 
        following information: 
           (1) the name, mailing address, electronic mail address, and 
        telephone number of the agency; 
           (2) the legal authority for the establishment of the agency 
        and the name and the title of the person or persons appointing 
        agency members; 
           (3) the powers and duties of the agency and whether the 
        agency, however designated, is best described by section 15.012, 
        paragraph (a), (b), (c), (e), or (f); 
           (4) the number of authorized members, together with any 
        prescribed restrictions on eligibility; 
           (5) the roster of current members, including mailing 
        addresses, electronic mail addresses, and telephone numbers; 
           (6) a breakdown of the membership showing distribution by 
        county, legislative district, and congressional district and 
        compliance with any restrictions listed in accordance with 
        clause (4); 
           (7) if any members have voluntarily provided the 
        information, the sex, age, political preference or lack of 
        preference, status with regard to disability, race, and national 
        origin of those members; 
           (8) the dates of commencement and expiration of membership 
        terms and the expiration date of the agency, if any; 
           (9) the compensation of members and appropriations or other 
        money available to the agency; 
           (10) the name of the state agency or other entity, if any, 
        required to provide staff or administrative support to the 
        agency; 
           (11) the regular meeting schedule, if any, and the 
        approximate number of hours a month of meetings or other 
        activities required of members; and 
           (12) a brief statement of the goal or purpose of the 
        agency, along with a summary of what an existing agency has 
        done, or what a newly established agency plans to do to achieve 
        its goal or purpose. 
           The publication requirement under clause (5) may be met by 
        publishing a member's home or business address and telephone 
        number, the address and telephone number of the agency to which 
        the member is appointed, the member's electronic mail address, 
        or any other information that would enable the public to 
        communicate with the member. 
           (b) The chair of an existing agency or the chair's designee 
        shall provide information, covering the fiscal year in which it 
        is registering, on the number of meetings it has held, its 
        expenses, and the number of staff hours, if any, devoted to its 
        support.  The chair or designee shall also, if necessary, update 
        any of the information previously provided in accordance with 
        paragraph (a). 
           (c) The secretary shall provide electronic forms for the 
        reporting of information required by this subdivision and 
        may provide for require reporting by electronic means. 
           Sec. 9.  Minnesota Statutes 2002, section 201.161, is 
        amended to read: 
           201.161 [DRIVER'S LICENSE AND IDENTIFICATION CARD 
        APPLICATIONS.] 
           The Department of Public Safety shall change its 
        applications for an original, duplicate, or change of address 
        driver's license or identification card so that the forms may 
        also serve as voter registration cards applications.  The forms 
        must contain spaces for the all information required in section 
        201.071, subdivision 1, and applicable rules of collected by 
        voter registration applications prescribed by the secretary of 
        state.  Applicants for driver's licenses or identification cards 
        must be asked if they want to register to vote at the same 
        time.  A copy of each application containing a completed voter 
        registration must be sent to the county auditor of the county in 
        which the voter maintains residence or to the secretary of state 
        as soon as possible.  The computerized driver's license record 
        information relating to name, address, date of birth, driver's 
        license number, county, town, and city must be made available 
        for access by the secretary of state and interaction with the 
        statewide voter registration system.  
           Sec. 10.  Minnesota Statutes 2002, section 201.1611, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FORMS.] All postsecondary institutions 
        that enroll students accepting state or federal financial aid 
        shall provide voter registration forms to each student as early 
        as possible in the fall quarter.  All school districts shall 
        make available voter registration applications each May and 
        September to all students registered as students of the school 
        district who will be eligible to vote at the next election after 
        those months.  A school district has no obligation to provide 
        voter registration applications to students who participate in a 
        postsecondary education option program or who otherwise reside 
        in the district but do not attend a school operated by the 
        district.  A school district fulfills its obligation to a 
        student under this section if it provides a voter registration 
        application to the student one time.  The forms must contain 
        spaces for the information required in section 201.071, 
        subdivision 1, and applicable rules of the secretary of state.  
        The institutions and school districts may request these forms 
        from the secretary of state.  Institutions shall consult with 
        their campus student government in determining the most 
        effective means of distributing the forms and in seeking to 
        facilitate election day registration of students under section 
        201.061, subdivision 3.  School districts must advise students 
        that completion of the voter registration applications is not a 
        school district requirement. 
           Sec. 11.  Minnesota Statutes 2002, section 201.171, is 
        amended to read: 
           201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 
        REGISTRATION REMOVED.] 
           Within six weeks after every election, the county auditor 
        shall post the voting history for every person who voted in the 
        election.  After the close of the calendar year, the secretary 
        of state shall determine if any registrants have not voted 
        during the preceding four years and shall change the status of 
        those registrants to "inactive" in the statewide registration 
        system.  The secretary of state shall also prepare a report to 
        the county auditor containing the names of all registrants whose 
        status was changed to "inactive."  
           Registrants whose status was changed to "inactive" must 
        register in the manner specified in section 201.054 before 
        voting in any primary, special primary, general, school 
        district, or special election, as required by section 201.018. 
           Although not counted in an election, a late absentee ballot 
        must be considered a vote for the purpose of continuing 
        registration.  
           Sec. 12.  Minnesota Statutes 2002, section 202A.14, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NOTICE.] The county or legislative district 
        chair shall give at least six days' published notice of the 
        holding of the precinct caucus, stating the place, date, and 
        time for holding the caucus, and shall deliver the same 
        information to the municipal clerk and county auditor at least 
        20 days before the precinct caucus.  The county auditor shall 
        make this information available at least ten days before the 
        date of the caucuses to persons who request it.  
           Sec. 13.  Minnesota Statutes 2002, section 203B.085, is 
        amended to read: 
           203B.085 [COUNTY AUDITOR'S OFFICE AND MUNICIPAL CLERK'S 
        OFFICES TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.] 
           The county auditor's office in each county and the clerk's 
        office in each city or town authorized under section 203B.05 to 
        administer absentee balloting must be open for acceptance of 
        absentee ballot applications and casting of absentee ballots 
        from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. 
        on Monday the day immediately preceding a primary, special, or 
        general election unless that day falls on a Saturday or Sunday.  
        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 2002, section 204B.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FORM OF AFFIDAVIT.] (a) An affidavit of 
        candidacy shall state the name of the office sought and shall 
        state that the candidate:  
           (1) is an eligible voter; 
           (2) has no other affidavit on file as a candidate for any 
        office at the same primary or next ensuing general election, 
        except that a candidate for soil and water conservation district 
        supervisor in a district not located in whole or in part in 
        Anoka, Hennepin, Ramsey, or Washington County, may also have on 
        file an affidavit of candidacy for mayor or council member of a 
        statutory or home rule charter city of not more than 2,500 
        population contained in whole or in part in the soil and water 
        conservation district or for town supervisor in a town of not 
        more than 2,500 population contained in whole or in part in the 
        soil and water conservation district; and 
           (3) is, or will be on assuming the office, 21 years of age 
        or more, and will have maintained residence in the district from 
        which the candidate seeks election for 30 days before the 
        general election. 
           An affidavit of candidacy must include a statement that the 
        candidate's name as written on the affidavit for ballot 
        designation is the candidate's true name or the name by which 
        the candidate is commonly and generally known in the community. 
           An affidavit of candidacy for partisan office shall also 
        state the name of the candidate's political party or political 
        principle, stated in three words or less.  
           (b) This subdivision does not apply to a candidate 
        Candidates for president or vice-president of the United 
        States are not required to file an affidavit of candidacy for 
        office and this subdivision does not apply to those candidates. 
           Sec. 15.  Minnesota Statutes 2002, section 204B.07, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PETITIONS FOR PRESIDENTIAL ELECTORS.] This 
        subdivision does not apply to candidates for presidential 
        elector nominated by major political parties.  Major party 
        candidates for presidential elector are certified under section 
        208.03.  Other presidential electors are nominated by petition 
        pursuant to this section.  On petitions nominating presidential 
        electors, the names of the candidates for president and 
        vice-president shall be added to the political party or 
        political principle stated on the petition.  One petition may be 
        filed to nominate a slate of presidential electors equal in 
        number to the number of electors to which the state is 
        entitled.  This subdivision does not apply to candidates for 
        presidential elector nominated by major political parties.  
        Major party candidates for presidential elector are certified 
        under section 208.03. 
           Sec. 16.  Minnesota Statutes 2002, section 204B.09, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
        ELECTIONS.] (a) Except as otherwise provided by this 
        subdivision, affidavits of candidacy and nominating petitions 
        for county, state, and federal offices filled at the state 
        general election shall be filed not more than 70 days nor less 
        than 56 days before the state primary.  The affidavit may be 
        prepared and signed at any time between 60 days before the 
        filing period opens and the last day of the filing period. 
           (b) Notwithstanding other law to the contrary, the 
        affidavit of candidacy must be signed in the presence of a 
        notarial officer or an individual authorized to administer oaths 
        under section 358.10. 
           (c) This provision does not apply to candidates for 
        presidential elector nominated by major political parties.  
        Major party candidates for presidential elector are certified 
        under section 208.03.  Other candidates for presidential 
        electors may file petitions on or before the state primary day 
        pursuant to section 204B.07.  Nominating petitions to fill 
        vacancies in nominations shall be filed as provided in section 
        204B.13.  No affidavit or petition shall be accepted later than 
        5:00 p.m. on the last day for filing. 
           (d) Affidavits and petitions for offices to be voted on in 
        only one county shall be filed with the county auditor of that 
        county.  Affidavits and petitions for offices to be voted on in 
        more than one county shall be filed with the secretary of state. 
           Sec. 17.  Minnesota Statutes 2002, section 204B.09, 
        subdivision 3, is amended to read: 
           Subd. 3.  [WRITE-IN CANDIDATES.] (a) A candidate for state 
        or federal office who wants write-in votes for the candidate to 
        be counted must file a written request with the filing office 
        for the office sought no later than the fifth day before the 
        general election.  The filing officer shall provide copies of 
        the form to make the request.  
           (b) A candidate for president of the United States who 
        files a request under this subdivision must include the name of 
        a candidate for vice-president of the United States.  The 
        request must also include the name of at least one candidate for 
        presidential elector.  The total number of names of candidates 
        for presidential elector on the request may not exceed the total 
        number of electoral votes to be cast by Minnesota in the 
        presidential election. 
           (c) A candidate for governor who files a request under this 
        subdivision must include the name of a candidate for lieutenant 
        governor. 
           Sec. 18.  Minnesota Statutes 2002, section 204B.16, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DESIGNATION EFFECTIVE UNTIL CHANGED.] The 
        designation of a polling place pursuant to this section shall 
        remain effective until a different polling place is designated 
        for that precinct.  No designation of a new or different polling 
        place shall become effective less than 90 days prior to an 
        election, including school district elections or referenda, and 
        no polling place changes may occur during the period between the 
        state primary and the state general election, except that a new 
        polling place may be designated to replace a polling place that 
        has become unavailable for use.  
           Sec. 19.  Minnesota Statutes 2002, section 204B.19, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [INDIVIDUALS QUALIFIED TO BE ELECTION 
        JUDGES.] Except as provided in subdivision 6, any individual who 
        is eligible to vote in an election precinct this state is 
        qualified to be appointed as an election judge for that precinct 
        subject to this section.  If the files of the appointing 
        authority do not contain sufficient voters within a precinct who 
        are qualified and willing to serve as election judges, election 
        judges may be appointed who reside in another precinct in the 
        same municipality, or for school district elections, in the same 
        school district, whether or not the precinct where they reside 
        is in the same county as the precinct where they will serve.  If 
        there are not sufficient voters within the municipality or 
        school district who are qualified and willing to serve as 
        election judges, election judges may be appointed who reside in 
        the county where the precinct is located. 
           Sec. 20.  Minnesota Statutes 2002, section 204B.19, 
        subdivision 6, is amended to read: 
           Subd. 6.  [HIGH SCHOOL STUDENTS.] Notwithstanding any other 
        requirements of this section, a student enrolled in a high 
        school in Minnesota or who is in a homeschool in compliance with 
        sections 120A.22 and 120A.24, who has attained the age of 16 is 
        eligible to be appointed as a without party affiliation trainee 
        election judge in the county in which the student resides.  The 
        student must meet qualifications for trainee election judges 
        specified in rules of the secretary of state.  A student 
        appointed as a trainee election judge may be excused from school 
        attendance during the hours that the student is serving as a 
        trainee election judge if the student submits a written request 
        signed and approved by the student's parent or guardian to be 
        absent from school and a certificate from the appointing 
        authority stating the hours during which the student will serve 
        as a trainee election judge to the principal of the school at 
        least ten days prior to the election.  Students shall not serve 
        as trainee election judges after 10:00 p.m.  Notwithstanding 
        section 177.24 to the contrary, trainee election judges may be 
        paid not less than two-thirds of the minimum wage for a large 
        employer.  The principal of the school may approve a request to 
        be absent from school conditioned on acceptable academic 
        performance and the requirement that the student must have 
        completed or be enrolled in a course of study in government at 
        the time of service as a trainee election judge.  
           Sec. 21.  Minnesota Statutes 2002, section 204B.22, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [ELECTION JUDGE TRAINEES NOT COUNTED TOWARD 
        MINIMUM NUMBER OF ELECTION JUDGES.] The presence or 
        participation of election judge trainees must not be counted 
        toward satisfying any of the required numbers of election judges 
        in this chapter. 
           Sec. 22.  Minnesota Statutes 2002, section 204B.36, 
        subdivision 4, is amended to read: 
           Subd. 4.  [JUDICIAL CANDIDATES.] The official ballot shall 
        contain the names of all candidates for each judicial office and 
        shall state the number of those candidates for whom a voter may 
        vote.  Each seat for an associate justice, associate judge, or 
        judge of the district court must be numbered.  The words 
        "SUPREME COURT," "COURT OF APPEALS," and "(number) DISTRICT 
        COURT" must be printed above the respective judicial office 
        groups on the ballot.  The title of each judicial office shall 
        be printed on the official primary and general election ballot 
        as follows:  
           (a) In the case of the Supreme Court:  
           "Chief justice - Supreme Court"; 
           "Associate justice (number) - Supreme Court" 
           (b) In the case of the Court of Appeals:  
           "Judge (number) - Court of Appeals"; or 
           (c) In the case of the district court:  
           "Judge (number) - (number) district court." 
           Sec. 23.  Minnesota Statutes 2002, section 204B.41, is 
        amended to read: 
           204B.41 [VACANCY IN NOMINATION; CHANGING BALLOTS.] 
           When a vacancy in nomination occurs through the death or 
        catastrophic illness of a candidate after the 16th day before 
        the general election, the officer in charge of preparing the 
        ballots shall prepare and distribute a sufficient number of 
        separate paper ballots which shall be headed with the words 
        "OFFICIAL SUPPLEMENTAL BALLOT."  This ballot shall contain the 
        title of the office for which the vacancy in nomination has been 
        filled and the names of all the candidates nominated for that 
        office.  The ballot shall conform to the provisions governing 
        the printing of other official ballots as far as practicable.  
        The title of the office and the names of the candidates for that 
        office shall be blotted out or stricken from the regular ballots 
        by the election judges.  The official supplemental ballot shall 
        be given to each voter when the voter is given the regular 
        ballot or is directed to the voting machine.  Regular ballots 
        shall not be changed nor shall official supplemental ballots be 
        prepared as provided in this section during the three six 
        calendar days before an election.  Absentee ballots that have 
        been mailed prior to the preparation of official supplemental 
        ballots shall be counted in the same manner as if the vacancy 
        had not occurred.  Official supplemental ballots shall not be 
        mailed to absent voters to whom ballots were mailed before the 
        official supplemental ballots were prepared. Both an official 
        supplemental ballot and a replacement regular ballot from which 
        the title of the office and names of the candidates for that 
        office have been blotted out or stricken as provided in this 
        section must be provided to each absentee voter or voter 
        residing in a precinct voting by mail who requests either of 
        them under section 203B.06, subdivision 3.  The election judges 
        conducting absentee voting in health care facilities as provided 
        in section 203B.11, subdivision 1, must deliver official 
        supplemental ballots and replacement regular ballots to those 
        facilities no later than 5:00 p.m. on the day before the 
        election. 
           Sec. 24.  Minnesota Statutes 2002, section 204C.06, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [ACCESS FOR NEWS MEDIA.] The county auditor or 
        municipal or school district clerk, or their designee, may, by 
        written authorization, permit news media representatives to 
        enter polling places for up to 15 minutes during voting hours to 
        observe the voting process.  A media representative must obtain 
        prior authorization and present photo identification to the head 
        election judge upon arrival at the polling place and must not 
        otherwise: 
           (1) approach within six feet of an election judge or voter; 
           (2) converse with a voter while in the polling place; 
           (3) make a list of persons voting or not voting; or 
           (4) interview a voter within the polling place. 
           Sec. 25.  Minnesota Statutes 2002, section 204C.20, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXCESS BALLOTS.] If two or more ballots are 
        found folded together like a single ballot, the election judges 
        shall lay them aside until all the ballots in the box have been 
        counted.  If it is evident from the number of ballots to be 
        counted that the ballots folded together were cast by one voter, 
        the election judges shall preserve but not count them.  If the 
        number of ballots in one box exceeds the number to be counted, 
        the election judges shall examine all the ballots in the box to 
        ascertain that all are properly marked with the initials of the 
        election judges.  If any ballots are not properly marked with 
        the initials of the election judges, the election judges shall 
        preserve but not count them; however, if the number of ballots 
        does not exceed the number to be counted, the absence of either 
        or both sets of initials of the election judges does not, by 
        itself, disqualify the vote from being counted and must not be 
        the basis of a challenge in a recount.  If there is still an 
        excess of properly marked ballots, the election judges shall 
        replace them in the box, and one election judge, without 
        looking, shall withdraw from the box a number of ballots equal 
        to the excess.  The withdrawn ballots shall not be counted but 
        shall be preserved as provided in subdivision 4.  
           Sec. 26.  Minnesota Statutes 2002, section 204C.33, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
        board shall meet at the county auditor's office on or before the 
        seventh day following the state general election.  After taking 
        the oath of office, the board shall promptly and publicly 
        canvass the general election returns delivered to the county 
        auditor.  Upon completion of the canvass, the board shall 
        promptly prepare and file with the county auditor a report which 
        states:  
           (a) The number of individuals voting at the election in the 
        county and in each precinct; 
           (b) The number of individuals registering to vote on 
        election day and the number of individuals registered before 
        election day in each precinct; 
           (c) The names of the candidates for each office and the 
        number of votes received by each candidate in the county and in 
        each precinct, including write-in candidates for state and 
        federal office who have requested under section 204B.09 that 
        votes for those candidates be tallied; 
           (d) The number of votes counted for and against a proposed 
        change of county lines or county seat; and 
           (e) The number of votes counted for and against a 
        constitutional amendment or other question in the county and in 
        each precinct.  
           The result of write-in votes cast on the general election 
        ballots must be compiled by the county auditor before the county 
        canvass, except that write-in votes for a candidate for state or 
        federal office must not be counted unless the candidate has 
        timely filed a request under section 204B.09, subdivision 3.  
        The county auditor shall arrange for each municipality to 
        provide an adequate number of election judges to perform this 
        duty or the county auditor may appoint additional election 
        judges for this purpose.  The county auditor may open the 
        envelopes or containers in which the voted ballots have been 
        sealed in order to count and record the write-in votes and must 
        reseal the voted ballots at the conclusion of this process. 
           Upon completion of the canvass, the county canvassing board 
        shall declare the candidate duly elected who received the 
        highest number of votes for each county and state office voted 
        for only within the county.  The county auditor shall transmit 
        one of the certified copies of the county canvassing board 
        report for state and federal offices to the secretary of state 
        by express mail or similar service immediately upon conclusion 
        of the county canvass. 
           Sec. 27.  Minnesota Statutes 2002, section 204C.35, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [SCOPE OF RECOUNT.] A recount conducted as 
        provided in this section is limited in scope to the 
        determination of the number of votes validly cast for the office 
        to be recounted.  Only the ballots cast in the election and the 
        summary statements certified by the election judges may be 
        considered in the recount process. 
           Sec. 28.  Minnesota Statutes 2002, section 204C.36, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [SCOPE OF RECOUNT.] A recount conducted as 
        provided in this section is limited in scope to the 
        determination of the number of votes validly cast for the office 
        or question to be recounted.  Only the ballots cast in the 
        election and the summary statements certified by the election 
        judges may be considered in the recount process. 
           Sec. 29.  Minnesota Statutes 2002, section 204C.361, is 
        amended to read: 
           204C.361 [RULES FOR RECOUNTS.] 
           (a) The secretary of state shall adopt rules according to 
        the Administrative Procedure Act establishing uniform recount 
        procedures.  All recounts provided for by sections 204C.35, 
        204C.36, and 206.88, shall be conducted in accordance with these 
        rules.  
           (b) Notwithstanding Minnesota Rules, part 8235.0800, the 
        requirement that ballots be recounted by precinct means that a 
        recount official shall maintain the segregation of ballots by 
        precinct but the recount official may recount more than one 
        precinct at a time in physically separate locations within the 
        room in which the recount is administered. 
           Sec. 30.  [204C.50] [POSTELECTION SECURITY AND 
        CERTIFICATION REVIEW.] 
           Subdivision 1.  [SELECTION FOR REVIEW; NOTICE.] (a) The 
        Office of the Secretary of State shall, within three days after 
        each state general election beginning in 2006, randomly select 
        80 precincts for postelection review as defined in this 
        section.  The precincts must be selected so that an equal number 
        of precincts are selected in each congressional district of the 
        state.  Of the precincts in each congressional district, at 
        least five must have had more than 500 votes cast, and at least 
        two must have had fewer than 500 votes cast.  The secretary of 
        state must promptly provide notices of which precincts are 
        chosen to the election administration officials who are 
        responsible for the conduct of elections in those precincts. 
           (b) One week before the state general election beginning in 
        2006, the secretary of state must post on the office Web site 
        the date, time, and location at which precincts will be randomly 
        chosen for review under this section.  The chair of each major 
        political party may appoint a designee to observe the random 
        selection process. 
           Subd. 2.  [SCOPE AND CONDUCT OF THE REVIEW.] Each review is 
        limited to federal and state offices and must consist of at 
        least the following: 
           (a) The election officials immediately responsible for a 
        precinct chosen for review must conduct the following review and 
        submit the results in writing to the state canvassing board 
        before it meets to canvass the election: 
           (1) a hand tally of the paper ballots, of whatever kind 
        used in that precinct, for each contested election; 
           (2) a recount using the actual machine and software used on 
        election day, if a precinct-count or central-count automated 
        voting system was used; and 
           (3) a comparison of the hand tally with the reported 
        results for the precinct in the county canvassing board report, 
        as well as the actual tape of any automated tabulation produced 
        by any precinct-count or central-count optical scan equipment 
        that may have been used to tabulate votes cast in that precinct. 
           (b) The staff of the Office of the Secretary of State shall 
        conduct or directly supervise a review of the procedures used by 
        the election officials at all levels for a precinct chosen for 
        review, including an inspection of the materials retained for 
        the official 22-month retention period, such as the rosters, the 
        incident log, and the ballots themselves.  The staff must submit 
        a written report to the secretary of state before the next 
        regularly scheduled meeting of the State Canvassing Board. 
           Subd. 3.  [STANDARD OF ACCEPTABLE PERFORMANCE BY TABULATING 
        EQUIPMENT.] Each comparison of the precinct-count or 
        central-count tabulating equipment system with the review 
        described in subdivision 2, paragraph (a), must be accurate to 
        within one-half of one percent variation for each contested 
        election.  If any review conducted under subdivision 2, 
        paragraph (a), reveals a discrepancy greater than one-half of 
        one percent, the Office of the Secretary of State shall as soon 
        as practicable conduct an additional review of at least ten 
        percent of the tabulating equipment used in the jurisdiction of 
        the election for which the discrepancy was discovered.  If this 
        review results in a discrepancy greater than the one-half 
        percent standard, the Office of the Secretary of State must 
        conduct a complete audit of the election for which the 
        discrepancy was discovered.  If a complete audit must be 
        conducted, the results of the audit must be used by the 
        canvassing board in making its report and determinations of 
        persons elected and propositions rejected or approved.  If a 
        voting system is found to have failed to record votes in a 
        manner that indicates electronic operational failure, the 
        canvassing board must use the voter-verifiable audit records to 
        determine the votes cast on the system, unless the audit records 
        were also impaired by the operational failure of the voting 
        machine.  Notwithstanding section 204C.33, subdivision 3, the 
        result of any election subject to this audit must not be 
        declared until the audit is completed. 
           Subd. 4.  [STANDARD OF ACCEPTABLE PERFORMANCE BY ELECTION 
        JUDGES AND ADMINISTRATORS.] Each comparison of materials and 
        documents generated in the course of the election in the 
        selected precinct is expected to reveal no substantive errors 
        and a minimum of technical issues by election judges and 
        administrators. 
           Subd. 5.  [FAILURE TO MEET STANDARDS.] (a) If a voting 
        system fails to meet the standard set forth in subdivision 3, 
        the manufacturer of the model of machine in question must obtain 
        recertification pursuant to section 206.57 and rules adopted 
        under that section, and is liable for penalties under section 
        206.66. 
           (b) If election judges or administrators fail to meet the 
        standard in subdivision 4, the judges and administrators for the 
        county where the precinct is located must attend training 
        designed to eliminate the errors causing the failure.  The 
        Office of the Secretary of State must consider whether those 
        errors or issues warrant inclusion in the statewide training 
        programs conducted by the Office of the Secretary of State. 
           Subd. 6.  [COSTS OF REVIEW.] The costs of conducting the 
        review required by this section must be allocated as follows:  
           (a) The county or municipality responsible for each 
        precinct selected for review must bear costs incurred under 
        subdivision 2, paragraph (a).  
           (b) The secretary of state must bear the costs incurred 
        under subdivision 2, paragraph (b), and subdivision 3, including 
        travel, expenses, and staff time of the Office of the Secretary 
        of State. 
           Subd. 7.  [EXPIRATION.] This section expires January 1, 
        2008. 
           Sec. 31.  Minnesota Statutes 2002, section 204D.14, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [UNCONTESTED JUDICIAL OFFICES.] Judicial offices 
        for which there is only one candidate filed must appear after 
        all judicial offices on the canary ballot. 
           Sec. 32.  [204D.169] [EXAMPLE SUPPLEMENTAL BALLOT.] 
           When an official supplemental ballot must be used in a 
        general election in accordance with section 204B.41, the 
        secretary of state shall supply each auditor with a copy of an 
        example supplemental ballot at least three days prior to the 
        election.  The example supplemental ballot must illustrate the 
        format required for the official supplemental ballot. 
           The county auditor shall distribute copies of the example 
        supplemental ballot to municipal and school district clerks in 
        municipalities and school districts holding elections that 
        year.  The official supplemental ballot must conform in all 
        respects to the example supplemental ballot.  Failure of the 
        official supplemental ballot to conform may be reported by any 
        person to the county attorney in the same manner as provided by 
        section 201.275. 
           Sec. 33.  Minnesota Statutes 2002, section 204D.27, 
        subdivision 11, is amended to read: 
           Subd. 11.  [CERTIFICATE OF LEGISLATIVE ELECTION.] A 
        certificate of election in a special election for state senator 
        or state representative shall be issued by the county auditor or 
        the secretary of state to the individual declared elected by the 
        county or state canvassing board two days, excluding Sundays and 
        legal holidays, after the appropriate canvassing board finishes 
        canvassing the returns for the election.  
           In case of a contest the certificate shall not be issued 
        until the district court determines the contest.  
           Sec. 34.  Minnesota Statutes 2002, section 205.075, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [MORE THAN ONE SEAT TO BE FILLED AT ANY 
        ELECTION.] A candidate filing for town supervisor when more than 
        one seat is to be filled at an election held under subdivision 2 
        must designate when filing the specific seat which the candidate 
        is seeking. 
           Sec. 35.  Minnesota Statutes 2002, section 205.16, 
        subdivision 4, is amended to read: 
           Subd. 4.  [NOTICE TO AUDITOR.] At least 49 53 days prior to 
        every municipal election, the municipal clerk shall provide a 
        written notice to the county auditor, including the date of the 
        election, the offices to be voted on at the election, and the 
        title and language for each ballot question to be voted on at 
        the election. 
           Sec. 36.  Minnesota Statutes 2002, section 205.16, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [NOTICE TO SECRETARY OF STATE.] At least 46 days 
        prior to every municipal election for which a notice is provided 
        to the county auditor under subdivision 4, the county auditor 
        shall provide a notice of the election to the secretary of 
        state, in a manner and including information prescribed by the 
        secretary of state. 
           Sec. 37.  Minnesota Statutes 2002, section 205.185, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ELECTION, CONDUCT.] A municipal election shall 
        be by secret ballot and shall be held and the returns made in 
        the manner provided for the state general election, so far as 
        practicable except as expressly provided by law. 
           Sec. 38.  Minnesota Statutes 2002, section 205.185, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CANVASS OF RETURNS, CERTIFICATE OF ELECTION, 
        BALLOTS, DISPOSITION.] (a) Within seven days after an election, 
        the governing body of a city conducting any election including a 
        special municipal election, or the governing body of a town 
        conducting the general election in November shall act as the 
        canvassing board, canvass the returns, and declare the results 
        of the election.  The governing body of a town conducting the 
        general election in March shall act as the canvassing board, 
        canvass the returns, and declare the results of the election 
        within two days after an election.  
           (b) 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.  
           (c) In case of a tie vote, the governing body canvassing 
        board having jurisdiction over the municipality shall determine 
        the result by lot.  The clerk of the canvassing board 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. 39.  Minnesota Statutes 2002, section 205A.02, is 
        amended to read: 
           205A.02 [ELECTION LAW APPLICABLE.] 
           Except as provided in this chapter by law, the Minnesota 
        Election Law applies to school district elections, as far as 
        practicable.  Elections in common school districts shall be 
        governed by section 123B.94. 
           Sec. 40.  Minnesota Statutes 2003 Supplement, section 
        205A.07, subdivision 3, is amended to read: 
           Subd. 3.  [NOTICE TO AUDITOR.] At least 49 53 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, the offices to be voted on at the 
        election, and 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 education and prior to actual initiation of the 
        election. 
           Sec. 41.  Minnesota Statutes 2002, section 205A.07, is 
        amended by adding a subdivision to read: 
           Subd. 3b.  [NOTICE TO SECRETARY OF STATE.] At least 46 days 
        prior to every school district election for which a notice is 
        provided to the county auditor under subdivision 3, the county 
        auditor shall provide a notice of the election to the secretary 
        of state, in a manner and including information prescribed by 
        the secretary of state. 
           Sec. 42.  Minnesota Statutes 2002, section 206.90, 
        subdivision 6, is amended to read: 
           Subd. 6.  [BALLOTS.] In precincts using optical scan voting 
        systems, a single ballot card on which all ballot information is 
        included must be printed in black ink on white colored material 
        except that marks not to be read by the automatic tabulating 
        equipment may be printed in another color ink.  
           On the front of the ballot must be printed the words 
        "Official Ballot" and the date of the election and lines for the 
        initials of at least two election judges. 
           When optical scan ballots are used, the offices to be 
        elected must appear in the following order:  federal offices; 
        state legislative offices; constitutional offices; proposed 
        constitutional amendments; county offices and questions; 
        municipal offices and questions; school district offices and 
        questions; special district offices and questions; and judicial 
        offices. 
           On optical scan ballots, the names of candidates and the 
        words "yes" and "no" for ballot questions must be printed as 
        close to their corresponding vote targets as possible. 
           The line on an optical scan ballot for write-in votes must 
        contain the words "write-in, if any." 
           If a primary ballot contains both a partisan ballot and a 
        nonpartisan ballot, the instructions to voters must include a 
        statement that reads substantially as follows:  "THIS BALLOT 
        CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT.  ON 
        THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF 
        ONE POLITICAL PARTY ONLY."  If a primary ballot contains 
        political party columns on both sides of the ballot, the 
        instructions to voters must include a statement that reads 
        substantially as follows:  "ADDITIONAL POLITICAL PARTIES ARE 
        PRINTED ON THE OTHER SIDE OF THIS BALLOT.  VOTE FOR ONE 
        POLITICAL PARTY ONLY."  At the bottom of each political party 
        column on the primary ballot, the ballot must contain a 
        statement that reads substantially as follows:  "CONTINUE VOTING 
        ON THE NONPARTISAN BALLOT."  The instructions in section 
        204D.08, subdivision 4, do not apply to optical scan partisan 
        primary ballots. 
           Sec. 43.  Minnesota Statutes 2002, section 211A.02, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [ELECTRONIC REPORTING.] The reports required by 
        this section may be filed electronically, subject to the 
        approval of the filing officer. 
           Sec. 44.  Minnesota Statutes 2002, section 351.01, 
        subdivision 4, is amended to read: 
           Subd. 4.  [WITHDRAWAL OF RESIGNATION.] A prospective 
        resignation permitted by subdivision 3 may only be withdrawn by 
        a written statement signed by the officer and submitted in the 
        same manner as the resignation, and may only be withdrawn before 
        it has been accepted by resolution of the body or board 
        or before a written acceptance of the resignation by an officer 
        authorized to receive it. 
           Sec. 45.  Minnesota Statutes 2002, section 365.51, 
        subdivision 3, is amended to read: 
           Subd. 3.  [OFFICERS; OTHER BUSINESS.] An annual town 
        election shall be held on the same day as the annual town 
        meeting to elect all town officers required by law to be elected 
        and to consider ballot questions, except as provided in section 
        205.075, subdivision 2.  Other town business shall be conducted 
        at the town meeting as provided by law.  
           Sec. 46.  Minnesota Statutes 2002, section 367.12, is 
        amended to read: 
           367.12 [DEPUTY CLERK.] 
           Each town clerk may appoint a deputy, for whose acts the 
        clerk shall be responsible, and who, in the clerk's absence or 
        disability, shall perform the clerk's duties.  If a town clerk 
        has not appointed a deputy, the town treasurer shall perform the 
        duties of the clerk relating to receiving candidate filings when 
        the clerk is absent. 
           Sec. 47.  Minnesota Statutes 2002, section 414.041, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [INITIATING THE PROCEEDING.] (a) Two or 
        more municipalities may be the subject of a single proceeding 
        provided that each municipality abuts at least one of the 
        included municipalities.  
           (b) The proceeding shall be initiated in one of the 
        following ways:  
           (1) submitting to the director a resolution of the city 
        council of each affected municipality; 
           (2) submitting to the director a petition signed by a 
        number of residents eligible to vote equivalent to five percent 
        or more of the resident voters of a municipality who voted for 
        governor at the last general election; or 
           (3) by the director.  
           (c) The petition or resolution shall set forth the 
        following information about each included municipality:  name, 
        description of boundaries, the reasons for requesting the 
        consolidation and the names of all parties entitled to mailed 
        notice under section 414.09.  
           (d) The party initiating the proceeding shall serve copies 
        of the petition or resolution on all of the included 
        municipalities. 
           Sec. 48.  Minnesota Statutes 2002, section 447.32, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ELECTION NOTICES.] At least two weeks before the 
        first day to file affidavits of candidacy, the clerk of the 
        district shall publish a notice stating the first and last day 
        on which affidavits of candidacy may be filed, the places for 
        filing the affidavits and the closing time of the last day for 
        filing.  The clerk shall post a similar notice in at least one 
        conspicuous place in each city and town in the district at least 
        ten days before the first day to file affidavits of candidacy.  
           At least 53 days prior to every hospital district election, 
        the hospital district clerk shall provide a written notice to 
        the county auditor of each county in which the hospital district 
        is located.  The notice must include the date of the election, 
        the offices to be voted on at the election, and the title and 
        language for each ballot question to be voted on at the 
        election.  At least 46 days before a hospital district election 
        for which a notice is provided to the county auditor under this 
        subdivision, the county auditor shall provide a notice to the 
        secretary of state in a manner and including information 
        prescribed by the secretary of state.  
           The notice of each election must be posted in at least one 
        public and conspicuous place within each city and town included 
        in the district at least ten days before the election.  It must 
        be published in the official newspaper of the district or, if a 
        paper has not been designated, in a legal newspaper having 
        general circulation within the district, at least two weeks 
        before the election.  Failure to give notice does not invalidate 
        the election of an officer of the district.  A voter may contest 
        a hospital district election in accordance with chapter 209.  
        Chapter 209 applies to hospital district elections. 
           Sec. 49.  Minnesota Statutes 2002, 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 Tuesday after the second Monday in 
        September of the year in which the general election is held.  
        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 5:00 
        p.m. two days 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 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.  The hospital board may also 
        authorize the use of voting systems subject to chapter 206.  
        Enough election judges may be appointed to receive the votes at 
        each polling place.  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. 50.  [EFFECTIVE DATE.] 
           This article is effective the day following final enactment.

                                   ARTICLE 3 
                         CAMPAIGN MATERIAL DISCLAIMERS 
           Section 1.  Minnesota Statutes 2002, section 211B.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CAMPAIGN MATERIAL.] "Campaign material" means 
        any literature, publication, or material tending to influence 
        that is disseminated for the purpose of influencing voting at a 
        primary or other election, except for news items or editorial 
        comments by the news media. 
           Sec. 2.  Minnesota Statutes 2002, section 211B.04, is 
        amended to read: 
           211B.04 [CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.] 
           (a) A person who participates in the preparation or 
        dissemination of campaign material other than as provided in 
        section 211B.05, subdivision 1, that does not prominently 
        include the name and address of the person or committee causing 
        the material to be prepared or disseminated in a disclaimer 
        substantially in the form provided in paragraph (b) or (c) is 
        guilty of a misdemeanor.  
           (b) Except in cases covered by paragraph (c), the required 
        form of disclaimer is:  "Prepared and paid for by the .......... 
        committee, .........(address)" for material prepared and paid 
        for by a principal campaign committee, or "Prepared and paid for 
        by the .......... committee, .........(address), in support of 
        .........(insert name of candidate or ballot question)" for 
        material prepared and paid for by a person or committee other 
        than a principal campaign committee. 
           (c) In the case of broadcast media, the required form of 
        disclaimer is:  "Paid for by the ............ committee." 
           (d) Campaign material that is not circulated on behalf of a 
        particular candidate or ballot question must also include in the 
        disclaimer either that it is "in opposition to .....(insert name 
        of candidate or ballot question.....)"; or that "this 
        publication is not circulated on behalf of any candidate or 
        ballot question." 
           (e) This section does not apply to objects stating only the 
        candidate's name and the office sought, fund-raising tickets, or 
        personal letters that are clearly being sent by the candidate. 
           (f) This section does not apply to an individual or 
        association who acts independently of any candidate, candidate's 
        committee, political committee, or political fund and spends 
        only from the individual's or association's own resources a sum 
        that is less than $300 $500 in the aggregate to produce or 
        distribute campaign material that is distributed at least 14 
        seven days before the election to which the campaign material 
        relates. 
           (g) This section does not modify or repeal section 211B.06. 
           Sec. 3.  [EFFECTIVE DATE.] 
           This article is effective the day following final enactment.
           Presented to the governor May 18, 2004 
           Signed by the governor May 29, 2004, 7:45 a.m.