Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes