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

                             CHAPTER 147-S.F.No. 72 
                  An act relating to elections; changing and clarifying 
                  provisions of the Minnesota election law; amending 
                  Minnesota Statutes 1996, sections 200.031; 201.061, 
                  subdivision 1; 201.071, subdivision 1; 201.081; 
                  201.12, subdivision 2; 201.121, subdivision 1; 201.13, 
                  subdivisions 1 and 2; 201.15; 201.171; 203B.01, by 
                  adding a subdivision; 203B.03, subdivision 1; 203B.04, 
                  subdivision 1; 203B.06, subdivision 3; 203B.08, 
                  subdivision 1; 203B.11, subdivision 1, and by adding a 
                  subdivision; 203B.12, subdivision 2, and by adding a 
                  subdivision; 203B.13, subdivisions 1 and 2; 203B.16, 
                  by adding a subdivision; 203B.19; 204B.06, by adding a 
                  subdivision; 204B.146; 204B.15; 204B.16, subdivisions 
                  1a and 3; 204B.22, subdivision 1; 204B.23; 204B.27, by 
                  adding a subdivision; 204B.31; 204B.36, subdivision 2; 
                  204C.08, by adding a subdivision; 204C.15, subdivision 
                  1; 204C.31, subdivision 2; 204C.32; 204C.33, 
                  subdivision 1; 205.10, subdivision 3; 205.13, 
                  subdivision 1; 205.17, by adding a subdivision; 
                  205A.05, subdivision 1; 205A.08, by adding a 
                  subdivision; 206.55; 206.56, subdivisions 1, 3, 5, 8, 
                  and 9; 206.57; 206.58; 206.59; 206.61, subdivisions 1, 
                  3, and 5; 206.62; 206.64, subdivision 1; 206.66; 
                  206.80; 206.81; 206.83; 206.84, subdivisions 3, 6, and 
                  7; 206.86, subdivisions 1 and 2; 206.90, subdivisions 
                  4 and 6; 207A.03, subdivision 2; 211B.14; 367.03, 
                  subdivision 1; 367.25, subdivision 1; 387.01; 388.01; 
                  and 626.846, subdivision 6; proposing coding for new 
                  law in Minnesota Statutes, chapters 201; 203B; and 
                  204B; repealing Minnesota Statutes 1996, sections 
                  204D.15, subdivision 2; 206.065; 206.56, subdivisions 
                  4, 6, 10, 11, 12, 13, and 15; 206.60; 206.61, 
                  subdivisions 2, 6, 7, and 8; 206.63; 206.64, 
                  subdivision 2; 206.68; 206.685; 206.69; 206.70; 
                  206.71; 206.72; 206.73; 206.74; 206.75; 206.76; 
                  206.77; 206.84, subdivisions 2, 4, and 5; and 211B.11, 
                  subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 200.031, is 
        amended to read: 
           200.031 [DETERMINATION OF RESIDENCE.] 
           Residence shall be determined in accordance with the 
        following principles, so far as they may be applicable to the 
        facts of the case:  
           (a) The residence of an individual is in the precinct where 
        the individual's home is located, from which the individual has 
        no present intention of moving, and to which, whenever the 
        individual is absent, the individual intends to return; 
           (b) An individual does not lose residence if the individual 
        leaves home to live temporarily in another state or precinct; 
           (c) An individual does not acquire a residence in any 
        precinct of this state if the individual is living there only 
        temporarily, without the intention of making that precinct home; 
           (d) If an individual goes into another state or precinct 
        with the intention of making it home or files an affidavit of 
        residence there for election purposes, the individual loses 
        residence in the former precinct; 
           (e) If an individual moves to another state with the 
        intention of living there for an indefinite period, the 
        individual loses residence in this state, notwithstanding any 
        intention to return at some indefinite future time; 
           (f) Except as otherwise provided in this section, an 
        individual's residence is located in the precinct where the 
        individual's family lives, unless the individual's family is 
        living in that precinct only temporarily; 
           (g) If an individual's family lives in one precinct and the 
        individual lives or does business in another, the individual's 
        residence is located in the precinct where the individual's 
        family lives, unless the individual establishes a home in the 
        other precinct and intends to remain there, with or without the 
        individual's family; 
           (h) The residence of a single individual is in the precinct 
        where the individual lives and usually sleeps; 
           (i) The mere intention to acquire a new residence, is not 
        sufficient to acquire a new residence, unless the individual 
        moves to that location; moving to a new location is not 
        sufficient to acquire a new residence unless the individual 
        intends to remain there; 
           (j) The residence of an individual who is working 
        temporarily in any precinct of this state is in the precinct 
        where the individual's permanent home is located; 
           (k) The residence of an individual who is living 
        permanently in a soldiers' home or nursing home is in the 
        precinct where the home is located.  
           (l) If an individual's home lies in more than one precinct 
        or political subdivision, the residence of the individual is in 
        the precinct in which a majority of the room in which the 
        individual usually sleeps is located. 
           Sec. 2.  Minnesota Statutes 1996, 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 
        registration card 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 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 from a voter must submit the completed 
        cards to the secretary of state or the appropriate county 
        auditor within ten days after the cards are dated by the voter. 
           Sec. 3.  Minnesota Statutes 1996, section 201.071, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FORM.] A registration card 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; and voter's signature.  The card must also contain 
        the following a certification:  I certify that I will be at 
        least 18 years old on election day and am a citizen of the 
        United States, that I reside at the address shown and will have 
        resided in Minnesota for 20 days immediately preceding election 
        day, and that I am not under guardianship of the person, have 
        not been found by a court to be legally incompetent to vote, and 
        have not been convicted of a felony without having my civil 
        rights restored.  I understand that giving false information to 
        procure a registration is a felony punishable by not more than 
        five years imprisonment and a fine of not more than $10,000, or 
        both of voter eligibility. 
           The form of the voter registration card and the 
        certification of voter eligibility must be as provided in the 
        rules of the secretary of state.  Voter registration forms 
        authorized by the National Voter Registration Act may also be 
        accepted as valid. 
           Sec. 4.  Minnesota Statutes 1996, section 201.081, is 
        amended to read: 
           201.081 [REGISTRATION FILES.] 
           The statewide registration system is the official record of 
        registered voters.  The voter registration cards and the 
        terminal providing access to the statewide registration system 
        must be under the control of the county auditor or the public 
        official to whom the county auditor has delegated the 
        responsibility for maintaining voter registration records.  The 
        voter registration cards and terminals providing access to the 
        statewide registration system must not be removed from the 
        control of the county auditor except as provided in this 
        subdivision.  The county auditor may make photographic copies of 
        voter registration cards in the manner provided by section 
        138.17.  
           A properly completed voter registration card that has been 
        submitted to the secretary of state or a county auditor must be 
        maintained by the secretary of state or the county auditor for 
        at least 22 months after the date that the information on the 
        card is entered into the database of the statewide registration 
        system.  The secretary of state or the county auditor may 
        dispose of the cards after retention for 22 months in the manner 
        provided by section 138.17. 
           Sec. 5.  Minnesota Statutes 1996, section 201.12, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CHALLENGES.] Upon return of the notice by the 
        postal service, the county auditor or the auditor's staff 
        shall personally ascertain the name and address of that 
        individual.  If the individual is no longer at the address 
        recorded in the statewide registration system, the county 
        auditor shall change the registrant's status to "challenged" in 
        the statewide registration system.  An individual challenged in 
        accordance with this subdivision shall comply with the 
        provisions of section 204C.12, before being allowed to vote.  If 
        a second notice mailed at least 60 days after the return of the 
        first notice is also returned by the postal service, the county 
        auditor may remove the registration card from the file and shall 
        change the registrant's status to "inactive" in the statewide 
        registration system. 
           Sec. 6.  Minnesota Statutes 1996, section 201.121, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ENTRY OF REGISTRATION INFORMATION.] Upon 
        receiving a voter registration card properly completed and 
        submitted in accordance with sections 201.061 and 201.071, the 
        county auditor shall enter in the appropriate registration files 
        and in the statewide registration system the registration card 
        or the information contained on it.  Voter registration cards 
        completed before election day must be entered into the statewide 
        registration system within ten days after they have been 
        submitted to the county auditor. 
           Upon receiving a completed voter registration card or form, 
        the secretary of state may electronically transmit the 
        information on the card or form 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 shall may mail the registration card or form 
        to the county auditor for placement in the appropriate files.  
           Sec. 7.  Minnesota Statutes 1996, section 201.13, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMMISSIONER OF HEALTH, REPORTS OF 
        DECEASED RESIDENTS.] The commissioner of health shall report 
        monthly 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 and remove from 
        the files the registration cards of the voters reported to be 
        deceased. 
           Sec. 8.  Minnesota Statutes 1996, section 201.13, 
        subdivision 2, is amended to read: 
           Subd. 2.  [VOTER REGISTRATION CARD REMOVAL FOR DECEASED 
        NONRESIDENTS.] The county auditor may remove from the files the 
        voter registration cards of voters who have died outside of the 
        county, After receiving notice of death. of a voter who has died 
        outside the county, the county auditor shall change the voter's 
        status to "deceased."  Notice must be in the form of a printed 
        obituary or a written statement signed by a registered voter of 
        the county.  The county auditor shall also make the appropriate 
        changes in the database of the statewide registration system 
        when voter registration cards are removed from the files. 
           Sec. 9.  Minnesota Statutes 1996, section 201.15, is 
        amended to read: 
           201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND 
        COMMITMENTS.] 
           Subdivision 1.  [GUARDIANSHIPS, INCOMPETENTS AND 
        PSYCHOPATHS.] The state court administrator in each county shall 
        report monthly to the county auditor secretary of state the name 
        and, address, and date of birth of each individual 18 years of 
        age or over, who maintains residence in that county and who, 
        during the month preceding the date of the report:  
           (a) was placed under a guardianship of the person; 
           (b) was adjudged legally incompetent by reason of mental 
        illness, mental deficiency, or inebriation; or 
           (c) was adjudged a sexually dangerous person or a person 
        with a sexual psychopathic personality.  
           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), (b), 
        or (c).  Upon receipt of the report, the county auditor shall 
        determine whether any individual named in the report is 
        registered to vote 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.] The district judge in 
        each county state court administrator shall report monthly to 
        the county auditor secretary of state the name and, 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.  Upon notice from the judge 
        exercising probate jurisdiction of a restoration to capacity, or 
        of a transfer from guardianship to conservatorship, 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. 10.  [201.155] [REPORT ON FELONY CONVICTIONS.] 
           The state court administrator shall report monthly 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. 11.  Minnesota Statutes 1996, 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." 
           The county auditor shall remove the voter registration card 
        of any voter whose name appears on the report.  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 1996, section 203B.01, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [HEALTH CARE FACILITY.] "Health care facility" 
        means a licensed hospital, sanitarium, or other institution as 
        defined in section 144.50, subdivision 2, or a nursing home 
        licensed to serve adults under section 144A.02. 
           Sec. 13.  Minnesota Statutes 1996, section 203B.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [VIOLATION.] No individual shall 
        intentionally:  
           (a) make or sign any false certificate required by this 
        chapter; 
           (b) make any false or untrue statement in any application 
        for absentee ballots; 
           (c) apply for absentee ballots more than once in any 
        election with the intent to cast an illegal ballot; 
           (d) exhibit a ballot marked by that individual to any other 
        individual; 
           (e) do any act in violation of the provisions of this 
        chapter for the purpose of casting an illegal vote in any 
        precinct or for the purpose of aiding another to cast an illegal 
        vote; or 
           (f) use information from absentee ballot materials or 
        records for purposes unrelated to elections, political 
        activities, or law enforcement; or 
           (g) provide assistance to an absentee voter except in the 
        manner provided by section 204C.15, subdivision 1. 
           Before inspecting information from absentee ballot 
        materials or records, an individual shall provide identification 
        to the public official having custody of the material or 
        information.  
           Sec. 14.  Minnesota Statutes 1996, section 203B.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION PROCEDURES.] Except as 
        otherwise allowed by subdivision 2, an application for absentee 
        ballots for any election may be submitted at any time not less 
        than one day before the day of that election.  The county 
        auditor shall prepare absentee ballot application forms in the 
        format provided in the rules of the secretary of state and shall 
        furnish them to any person on request.  An application submitted 
        pursuant to this subdivision shall be in writing and shall be 
        submitted to:  
           (a) the county auditor of the county where the applicant 
        maintains residence; or 
           (b) the municipal clerk of the municipality, or school 
        district if applicable, where the applicant maintains residence. 
           An application shall be accepted if it is signed and dated 
        by the applicant, contains the applicant's name and residence 
        and mailing addresses, and states that the applicant is eligible 
        to vote by absentee ballot for one of the reasons specified in 
        section 203B.02.  An application may be submitted to the county 
        auditor or municipal clerk by an electronic facsimile device, at 
        the discretion of the auditor or clerk.  An application mailed 
        or returned in person to the county auditor or municipal clerk 
        on behalf of a voter by a person other than the voter must be 
        deposited in the mail or returned in person to the county 
        auditor or municipal clerk within ten days after it has been 
        dated by the voter and no later than six days before the 
        election.  The absentee ballot applications or a list of persons 
        applying for an absentee ballot may not be made available for 
        public inspection until the close of voting on election day.  
           Sec. 15.  Minnesota Statutes 1996, section 203B.06, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DELIVERY OF BALLOTS.] If an application for 
        absentee ballots is accepted at a time when absentee ballots are 
        not yet available for distribution, the county auditor, or 
        municipal clerk accepting the application shall file it and as 
        soon as absentee ballots are available for distribution shall 
        mail them to the address specified in the application.  If an 
        application for absentee ballots is accepted when absentee 
        ballots are available for distribution, the county auditor or 
        municipal clerk accepting the application shall promptly:  
           (a) Mail the ballots to the voter whose signature appears 
        on the application if the application is submitted by mail; or 
           (b) Deliver the absentee ballots directly to the voter if 
        the application is submitted in person; or 
           (c) Deliver the absentee ballots in a sealed transmittal 
        envelope to an agent who has been designated to bring the 
        ballots to a voter who is a patient in a health care facility, 
        as provided in section 203B.11, subdivision 4.  
           If an application does not indicate the election for which 
        absentee ballots are sought, the county auditor or municipal 
        clerk shall mail or deliver only the ballots for the next 
        election occurring after receipt of the application.  Only one 
        set of ballots may be mailed or delivered to an applicant for 
        any election, except as provided in section 203B.13, subdivision 
        2, or when a replacement ballot has been requested by the voter 
        for a ballot that has been spoiled or lost in transit. 
           This subdivision does not apply to applications for 
        absentee ballots received pursuant to sections 203B.04, 
        subdivision 2, and 203B.11.  
           Sec. 16.  Minnesota Statutes 1996, section 203B.08, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MARKING AND RETURN BY VOTER.] An eligible 
        voter who receives absentee ballots as provided in this chapter 
        shall mark them in the manner specified in the directions for 
        casting the absentee ballots.  The return envelope containing 
        marked ballots may be mailed as provided in the directions for 
        casting the absentee ballots or may be left with the county 
        auditor or municipal clerk who transmitted the absentee ballots 
        to the voter.  
           The voter may designate an agent to deliver in person the 
        sealed absentee ballot return envelope to the county auditor or 
        municipal clerk or to deposit the return envelope in the mail.  
        An agent may deliver or mail the return envelopes of not more 
        than three voters in any election.  Any person designated as an 
        agent who tampers with either the return envelope or the voted 
        ballots or does not immediately mail or deliver the return 
        envelope to the county auditor or municipal clerk is guilty of a 
        misdemeanor. 
           Sec. 17.  [203B.081] [LOCATIONS FOR ABSENTEE VOTING IN 
        PERSON.] 
           An eligible voter may vote by absentee ballot in the office 
        of the county auditor and at any other polling place designated 
        by the county auditor during the 30 days before the election.  
        At least one voting booth in each polling place must be made 
        available by the county auditor for this purpose.  
           Sec. 18.  Minnesota Statutes 1996, section 203B.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERALLY.] Each full-time municipal clerk 
        who has authority under section 203B.05 to administer absentee 
        voting laws shall designate election judges to deliver absentee 
        ballots in accordance with this section.  The county auditor may 
        also designate election judges to perform the duties in this 
        section.  A ballot may be delivered only to an eligible voter 
        who is a temporary or permanent resident or patient in a health 
        care facility or hospital located in the municipality in which 
        the voter maintains residence.  The ballots shall be delivered 
        by two election judges, each of whom is affiliated with a 
        different major political party.  When the election judges 
        deliver or return ballots as provided in this section, they 
        shall travel together in the same vehicle.  Both election judges 
        shall be present when an applicant completes the certificate of 
        eligibility and marks the absentee ballots, and may assist an 
        applicant as provided in section 204C.15.  The election judges 
        shall deposit the return envelopes containing the marked 
        absentee ballots in a sealed container and return them to the 
        clerk on the same day that they are delivered and marked. 
           Sec. 19.  Minnesota Statutes 1996, section 203B.11, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [AGENT DELIVERY OF BALLOTS.] During the four days 
        preceding an election and until 4:00 p.m. on election day, an 
        eligible voter who is a patient of a health care facility may 
        designate an agent to deliver the ballots to the voter from the 
        county auditor or municipal clerk.  The voted ballots must be 
        returned to the county auditor or municipal clerk no later than 
        5:00 p.m. on election day.  The voter must complete an affidavit 
        requesting the auditor or clerk to provide the agent with the 
        ballots in a sealed transmittal envelope.  The affidavit must 
        include a statement from the voter stating that the ballots were 
        delivered to the voter by the agent in the sealed transmittal 
        envelope.  An agent may deliver ballots to no more than three 
        persons in any election.  The secretary of state shall provide 
        samples of the affidavit and transmission envelope for use by 
        the county auditors. 
           Sec. 20.  Minnesota Statutes 1996, 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; 
           (a) (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; 
           (b) (3) the voter is registered and eligible to vote in the 
        precinct or has included a properly completed registration card 
        in the return envelope; and 
           (c) (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 (a) (1) to 
        (c) (4), they shall mark the return envelope "Rejected," initial 
        or sign it below the word "Rejected," and return it to the 
        county auditor.  
           Sec. 21.  Minnesota Statutes 1996, section 203B.12, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [NAMES OF PERSONS SUBMITTING ABSENTEE 
        BALLOTS.] The names of voters who have submitted an absentee 
        ballot return envelope to the county auditor or municipal clerk 
        may not be made available for public inspection until the close 
        of voting on election day.  
           Sec. 22.  Minnesota Statutes 1996, section 203B.13, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT.] The governing body of 
        any county that has established a counting center as provided in 
        section 206.85, subdivision 2, any municipality may by 
        ordinance, or the school board of any school district may 
        by ordinance or resolution, authorize an absentee ballot board.  
        The board shall consist of a sufficient number of election 
        judges appointed as provided in sections 204B.19 to 204B.22.  
           Sec. 23.  Minnesota Statutes 1996, section 203B.13, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DUTIES.] The absentee ballot board may do any of 
        the following:  
           (a) Receive from each precinct in the municipality or 
        school district all ballot envelopes marked "Accepted" by the 
        election judges; provided that the governing body of a 
        municipality or the school board of a school district may 
        authorize the board to examine all return absentee ballot 
        envelopes and receive or reject absentee ballots in the manner 
        provided in section 203B.12; 
           (b) Open and count the absentee ballots, tabulating the 
        vote in a manner that indicates each vote of the absentee voter 
        and the total absentee vote cast for each candidate or question 
        in each precinct; or 
           (c) Report the vote totals tabulated for each precinct.  
           The absentee ballot board may begin the process of 
        examining the return envelopes and marking them "accepted" or 
        "rejected" at any time during the 30 days before the election.  
        If an envelope has been rejected at least five days before the 
        election, the ballots in the envelope must be considered spoiled 
        ballots and the official in charge of the absentee ballot board 
        shall provide the voter with a replacement absentee ballot and 
        return envelope in place of the spoiled ballot.  The secretary 
        of state shall provide samples of the replacement ballot and 
        return envelope for use by the county auditor. 
           Sec. 24.  Minnesota Statutes 1996, section 203B.16, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [DUTIES OF MUNICIPAL CLERK.] The municipal clerk 
        shall administer the duties of the county auditor in sections 
        203B.16 to 203B.27 for municipal elections not held on the same 
        day as a state or county election.  
           Sec. 25.  Minnesota Statutes 1996, section 203B.19, is 
        amended to read: 
           203B.19 [RECORDING APPLICATIONS.] 
           Upon accepting an application, the county auditor shall 
        record in a permanent register 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.  After recording this information, 
        The county auditor shall retain the application record for two 
        four years after the date of the next general election.  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.  
           Sec. 26.  Minnesota Statutes 1996, section 204B.06, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [PROOF OF ELIGIBILITY.] A candidate for judicial 
        office or for the office of county attorney shall submit with 
        the affidavit of candidacy proof that the candidate is licensed 
        to practice law in this state. 
           A candidate for county sheriff shall submit with the 
        affidavit of candidacy proof of licensure as a peace officer in 
        this state. 
           Sec. 27.  Minnesota Statutes 1996, section 204B.146, is 
        amended to read: 
           204B.146 [DUTIES OF SECRETARY OF STATE.] 
           Subdivision 1.  [REDISTRICTING.] The secretary of state 
        shall conduct conferences with the county auditors, municipal 
        clerks, and school district clerks to instruct them on the 
        procedures for redistricting of election districts and 
        establishment of election precincts in the year ending in one.  
           Subd. 2.  [PRECINCT AND ELECTION DISTRICT BOUNDARIES.] The 
        secretary of state shall maintain a computer database of 
        precinct and election district boundaries.  The secretary of 
        state shall revise the information in the database whenever a 
        precinct or election district boundary is changed.  The 
        secretary of state shall prepare maps illustrating precinct and 
        election district boundaries in either paper or electronic 
        formats and make them available to the public at the cost of 
        production. 
           The secretary of state may authorize municipalities and 
        counties to provide updated precinct and election district 
        boundary information in electronic formats. 
           The secretary of state shall provide periodic updates of 
        precinct and election district boundaries to the legislative 
        coordinating commission, the state demographer, and the land 
        management information center. 
           At least 30 days before the state primary, the secretary of 
        state shall provide the county auditor with maps of each 
        precinct in municipalities with more than one precinct.  The 
        county auditor shall forward the maps to the appropriate 
        municipal clerks, who shall post the map in the polling place on 
        the day of the state primary and the state general election. 
           Sec. 28.  Minnesota Statutes 1996, section 204B.15, is 
        amended to read: 
           204B.15 [UNORGANIZED TERRITORY; ELECTION PRECINCTS.] 
           A county board, at its meeting in either January or July, 
        upon the petition of not less than ten eligible voters residing 
        in unorganized territory more than ten miles from the polling 
        place in any established precinct, shall may establish a new 
        election precinct precincts to serve the residents of 
        unorganized territories.  The board shall designate a polling 
        place for the new precinct that is convenient for the 
        individuals residing in it.  No polling place designated under 
        this section shall be located within ten miles of an existing 
        polling place.  
           Sec. 29.  Minnesota Statutes 1996, section 204B.16, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [NOTICE TO VOTERS.] If the location of a polling 
        place has been changed, the governing body establishing the 
        polling place shall send each to every affected household with 
        at least one registered voter in the affected precinct a 
        nonforwardable mailed notice stating the location of the new 
        polling place at least 25 days before the next election.  The 
        secretary of state shall prepare a sample of this notice.  A 
        notice that is returned as undeliverable must be forwarded 
        immediately to the county auditor, who shall change the 
        registrant's status to "challenged" in the statewide 
        registration system.  This subdivision does not apply to a 
        polling place location that is changed on election day under 
        section 204B.17. 
           Sec. 30.  Minnesota Statutes 1996, 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 30 90 days prior to an 
        election 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. 31.  Minnesota Statutes 1996, section 204B.22, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MINIMUM NUMBER REQUIRED.] A minimum of 
        three election judges shall be appointed for each precinct.  In 
        a combined polling place under section 204B.14, subdivision 2, 
        at least one judge must be appointed from each municipality in 
        the combined polling place, provided that not less than three 
        judges shall be appointed for each combined polling place.  The 
        appointing authorities may appoint election judges for any 
        precinct in addition to the number required by this subdivision 
        including additional election judges to count ballots after 
        voting has ended.  An election judge may serve for all or part 
        of election day, at the discretion of the appointing authority, 
        as long as the minimum number of judges required is always 
        present. 
           Sec. 32.  Minnesota Statutes 1996, section 204B.23, is 
        amended to read: 
           204B.23 [VACANCIES AMONG ELECTION JUDGES.] 
           A vacancy on an election board occurs when any election 
        judge who is a member of that board:  
           (a) Fails to arrive at the polling place within 30 minutes 
        after the time when the polling place is scheduled to open; 
           (b) Becomes unable to perform the duties of the office 
        after assuming those duties; or 
           (c) For any reason fails or refuses to perform the duties 
        of the office as assigned by the chair of the election board. 
           When a vacancy occurs, the remaining election judges of the 
        precinct shall elect an individual to fill the vacancy subject 
        to the provisions of section 204B.19.  When possible the 
        election judges shall elect individuals who have been trained as 
        election judges pursuant to section 204B.25.  The oath signed by 
        the new election judge shall indicate that the new election 
        judge was elected to fill a vacancy.  The municipal clerk may 
        assign election judges to fill vacancies as they occur. 
           Sec. 33.  Minnesota Statutes 1996, section 204B.27, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [ELECTION SUPPLY CONTRACT.] The secretary of 
        state may enter into a statewide contract from which any county 
        auditor may purchase ballots, forms, or other election supplies. 
           Sec. 34.  Minnesota Statutes 1996, section 204B.31, is 
        amended to read: 
           204B.31 [COMPENSATION FOR ELECTION SERVICES.] 
           Subdivision 1.  [COMPENSATION.] The compensation for 
        services performed under the Minnesota election law shall be as 
        follows: 
           (a) To presidential electors from funds appropriated to the 
        secretary of state for this purpose, $35 for each day of 
        attendance at the capitol and mileage for travel to and from the 
        capitol in the amount allowed for state employees in accordance 
        with section 43A.18, subdivision 2; 
           (b) To individuals, other than county, city, school 
        district, or town employees during their normal work day, who 
        are appointed by the county auditor to carry ballots to or from 
        the county auditor's office, a sum not less than the prevailing 
        Minnesota minimum wage for each hour spent in carrying ballots 
        and mileage in the amount allowed pursuant to section 471.665, 
        subdivision 1; 
           (c) To members of county canvassing boards, a sum not less 
        than the prevailing Minnesota minimum wage for each hour 
        necessarily spent and an amount for each mile of necessary 
        travel equal to the amount allowed pursuant to section 471.665, 
        subdivision 1; 
           (d) To election judges serving in any city, an amount fixed 
        by the governing body of the city; to election judges serving in 
        any school district election which is not held in conjunction 
        with a state election, an amount fixed by the school board of 
        the school district; to election judges serving in unorganized 
        territory, an amount fixed by the county board; and to election 
        judges serving in towns, an amount fixed by the town board.  
        Election judges shall receive at least the prevailing Minnesota 
        minimum wage for each hour spent carrying out their duties at 
        the polling places and in attending training sessions required 
        by section 204B.25, except as provided in subdivision 2.  An 
        election judge who travels to pick up election supplies or to 
        deliver election returns to the county auditor shall receive, in 
        addition to other compensation authorized by this section, a sum 
        not less than the prevailing Minnesota minimum wage for each 
        hour spent performing these duties, plus mileage in the same 
        amount as allowed pursuant to section 471.665, subdivision 1; 
        and 
           (e) To sergeants at arms, an amount for each hour of 
        service performed at the direction of the election judges, fixed 
        in the same manner as compensation for election judges. 
           Subd. 2.  [VOLUNTEER SERVICE.] Any person appointed to 
        serve as an election judge may elect to serve without payment by 
        submitting a written statement to the appropriate governing body 
        no later than ten days before the election. 
           Sec. 35.  Minnesota Statutes 1996, section 204B.36, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CANDIDATES AND OFFICES.] The name of each 
        candidate shall be printed at a right angle to the length of the 
        ballot.  At a general election the name of the political party 
        or the political principle of each candidate for partisan office 
        shall be printed above or below the name of the candidate.  The 
        name of a political party or a political principle shall be 
        printed in capital and lower case letters of the same type, with 
        the capital letters at least one-half the height of the capital 
        letters used for names of the candidates.  At a general 
        election, blank lines containing the words "write-in, if any" 
        shall be printed below the name of the last candidate for each 
        office, or below the title of the office if no candidate has 
        filed for that office, so that a voter may write in the names of 
        individuals whose names are not on the ballot.  One blank line 
        shall be printed for each officer of that kind to be elected.  
        At a primary election, no blank lines shall be provided for 
        writing in the names of individuals whose names do not appear on 
        the primary ballot.  
           On the left side of the ballot at the same level with the 
        name of each candidate and each blank line shall be printed a 
        square in which the voter may designate a vote by a mark (X). 
        Each square shall be the same size.  Above the first name on 
        each ballot shall be printed the words, "Put an (X) in the 
        square opposite the name of each candidate you wish to vote 
        for."  At the same level with these words and directly above the 
        squares shall be printed a small arrow pointing downward.  
        Directly underneath the official title of each office shall be 
        printed the words "Vote for one" or "Vote for up to ..." (any 
        greater number to be elected). 
           Sec. 36.  [204B.47] [ALTERNATE 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 election procedures 
        to permit the administration of any election affected by the 
        order.  The alternate 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. 37.  Minnesota Statutes 1996, section 204C.08, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [SAMPLE BALLOTS.] A sample ballot must be posted 
        in a conspicuous location in the polling place.  The sample 
        ballot must accurately reflect the offices, candidates, and 
        rotation sequence on the ballots used in that polling place. 
           Sec. 38.  Minnesota Statutes 1996, section 204C.15, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [INTERPRETERS; PHYSICAL ASSISTANCE IN 
        MARKING BALLOTS.] A voter who claims under oath a need for 
        assistance because of inability to read English or physical 
        inability to mark a ballot may obtain the aid of two election 
        judges who are members of different major political parties.  
        The election judges shall mark the ballots as directed by the 
        voter and in as secret a manner as circumstances permit.  If the 
        voter is deaf or cannot speak English or understand it when it 
        is spoken, the election judges may select two individuals who 
        are members of different major political parties to act as 
        interpreters.  The interpreters shall take an oath similar to 
        that taken by election judges, and shall assist the individual 
        in marking the ballots.  A voter in need of assistance may 
        alternatively obtain the assistance of any individual the voter 
        chooses.  The individual who assists the voter shall take an 
        oath of eligibility to do so.  Only the following persons may 
        not provide assistance to a voter:  the voter's employer, an 
        agent of the voter's employer, an officer or agent of the 
        voter's union, or a candidate for election.  The person who 
        assists the voter shall, unaccompanied by an election judge, 
        retire with that voter to a booth and mark the ballot as 
        directed by the voter.  No person who assists another voter as 
        provided in the preceding sentence shall mark the ballots of 
        more than three voters at one election.  Before the ballots are 
        deposited, the voter may show them privately to an election 
        judge to ascertain that they are marked as the voter directed.  
        An election judge or other individual assisting a voter shall 
        not in any manner request, persuade, induce, or attempt to 
        persuade or induce the voter to vote for any particular 
        political party or candidate.  The election judges or other 
        individuals who assist the voter shall not reveal to anyone the 
        name of any candidate for whom the voter has voted or anything 
        that took place while assisting the voter. 
           Sec. 39.  Minnesota Statutes 1996, section 204C.31, 
        subdivision 2, is amended to read: 
           Subd. 2.  [STATE CANVASSING BOARD.] The state canvassing 
        board shall consist of the secretary of state, two judges of the 
        supreme court or the court of appeals, and two judges of the 
        district court selected by the secretary of state.  None of the 
        judges shall be a candidate at the election.  If a judge fails 
        to appear at the meeting of the canvassing board, the secretary 
        of state shall fill the vacancy in membership by selecting 
        another judge who is not a candidate at the election.  Not more 
        than two judges of the supreme court shall serve on the 
        canvassing board at one time.  
           Sec. 40.  Minnesota Statutes 1996, section 204C.32, is 
        amended to read: 
           204C.32 [CANVASS OF STATE PRIMARIES.] 
           Subdivision 1.  [COUNTY CANVASS.] The county canvassing 
        board shall meet at the county auditor's office at 10:00 a.m. on 
        or before the third day following the state primary.  After 
        taking the oath of office, the canvassing board shall publicly 
        canvass the election returns delivered to the county auditor.  
        The board shall complete the canvass by the evening of the sixth 
        day following the election no later than the third day following 
        the state primary and shall promptly prepare and file with the 
        county auditor a report that 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) For each major political party, the names of the 
        candidates running for each partisan office and the number of 
        votes received by each candidate in the county and in each 
        precinct; 
           (d) The names of the candidates of each major political 
        party who are nominated; and 
           (e) The number of votes received by each of the candidates 
        for nonpartisan office in each precinct in the county and the 
        names of the candidates nominated for nonpartisan office.  
           Upon completion of the canvass, the county auditor shall 
        mail or deliver a notice of nomination to each nominee voted for 
        only in that 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.  
           Subd. 2.  [STATE CANVASS.] The state canvassing board shall 
        meet at the secretary of state's office on the second 
        Friday seven days after the state primary to canvass the 
        certified copies of the county canvassing board reports received 
        from the county auditors.  No later than two days Immediately 
        after the canvassing board declares the results, the secretary 
        of state shall certify the names of the nominees to the county 
        auditors and.  The secretary of state shall mail to each nominee 
        a notice of nomination. 
           Sec. 41.  Minnesota Statutes 1996, 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 
        third 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; 
           (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.  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 promptly 
        certify to the secretary of state the vote reported by the 
        county canvassing board for candidates voted for in more than 
        one 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. 42.  Minnesota Statutes 1996, section 205.10, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROHIBITION.] No special election shall be held 
        under this section on the second Tuesday in December and no 
        special election authorized under subdivision 1 may be held 
        within 40 days after the state general election. 
           Sec. 43.  Minnesota Statutes 1996, section 205.13, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AFFIDAVIT OF CANDIDACY.] An individual who 
        is eligible and desires to become a candidate for an office to 
        be voted for at the municipal general election shall file an 
        affidavit of candidacy with the municipal clerk.  Subject to the 
        approval of the county auditor, the town clerk may authorize 
        candidates for township offices to file affidavits of candidacy 
        with the county auditor.  The affidavit shall be in 
        substantially the same form as that in section 204B.06, 
        subdivision 1.  The municipal clerk shall also accept an 
        application signed by not less than five voters and filed on 
        behalf of an eligible voter in the municipality whom they desire 
        to be a candidate, if service of a copy of the application has 
        been made on the candidate and proof of service is endorsed on 
        the application being filed.  Upon receipt of the proper filing 
        fee, the clerk shall place the name of the candidate on the 
        official ballot without partisan designation.  
           Sec. 44.  Minnesota Statutes 1996, section 205.17, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [FORM OF BALLOT.] The ballots for municipal 
        elections must be prepared by the municipal clerk in the manner 
        provided in the rules of the secretary of state. 
           Sec. 45.  Minnesota Statutes 1996, section 205A.05, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [QUESTIONS.] Special elections must be held 
        for a school district on a question on which the voters are 
        authorized by law to pass judgment.  The school board may on its 
        own motion call a special election to vote on any matter 
        requiring approval of the voters of a district.  Upon petition 
        of 50 or more voters of the school district or five percent of 
        the number of voters voting at the preceding regular school 
        district election, the school board shall by resolution call a 
        special election to vote on any matter requiring approval of the 
        voters of a district.  A question is carried only with the 
        majority in its favor required by law.  The election officials 
        for a special election are the same as for the most recent 
        school district general election unless changed according to 
        law.  Otherwise, special elections must be conducted and the 
        returns made in the manner provided for the school district 
        general election.  A special election may not be held during the 
        30 days before and the 30 days after the state primary or, 
        during the 30 days before and the 40 days after the state 
        general election, or on the second Tuesday in December.  In 
        addition, a special election may not be held during the 20 days 
        before and the 20 days after any regularly scheduled election of 
        a municipality wholly or partially within the school district.  
        Notwithstanding any other law to the contrary, the time period 
        in which a special election must be conducted under any other 
        law may be extended by the school board to conform with the 
        requirements of this subdivision. 
           Sec. 46.  Minnesota Statutes 1996, section 205A.08, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [FORM OF BALLOT.] The ballots for school district 
        elections must be prepared by the school district clerk in the 
        manner provided in the rules of the secretary of state. 
           Sec. 47.  Minnesota Statutes 1996, section 206.55, is 
        amended to read: 
           206.55 [MINNESOTA ELECTION LAW APPLIES.] 
           The use of lever voting machines and electronic voting 
        systems is governed by sections 206.55 to 206.87 206.90 and by 
        all other provisions of the Minnesota election law which are not 
        inconsistent with sections 206.55 to 206.87 206.90.  
           Sec. 48.  Minnesota Statutes 1996, section 206.56, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE.] The definitions in chapter 200 and 
        in this section apply to sections 206.55 to 206.87 206.90.  
           Sec. 49.  Minnesota Statutes 1996, section 206.56, 
        subdivision 3, is amended to read: 
           Subd. 3.  [BALLOT.] "Ballot" includes ballot strips, ballot 
        cards, ballot booklets, and paper ballots.  
           Sec. 50.  Minnesota Statutes 1996, section 206.56, 
        subdivision 5, is amended to read: 
           Subd. 5.  [BALLOT CARD.] "Ballot card" means a ballot which 
        is voted by the process of punching or which is marked so that 
        votes may be counted by automatic tabulating equipment.  
           Sec. 51.  Minnesota Statutes 1996, section 206.56, 
        subdivision 8, is amended to read: 
           Subd. 8.  [ELECTRONIC VOTING SYSTEM.] "Electronic voting 
        system" means a system in which the voter records votes by means 
        of marking or punching a ballot, which is designed so that votes 
        may be counted by automatic tabulating equipment at a counting 
        center.  
           Sec. 52.  Minnesota Statutes 1996, section 206.56, 
        subdivision 9, is amended to read: 
           Subd. 9.  [MARKING DEVICE.] "Marking device" means either 
        an apparatus in which ballot cards are inserted and used in 
        connection with a punch instrument for the piercing of the 
        ballot cards by the voter or any approved device for marking a 
        paper ballot with ink or other substance which will enable the 
        ballot to be tabulated by means of automatic tabulating 
        equipment.  The mark made by the marking device may be in the 
        form of a round dot, a square, or any other shape that will 
        clearly indicate the intent of the voter.  
           Sec. 53.  Minnesota Statutes 1996, section 206.57, is 
        amended to read: 
           206.57 [EXAMINATION OF NEW VOTING SYSTEMS.] 
           Subdivision 1.  [EXAMINATION AND REPORT BY SECRETARY OF 
        STATE; APPROVAL.] A vendor of a lever voting machine or an 
        electronic voting system may apply to the secretary of state to 
        examine the machine or system and to report as to its compliance 
        with the requirements of law and as to its accuracy, durability, 
        efficiency, and capacity to register the will of voters.  The 
        secretary of state or a designee shall examine the machine or 
        system submitted and file a report on it in the office of the 
        secretary of state.  Examination is not required of every 
        individual machine or counting device, but only of each type of 
        lever voting machine or electronic voting system before its 
        adoption, use, or purchase and before its continued use after 
        significant changes have been made in an approved machine or 
        system.  The examination must include the ballot programming, 
        vote counting, and vote accumulation functions of each voting 
        machine or system. 
           If the report of the secretary of state or the secretary's 
        designee concludes that the kind of machine or system examined 
        complies with the requirements of sections 206.55 to 206.90 and 
        can be used safely, the machine or system shall be deemed 
        approved by the secretary of state, and may be adopted and 
        purchased for use at elections in this state.  A voting machine 
        or system not approved by the secretary of state may not be used 
        at an election in this state.  The secretary of state may adopt 
        permanent rules consistent with sections 206.55 to 206.90 
        relating to the examination and use of voting machines and 
        electronic voting systems.  
           Subd. 2.  [EXAMINATION FEE.] The secretary of state may 
        assess a fee to accompany the application to cover the actual 
        and necessary costs for the examinations and licenses provided 
        for in this section.  The fee shall must be deposited in the 
        state treasury.  The expenses of administering this 
        section shall must be paid from the appropriations made to the 
        secretary of state.  
           Subd. 4.  [VENDOR BONDS.] Vendors of lever voting machines 
        or electronic voting systems shall certify to the secretary of 
        state that they will not offer for sale any voting machine or a 
        system which is not certified for use in Minnesota elections.  
        The vendor shall furnish a bond in the amount of $5,000 along 
        with the certification to the secretary of state conditioned on 
        offering the equipment for sale in accordance with Minnesota 
        election laws and any conditions of the approval of the 
        equipment granted as provided in this section.  
           Sec. 54.  Minnesota Statutes 1996, section 206.58, is 
        amended to read: 
           206.58 [AUTHORIZATION FOR USE.] 
           Subdivision 1.  [MUNICIPALITIES.] The governing body of a 
        municipality, at a regular meeting or at a special meeting 
        called for the purpose, may provide for the use of lever voting 
        machines or, by the affirmative vote of two-thirds of its 
        members, may provide for the use of an electronic voting system, 
        in one or more precincts and at all elections in the precincts, 
        subject to approval by the county auditor.  The governing body 
        shall disseminate information to the public about the use of a 
        new voting system at least 60 days prior to the election and 
        shall provide for instruction of voters with a demonstration 
        voting machine or device system in a public place for the six 
        weeks immediately prior to the first election at which the new 
        voting system will be used.  
           If a machine is designed in a way that does not allow 
        voting on all candidates and issues pursuant to this chapter, 
        the machines may be used to the extent compliance with this 
        chapter is possible and paper ballots complying with election 
        laws shall be used for all other offices and issues.  No machine 
        or system shall may be adopted or used unless it has been 
        approved by the secretary of state pursuant to section 206.57. 
           Subd. 2.  [MAY USE EXPERIMENTAL MACHINES SYSTEMS.] The 
        governing body of a municipality may provide for the 
        experimental use of lever voting machines or an electronic 
        voting system in one or more precincts without formal adoption 
        of the machines or system.  Use of the machines or system at an 
        election shall be is as valid for all purposes as if the 
        machines or system had been permanently adopted.  
           When If the governing body of a municipality decides to use 
        lever voting machines or an electronic voting system, it shall, 
        at a regular or special meeting held not less than 30 days 
        before the election, prescribe suitable rules and instructions 
        consistent with sections 206.55 to 206.87 206.90 for using the 
        machine or system and shall submit the rules and instructions to 
        the secretary of state for approval.  When approved, a printed 
        copy of the rules and instructions shall must be posted 
        prominently in the polling place and shall must remain open to 
        inspection by the voters throughout election day.  
           Subd. 3.  [COUNTIES.] The governing body of a county may 
        provide for the use of lever voting machines an electronic 
        voting system in one or more precincts of the county at all 
        elections.  The governing body of a county containing a city of 
        the first class, at a regular meeting or at a special meeting 
        called for the purpose, may provide for the use of lever voting 
        machines or, by the affirmative vote of two-thirds of its 
        members, may provide for the use of an electronic voting system, 
        in one or more municipalities of the county, at all elections.  
        The governing body of the municipality shall give approval 
        before a voting machine or an electronic voting system may be 
        adopted or used in the municipality under the authority of this 
        section.  No machine or system may be adopted or used unless it 
        has been approved by the secretary of state pursuant to section 
        206.57.  
           Subd. 4.  [CERTIFICATION OF USE OF VOTING MACHINES 
        SYSTEMS.] When If a municipality adopts the use of lever voting 
        machines or an electronic voting system, it is the duty of the 
        municipal clerk to shall certify to the secretary of state 
        within 30 days from the date of adoption that lever voting 
        machines or an electronic voting system will be used in the 
        municipality and the date when use will commence.  
           Sec. 55.  Minnesota Statutes 1996, section 206.59, is 
        amended to read: 
           206.59 [PAYMENT FOR MACHINES VOTING SYSTEMS.] 
           Payment for lever voting machines or an electronic voting 
        system may be provided for in the manner deemed in the best 
        interests of the political division adopting and purchasing them 
        it.  A municipality or county may make payment by appropriating 
        money from the general fund, by levying a tax in the same manner 
        as other taxes are levied, or by issuing and selling bonds or 
        other certificates of indebtedness, which shall must be a charge 
        upon the municipality or county adopting and purchasing 
        the lever voting machines or electronic voting system. Bonds or 
        other certificates of indebtedness may be issued by a majority 
        vote of the governing body of the municipality or county 
        adopting and purchasing voting machines or an electronic voting 
        system, notwithstanding any contrary provision contained in any 
        home rule charter or law of this state.  
           The bonds or certificates of indebtedness issued may bear 
        interest at a rate not exceeding the rate provided in section 
        475.55 and may be made payable at a time not exceeding 20 years 
        from the date of issue, as determined by the resolution or 
        ordinance authorizing the issue.  The bonds or certificates of 
        indebtedness may be issued exclusive of and in addition to any 
        limit of indebtedness fixed by the charter of a municipality, or 
        by laws governing a municipality or county, but the bonds or 
        certificates of indebtedness may not be issued or sold at less 
        than par and accrued interest on them.  
           Sec. 56.  Minnesota Statutes 1996, section 206.61, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OFFICIAL RESPONSIBLE FOR PROVIDING 
        BALLOTS.] The official charged with providing paper ballots when 
        they are used shall provide all ballot strips and ballot cards, 
        ballot booklets, diagrams, sample ballots, precinct summary 
        statements, and other necessary supplies needed for lever voting 
        machines or electronic voting systems, except as otherwise 
        provided by this section.  
           At general elections and primaries the county auditor of 
        each county in which lever voting machines or an electronic 
        voting system are is used shall provide all ballot strips, 
        ballot cards, ballot booklets, and other necessary printed forms 
        and supplies needed for the lever voting machines or electronic 
        voting system, including all forms needed for voting on 
        candidates and questions, the ballots for which are required by 
        the election laws to be provided by the state when paper ballots 
        are used.  
           Sec. 57.  Minnesota Statutes 1996, section 206.61, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CANDIDATES' NAMES.] Candidates' names may be set 
        in as large type as the length of the majority of names on the 
        ballot permits.  The remaining candidates' names may be set in 
        smaller sizes of type as the length of each name requires, in 
        order to fit the available space on the ballot strip or ballot 
        booklet card.  
           Sec. 58.  Minnesota Statutes 1996, section 206.61, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ALTERNATION.] The provisions of the election 
        laws requiring the alternation of names of candidates shall must 
        be observed as far as practicable by changing the order of the 
        names on the lever voting machines or an electronic voting 
        system in the various precincts so that each name appears on the 
        machines or marking devices used in a municipality substantially 
        an equal number of times in the first, last, and in each 
        intermediate place in the list or group in which they belong.  
        However, the arrangement of candidates' names shall must be the 
        same on all lever voting machines or marking devices systems 
        used in the same precinct.  When If the number of names to be 
        alternated exceeds the number of precincts, the election 
        official responsible for providing the ballots, in accordance 
        with subdivision 1, shall determine by lot the alternation of 
        names. 
           Sec. 59.  Minnesota Statutes 1996, section 206.62, is 
        amended to read: 
           206.62 [SAMPLE BALLOTS.] 
           The officials who prepare ballot strips or ballot booklets 
        cards shall provide each polling place with at least two sample 
        ballots which are facsimiles of the ballot strip or ballot 
        booklet card to be voted on in that precinct.  Candidates' names 
        may not be rotated on the sample ballots but must be arranged in 
        alphabetical order for all offices where rotation of names on 
        the official ballots is required by law.  The sample ballots may 
        be either in full or reduced size.  They must contain suitable 
        illustrated directions for voting on a lever voting machine or 
        for operating a marking device, or illustrated instructions must 
        be provided on a separate poster placed adjacent to each sample 
        ballot.  The sample ballots must be posted prominently in the 
        polling place and must remain open to inspection by the voters 
        throughout election day.  
           Sec. 60.  Minnesota Statutes 1996, section 206.64, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL PROVISIONS FOR LEVER MACHINE 
        VOTING AND ELECTRONIC SYSTEM VOTING.] Each lever voting machine 
        and electronic voting system booth must be placed and protected 
        so that it is accessible to only one voter at a time and is in 
        full view of all the election judges and challengers at the 
        polling place.  The election judges shall admit one individual 
        at a time to each machine or booth after determining that the 
        individual is eligible to vote.  Voting by lever voting machine 
        or electronic voting system shall must be secret, except as 
        provided in this section for voters who need assistance.  A 
        voter may remain inside the voting booth for three minutes.  A 
        voter who refuses to leave the voting booth after three minutes 
        shall must be removed by the election judges.  An election judge 
        shall inspect the face of each lever voting machine and marking 
        device after each voter has voted to determine that the ballot 
        strips and ballot booklets are in the proper places and that the 
        machine or device has not been injured or tampered with.  During 
        voting hours the door or other compartment of a lever voting 
        machine may not be unlocked or opened, nor may the counters be 
        exposed except by a custodian or other authorized person, who 
        shall make and sign a statement of explanation to be attached to 
        the election returns. 
           Sec. 61.  Minnesota Statutes 1996, section 206.66, is 
        amended to read: 
           206.66 [VIOLATIONS; PENALTIES.] 
           Subdivision 1.  [INJURING VOTING MACHINES.] An individual 
        who intentionally injures or attempts to injure or render 
        ineffectual a lever voting machine or any component of an 
        electronic voting system, or who violates any of the provisions 
        of sections 206.55 to 206.90, is guilty of a felony.  
           Subd. 2.  [VIOLATION OF LAW, RULES.] An individual who 
        violates any rules adopted by the secretary of state or by the 
        governing body of a municipality where lever voting machines or 
        an electronic voting system are is used, or who violates any of 
        the provisions of sections 206.55 to 206.90, is guilty of a 
        gross misdemeanor. 
           Subd. 3.  [PERFORMANCE BOND.] A vendor of voting machines, 
        electronic voting systems, or related election services shall 
        furnish the secretary of state with a sufficient bond 
        conditioned on the performance of those machines, systems, or 
        services in accordance with the Minnesota election law and any 
        contract or agreement made with an election jurisdiction in 
        Minnesota.  The vendor bond required under section 206.57, 
        subdivision 4, may serve as the performance bond required under 
        this subdivision.  The secretary of state shall send notice of 
        the receipt or forfeiture of a bond under this subdivision to 
        each official on the user list. 
           Sec. 62.  Minnesota Statutes 1996, section 206.80, is 
        amended to read: 
           206.80 [ELECTRONIC VOTING SYSTEMS.] 
           (a) An electronic voting system may not be employed unless 
        it: 
           (1) permits every voter to vote in secret; 
           (2) permits every voter to vote for all candidates and 
        questions for whom or upon which the voter is legally entitled 
        to vote; 
           (3) provides for write-in voting when authorized; 
           (4) rejects by means of the automatic tabulating equipment, 
        except as provided in section 206.84 with respect to write-in 
        votes, all votes for an office or question when the number of 
        votes cast on it exceeds the number which the voter is entitled 
        to cast; 
           (5) permits a voter at a primary election to select 
        secretly the party for which the voter wishes to vote; and 
           (6) rejects, by means of the automatic tabulating 
        equipment, all votes cast in a primary election by a voter when 
        the voter votes for candidates of more than one party, except as 
        provided in paragraph (b).  
           (b) A punch card electronic voting system may not be 
        employed at a partisan primary election unless it permits a 
        voter at a partisan primary election to select the party for 
        which the voter wishes to vote by punching out an indicator for 
        one of the parties only, and must reject, by means of the 
        automatic tabulating equipment, all votes cast in a partisan 
        primary election by a voter for candidates of a party other than 
        the one chosen by the voter from the party indicators. 
           Sec. 63.  Minnesota Statutes 1996, section 206.81, is 
        amended to read: 
           206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.] 
           The secretary of state may license an electronic voting 
        system for experimental use at an election prior to its approval 
        for general use.  Experimental use shall must be observed by the 
        secretary of state or the secretary's designee and the results 
        observed shall must be considered at any subsequent proceedings 
        for approval for general use.  The secretary of state may adopt 
        rules consistent with sections 206.55 to 206.87 206.90 relating 
        to experimental use.  The extent of experimental use shall must 
        be determined by the secretary of state.  
           Sec. 64.  Minnesota Statutes 1996, section 206.83, is 
        amended to read: 
           206.83 [TESTING OF VOTING SYSTEMS.] 
           The official in charge of elections shall have the voting 
        system tested to ascertain that the system will correctly count 
        the votes cast for all candidates and on all questions (1) 
        within five days prior to election day, for punch card voting 
        systems, or (2) within 14 days prior to election day, for 
        optical scan voting systems.  Public notice of the time and 
        place of the test must be given at least two days in advance by 
        publication once in official newspapers.  The test must be 
        observed by at least two election judges, who are not of the 
        same major political party, and must be open to representatives 
        of the political parties, candidates, the press, and the 
        public.  The test must be conducted by processing a preaudited 
        group of ballots punched or marked to record a predetermined 
        number of valid votes for each candidate and on each question, 
        and must include for each office one or more ballot cards which 
        have votes in excess of the number allowed by law in order to 
        test the ability of the voting system to reject those votes.  If 
        any error is detected, the cause must be ascertained and 
        corrected and an errorless count must be made before the voting 
        system may be used in the election.  The test for punch card 
        voting systems must be repeated immediately before the start of 
        the official count of the ballots, in the manner provided in 
        this section.  After the completion of the count test, the 
        programs used and ballot cards must be sealed, retained, and 
        disposed of as provided for paper ballots. 
           Sec. 65.  Minnesota Statutes 1996, section 206.84, 
        subdivision 3, is amended to read: 
           Subd. 3.  [BALLOTS.] The ballot information, whether placed 
        on the ballot card or on the ballot booklet must, as far as 
        practicable, must be in the same order provided for paper 
        ballots, except that the information may be in vertical or 
        horizontal rows, or on a number of separate pages.  The 
        secretary of state shall provide by rule for standard ballot 
        formats for electronic voting systems.  
           The pages of a partisan primary ballot booklet must be 
        different colors for different parties.  The colors available 
        for partisan primary ballot booklet pages are purple, orange, 
        and buff.  The chairs of the major political parties shall 
        choose from among those colors in a random drawing conducted by 
        the secretary of state.  A color chosen by a party is 
        permanently assigned to that party. 
           A partisan primary ballot booklet must be designed to 
        include a form of party indicator by which the voter may choose 
        the party in whose primary the voter intends to vote. 
           All pages of a party's primary ballot must be consecutive, 
        without the insertion of pages from another party.  Partisan 
        primary ballot booklets must contain a prominent notice of the 
        effect of attempting to vote in more than one party's primary.  
        A separate ballot booklet may also be used for each party in a 
        partisan primary.  
           Ballots for all questions must be provided in the same 
        manner.  Where ballot booklets are placed in a marking device, 
        they shall be arranged on or in the marking device in the places 
        provided.  Ballot cards may contain special printed marks and 
        holes as required for proper positioning and reading of the 
        ballots by electronic vote counting equipment.  Ballot cards 
        must contain an identification of the precinct for which they 
        have been prepared which can be read visually and which can be 
        tabulated by the automatic tabulating equipment. 
           Sec. 66.  Minnesota Statutes 1996, section 206.84, 
        subdivision 6, is amended to read: 
           Subd. 6.  [DUTIES OF OFFICIAL IN CHARGE.] The official in 
        charge of elections in each municipality where an electronic 
        voting system is used shall have the marking devices voting 
        systems put in order, set, adjusted, and made ready for voting 
        when delivered to the election precincts.  The official shall 
        also provide each precinct with a container for transporting 
        ballot cards to the counting location after the polls close.  
        The container shall be of sturdy material to protect the ballots 
        from all reasonably foreseeable hazards including auto 
        collisions.  The election judges shall meet at the polling place 
        at least one hour before the time for opening the polls.  Before 
        the polls open the election judges shall compare the 
        ballot booklets cards used with the sample ballots furnished to 
        see that the names, numbers, and letters on both agree and shall 
        certify to that fact on forms provided for the purpose.  The 
        certification must be filed with the election returns.  
           Sec. 67.  Minnesota Statutes 1996, section 206.84, 
        subdivision 7, is amended to read: 
           Subd. 7.  [SPOILED BALLOT CARDS.] A voter who spoils a 
        ballot card or makes an error may return it to the election 
        judges and obtain another.  Except as otherwise provided in 
        sections 206.55 to 206.87 206.90, the election judges shall 
        conduct the election in the manner prescribed for precincts 
        using paper ballots in chapters 204C and 204D.  
           Sec. 68.  Minnesota Statutes 1996, section 206.86, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AT THE VOTING LOCATION.] In precincts 
        where an electronic voting system is used, as soon as the polls 
        are closed the election judges shall secure the marking devices 
        voting systems against further voting.  They shall then open the 
        ballot box and count the number of ballot cards or envelopes 
        containing ballot cards that have been cast to determine that 
        the number of ballot cards does not exceed the number of voters 
        shown on the election register or registration file.  If there 
        is an excess, the judges shall process the ballot cards in the 
        same manner as paper ballots are processed in section 204C.20, 
        subdivision 2.  The total number of voters must be entered on the 
        forms provided.  The judges shall next count the write-in votes 
        and enter the number of those votes on forms provided for the 
        purpose.  If ballot cards are used, all ballot envelopes on 
        which write-in votes have been recorded must be serially 
        numbered, starting with the number one, and the same number must 
        be placed on the ballot card of the voter.  The judges shall 
        compare the write-in votes with the votes cast on the ballot 
        card.  If the total number of votes for any office exceeds the 
        number allowed by law, a notation to that effect must be entered 
        on the back of the ballot card and the card must be returned to 
        the counting center in an envelope marked "defective ballots"; 
        however, valid votes on ballot cards containing invalid votes 
        must be counted as provided in subdivision 5.  If paper ballots 
        are used, the judges, before counting the write-in votes, shall 
        compare the write-in votes with the votes cast elsewhere on the 
        ballot card.  If the total number of votes for an office 
        involving a write-in vote exceeds the number allowed by law, a 
        notation to that effect must be entered on the back of the 
        ballot.  Valid votes on the rest of such a ballot must be 
        tallied by the judges at the precinct, on a form provided for 
        the purpose.  The ballot must then be placed in an envelope 
        marked "defective ballots" and returned to the counting center. 
        The total number of defective ballots must be added to the 
        totals for the respective precincts and the defective ballots 
        disposed of as provided by section 204C.25.  
           Sec. 69.  Minnesota Statutes 1996, section 206.86, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TRANSPORTATION OF BALLOT CARDS.] The judges 
        shall place all voted ballot cards, envelopes with write-in 
        ballots, defective ballots, and damaged ballots in the container 
        provided for transporting them to the counting center.  The 
        container must be sealed and delivered immediately to the 
        counting center by two judges who are not of the same major 
        political party.  The judges shall also deliver to the counting 
        center in a suitable container the unused ballot cards, the 
        spoiled ballot envelope, and the ballot envelopes issued to the 
        voters and deposited during the day in the ballot box. 
           Sec. 70.  Minnesota Statutes 1996, section 206.90, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ABSENTEE VOTING.] An optical scan voting system 
        may be used for absentee voting as long as.  The county auditor 
        may supply an appropriate marking instrument is supplied to the 
        voter along with the ballot. 
           Sec. 71.  Minnesota Statutes 1996, 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.  
           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." 
           Sec. 72.  Minnesota Statutes 1996, section 207A.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  [VOTER CERTIFICATION; BALLOT.] An individual 
        seeking to vote at the presidential primary shall request the 
        ballot of the party for whose candidates the individual wishes 
        to vote.  The voter registration certificate or duplicate 
        registration file polling place roster for the presidential 
        primary must list the names of the political parties appearing 
        on the ballot at the presidential primary.  Before receiving a 
        ballot, a voter shall sign the voter's certificate or duplicate 
        registration file polling place roster and shall place a check 
        mark beside indicate the name of the political party whose 
        ballot the voter requested. 
           Sec. 73.  Minnesota Statutes 1996, section 211B.14, is 
        amended to read: 
           211B.14 [DIGEST OF LAWS.] 
           The secretary of state, with the approval of the attorney 
        general, shall prepare and print an easily understandable digest 
        of this chapter and annotations of it.  The digest may include 
        other related laws and annotations at the discretion of the 
        secretary of state. 
           The secretary of state shall distribute the digest to 
        candidates and committees through the county auditor or 
        otherwise as the secretary of state considers expedient.  A copy 
        of the digest and, if appropriate, a financial reporting form 
        and a certification of filing form must be distributed to each 
        candidate by the filing officer at the time that the candidate's 
        affidavit of candidacy is filed. 
           Sec. 74.  Minnesota Statutes 1996, section 367.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SUPERVISORS, TERMS.] Except in towns 
        operating under option A or in towns operating as provided in 
        subdivision 4, three supervisors shall be elected in each town 
        at the town general election as provided in this section.  Each 
        supervisor shall be elected for a term of three years and shall 
        serve until a successor is elected and qualified.  
           Sec. 75.  Minnesota Statutes 1996, section 367.25, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT, FEE.] Every person elected at 
        a March election or appointed to a town office, within ten days 
        after receiving a certificate or notice of election or 
        appointment, shall take and subscribe the oath required by law.  
        Persons elected at a November election shall take their oath 
        before assuming office.  If taken before the town clerk, the 
        oath shall be administered and certified without fee. 
           Sec. 76.  Minnesota Statutes 1996, section 387.01, is 
        amended to read: 
           387.01 [QUALIFICATIONS; BOND; OATH.] 
           Every person who files as a candidate for county sheriff 
        must be licensed as a peace officer in this state.  Every person 
        elected or appointed to the office of sheriff after August 1, 
        1973, and not holding a certificate of satisfactory completion 
        of the basic course in training issued by the executive director 
        of the Minnesota peace officers training board, shall, within 
        one year after assuming office obtain such certificate, except 
        that sheriffs in office on August 1, 1973, shall be considered 
        to be qualified and eligible to continue in office as sheriff 
        and to be reelected to that office.  A sheriff who without good 
        cause does not obtain a certificate of satisfactory completion 
        as required by this section shall thereafter forfeit all 
        privileges and compensation, the office of sheriff shall be 
        deemed vacant, and the county board may fill said office at a 
        special election called for that purpose, but shall fill said 
        office no later than at the next general election must become 
        licensed as a peace officer before entering upon the duties of 
        the office.  Before entering upon duties every sheriff shall 
        give bond to the state in a sum not less than $25,000 in 
        counties whose population exceeds 150,000, and not less than 
        $5,000 in all other counties, to be approved by the county 
        board, conditioned that the sheriff will well and faithfully in 
        all things perform and execute the duties of office, without 
        fraud, deceit, or oppression, which bond, with an oath of 
        office, shall be filed for record with the county recorder. 
           Sec. 77.  Minnesota Statutes 1996, section 388.01, is 
        amended to read: 
           388.01 [ELECTION; QUALIFICATIONS; TERM.] 
           There shall be elected in each county a county attorney who 
        shall be learned in the licensed to practice law in this state, 
        and whose term of office shall be four years and until a 
        successor qualifies.  Before entering upon duties the county 
        attorney shall take an oath.  The oath must be filed for record 
        with the county recorder. 
           Sec. 78.  Minnesota Statutes 1996, section 626.846, 
        subdivision 6, is amended to read: 
           Subd. 6.  A person seeking election to the office of 
        sheriff must be licensed as a peace officer.  A person seeking 
        election or appointment to the office of sheriff, or seeking 
        appointment to the position of chief law enforcement officer, as 
        defined by the rules of the board, after June 30, 1987, must be 
        licensed or eligible to be licensed as a peace officer.  The 
        person shall submit proof of peace officer licensure or 
        eligibility as part of the application for office.  A person 
        elected or appointed to the office of sheriff or the position of 
        chief law enforcement officer shall be licensed as a peace 
        officer during the person's term of office or employment. 
           Sec. 79.  [REPEALER.] 
           Minnesota Statutes 1996, sections 204D.15, subdivision 2; 
        206.065; 206.56, subdivisions 4, 6, 10, 11, 12, 13, and 15; 
        206.60; 206.61, subdivisions 2, 6, 7, and 8; 206.63; 206.64, 
        subdivision 2; 206.68; 206.685; 206.69; 206.70; 206.71; 206.72; 
        206.73; 206.74; 206.75; 206.76; 206.77; 206.84, subdivisions 2, 
        4, and 5; and 211B.11, subdivision 2, are repealed. 
           Presented to the governor May 12, 1997 
           Signed by the governor May 13, 1997, 10:25 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569