1.1 	A bill for an act
1.2 	relating to elections; modifying certain absentee ballot processes; changing 
1.3 	certain election administration provisions; changing and clarifying certain 
1.4 	election procedures, deadlines, and requirements;amending Minnesota Statutes 
1.5 	2008, sections 13.607, subdivision 7; 201.016, subdivisions 1a, 2; 201.056; 
1.6 	201.061, subdivisions 1, 3; 201.11; 201.12; 201.13; 203B.04, subdivision 
1.7 	1; 203B.05, subdivision 1; 203B.06, subdivision 3; 203B.07, subdivisions 
1.8 	2, 3; 203B.08, subdivisions 2, 3; 203B.081; 203B.085; 203B.125; 203B.23, 
1.9 	subdivisions 1, 2; 203B.24, subdivision 1; 203B.26; 204B.14, by adding 
1.10 	a subdivision; 204B.16, subdivision 1; 204B.18, subdivision 1; 204B.19, 
1.11 	subdivision 2; 204B.21, subdivisions 1, 2; 204B.24; 204B.27, subdivision 2; 
1.12 	204B.38; 204B.44; 204B.45, subdivision 2; 204C.02; 204C.04, subdivision 
1.13 	1; 204C.06, subdivision 1; 204C.08; 204C.10; 204C.13, subdivisions 2, 6; 
1.14 	204C.17; 204C.27; 204C.30, by adding subdivisions; 204C.33, subdivisions 1, 3; 
1.15 	204C.37; 204D.04, subdivision 2; 204D.09, subdivision 2; 205.075, subdivision 
1.16 	1, by adding a subdivision; 205.13, subdivisions 1, 1a, 2; 205.16, subdivisions 
1.17 	2, 3; 205.185, subdivision 3, by adding a subdivision; 205A.03, subdivision 1; 
1.18 	205A.05, subdivision 2; 205A.10, subdivisions 2, 3, by adding a subdivision; 
1.19 	206.57, subdivision 6; 206.89, subdivision 2; 208.05; 367.03, subdivision 4, by 
1.20 	adding a subdivision; Minnesota Statutes 2009 Supplement, section 204B.46; 
1.21 	proposing coding for new law in Minnesota Statutes, chapters 203B; 205A; 
1.22 	repealing Minnesota Statutes 2008, sections 201.096; 203B.04, subdivision 5; 
1.23 	203B.10; 203B.12, subdivisions 1, 2, 3, 4, 6, 7; 203B.13, subdivisions 1, 2, 3, 
1.24 	4; 203B.25; 206.805, subdivision 2.
1.25 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.26 	Section 1. Minnesota Statutes 2008, section 13.607, subdivision 7, is amended to read:
1.27 		Subd. 7.Absentee ballots. Disclosure of names of voters submitting absentee 
1.28 	ballots is governed by section ~~203B.12, subdivision 7~~ 203B.121, subdivision 2.  

1.29 	Sec. 2. Minnesota Statutes 2008, section 201.016, subdivision 1a, is amended to read:
1.30 		Subd. 1a.Violations; penalty. (a) The county auditor shall mail a ~~violation~~ notice 
1.31 	to any voter who the county auditor can determine has ~~voted~~: (1) provided the address at 
2.1 	which the voter maintains residence, but was allowed to vote  in a precinct other than the 
2.2 	precinct in which the voter maintains residence; and (2) not voted in the wrong precinct 
2.3 	previously. The notice must be in the form provided by the secretary of state. 
2.4 	(b) The county auditor shall mail a violation notice to any voter who otherwise voted 
2.5 	in a precinct in which the voter did not maintain residence on election day. The county 
2.6 	auditor shall also change the status of the voter in the statewide registration system to 
2.7 	"challenged" and the voter shall be required to provide proof of residence to either the 
2.8 	county auditor or to the election judges in the voter's precinct before voting in the next 
2.9 	election. Any of the forms authorized by section 201.061 for registration at the polling 
2.10 	place may be used for this purpose.  
2.11 	~~(b)~~ (c) A voter who votes in a precinct other than the precinct in which the 
2.12 	voter maintains residence after receiving an initial violation notice as provided in this 
2.13 	subdivision is guilty of a petty misdemeanor.
2.14 	~~(c)~~ (d) A voter who votes in a precinct other than the precinct in which the voter 
2.15 	maintains residence after having been found to have committed a petty misdemeanor 
2.16 	under paragraph ~~(b)~~ (c) is guilty of a misdemeanor.
2.17 	~~(d)~~ (e) Reliance by the voter on inaccurate information regarding the location of 
2.18 	the voter's polling place provided by the state, county, or municipality is an affirmative 
2.19 	defense to a prosecution under this subdivision.

2.20 	Sec. 3. Minnesota Statutes 2008, section 201.016, subdivision 2, is amended to read:
2.21 		Subd. 2.Duration of residence. The governing body of any city by resolution may 
2.22 	require an eligible voter to maintain residence in a precinct for a period of 30 days prior 
2.23 	to voting on any question affecting only that precinct or voting to elect public officials 
2.24 	representing only that precinct. The governing body of any town by resolution may 
2.25 	require an eligible voter to maintain residence in that town for a period of 30 days prior 
2.26 	to voting in a town election. The school board of any school district by resolution may 
2.27 	require an eligible voter to maintain residence in that school district for a period of 30 days 
2.28 	prior to voting in a school district election. If a political boundary, including a precinct, 
2.29 	municipal, or school district boundary, is redrawn within the 30 days prior to an election 
2.30 	in a manner that places an eligible voter in a new jurisdiction and the eligible voter has 
2.31 	not changed residence during the 30 days prior to the election, the eligible voter meets 
2.32 	any residency requirement imposed under this subdivision.

2.33 	Sec. 4. Minnesota Statutes 2008, section 201.056, is amended to read:
2.34 	201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED. 
3.1 	An individual who is unable to write the individual's name shall be required to sign 
3.2 	a registration application in the manner provided by section 645.44, subdivision 14. If 
3.3 	the individual registers in person and signs by making a mark, the clerk or election judge 
3.4 	accepting the registration shall certify the mark by signing the individual's name. If the 
3.5 	individual registers by mail and signs by making a mark, the mark shall be certified by 
3.6 	having a voter registered in the individual's precinct sign the individual's name and the 
3.7 	voter's own name and give the voter's own address. An individual who has power of 
3.8 	attorney for another person may not sign election-related documents for that person, 
3.9 	except as provided by this section.

3.10 	Sec. 5. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
3.11 		Subdivision 1.Prior to election day. At any time except during the 20 days 
3.12 	immediately preceding any regularly scheduled election, an eligible voter or any 
3.13 	individual who will be an eligible voter at the time of the next election may register to vote 
3.14 	in the precinct in which the voter maintains residence by completing a voter registration 
3.15 	application as described in section 201.071, subdivision 1, and submitting it in person 
3.16 	or by mail to the county auditor of that county or to the Secretary of State's Office. 
3.17 	A registration that is received no later than 5:00 p.m. on the 21st day preceding any 
3.18 	election shall be accepted. An improperly addressed or delivered registration application 
3.19 	shall be forwarded within two working days after receipt to the county auditor of the 
3.20 	county where the voter maintains residence. A state or local agency or an individual that 
3.21 	accepts completed voter registration applications from a voter must submit the completed 
3.22 	applications to the secretary of state or the appropriate county auditor within ten business 
3.23 	days after the applications are dated by the voter. 
3.24 	For purposes of this section, mail registration is defined as a voter registration 
3.25 	application delivered to the secretary of state, county auditor, or municipal clerk by the 
3.26 	United States Postal Service or a commercial carrier.

3.27 	Sec. 6. Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:
3.28 		Subd. 3. Election day registration. (a) An individual who is eligible to vote may 
3.29 	register on election day by appearing in person at the polling place for the precinct in 
3.30 	which the individual maintains residence, by completing a registration application, making 
3.31 	an oath in the form prescribed by the secretary of state and providing proof of residence. 
3.32 	An individual may prove residence for purposes of registering by: 
3.33 	(1) presenting a current, valid driver's license or Minnesota identification card issued 
3.34 	pursuant to section 171.07; 
4.1 	(2) presenting any document approved by the secretary of state as proper 
4.2 	identification; 
4.3 	(3) presenting one of the following: 
4.4 	(i) a current valid student identification card from a postsecondary educational 
4.5 	institution in Minnesota, if a list of students from that institution has been prepared under 
4.6 	section 135A.17~~and certified to the county auditor~~or  in the manner provided in rules of 
4.7 	the secretary of state; or 
4.8 	(ii) a current student fee statement that contains the student's valid address in the 
4.9 	precinct together with a picture identification card; or 
4.10 	(4) having a voter who is registered to vote in the precinct, or who is an employee 
4.11 	employed by and working in a residential facility in the precinct and vouching for a 
4.12 	resident in the facility, sign an oath in the presence of the election judge vouching that the 
4.13 	voter or employee personally knows that the individual is a resident of the precinct. A 
4.14 	voter who has been vouched for on election day may not sign a proof of residence oath 
4.15 	vouching for any other individual on that election day. A voter who is registered to vote in 
4.16 	the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation 
4.17 	does not apply to an employee of a residential facility described in this clause. The 
4.18 	secretary of state shall provide a form for election judges to use in recording the number 
4.19 	of individuals for whom a voter signs proof-of-residence oaths on election day. The 
4.20 	form must include space for the maximum number of individuals for whom a voter may 
4.21 	sign proof-of-residence oaths. For each proof-of-residence oath, the form must include 
4.22 	a statement that the voter is registered to vote in the precinct, personally knows that the 
4.23 	individual is a resident of the precinct, and is making the statement on oath. The form must 
4.24 	include a space for the voter's printed name, signature, telephone number, and address. 
4.25 	The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be 
4.26 	attached to the voter registration application. 
4.27 	(b) The operator of a residential facility shall prepare a list of the names of its 
4.28 	employees currently working in the residential facility and the address of the residential 
4.29 	facility. The operator shall certify the list and provide it to the appropriate county auditor 
4.30 	no less than 20 days before each election for use in election day registration. 
4.31 	(c) "Residential facility" means transitional housing as defined in section 256E.33, 
4.32 	subdivision 1; a supervised living facility licensed by the commissioner of health under 
4.33 	section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 
4.34 	5; a residence registered with the commissioner of health as a housing with services 
4.35 	establishment as defined in section 144D.01, subdivision 4; a veterans home operated by 
4.36 	the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 
5.1 	licensed by the commissioner of human services to provide a residential program as 
5.2 	defined in section 245A.02, subdivision 14; a residential facility for persons with a 
5.3 	developmental disability licensed by the commissioner of human services under section 
5.4 	252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter 
5.5 	for battered women as defined in section 611A.37, subdivision 4; or a supervised 
5.6 	publicly or privately operated shelter or dwelling designed to provide temporary living 
5.7 	accommodations for the homeless. 
5.8 	(d) For tribal band members, an individual may prove residence for purposes of 
5.9 	registering by: 
5.10 	(1) presenting an identification card issued by the tribal government of a tribe 
5.11 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
5.12 	contains the name, address, signature, and picture of the individual; or 
5.13 	(2) presenting an identification card issued by the tribal government of a tribe 
5.14 	recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 
5.15 	contains the name, signature, and picture of the individual and also presenting one of the 
5.16 	documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B. 
5.17 	(e) A county, school district, or municipality may require that an election judge 
5.18 	responsible for election day registration initial each completed registration application. 

5.19 	Sec. 7. Minnesota Statutes 2008, section 201.11, is amended to read:
5.20 	201.11 PRECINCT BOUNDARIES; HOUSE NUMBER; STREET ADDRESS
5.21 	CHANGED, CHANGE OF FILES.
5.22 		Subdivision 1.Precinct boundaries changed. When the boundaries of a precinct 
5.23 	are changed, the county auditor shall immediately update the voter records for that 
5.24 	precinct in the statewide voter registration system to accurately reflect those changes.
5.25 		Subd. 2.House number or street address changed. If a municipality 
5.26 	administratively changes the number or name of a street address of an existing residence, 
5.27 	the municipal clerk shall promptly notify the county auditor and the county auditor 
5.28 	shall immediately update the voter records of registered voters in the statewide voter 
5.29 	registration system to accurately reflect that change. A municipality must not make a 
5.30 	change to the number or name of a street address of an existing residence effective during 
5.31 	the 45 days prior to any election in a jurisdiction which includes the affected residence.

5.32 	Sec. 8. Minnesota Statutes 2008, section 201.12, is amended to read:
5.33 	201.12 PROPER REGISTRATION; VERIFICATION BY MAIL; 
5.34 	CHALLENGES. 
6.1 		Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate 
6.2 	excess names, the county auditor may mail to any registered voter a notice stating the 
6.3 	voter's name and address as they appear in the registration files. The notice shall request 
6.4 	the voter to notify the county auditor if there is any mistake in the information. 
6.5 		Subd. 2. Moved within state. If any nonforwardable mailing from an election 
6.6 	official is returned as undeliverable but with a permanent forwarding address in this state, 
6.7 	the county auditor may change the voter's status to "inactive" in the statewide registration 
6.8 	system and shall ~~notify~~ transmit a copy of the mailing to the auditor of the county in which 
6.9 	the new address is located. ~~Upon receipt of the notice,~~ If an election is scheduled to occur 
6.10 	in the precinct in which the voter resides in the next 47 days, the county auditor shall 
6.11 	promptly update the voter's address in the statewide voter registration system ~~and~~. If there 
6.12 	is not an election scheduled, the auditor may wait to update the voter's address until after 
6.13 	the next list of address changes is received from the secretary of state. Once updated, the 
6.14 	county auditor shall mail to the voter a notice stating the voter's name, address, precinct, 
6.15 	and polling place. The notice must advise the voter that the voter's voting address has 
6.16 	been changed and that the voter must notify the county auditor within 21 days if the 
6.17 	new address is not the voter's address of residence. The notice must state that it must be 
6.18 	returned if it is not deliverable to the voter at the named address. 
6.19 		Subd. 3. Moved out of state. If any nonforwardable mailing from an election 
6.20 	official is returned as undeliverable but with a permanent forwarding address outside this 
6.21 	state, the county auditor shall promptly mail to the voter at the voter's new address a notice 
6.22 	advising the voter that the voter's status in the statewide voter registration system will be 
6.23 	changed to "inactive" unless the voter notifies the county auditor within 21 days that the 
6.24 	voter is retaining the former address as the voter's address of residence. If the notice is 
6.25 	not received by the deadline, ~~the county auditor shall change~~ the voter's status shall be 
6.26 	changed to "inactive" in the statewide voter registration system. 
6.27 		Subd. 4. Challenges. If any nonforwardable mailing from an election official 
6.28 	is returned as undeliverable but with no forwarding address, the county auditor shall 
6.29 	change the registrant's status to "challenged" in the statewide voter registration system. 
6.30 	An individual challenged in accordance with this subdivision shall comply with the 
6.31 	provisions of section 204C.12, before being allowed to vote. If a notice mailed at least 
6.32 	60 days after the return of the first nonforwardable mailing is also returned by the postal 
6.33 	service, the county auditor shall change the registrant's status to "inactive" in the statewide 
6.34 	voter registration system. 

6.35 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.1 	Sec. 9. Minnesota Statutes 2008, section 201.13, is amended to read:
7.2 	201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER 
7.3 	RECORDS.
7.4 		Subdivision 1.Commissioner of health; reports of deceased residents. Pursuant 
7.5 	to the Help America Vote Act of 2002, Public Law 107-252, the commissioner of health 
7.6 	shall report monthly by electronic means to the secretary of state the name, address, date 
7.7 	of birth, and county of residence of each individual 18 years of age or older who has died 
7.8 	while maintaining residence in Minnesota since the last previous report. The secretary of 
7.9 	state shall determine if any of the persons listed in the report are registered to vote and 
7.10 	shall prepare a list of those registrants for each county auditor. Within 60 days after 
7.11 	receiving the list from the secretary of state, the county auditor shall change the status of 
7.12 	those registrants to "deceased" in the statewide voter registration system.
7.13 		Subd. 2.Deceased nonresidents. After receiving notice of death of a voter who has 
7.14 	died outside the county, the county auditor shall change the voter's status to "deceased." 
7.15 	Notice must be in the form of a printed obituary or a written statement signed by a 
7.16 	registered voter ~~of the county~~.
7.17 		Subd. 3. Use of change of address system. (a) At least once each month the 
7.18 	secretary of state shall obtain a list of individuals registered to vote in this state who have 
7.19 	filed with the United States Postal Service a change of their permanent address. However, 
7.20 	the secretary of state shall not obtain this list within the 47 days before the state primary or 
7.21 	47 days before a November general election.
7.22 	(b) If the address is changed to another address in this state, the secretary of state 
7.23 	shall locate the precinct in which the voter resides, if possible. If the secretary of state 
7.24 	is able to locate the precinct in which the voter resides, the secretary must transmit the 
7.25 	information about the changed address by electronic means to the county auditor of the 
7.26 	county in which the new address is located. If the voter has not voted or submitted a 
7.27 	voter registration application since the address change, upon receipt of the information, 
7.28 	the county auditor shall update the voter's address in the statewide voter registration 
7.29 	system ~~and~~. The county auditor shall mail to the voter a notice stating the voter's name, 
7.30 	address, precinct, and polling place, unless the voter's record is challenged due to a felony 
7.31 	conviction, noncitizenship, name change, incompetence, or a court's revocation of voting 
7.32 	rights of individuals under guardianship, in which case the auditor must not mail the 
7.33 	notice. The notice must advise the voter that the voter's voting address has been changed 
7.34 	and that the voter must notify the county auditor within 21 days if the new address is not 
7.35 	the voter's address of residence. The notice must state that it must be returned if it is not 
7.36 	deliverable to the voter at the named address. 
8.1 	~~(b)~~ (c) If the change of permanent address is to an address outside this state, the 
8.2 	secretary of state shall notify by electronic means the auditor of the county where the 
8.3 	voter formerly resided that the voter has moved to another state. If the voter has not voted 
8.4 	or submitted a voter registration application since the address change, the county auditor 
8.5 	shall promptly mail to the voter at the voter's new address a notice advising the voter that 
8.6 	the voter's status in the statewide voter registration system will be changed to "inactive" 
8.7 	unless the voter notifies the county auditor within 21 days that the voter is retaining the 
8.8 	former address as the voter's address of residence, except that if the voter's record is 
8.9 	challenged due to a felony conviction, noncitizenship, name change, incompetence, or 
8.10 	a court's revocation of voting rights of individuals under guardianship,  the auditor must 
8.11 	not mail the notice. If the notice is not received by the deadline, the county auditor shall 
8.12 	change the voter's status to "inactive" in the statewide voter registration system. 
8.13 		Subd. 4.Request for removal of voter record. If a voter makes a written request 
8.14 	for removal of the voter's record, the county auditor shall remove the record of the voter 
8.15 	from the statewide voter registration system.

8.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

8.17 	Sec. 10. Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:
8.18 		Subdivision 1. Application procedures. Except as otherwise allowed by 
8.19 	subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots 
8.20 	for any election may be submitted at any time not less than one day before the day of 
8.21 	that election. The county auditor shall prepare absentee ballot application forms in the 
8.22 	format provided by the secretary of state~~, notwithstanding rules on absentee ballot forms,~~
8.23 	and shall furnish them to any person on request. By January 1 of each even-numbered 
8.24 	year, the secretary of state shall make the forms to be used available to auditors through 
8.25 	electronic means. An application submitted pursuant to this subdivision shall be in writing 
8.26 	and shall be submitted to: 
8.27 	~~(a)~~(1) the county auditor of the county where the applicant maintains residence; or 
8.28 	~~(b)~~(2) the municipal clerk of the municipality, or school district if applicable, where 
8.29 	the applicant maintains residence. 
8.30 	An application shall be approved if it is timely received, signed and dated by the 
8.31 	applicant, contains the applicant's name and residence and mailing addresses, and states 
8.32 	that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 
8.33 	section 203B.02. The application ~~may~~must contain a request for the ~~voter's~~applicant's 
8.34 	date of birth, ~~which~~the applicant's Minnesota driver's license or state identification card 
8.35 	number, and the last four digits of the applicant's Social Security number, if the applicant 
9.1 	has these numbers, an oath that the information contained on the form is accurate, that the 
9.2 	applicant is applying on the applicant's own behalf, and that the applicant is signing the 
9.3 	form under penalty of perjury. An applicant's full date of birth, driver's license or state 
9.4 	identification number, and the last four digits of the applicant's Social Security number 
9.5 	must not be made available for public inspection. An application may be submitted to 
9.6 	the county auditor or municipal clerk by an electronic facsimile device. An application 
9.7 	mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 
9.8 	by a person other than the voter must be deposited in the mail or returned in person to 
9.9 	the county auditor or municipal clerk within ten days after it has been dated by the voter 
9.10 	and no later than six days before the election. The absentee ballot applications or a list of 
9.11 	persons applying for an absentee ballot may not be made available for public inspection 
9.12 	until the close of voting on election day. 
9.13 	An application under this subdivision may contain an application under subdivision 
9.14 	~~5~~6 to automatically receive an absentee ballot ~~application~~. 

9.15 	Sec. 11. Minnesota Statutes 2008, section 203B.05, subdivision 1, is amended to read:
9.16 		Subdivision 1.Generally. The full-time clerk of any city or town shall administer 
9.17 	the provisions of sections 203B.04 to 203B.15 if: 
9.18 	~~(a)~~ (1) the county auditor of that county has designated the clerk to administer 
9.19 	them; or
9.20 	~~(b)~~ (2) the clerk has given the county auditor of that county notice of intention 
9.21 	to administer them.
9.22 	A clerk may only administer the provisions of sections 203B.04 to 203B.15 if the 
9.23 	clerk has technical capacity to access the statewide voter registration system in the secure 
9.24 	manner prescribed by the secretary of state. The secretary of state must identify hardware, 
9.25 	software, security, or other technical prerequisites necessary to ensure the security, 
9.26 	access controls, and performance of the statewide voter registration system. A clerk 
9.27 	must receive training approved by the secretary of state on the use of the statewide voter 
9.28 	registration system before administering this section. A clerk may not use the statewide 
9.29 	voter registration system until the clerk has received the required training.

9.30 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
9.31 	certified that the statewide voter registration system has been tested, shown to properly 
9.32 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
9.33 	the expected volume of use.

9.34 	Sec. 12. Minnesota Statutes 2008, section 203B.06, subdivision 3, is amended to read:
10.1 		Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted 
10.2 	at a time when absentee ballots are not yet available for distribution, the county auditor, 
10.3 	or municipal clerk accepting the application shall file it and as soon as absentee ballots 
10.4 	are available for distribution shall mail them to the address specified in the application. 
10.5 	If an application for absentee ballots is accepted when absentee ballots are available for 
10.6 	distribution, the county auditor or municipal clerk accepting the application shall promptly: 
10.7 	(1) mail the ballots to the voter whose signature appears on the application if the 
10.8 	application is submitted by mail and does not request commercial shipping under clause 
10.9 	(2); 
10.10 	(2) ship the ballots to the voter using a commercial shipper requested by the voter at 
10.11 	the voter's expense; 
10.12 	(3) deliver the absentee ballots directly to the voter if the application is submitted in 
10.13 	person; or 
10.14 	(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has 
10.15 	been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a 
10.16 	voter who would have difficulty getting to the polls because of incapacitating health 
10.17 	reasons, or who is disabled, or who is a patient in a health care facility, a resident of 
10.18 	a facility providing assisted living services governed by chapter 144G, a participant in 
10.19 	a residential program for adults licensed under section 245A.02, subdivision 14, or a 
10.20 	resident of a shelter for battered women as defined in section 611A.37, subdivision 4. 
10.21 	(b) If an application does not indicate the election for which absentee ballots are 
10.22 	sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the 
10.23 	next election occurring after receipt of the application. Only one set of ballots may be 
10.24 	mailed, shipped, or delivered to an applicant for any election, except as provided in section 
10.25 	~~203B.13~~ 203B.121, subdivision 2, or when a replacement ballot has been requested by the 
10.26 	voter for a ballot that has been spoiled or lost in transit. 

10.27 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
10.28 	certified that the statewide voter registration system has been tested, shown to properly 
10.29 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
10.30 	the expected volume of use.

10.31 	Sec. 13. [203B.065] RECORDING APPLICATIONS.
10.32 	Upon accepting an application for a state primary or state general election, the 
10.33 	county auditor or municipal clerk shall record in the statewide registration system the 
10.34 	voter's name, address of residence in Minnesota, mailing address, Minnesota driver's 
10.35 	license or state identification number, or the last four digits of the voter's Social Security 
11.1 	number, if provided by the voter, that an absentee ballot has been transmitted to the voter, 
11.2 	the method of transmission, and the date of transmission.
11.3 	Upon receipt of a returned absentee ballot for a state primary or state general 
11.4 	election, the county auditor or municipal clerk shall record in the statewide voter 
11.5 	registration system that the voter has returned the ballot.
11.6 	Upon receipt of notice that the ballot board has accepted or rejected the absentee 
11.7 	ballot for a state primary or state general election, the county auditor or municipal clerk 
11.8 	shall record in the statewide voter registration system whether the ballot was accepted or 
11.9 	rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to 
11.10 	the voter, the county auditor or municipal clerk shall record this in the statewide voter 
11.11 	registration system.

11.12 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
11.13 	certified that the statewide voter registration system has been tested, shown to properly 
11.14 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
11.15 	the expected volume of use. 

11.16 	Sec. 14. Minnesota Statutes 2008, section 203B.07, subdivision 2, is amended to read:
11.17 		Subd. 2. Design of envelopes. The return envelope shall be of sufficient size to 
11.18 	conveniently enclose and contain the ballot envelope and a folded voter registration 
11.19 	application. The return envelope shall be designed to open on the left-hand end. ~~If the~~ 
11.20 	~~voter was not previously registered,~~ The return envelope must be designed in one of 
11.21 	the following ways: 
11.22 	(1) it must be of sufficient size to contain an additional envelope that when sealed, 
11.23 	conceals the signature, identification, and other information; or 
11.24 	(2) it must provide an additional flap that when sealed, conceals the signature, 
11.25 	identification, and other information.
11.26 	 Election officials may open the flap or the additional envelope at any time after 
11.27 	receiving the returned ballot to inspect the returned certificate for completeness or to 
11.28 	ascertain other information.

11.29 	Sec. 15. Minnesota Statutes 2008, section 203B.07, subdivision 3, is amended to read:
11.30 		Subd. 3. Eligibility certificate. A certificate of eligibility to vote by absentee ballot 
11.31 	shall be printed on the back of the return envelope. The certificate shall contain space for 
11.32 	the voter's Minnesota driver's license, state identification number, or the last four digits of 
11.33 	the voter's Social Security number or to indicate that they do not have one, and a statement 
11.34 	to be signed and sworn by the voter indicating that the voter meets all of the requirements 
12.1 	established by law for voting by absentee ballot, that the ballots were unmarked when 
12.2 	received by the voter, and that the voter personally marked the ballots without showing 
12.3 	how they were marked, or, if the voter was physically unable to mark them, that the voter 
12.4 	directed another individual to mark them. If the voter was not previously registered at that 
12.5 	address, the certificate shall also contain space for a statement signed by a person who 
12.6 	is ~~registered to vote in Minnesota or by a notary public or other individual authorized to~~ 
12.7 	~~administer oaths~~a United States citizen of voting age stating that~~:~~
12.8 	~~(1) the ballots were displayed to that individual unmarked;~~ 
12.9 	~~(2) the voter marked the ballots in that individual's presence without showing how~~ 
12.10 	~~they were marked, or, if the voter was physically unable to mark them, that the voter~~ 
12.11 	~~directed another individual to mark them; and~~ 
12.12 	~~(3) if the voter was not previously registered,~~ the voter has provided proof of 
12.13 	residence as required by section 201.061, subdivision 3. 

12.14 	Sec. 16. Minnesota Statutes 2008, section 203B.08, subdivision 2, is amended to read:
12.15 		Subd. 2.Address on return envelopes. The county auditor or municipal clerk shall 
12.16 	address return envelopes to allow direct mailing of the absentee ballots to~~:~~
12.17 	~~(a)~~ the county auditor or municipal clerk who ~~sent the ballots to the voter;~~  has the 
12.18 	responsibility to accept and reject the absentee ballots.
12.19 	~~(b) the clerk of the town or city in which the absent voter is eligible to vote; or~~
12.20 	~~(c) the appropriate election judges.~~

12.21 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
12.22 	certified that the statewide voter registration system has been tested, shown to properly 
12.23 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
12.24 	the expected volume of use.

12.25 	Sec. 17. Minnesota Statutes 2008, section 203B.08, subdivision 3, is amended to read:
12.26 		Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a 
12.27 	county auditor or municipal clerk, that official shall stamp or initial and date the return 
12.28 	envelope and place it in a secure location with other return envelopes received by that 
12.29 	office. Within five days after receipt, the county auditor or municipal clerk shall deliver 
12.30 	to the ~~appropriate election judges on election day all ballots received before or with the~~ 
12.31 	~~last mail delivery by the United States Postal Service on election day. A town clerk may~~ 
12.32 	~~request the United States Postal Service to deliver absentee ballots to the polling place~~ 
12.33 	~~on election day instead of to the official address of the town clerk~~ ballot board all ballots 
12.34 	received, except that during the 14 days immediately preceding an election, the county 
13.1 	auditor or municipal clerk shall deliver all ballots received to the ballot board within 
13.2 	three days. 

13.3 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
13.4 	certified that the statewide voter registration system has been tested, shown to properly 
13.5 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
13.6 	the expected volume of use.

13.7 	Sec. 18. Minnesota Statutes 2008, section 203B.081, is amended to read:
13.8 	203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. 
13.9 	An eligible voter may vote by absentee ballot during the 30 days before the election
13.10 	up until the fourth day before the election in the office of the county auditor and at any 
13.11 	other polling place designated by the county auditor. On the day before the election, 
13.12 	voters who had planned on voting in person in the polling place and only learned of 
13.13 	circumstances in the last four days that will prevent them from doing so may vote by 
13.14 	absentee ballot. The county auditor shall make such designations at least 90 days before 
13.15 	the election. At least one voting booth in each polling place must be made available by the 
13.16 	county auditor for this purpose. The county auditor must also make available at least one 
13.17 	electronic ballot marker in each polling place that has implemented a voting system that is 
13.18 	accessible for individuals with disabilities pursuant to section 206.57, subdivision 5. 

13.19 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
13.20 	certified that the statewide voter registration system has been tested, shown to properly 
13.21 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
13.22 	the expected volume of use.

13.23 	Sec. 19. Minnesota Statutes 2008, section 203B.085, is amended to read:
13.24 	203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO 
13.25 	REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
13.26 	The county auditor's office in each county and the clerk's office in each city or 
13.27 	town authorized under section 203B.05 to administer absentee balloting must be open for 
13.28 	acceptance of absentee ballot applications and casting of absentee ballots from 10:00 a.m. 
13.29 	to 3:00 p.m. on Saturday and until 5:00 p.m. on the fourth day ~~immediately~~ preceding a 
13.30 	primary, special, or general election unless that day falls on a Saturday or Sunday. On 
13.31 	the day before the election, the office must be open for acceptance of absentee ballot 
13.32 	applications and to allow a voter to cast an absentee ballot if the voter provides additional 
13.33 	certification stating that the voter had planned on voting in person at the polling place but 
14.1 	became aware of circumstances within the four days preceding the day before the election 
14.2 	that prevent the voter from voting in person at the polling place. Town clerks' offices must 
14.3 	be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday before a town 
14.4 	general election held in March. The school district clerk, when performing the county 
14.5 	auditor's election duties, need not comply with this section.

14.6 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
14.7 	certified that the statewide voter registration system has been tested, shown to properly 
14.8 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
14.9 	the expected volume of use.

14.10 	Sec. 20. [203B.121] BALLOT BOARDS.
14.11 		Subdivision 1.Establishment; applicable laws. (a) The governing body of each 
14.12 	county, municipality, and school district with responsibility to accept and reject absentee 
14.13 	ballots must, by ordinance or resolution, establish a ballot board. The board must consist 
14.14 	of a sufficient number of election judges appointed as provided in sections 204B.19 to 
14.15 	204B.22. The board may consist of staff trained as election judges, in which case the 
14.16 	board is exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party 
14.17 	balance in the appointment of judges, and is also exempt from the duties otherwise 
14.18 	required to be performed by ballot board members or election judges of two different 
14.19 	major political parties.
14.20 	(b) Each jurisdiction must pay a reasonable compensation to each member of that 
14.21 	jurisdiction's ballot board for services rendered during an election.
14.22 	(c) Except as otherwise provided by this section, all provisions of the Minnesota 
14.23 	Election Law apply to a ballot board.
14.24 		Subd. 2.Duties of ballot board; absentee ballots. (a) The members of the ballot 
14.25 	board shall take possession of all return envelopes delivered to them in accordance 
14.26 	with section 203B.08. Upon receipt from the county auditor, municipal clerk, or school 
14.27 	district clerk, two or more members of the ballot board of different major political parties 
14.28 	shall examine each return envelope and shall mark it accepted or rejected in the manner 
14.29 	provided in this subdivision.
14.30 	(b) The members of the ballot board shall mark the return envelope "accepted" and 
14.31 	initial or sign the return envelope below the word "accepted" if a majority of the members 
14.32 	of the ballot board are satisfied that:
14.33 	(1) the voter's name and address on the return envelope are the same as the 
14.34 	information provided on the absentee ballot application;
14.35 	(2) the voter signed the certification on the envelope;
15.1 	(3) the voter's Minnesota driver's license, state identification number, or the last four 
15.2 	digits of the voter's Social Security number are the same as the number provided on the 
15.3 	voter's application for ballots. If the number does not match the number as submitted on 
15.4 	the application, or if a number was not submitted on the application, the election judges 
15.5 	must make a reasonable effort to determine through other information provided by the 
15.6 	applicant that the ballots were returned by the same person to whom the ballots were 
15.7 	transmitted;
15.8 	(4) the voter is registered and eligible to vote in the precinct or has included a 
15.9 	properly completed voter registration application in the return envelope; and
15.10 	(5) the voter has not already voted at that election, either in person or by absentee 
15.11 	ballot.
15.12 	The return envelope from accepted ballots must be preserved and returned to the 
15.13 	county auditor.
15.14 	The ballots from return envelopes marked "accepted" shall be opened, duplicated as 
15.15 	needed in the manner provided in section 206.86, subdivision 5, initialed by the members 
15.16 	of the ballot board, and deposited in the appropriate ballot box. These duties must be 
15.17 	performed by ballot board members of two different major political parties. If more than 
15.18 	one ballot is enclosed in the ballot envelope, the ballots must be returned in the manner 
15.19 	provided by section 204C.25 for return of spoiled ballots, and may not be counted.
15.20 	(c)(1) If a majority of the members of the ballot board examining a return envelope 
15.21 	find that an absentee voter has failed to meet one of the requirements provided in 
15.22 	paragraph (b), they shall mark the return envelope "rejected," initial or sign it below the 
15.23 	word "rejected," list the reason for the rejection on the envelope, and return it to the county 
15.24 	auditor. There is no other reason for rejecting an absentee ballot beyond those permitted 
15.25 	by this section. Failure to place the ballot within the security envelope before placing it in 
15.26 	the outer white envelope is not a reason to reject an absentee ballot. 
15.27 	(2) If an envelope has been rejected at least five days before the election, the 
15.28 	envelope must remain sealed and the official in charge of the ballot board shall provide 
15.29 	the voter with a replacement absentee ballot and return envelope in place of the rejected 
15.30 	ballot. Notwithstanding any rule to the contrary, the official in charge of the election is not 
15.31 	required to write "replacement" on the replacement ballot.
15.32 	(3) If an envelope is rejected within five days of the election, the envelope must 
15.33 	remain sealed and the official in charge of the ballot board must attempt to contact the 
15.34 	voter by telephone or electronic mail to notify the voter that the voter's ballot has been 
15.35 	rejected. The official must document the attempts made to contact the voter.
16.1 	(d) The names of voters who have submitted an absentee ballot return envelope to 
16.2 	the county auditor or municipal clerk that has not been accepted by a ballot board may not 
16.3 	be made available for public inspection until the close of voting on election day.
16.4 		Subd. 3.Record of voting. (a) The county auditor or municipal clerk must 
16.5 	immediately record that a voter's absentee ballot has been accepted in order to prevent 
16.6 	the voter from casting more than one ballot at an election. After a voter's record has 
16.7 	been marked, the individual must not be allowed to vote again at that election. In a state 
16.8 	primary, state general, or state special election, the auditor or clerk must also record in the 
16.9 	statewide voter registration system that the voter has cast a ballot.
16.10 	(b) The roster must be marked, or a supplemental report created, no later than the 
16.11 	start of voting on election day to indicate the voters that have already cast a ballot at the 
16.12 	election. The roster may be marked either:
16.13 	(1) by the municipal clerk before election day;
16.14 	(2) by the ballot board before election day; or
16.15 	(3) by the election judges at the polling place on election day.
16.16 	The record of a voter who cast an absentee ballot in person on the day prior to the 
16.17 	election, or whose absentee ballot was received by the county auditor on the day of, or 
16.18 	the day prior to the election, is not required to be marked on the roster or contained in a 
16.19 	supplemental report as required by this paragraph.
16.20 		Subd. 4.Storage and counting of absentee ballots. (a) On a day on which 
16.21 	absentee ballots are inserted into a ballot box, two members of the ballot board of different 
16.22 	major political parties must:
16.23 	(1) remove the ballots from the ballot box at the end of the day;
16.24 	(2) without inspecting the ballots, ensure that the number of ballots removed from 
16.25 	the ballot box is equal to the number of voters whose absentee ballots were accepted 
16.26 	that day; and
16.27 	(3) seal and secure all voted and unvoted ballots present in that location at the end 
16.28 	of the day.
16.29 	(b) After the polls have closed on election day, two members of the ballot board of 
16.30 	different major political parties must count the ballots, tabulating the vote in a manner that 
16.31 	indicates each vote of the voter and the total votes cast for each candidate or question. In 
16.32 	state primary and state general elections, the results must indicate the total votes cast for 
16.33 	each candidate or question in each precinct and report the vote totals tabulated for each 
16.34 	precinct. The count shall be public. No vote totals from ballots may be made public 
16.35 	before the close of voting on election day.
17.1 	In state primary and state general elections, these vote totals shall be added to the 
17.2 	vote totals on the summary statements of the returns for the appropriate precinct. In other 
17.3 	elections, these vote totals may be added to the vote totals on the summary statement of 
17.4 	returns for the appropriate precinct or may be reported as a separate total.
17.5 	(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been 
17.6 	completed previously, the members of the ballot board must verify within 48 hours after 
17.7 	election day that voters whose absentee ballots arrived after the rosters were marked or 
17.8 	supplemental reports were generated and whose ballots were accepted did not vote in 
17.9 	person on election day. This task must be completed before the members of the ballot 
17.10 	board take any additional steps to process and count these ballots.

17.11 	EFFECTIVE DATE. The provisions of this section are effective when the secretary 
17.12 	of state has certified that the statewide voter registration system has been tested, shown 
17.13 	to properly allow municipal clerks to update absentee voting records, and shown to be 
17.14 	able to handle the expected volume of use.

17.15 	Sec. 21. Minnesota Statutes 2008, section 203B.125, is amended to read:
17.16 	203B.125 SECRETARY OF STATE TO MAKE RULES.
17.17 	The secretary of state shall adopt rules establishing methods and procedures for 
17.18 	issuing ballot cards and related absentee forms to be used as provided in section 203B.08, 
17.19 	subdivision 1a, and for the reconciliation of voters and ballot cards before tabulation under 
17.20 	section ~~203B.12~~ 204C.20, subdivision 1.  

17.21 	Sec. 22. Minnesota Statutes 2008, section 203B.23, subdivision 1, is amended to read:
17.22 		Subdivision 1. Establishment. The county auditor must establish an absentee ballot 
17.23 	board for ballots issued under sections 203B.16 to 203B.27. The board may consist of 
17.24 	staff trained and certified as election judges, in which case, the board is exempt from 
17.25 	sections 204B.19, subdivision 5, and 204C.15, relating to party balance in appointment 
17.26 	of judges and to duties to be performed by judges or members of the ballot board of 
17.27 	different major political parties. 

17.28 	Sec. 23. Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:
17.29 		Subd. 2. Duties. The absentee ballot board must examine all returned absentee 
17.30 	ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject 
17.31 	the absentee ballots in the manner provided in section 203B.24. If the certificate of voter 
18.1 	eligibility is not printed on the return or administrative envelope, the certificate must 
18.2 	be attached to the ballot secrecy envelope. 
18.3 	The absentee ballot board must immediately examine the return envelopes and mark 
18.4 	them "accepted" or "rejected" during the 30 days before the election. If an envelope has 
18.5 	been rejected at least five days before the election, the ballots in the envelope must be 
18.6 	considered spoiled ballots and the official in charge of the absentee ballot board must 
18.7 	provide the voter with a replacement absentee ballot and return envelope in place of 
18.8 	the spoiled ballot. 
18.9 	Except for federal write-in absentee ballots, the ballots from return envelopes 
18.10 	marked "accepted" must be opened, duplicated as needed in the manner provided by 
18.11 	section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited 
18.12 	in the appropriate ballot box. These duties must be performed by two members of the 
18.13 	ballot board of different major political parties.
18.14 	Federal write-in absentee ballots marked "accepted" must be opened, duplicated as 
18.15 	needed in the manner provided by section 206.86, subdivision 5, initialed by the members 
18.16 	of the ballot board, and deposited in the appropriate ballot box after 5:00 p.m. on the 
18.17 	fourth day before the election, unless the voter has submitted another absentee ballot with 
18.18 	a later postmark that has been accepted by the board.
18.19 	In all other respects, the provisions of the Minnesota Election Law governing 
18.20 	deposit and counting of ballots apply.
18.21 	No vote totals from absentee ballots may be made public before the close of voting 
18.22 	on election day.

18.23 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
18.24 	certified that the statewide voter registration system has been tested, shown to properly 
18.25 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
18.26 	the expected volume of use.

18.27 	Sec. 24. Minnesota Statutes 2008, section 203B.24, subdivision 1, is amended to read:
18.28 		Subdivision 1. Check of voter eligibility; proper execution of certificate. Upon 
18.29 	receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the 
18.30 	~~election judges~~members of the ballot board shall compare the voter's name with the 
18.31 	names recorded under section 203B.19 in the statewide registration system to insure 
18.32 	that the ballot is from a voter eligible to cast an absentee ballot under sections 203B.16
18.33 	to 203B.27. ~~The election judges~~Two members of the ballot board of different major 
18.34 	political parties shall mark the return envelope "accepted" and initial or sign the return 
19.1 	envelope below the word "accepted" if ~~the election judges~~a majority of the members of 
19.2 	the ballot board are satisfied that: 
19.3 	(1) the voter's name on the return envelope appears in substantially the same form as 
19.4 	on the application records provided to the election judges by the county auditor; 
19.5 	(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of 
19.6 	the Help America Vote Act, Public Law 107-252; 
19.7 	(3) the voter has set forth the same voter's passport number, or Minnesota driver's 
19.8 	license or state identification card number, or the last four digits of the voter's Social 
19.9 	Security number as submitted on the application, if the voter has one of these documents; 
19.10 	~~and~~
19.11 	(4) the voter is not known to have died; and
19.12 	(5) the voter has not already voted at that election, either in person or by absentee 
19.13 	ballot. 
19.14 	If the identification number described in clause (3) does not match the number 
19.15 	as submitted on the application, the ~~election judges~~members of the ballot board must 
19.16 	make a reasonable effort to satisfy themselves through other information provided by the 
19.17 	applicant, or by an individual authorized to apply on behalf of the voter, that the ballots 
19.18 	were returned by the same person to whom the ballots were transmitted. 
19.19 	An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be 
19.20 	rejected for the lack of one of clauses (1) to ~~(4)~~ (5). In particular, failure to place the 
19.21 	ballot within the security envelope before placing it in the outer white envelope is not a 
19.22 	reason to reject an absentee ballot. 
19.23 	~~Election judges~~Members of the ballot board must note the reason for rejection on 
19.24 	the back of the envelope in the space provided for that purpose. 
19.25 	Failure to return unused ballots shall not invalidate a marked ballot, but a ballot 
19.26 	shall not be counted if the certificate on the return envelope is not properly executed. In 
19.27 	all other respects the provisions of the Minnesota Election Law governing deposit and 
19.28 	counting of ballots shall apply. Notwithstanding other provisions of this section, the 
19.29 	counting of the absentee ballot of a deceased voter does not invalidate the election.

19.30 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
19.31 	certified that the statewide voter registration system has been tested, shown to properly 
19.32 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
19.33 	the expected volume of use.

20.1 	Sec. 25. Minnesota Statutes 2008, section 203B.26, is amended to read:
20.2 	203B.26 SEPARATE RECORD. 
20.3 	A separate record of the ballots of absent voters cast under sections 203B.16 to 
20.4 	203B.27 must be generated from the statewide registration system for each precinct 
20.5 	and ~~provided to the election judges in the polling place on election day, along with the~~ 
20.6 	~~returned envelopes marked "accepted" by the absentee ballot board. The content of the~~ 
20.7 	~~record must be in a form prescribed by the secretary of state. The election judges in the~~ 
20.8 	~~polling place must note on the record any envelopes that had been marked "accepted" by~~ 
20.9 	~~the absentee ballot board but were not counted. The election judges must preserve the~~ 
20.10 	~~record and return it to the county auditor or municipal clerk with the election day~~retained 
20.11 	with the other election materials. 

20.12 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
20.13 	certified that the statewide voter registration system has been tested, shown to properly 
20.14 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
20.15 	the expected volume of use.

20.16 	Sec. 26. Minnesota Statutes 2008, section 204B.14, is amended by adding a 
20.17 	subdivision to read:
20.18 		Subd. 4a.Municipal boundary adjustment procedure. A change in the boundary 
20.19 	of an election precinct that has occurred as a result of a municipal boundary adjustment 
20.20 	made under chapter 414 that is effective more than 21 days before a  regularly scheduled 
20.21 	election takes effect at the scheduled election.
20.22 	A change in the boundary of an election precinct that has occurred as a result of a 
20.23 	municipal boundary adjustment made under chapter 414 that is effective less than 21 days 
20.24 	before a regularly scheduled election takes effect the day after the scheduled election.

20.25 	Sec. 27. Minnesota Statutes 2008, section 204B.16, subdivision 1, is amended to read:
20.26 		Subdivision 1. Authority; location. The governing body of each municipality and 
20.27 	of each county with precincts in unorganized territory shall designate by ordinance or 
20.28 	resolution a polling place for each election precinct. Polling places must be designated and 
20.29 	ballots must be distributed so that no one is required to go to more than one polling place 
20.30 	to vote in a school district and municipal election held on the same day. The polling place 
20.31 	for a precinct in a city ~~or in a school district located in whole or in part in the metropolitan~~ 
20.32 	~~area defined by section 200.02, subdivision 24,~~ shall be located within the boundaries of 
20.33 	the precinct or within one mile of one of those boundaries unless a single polling place 
21.1 	is designated for a city pursuant to section 204B.14, subdivision 2, or a school district 
21.2 	pursuant to section 205A.11. The polling place for a precinct in unorganized territory may 
21.3 	be located outside the precinct at a place which is convenient to the voters of the precinct. 
21.4 	If no suitable place is available within a town or within a school district located outside 
21.5 	the metropolitan area defined by section 200.02, subdivision 24, then the polling place for 
21.6 	a town or school district may be located outside the town or school district within five 
21.7 	miles of one of the boundaries of the town or school district. 

21.8 	Sec. 28. Minnesota Statutes 2008, section 204B.18, subdivision 1, is amended to read:
21.9 		Subdivision 1.Booths; voting stations. Each polling place must contain a number 
21.10 	of voting booths or voting stations in proportion to the number of individuals eligible 
21.11 	to vote in the precinct. Each booth or station must be at least six feet high, three feet 
21.12 	deep and two feet wide with a shelf at least two feet long and one foot wide placed at a 
21.13 	convenient height for writing. The booth or station shall permit the voter to vote privately 
21.14 	and independently. Each polling place must have at least one accessible voting booth 
21.15 	or other accessible voting station and beginning with federal and state elections held 
21.16 	after December 31, 2005, and county, municipal, and school district elections held after 
21.17 	December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of the Help 
21.18 	America Vote Act, Public Law 107-252. Local officials must make accessible voting 
21.19 	stations purchased with funds provided from the Help America Vote Act account available 
21.20 	to other local jurisdictions holding stand-alone elections. Local officials who purchased 
21.21 	the equipment may charge the other local jurisdictions for the costs of programming 
21.22 	the equipment, as well as a prorated cost of maintenance on the equipment. Any funds 
21.23 	received for use of the accessible voting equipment must be treated as program income 
21.24 	and deposited into the jurisdiction's Help America Vote Act account. All booths or 
21.25 	stations must be constructed so that a voter is free from observation while marking ballots. 
21.26 	During the hours of voting, the booths or stations must have instructions, a pencil, and 
21.27 	other supplies needed to mark the ballots. A chair must be provided for elderly voters 
21.28 	and voters with disabilities to use while voting or waiting to vote. Stable flat writing 
21.29 	surfaces must also be made available to voters who are completing election-related forms. 
21.30 	All ballot boxes, voting booths, voting stations, and election judges must be in open 
21.31 	public view in the polling place.

21.32 	Sec. 29. Minnesota Statutes 2008, section 204B.19, subdivision 2, is amended to read:
22.1 		Subd. 2.Individuals not qualified to be election judges.  (a) Except as provided in 
22.2 	paragraph (b), no individual shall be appointed as an election judge for any precinct if 
22.3 	that individual:
22.4 	~~(a)~~ (1) is unable to read, write, or speak the English language;
22.5 	~~(b)~~ (2) is the spouse, parent, child, including a stepchild,  or sibling, including a 
22.6 	stepsibling,  of any election judge serving in the same precinct or of any candidate at 
22.7 	that election; or
22.8 	~~(c)~~ (3) is a candidate at that election.
22.9 	(b) Individuals who are related to each other as provided in paragraph (a), clause (2), 
22.10 	may serve as election judges in the same precinct, provided that they serve on separate 
22.11 	shifts that do not run concurrently.

22.12 	Sec. 30. Minnesota Statutes 2008, section 204B.21, subdivision 1, is amended to read:
22.13 		Subdivision 1. Appointment lists; duties of political parties and ~~county auditor~~
22.14 	secretary of state. On June 1 in a year in which there is an election for a partisan political 
22.15 	office, ~~the county or legislative district chairs of~~ each major political party~~, whichever~~ 
22.16 	~~is designated by the state party,~~ shall prepare a list of eligible voters to act as election 
22.17 	judges in each election precinct ~~in the county or legislative district~~. The ~~chairs~~ political 
22.18 	parties  shall furnish the lists electronically to the ~~county auditor of the county in which~~ 
22.19 	~~the precinct is located~~ secretary of state, in a format specified by the secretary of state. 
22.20 	The secretary of state must combine the data received from each political party under this 
22.21 	subdivision and must process the data to locate the precinct in which the address provided 
22.22 	for each potential election judge is located. If the data submitted by a political party is 
22.23 	insufficient for the secretary of state to locate the proper precinct, the associated name 
22.24 	must not appear in any list forwarded to an appointing authority under this subdivision. 
22.25 	The secretary of state shall notify political parties of any proposed election judges with 
22.26 	addresses that could not be located in a precinct. 
22.27 	By June 15, the ~~county auditor~~ secretary of state  shall furnish electronically to the 
22.28 	~~appointing authorities~~ county auditor  a list of the appropriate names for each ~~election~~ 
22.29 	~~precinct in the jurisdiction of the appointing authority. Separate lists shall be submitted~~ 
22.30 	~~by the county auditor for each major political party~~ county, noting the political party 
22.31 	affiliation of each individual on the list. The county auditor must promptly forward the 
22.32 	appropriate names to the appropriate municipal clerk. 

22.33 	Sec. 31. Minnesota Statutes 2008, section 204B.21, subdivision 2, is amended to read:
23.1 		Subd. 2. Appointing authority; powers and duties. Election judges for precincts 
23.2 	in a municipality shall be appointed by the governing body of the municipality. Election 
23.3 	judges for precincts in unorganized territory and for performing election-related duties 
23.4 	assigned by the county auditor shall be appointed by the county board. Election judges for 
23.5 	a precinct composed of two or more municipalities must be appointed by the governing 
23.6 	body of the municipality or municipalities responsible for appointing election judges as 
23.7 	provided in the agreement to combine for election purposes. Except as otherwise provided 
23.8 	in this section, appointments shall be made from lists furnished pursuant to subdivision 1 
23.9 	subject to the eligibility requirements and other qualifications established or authorized 
23.10 	under section 204B.19. At least two election judges in each precinct must be affiliated with 
23.11 	different major political parties. If no lists have been furnished or if additional election 
23.12 	judges are required after all listed names in that municipality have been exhausted, the 
23.13 	appointing authority may appoint other individuals who meet the qualifications to serve as 
23.14 	an election judge, including persons who are not affiliated with a major political party. 
23.15 	The appointments shall be made at least 25 days before the election at which the election 
23.16 	judges will serve, except that the appointing authority may pass a resolution authorizing 
23.17 	the appointment of additional election judges within the 25 days before the election if the 
23.18 	appointing authority determines that additional election judges will be required. 

23.19 	Sec. 32. Minnesota Statutes 2008, section 204B.24, is amended to read:
23.20 	204B.24 ELECTION JUDGES; OATH.
23.21 	Each election judge shall sign the following oath before assuming the duties of 
23.22 	the office:
23.23 	"I .......... solemnly swear (or affirm) that I will perform the duties of election judge 
23.24 	according to law and the best of my ability and will diligently endeavor to prevent fraud, 
23.25 	deceit and abuse in conducting this election. I will perform my duties in a fair and impartial 
23.26 	manner and not attempt to create an advantage for my party or for any candidate."
23.27 	The oath shall be attached to the summary statement of the election returns of that 
23.28 	precinct. If there is no individual present who is authorized to administer oaths, the 
23.29 	election judges may administer the oath to each other.

23.30 	Sec. 33. Minnesota Statutes 2008, section 204B.27, subdivision 2, is amended to read:
23.31 		Subd. 2.Election law and instructions. The secretary of state shall prepare and 
23.32 	publish a volume containing all state general laws relating to elections. The attorney 
23.33 	general shall provide annotations to the secretary of state for this volume. On or before 
23.34 	~~July~~ August 1 of every ~~even-numbered~~ odd-numbered year the secretary of state shall 
24.1 	furnish to the county auditors and municipal clerks enough copies of this volume so that 
24.2 	each county auditor and municipal clerk will have at least one copy. On or before July 1 
24.3 	of every even-numbered year, the secretary of state shall prepare and make an electronic 
24.4 	copy available on the office's Web site. The secretary of state may prepare and transmit 
24.5 	to the county auditors and municipal clerks detailed written instructions for complying 
24.6 	with election laws relating to the conduct of elections, conduct of voter registration and 
24.7 	voting procedures.

24.8 	Sec. 34. Minnesota Statutes 2008, section 204B.38, is amended to read:
24.9 	204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS.
24.10 	When the similarity of surnames of two or more candidates for the same office 
24.11 	at the same election may cause confusion to voters because the candidates also have 
24.12 	similar first names, up to three additional words may be printed on the ballot after each 
24.13 	surname to indicate the candidate's occupation, office, residence or any combination 
24.14 	of them if the candidate furnishes the identifying words to the filing officer by the last 
24.15 	day for withdrawal of candidacy.

24.16 	Sec. 35. Minnesota Statutes 2008, section 204B.44, is amended to read:
24.17 	204B.44 ERRORS AND OMISSIONS; REMEDY.
24.18 	(a) Any individual may file a petition in the manner provided in this section for 
24.19 	the correction of any of the following errors, omissions, or wrongful acts which have 
24.20 	occurred or are about to occur:
24.21 	~~(a)~~ (1) an error or omission in the placement or printing of the name or description of 
24.22 	any candidate or any question on any official ballot;
24.23 	~~(b)~~ (2) any other error in preparing or printing any official ballot;
24.24 	~~(c)~~ (3) failure of the chair or secretary of the proper committee of a major political 
24.25 	party to execute or file a certificate of nomination; or
24.26 	~~(d)~~ (4) any wrongful act, omission, or error of any election judge, municipal clerk, 
24.27 	county auditor, canvassing board or any of its members, the secretary of state, or any other 
24.28 	individual charged with any duty concerning an election.
24.29 	(b) The petition shall describe the error, omission, or wrongful act and the correction 
24.30 	sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in 
24.31 	the case of an election for state or federal office or any judge of the district court in that 
24.32 	county in the case of an election for county, municipal, or school district office. The 
24.33 	petitioner shall serve a copy of the petition on the officer, board or individual charged with 
24.34 	the error, omission, or wrongful act, and on any other party as required by the court. Upon 
25.1 	receipt of the petition the court shall immediately set a time for a hearing on the matter 
25.2 	and order the officer, board or individual charged with the error, omission or wrongful act 
25.3 	to correct the error or wrongful act or perform the duty or show cause for not doing so. 
25.4 	The court shall issue its findings and a final order for appropriate relief as soon as possible 
25.5 	after the hearing. Failure to obey the order is contempt of court.
25.6 	(c) An order issued under this section may not authorize the candidates in an election 
25.7 	to determine whether an absentee ballot envelope was improperly rejected.

25.8 	Sec. 36. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:
25.9 		Subd. 2. Procedure. Notice of the election and the special mail procedure must be 
25.10 	given at least six weeks prior to the election. Not more than 30 days nor later than 14 days 
25.11 	prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters 
25.12 	registered in the town or unorganized territory. No later than 14 days before the election, 
25.13 	the auditor must make a subsequent mailing of ballots to those voters who register to vote 
25.14 	after the initial mailing but before the 20th day before the election. Eligible voters not 
25.15 	registered at the time the ballots are mailed may apply for ballots as provided in chapter 
25.16 	203B. Ballot return envelopes, with return postage provided, must be preaddressed to the 
25.17 	auditor or clerk and the voter may return the ballot by mail or in person to the office of 
25.18 	the auditor or clerk. The auditor or clerk ~~may~~must appoint ~~election judges~~a ballot board 
25.19 	to examine the return envelopes and mark them "accepted" or "rejected" ~~during the 30~~ 
25.20 	~~days before the election.~~ within three days of receipt if there are 14 or fewer days before 
25.21 	election day, or within five days of receipt if there are more than 14 days before election 
25.22 	day. The board may consist of staff trained as election judges, in which case, the board is 
25.23 	exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party balance in 
25.24 	appointment of judges and to duties to be performed by judges or members of a ballot 
25.25 	board of different major political parties. If an envelope has been rejected at least five days 
25.26 	before the election, the ballots in the envelope must ~~be considered spoiled ballots~~remain 
25.27 	sealed and the auditor or clerk shall provide the voter with a replacement ballot and return 
25.28 	envelope in place of the spoiled ballot. If the ballot is rejected within five days of the 
25.29 	election, the envelope must remain sealed and the official in charge of the ballot board must 
25.30 	attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot 
25.31 	has been rejected. The official must document the attempts made to contact the voter.
25.32 	The ballots from return envelopes marked "accepted" must be promptly opened, 
25.33 	duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by 
25.34 	the members of the ballot board, and deposited in the ballot box. These duties must be 
25.35 	performed by two members of the ballot board of different major political parties.
26.1 	In all other respects, the provisions of the Minnesota Election Law governing 
26.2 	deposit and counting of ballots apply.
26.3 	No vote totals from mail or absentee ballots may be made public before the close 
26.4 	of voting on election day.
26.5 	The costs of the mailing shall be paid by the election jurisdiction in which the voter 
26.6 	resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. 

26.7 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
26.8 	certified that the statewide voter registration system has been tested, shown to properly 
26.9 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
26.10 	the expected volume of use.

26.11 	Sec. 37. Minnesota Statutes 2009 Supplement, section 204B.46, is amended to read:
26.12 	204B.46 MAIL ELECTIONS; QUESTIONS.
26.13 	A county, municipality, or school district submitting questions to the voters at a 
26.14 	special election may conduct an election by mail with no polling place other than the 
26.15 	office of the auditor or clerk. No offices may be voted on at a mail election. Notice of 
26.16 	the election must be given to the county auditor at least 53 days prior to the election. 
26.17 	This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The 
26.18 	special mail ballot procedures must be posted at least six weeks prior to the election. No 
26.19 	earlier than ~~20 or~~ 30 nor later than 14 days prior to the election, the auditor or clerk shall 
26.20 	mail ballots by nonforwardable mail to all voters registered in the county, municipality, 
26.21 	or school district. No later than 14 days before the election, the auditor or clerk must 
26.22 	make a subsequent mailing of ballots to those voters who register to vote after the initial 
26.23 	mailing but before the 20th day before the election. Eligible voters not registered at the 
26.24 	time the ballots are mailed may apply for ballots pursuant to chapter 203B. The auditor 
26.25 	or clerk must appoint a ballot board to examine the return envelopes and mark them 
26.26 	"accepted" or "rejected" within three days of receipt if there are 14 or fewer days before 
26.27 	election day, or within five days of receipt if there are more than 14 days before election 
26.28 	day. The board may consist of staff trained as election judges, in which case, the board is 
26.29 	exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party balance in 
26.30 	appointment of judges and to duties to be performed by judges or members of a ballot 
26.31 	board of different major political parties. If an envelope has been rejected at least five 
26.32 	days before the election, the ballots in the envelope must remain sealed and the auditor or 
26.33 	clerk must provide the voter with a replacement ballot and return envelope in place of the 
26.34 	spoiled ballot. If the ballot is rejected within five days of the election, the envelope must 
27.1 	remain sealed and the official in charge of the ballot board must attempt to contact the 
27.2 	voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected. 
27.3 	The official must document the attempts made to contact the voter.
27.4 	The ballots from return envelopes marked "accepted" must be promptly opened, 
27.5 	duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed 
27.6 	by the ballot board, and deposited in the appropriate ballot box. These duties must be 
27.7 	performed by two members of the ballot board of different major political parties.
27.8 	In all other respects, the provisions of the Minnesota Election Law governing 
27.9 	deposit and counting of ballots apply.
27.10 	No vote totals from ballots may be made public before the close of voting on 
27.11 	election day.

27.12 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
27.13 	certified that the statewide voter registration system has been tested, shown to properly 
27.14 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
27.15 	the expected volume of use.

27.16 	Sec. 38. Minnesota Statutes 2008, section 204C.02, is amended to read:
27.17 	204C.02 APPLICATION.
27.18 	This chapter applies to all elections held in this state except as otherwise provided 
27.19 	by law.
27.20 	An individual who is unable to write the individual's name must sign election-related 
27.21 	documents in the manner provided by section 645.44, subdivision 14. An individual who 
27.22 	has power of attorney for another person may not sign election-related documents for that 
27.23 	person, except as provided by this section.

27.24 	Sec. 39. Minnesota Statutes 2008, section 204C.04, subdivision 1, is amended to read:
27.25 		Subdivision 1.Right to be absent. Every employee who is eligible to vote in an 
27.26 	election has the right to be absent from work ~~for the purpose of voting during the morning~~ 
27.27 	~~of~~ for the time necessary to appear at the employee's polling place, cast a ballot, and return 
27.28 	to work on the day of that election, without penalty or deduction from salary or wages 
27.29 	because of the absence. An employer or other person may not directly or indirectly refuse, 
27.30 	abridge, or interfere with this right or any other election right of an employee.

27.31 	Sec. 40. Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read:
28.1 		Subdivision 1. Lingering near polling place. An individual shall be allowed to go 
28.2 	to and from the polling place for the purpose of voting without unlawful interference. No 
28.3 	one except an election official or an individual who is waiting to register or to vote or a 
28.4 	representative of the press who is conducting exit polling shall stand within 100 feet of 
28.5 	the building in which a polling place is located. "Exit polling" is defined as approaching 
28.6 	voters in a predetermined pattern as they leave the polling place after they have voted and 
28.7 	asking voters to fill out an anonymous questionnaire.

28.8 	Sec. 41. Minnesota Statutes 2008, section 204C.08, is amended to read:
28.9 	204C.08 OPENING OF POLLING PLACES.
28.10 		Subdivision 1.Arrival; ballots. The election judges shall meet at the polling place 
28.11 	at least one hour before the time for opening the polls. Before the polls open, the election 
28.12 	judges shall compare the ballots used with the sample ballots, electronic ballot displays, 
28.13 	and audio ballot reader furnished to see that the names, numbers, and letters on both agree 
28.14 	and shall certify to that fact on forms provided for that purpose. The certification must 
28.15 	be filed with the election returns.
28.16 		Subd. 1a. Display of flag. Upon their arrival at the polling place on the day of 
28.17 	election, the election judges shall cause the national flag to be displayed on a suitable 
28.18 	staff at the entrance to the polling place. The flag shall be displayed continuously during 
28.19 	the hours of voting and the election judges shall attest to that fact by signing the flag 
28.20 	certification statement on the precinct summary statement. The election judges shall 
28.21 	receive no compensation for any time during which they intentionally fail to display 
28.22 	the flag as required by this subdivision.
28.23 		Subd. ~~1a.~~ 1b.Voter's Bill of Rights. The county auditor shall prepare and provide 
28.24 	to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as 
28.25 	set forth in this section. Before the hours of voting are scheduled to begin, the election 
28.26 	judges shall post it in a conspicuous location or locations in the polling place. The Voter's 
28.27 	Bill of Rights is as follows:
28.28 	"VOTER'S BILL OF RIGHTS
28.29 	For all persons residing in this state who meet federal voting eligibility requirements:
28.30 	(1) You have the right to be absent from work for the purpose of voting ~~during the~~ 
28.31 	~~morning of~~ without reduction to your pay, personal leave, or vacation time on election day.
28.32 	(2) If you are in line at your polling place any time ~~between 7:00 a.m. and~~ before
28.33 	8:00 p.m., you have the right to vote.
28.34 	(3) If you can provide the required proof of residence, you have the right to register 
28.35 	to vote and to vote on election day.
29.1 	(4) If you are unable to sign your name, you have the right to orally confirm your 
29.2 	identity with an election judge and to direct another person to sign your name for you.
29.3 	(5) You have the right to request special assistance when voting.
29.4 	(6) If you need assistance, you may be accompanied into the voting booth by a 
29.5 	person of your choice, except by an agent of your employer or union or a candidate.
29.6 	(7) You have the right to bring your minor children into the polling place and into 
29.7 	the voting booth with you.
29.8 	(8) If you have been convicted of a felony but your felony sentence has expired (been 
29.9 	completed) or you have been discharged from your sentence, you have the right to vote.
29.10 	(9) If you are under a guardianship, you have the right to vote, unless the court 
29.11 	order revokes your right to vote.
29.12 	(10) You have the right to vote without anyone in the polling place trying to 
29.13 	influence your vote.
29.14 	(11) If you make a mistake or spoil your ballot before it is submitted, you have the 
29.15 	right to receive a replacement ballot and vote.
29.16 	(12) You have the right to file a written complaint at your polling place if you are 
29.17 	dissatisfied with the way an election is being run.
29.18 	(13) You have the right to take a sample ballot into the voting booth with you.
29.19 	(14) You have the right to take a copy of this Voter's Bill of Rights into the voting 
29.20 	booth with you."
29.21 		Subd. 2.Posting of voting instructions. Before the hours for voting are scheduled 
29.22 	to begin, the election judges shall post any official voter instruction posters furnished to 
29.23 	them in a conspicuous location or locations in the polling place.
29.24 		Subd. 2a.Sample ballots. ~~A~~ At least two sample ~~ballot~~ ballots must be posted in a 
29.25 	conspicuous location in the polling place and must remain open to inspection by the voters 
29.26 	throughout election day. The sample ~~ballot~~ ballots must accurately reflect the offices, 
29.27 	candidates, and rotation sequence on the ballots used in that polling place. The sample 
29.28 	ballots may be either in full or reduced size.
29.29 		Subd. 3.Locking of ballot ~~boxes~~ box. Immediately before the time when voting 
29.30 	is scheduled to begin, one of the election judges shall open the ballot ~~boxes~~ box in the 
29.31 	presence of the individuals assembled at the polling place, ~~turn the boxes upside down to~~
29.32 	demonstrate that it is empty ~~them~~, lock ~~them~~ it, and deliver the key to another election 
29.33 	judge. Except as provided by this subdivision, the ~~boxes~~ box shall not be reopened 
29.34 	~~except to count the ballots~~ until after the hours for voting have ended and all voting has 
29.35 	been concluded. The ~~boxes~~ box shall be kept in public view at all times during voting 
29.36 	hours. After locking the ballot ~~boxes~~ box, the election judges shall proclaim that voting 
30.1 	may begin, and shall post outside the polling place conspicuous written or printed notices 
30.2 	of the time when voting is scheduled to end.
30.3 	Two election judges of different major political parties may open the ballot box as 
30.4 	needed to straighten the ballots or remove voted ballots to prevent the box from becoming 
30.5 	full. The election judges shall not count or inspect the ballots.
30.6 	If the election judges remove any ballots from the box, the election judges shall put 
30.7 	the ballots into containers and seal them. The judges shall put any ballots taken from the 
30.8 	ballot box's write-in compartment into containers separate from the other ballots and seal 
30.9 	them. The judges shall label the ballot containers and secure them.
30.10 	The judges shall note on the incident report that the ballot box was opened, the time 
30.11 	the box was opened, and, if any ballots were removed, the number of any seals used to 
30.12 	seal the ballot containers.
30.13 		Subd. 4.Ballot ~~boxes,~~ box boxcar seals. The governing body of a municipality or 
30.14 	school district by resolution may direct the municipal or school district clerk to furnish 
30.15 	a boxcar seal for each ballot box in place of a lock and key. Each seal shall consist of a 
30.16 	numbered ~~metal~~ strap with a self-locking device securely attached to one end of the strap 
30.17 	so that the other end may be inserted and securely locked in the seal. No two ~~metal~~ straps 
30.18 	shall bear the same number.

30.19 	EFFECTIVE DATE. The amendment to subdivision 1b is effective for the state 
30.20 	primary in 2010 and thereafter.

30.21 	Sec. 42. Minnesota Statutes 2008, section 204C.10, is amended to read:
30.22 	204C.10 PERMANENT REGISTRATION; VERIFICATION OF 
30.23 	REGISTRATION.
30.24 	(a) An individual seeking to vote shall sign a polling place roster ~~which states~~ 
30.25 	~~that the individual is at least 18 years of age, a citizen of the United States, has resided~~ 
30.26 	~~in Minnesota for 20 days immediately preceding the election, maintains residence at~~ 
30.27 	~~the address shown, is not under a guardianship in which the court order revokes the~~ 
30.28 	~~individual's right to vote, has not been found by a court of law to be legally incompetent~~ 
30.29 	~~to vote or has the right to vote because, if the individual was convicted of a felony, the~~ 
30.30 	~~felony sentence has expired or been completed or the individual has been discharged from~~ 
30.31 	~~the sentence, is registered and has not already voted in the election. The roster must also~~ 
30.32 	~~state: "~~. The polling place roster must state: "I certify that I have not already voted in 
30.33 	this election. I certify that I am at least 18 years of age and a citizen of the United States; 
30.34 	that I reside at the address shown and have resided in Minnesota for 20 days immediately 
31.1 	preceding this election; that I am not under guardianship of the person in which the court 
31.2 	order revokes my right to vote, have not been found by a court to be legally incompetent 
31.3 	to vote, and that if convicted of a felony, my felony sentence has expired (been completed) 
31.4 	or I have been discharged from my sentence; and that I am registered and will be voting 
31.5 	only in this precinct. I understand that deliberately providing false information is a felony 
31.6 	punishable by not more than five years imprisonment and a fine of not more than $10,000, 
31.7 	or both." The words "I have not already voted in this election" and "I understand that 
31.8 	deliberately providing false information is a felony" must be in bold type.
31.9 	(b) A judge may, before the applicant signs the roster, confirm the applicant's name, 
31.10 	address, and date of birth. If the ballot board has not marked the roster in accordance with 
31.11 	section 203B.121, the election judge must review the supplemental list of those who have 
31.12 	already voted to ensure that the voter's name is not on the list. If a voter's name is on the 
31.13 	list, the voter must not be allowed to sign the roster or to vote on election day.
31.14 	(c) After the applicant signs the roster, the judge shall give the applicant a voter's 
31.15 	receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof 
31.16 	of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The 
31.17 	voters' receipts must be maintained during the time for notice of filing an election contest.

31.18 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
31.19 	certified that the statewide voter registration system has been tested, shown to properly 
31.20 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
31.21 	the expected volume of use.

31.22 	Sec. 43. Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read:
31.23 		Subd. 2.Voting booths. One of the election judges shall explain to the voter the 
31.24 	proper method of marking and folding the ballots and, during a primary election, the effect 
31.25 	of attempting to vote in more than one party's primary. Except as otherwise provided in 
31.26 	section 204C.15, the voter shall retire alone to an unoccupied voting booth ~~and~~or, at the 
31.27 	voter's discretion, the voter may choose to use another writing surface. The voter shall 
31.28 	mark the ballots without undue delay. The voter may take sample ballots into the booth to 
31.29 	assist in voting. The election judges may adopt and enforce reasonable rules governing the 
31.30 	amount of time a voter may spend in the voting booth marking ballots. 

31.31 	Sec. 44. Minnesota Statutes 2008, section 204C.13, subdivision 6, is amended to read:
31.32 		Subd. 6.Challenge of voter; time limits; disposition of ballots. At any time 
31.33 	before the ballots of any voter are deposited in the ballot boxes, the election judges or any 
31.34 	individual who was not present at the time the voter procured the ballots, but not otherwise, 
32.1 	may challenge the eligibility of that voter ~~and the deposit of any received absentee ballots~~ 
32.2 	~~in the ballot boxes~~. The election judges shall determine the eligibility of any voter who is 
32.3 	present in the polling place in the manner provided in section 204C.12, and if the voter is 
32.4 	found to be not eligible to vote, shall place the ballots of that voter unopened among the 
32.5 	spoiled ballots. ~~The election judges shall determine whether to receive or reject the ballots~~ 
32.6 	~~of an absent voter and whether to deposit received absentee ballots in the ballot boxes in~~ 
32.7 	~~the manner provided in sections 203B.12, 203B.24, and 203B.25, and shall dispose of any~~ 
32.8 	~~absentee ballots not received or deposited in the manner provided in section 203B.12.~~ A 
32.9 	violation of this subdivision by an election judge is a gross misdemeanor. 

32.10 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
32.11 	certified that the statewide voter registration system has been tested, shown to properly 
32.12 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
32.13 	the expected volume of use.

32.14 	Sec. 45. Minnesota Statutes 2008, section 204C.17, is amended to read:
32.15 	204C.17 VOTING; SECRECY.
32.16 	Except as authorized by section 204C.15, a voter shall not reveal to anyone in the 
32.17 	polling place the name of any candidate for whom the voter intends to vote or has voted. A 
32.18 	voter shall not ask for or receive assistance in the marking of a ballot from anyone within 
32.19 	the polling place except as authorized by section 204C.15. If a voter, after marking a ballot, 
32.20 	shows it to anyone except as authorized by law or takes a picture of the voter's ballot, the 
32.21 	election judges shall refuse to deposit the ballot in any ballot box and shall place it among 
32.22 	the spoiled ballots. Unless the showing of the ballot was clearly intentional, the voter shall 
32.23 	receive another ballot as provided in section 204C.13, subdivision 3, ~~clause~~ paragraph (d).

32.24 	Sec. 46. Minnesota Statutes 2008, section 204C.27, is amended to read:
32.25 	204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
32.26 		Subdivision 1.Election supplies. One or more of the election judges in each 
32.27 	precinct shall deliver two sets of summary statements; all spoiled white, pink, canary, and 
32.28 	gray ballots; and the envelopes containing the white, pink, canary, and gray ballots either 
32.29 	directly to the municipal clerk for transmittal to the county auditor's office or directly to 
32.30 	the county auditor's office as soon as possible after the vote counting is completed but 
32.31 	no later than 24 hours after the end of the hours for voting. One or more election judges 
32.32 	shall deliver the remaining set of summary statements and returns, all unused and spoiled 
32.33 	municipal and school district ballots, the envelopes containing municipal and school 
33.1 	district ballots, and all other things furnished by the municipal or school district clerk, to 
33.2 	the municipal or school district clerk's office within 24 hours after the end of the hours 
33.3 	for voting. The municipal or school district clerk shall return all polling place rosters and 
33.4 	completed voter registration cards to the county auditor within 48 hours after the end 
33.5 	of the hours for voting.
33.6 		Subd. 2.Rejected absentee ballots. All absentee ballots that were rejected and 
33.7 	their accompanying absentee ballot applications must be delivered to the county auditor 
33.8 	within 48 hours after the end of the hours for voting.

33.9 	Sec. 47. Minnesota Statutes 2008, section 204C.30, is amended by adding a 
33.10 	subdivision to read:
33.11 		Subd. 3.Review of rejected absentee ballots. Prior to the meeting of the county 
33.12 	canvassing board to canvass the results of the state general election, the county auditor 
33.13 	must review any absentee ballots that were marked rejected to determine whether any 
33.14 	were rejected in error. If the county canvassing board agrees that any ballots were rejected 
33.15 	in error, the board must publicly open the return and ballot envelopes and initial and 
33.16 	count the ballots to include the votes in all races in the results canvassed by the board. 
33.17 	The county canvassing board must protect the privacy of voters' choices to the extent 
33.18 	practicable. Except as provided in this subdivision, a rejected absentee ballot may not be 
33.19 	reviewed outside of an election contest under chapter 209.

33.20 	Sec. 48. Minnesota Statutes 2008, section 204C.30, is amended by adding a 
33.21 	subdivision to read:
33.22 		Subd. 4.Election results reporting; state primary and general elections. For 
33.23 	state primary and general elections, the county auditor shall enter the votes in each 
33.24 	precinct for the questions and offices voted on into the election results reporting system 
33.25 	provided by the secretary of state.

33.26 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
33.27 	certified that the election reporting system has been tested, shown to properly allow for 
33.28 	the entry of candidate names and for election results to be uploaded, and shown to be 
33.29 	able to handle the expected volume of use.

33.30 	Sec. 49. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
33.31 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
33.32 	county auditor's office ~~on or before the seventh day~~ between the third and tenth days
33.33 	following the state general election. After taking the oath of office, the board shall 
34.1 	promptly and publicly canvass the general election returns delivered to the county auditor. 
34.2 	Upon completion of the canvass, the board shall promptly prepare and file with the county 
34.3 	auditor a report which states:
34.4 	(a) the number of individuals voting at the election in the county and in each precinct;
34.5 	(b) the number of individuals registering to vote on election day and the number of 
34.6 	individuals registered before election day in each precinct;
34.7 	(c) the names of the candidates for each office and the number of votes received 
34.8 	by each candidate in the county and in each precinct~~, including write-in candidates for~~ 
34.9 	~~state and federal office who have requested under section 204B.09 that votes for those~~ 
34.10 	~~candidates be tallied~~; 
34.11 	(d) the number of votes counted for and against a proposed change of county lines 
34.12 	or county seat; and
34.13 	(e) the number of votes counted for and against a constitutional amendment or other 
34.14 	question in the county and in each precinct.
34.15 	The result of write-in votes cast on the general election ballots must be compiled by 
34.16 	the county auditor before the county canvass, except that write-in votes for a candidate for 
34.17 	federal, state, or ~~federal~~ county office must not be counted unless the candidate has timely 
34.18 	filed a request under section 204B.09, subdivision 3. The county auditor shall arrange 
34.19 	for each municipality to provide an adequate number of election judges to perform this 
34.20 	duty or the county auditor may appoint additional election judges for this purpose. The 
34.21 	county auditor may open the envelopes or containers in which the voted ballots have been 
34.22 	sealed in order to count and record the write-in votes and must reseal the voted ballots at 
34.23 	the conclusion of this process. The county auditor must prepare a separate report of votes 
34.24 	received by precinct for write-in candidates for federal, state, and county offices who have 
34.25 	requested under section 204B.09 that votes for those candidates be tallied.
34.26 	Upon completion of the canvass, the county canvassing board shall declare the 
34.27 	candidate duly elected who received the highest number of votes for each county and state 
34.28 	office voted for only within the county. The county auditor shall transmit ~~one of the~~ a
34.29 	certified ~~copies~~ copy of the county canvassing board report for state and federal offices to 
34.30 	the secretary of state by messenger, express mail, or similar service immediately upon 
34.31 	conclusion of the county canvass.

34.32 	Sec. 50. Minnesota Statutes 2008, section 204C.33, subdivision 3, is amended to read:
34.33 		Subd. 3.State canvass. The State Canvassing Board shall meet at the secretary of 
34.34 	state's office on the ~~second~~third Tuesday following the state general election to canvass 
35.1 	the certified copies of the county canvassing board reports received from the county 
35.2 	auditors and shall prepare a report that states:
35.3 	(a) the number of individuals voting in the state and in each county;
35.4 	(b) the number of votes received by each of the candidates, specifying the counties 
35.5 	in which they were cast; and
35.6 	(c) the number of votes counted for and against each constitutional amendment, 
35.7 	specifying the counties in which they were cast.
35.8 	All members of the State Canvassing Board shall sign the report and certify its 
35.9 	correctness. The State Canvassing Board shall declare the result within three days after 
35.10 	completing the canvass.

35.11 	Sec. 51. Minnesota Statutes 2008, section 204C.37, is amended to read:
35.12 	204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF 
35.13 	STATE.
35.14 	~~Two copies~~ A copy of the ~~reports~~ report required by sections 204C.32, subdivision 
35.15 	1, and 204C.33, subdivision 1, shall be certified under the official seal of the county 
35.16 	auditor. ~~Each~~ The copy shall be enclosed in an envelope addressed to the secretary 
35.17 	of state, with the county auditor's name and official address and the words "Election 
35.18 	Returns" endorsed on the envelope. The copy of the canvassing board report ~~not sent by~~ 
35.19 	~~express mail~~ and the precinct summary statements must be ~~mailed~~ sent by express mail
35.20 	or delivered to the secretary of state. If ~~neither~~ the copy is not received by the secretary 
35.21 	of state within ten days following the applicable election, the secretary of state shall 
35.22 	immediately notify the county auditor, who shall deliver another copy to the secretary of 
35.23 	state by special messenger. 

35.24 	Sec. 52. Minnesota Statutes 2008, section 204D.04, subdivision 2, is amended to read:
35.25 		Subd. 2.Instructions to printer; printer's bond. (a) The official charged with 
35.26 	the preparation and distribution of the ballots shall prepare instructions to the printer for 
35.27 	rotation of the names of candidates and for layout of the ballot.
35.28 	(b) Except as provided in paragraph (c), the instructions shall be approved by the 
35.29 	legal advisor of the official before delivery to the printer.
35.30 	(c) The legal advisor of a town official is not required to approve instructions 
35.31 	regarding the rotation of the names of candidates on the ballot or the layout of the ballot.
35.32 	(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer 
35.33 	shall furnish, if requested by the official, a sufficient bond, letter of credit, or certified 
35.34 	check, acceptable to the official responsible for printing the ballots, conditioned on 
36.1 	printing the ballots in conformity with the Minnesota Election Law and the instructions 
36.2 	delivered. The official responsible for printing the ballots shall set the amount of the bond, 
36.3 	letter of credit, or certified check in an amount equal to the value of the purchase.

36.4 	Sec. 53. Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read:
36.5 		Subd. 2.Sample ballot. At least two weeks before the state primary the county 
36.6 	auditor shall prepare a sample state partisan primary ballot and a sample state and county 
36.7 	nonpartisan primary ballot for public inspection. The names of all of the candidates to 
36.8 	be voted for in the county shall be placed on the sample ballots, with the names of the 
36.9 	candidates for each office arranged ~~alphabetically according to the surname~~ in the base 
36.10 	rotation as determined by section 206.61, subdivision 5. Only one sample state partisan 
36.11 	primary ballot and one sample state and county nonpartisan ballot shall be prepared for 
36.12 	any county. The county auditor shall post the sample ballots in a conspicuous place in the 
36.13 	auditor's office and shall cause them to be published at least one week before the state 
36.14 	primary in at least one newspaper of general circulation in the county.

36.15 	Sec. 54. Minnesota Statutes 2008, section 205.075, subdivision 1, is amended to read:
36.16 		Subdivision 1.Date of election. The general election in a town must be held on the 
36.17 	second Tuesday in March, except as provided in subdivision 2 or when moved for bad 
36.18 	weather as provided in section 365.51, subdivision 1.

36.19 	Sec. 55. Minnesota Statutes 2008, section 205.075, is amended by adding a subdivision 
36.20 	to read:
36.21 		Subd. 2a.Return to March election. The town board of a town that has adopted 
36.22 	the alternative November election date under subdivision 2 may, after having conducted 
36.23 	at least two elections on the alternative date, adopt a resolution designating the second 
36.24 	Tuesday in March as the date of the town general election. The resolution must be 
36.25 	adopted by a unanimous vote of the town supervisors and must include a plan to shorten 
36.26 	or lengthen the terms of office to provide an orderly transition to the March election 
36.27 	schedule. The resolution becomes effective upon an affirmative vote of the electors at 
36.28 	the next town general election.

36.29 	Sec. 56. Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to read:
36.30 		Subdivision 1.Affidavit of candidacy. An individual who is eligible and desires to 
36.31 	become a candidate for an office to be voted for at the municipal general election shall file 
36.32 	an affidavit of candidacy with the municipal clerk. Candidates for a special election to 
37.1 	fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit 
37.2 	of candidacy for the specific office to fill the unexpired portion of the term. Subject to 
37.3 	the approval of the county auditor, the town clerk may authorize candidates for township 
37.4 	offices to file affidavits of candidacy with the county auditor. The affidavit shall be in 
37.5 	substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk 
37.6 	shall also accept an application signed by not less than five voters and filed on behalf of an 
37.7 	eligible voter in the municipality whom they desire to be a candidate, if service of a copy 
37.8 	of the application has been made on the candidate and proof of service is endorsed on the 
37.9 	application being filed. Upon receipt of the proper filing fee, the clerk shall place the name 
37.10 	of the candidate on the official ballot without partisan designation. 

37.11 	EFFECTIVE DATE. This section is effective the day following final enactment.

37.12 	Sec. 57. Minnesota Statutes 2008, section 205.13, subdivision 1a, is amended to read:
37.13 		Subd. 1a.Filing period. In ~~municipalities~~ a city nominating candidates at a 
37.14 	~~municipal~~ primary, an affidavit of candidacy for a city office ~~or town office~~ voted on in 
37.15 	November of an even-numbered year must be filed not more than ~~70~~ 84 days nor less than 
37.16 	~~56~~ 70 days before the ~~first Tuesday after the second Monday in September preceding the~~ 
37.17 	~~municipal general election~~ city primary and an affidavit of candidacy for an office voted 
37.18 	on in November of an odd-numbered year must be filed not more than 70 days nor less 
37.19 	than 56 days before the city primary. In ~~all other~~ municipalities that do not hold a primary, 
37.20 	an affidavit of candidacy must be filed not more than 70 days and not less than 56 days 
37.21 	before the municipal general election held in March in any year or in November in an 
37.22 	odd-numbered year, or a special election not held in conjunction with another election, 
37.23 	and no more than 84 days and no less than 70 days before the municipal general election 
37.24 	held in November in an even-numbered year.

37.25 	EFFECTIVE DATE. This section is effective the day following final enactment.

37.26 	Sec. 58. Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to read:
37.27 		Subd. 2.Notice of filing dates. At least two weeks before the first day to file 
37.28 	affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last 
37.29 	dates on which affidavits of candidacy may be filed in the clerk's office and the closing 
37.30 	time for filing on the last day for filing. The clerk shall post a similar notice at least ten 
37.31 	days before the first day to file affidavits of candidacy. The notice must separately list 
37.32 	any office for which affidavits of candidacy may be filed to fill the unexpired portion 
38.1 	of a term when a special election is being held to fill a vacancy as provided in section 
38.2 	412.02, subdivision 2a.

38.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

38.4 	Sec. 59. Minnesota Statutes 2008, section 205.16, subdivision 2, is amended to read:
38.5 		Subd. 2.Sample ballot, publication. For every municipal election, the municipal 
38.6 	clerk shall, at least ~~one week~~ two weeks before the election, publish a sample ballot in the 
38.7 	official newspaper of the municipality, except that the governing body of a fourth class 
38.8 	city or a town not located within a metropolitan county as defined in section 473.121
38.9 	may dispense with publication. 

38.10 	Sec. 60. Minnesota Statutes 2008, section 205.16, subdivision 3, is amended to read:
38.11 		Subd. 3.Sample ballot, posting. For every municipal election, the municipal 
38.12 	clerk shall at least ~~four days~~ two weeks before the election ~~post~~ prepare a sample ballot 
38.13 	for the municipality, make them available for public inspection in the clerk's office ~~for~~ 
38.14 	~~public inspection~~, and post a sample ballot in each polling place on election day.

38.15 	Sec. 61. Minnesota Statutes 2008, section 205.185, subdivision 3, is amended to read:
38.16 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. (a) 
38.17 	~~Within seven~~Between 11 and 17 days after ~~an election,~~ a state general election, and within 
38.18 	17 days after any other election, the governing body of a city conducting any election 
38.19 	including a special municipal election, or the governing body of a town conducting the 
38.20 	general election in November shall act as the canvassing board, canvass the returns, and 
38.21 	declare the results of the election. The governing body of a town conducting the general 
38.22 	election in March shall act as the canvassing board, canvass the returns, and declare the 
38.23 	results of the election within two days after an election.
38.24 	(b) After the time for contesting elections has passed, the municipal clerk shall issue a 
38.25 	certificate of election to each successful candidate. In case of a contest, the certificate shall 
38.26 	not be issued until the outcome of the contest has been determined by the proper court.
38.27 	(c) In case of a tie vote, the canvassing board having jurisdiction over the 
38.28 	municipality shall determine the result by lot. The clerk of the canvassing board shall 
38.29 	certify the results of the election to the county auditor, and the clerk shall be the final 
38.30 	custodian of the ballots and the returns of the election.

38.31 	Sec. 62. Minnesota Statutes 2008, section 205.185, is amended by adding a subdivision 
38.32 	to read:
39.1 		Subd. 5.Review of rejected absentee ballots. Before an election not held 
39.2 	in conjunction with a state election, a clerk may arrange to have a certified election 
39.3 	administrator from a county or another city review all ballots that were marked rejected to 
39.4 	determine whether any were rejected in error.  These arrangements must be made at least 
39.5 	seven days before the date of the election.  If no arrangements are made, rejected absentee 
39.6 	ballots must not be reviewed outside of an election contest under chapter 209.  If the 
39.7 	certified election administrator determines that any were rejected in error, the canvassing 
39.8 	board must publicly open the return and ballot envelopes and initial and count the ballots 
39.9 	to include the votes in all races in the results canvassed by the board.  The canvassing board 
39.10 	must protect the privacy of the voters' choices to the extent practicable.  If the number of 
39.11 	rejected absentee ballots could not possibly change the outcome in any of the elections or 
39.12 	questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.

39.13 	Sec. 63. Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:
39.14 		Subdivision 1. Resolution requiring primary in certain circumstances. The 
39.15 	school board of a school district may, by resolution adopted by June 1 of any year, decide 
39.16 	to choose nominees for school board by a primary as provided in this section. The 
39.17 	resolution, when adopted, is effective for all ensuing elections of board members in that 
39.18 	school district until it is revoked. If the board decides to choose nominees by primary 
39.19 	and if there are more than two candidates for a specified school board position or more 
39.20 	than twice as many school board candidates as there are at-large school board positions 
39.21 	available, the school district must hold a primary. When a number equal to or less than 
39.22 	twice the number of individuals to be elected to a school board office file for nomination 
39.23 	for the office, the names of the candidates shall be placed on the general election ballot.

39.24 	Sec. 64. [205A.045] SCHOOL DISTRICT TRANSITIONS.
39.25 		Subdivision 1.Odd year to even. (a) The governing body of a school district 
39.26 	may change from an odd-numbered year election to an even-numbered year election by 
39.27 	adopting a resolution that contains an orderly plan for the transition.  The resolution may 
39.28 	include a onetime, one-year extension of the term of each board member.
39.29 	(b) The governing body of the school district must adopt the resolution permitted by 
39.30 	paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for 
39.31 	the election at which the change will take effect.
39.32 		Subd. 2.Even year to odd. (a) The governing body of a school district may change 
39.33 	from an even-numbered year election to an odd-numbered year election by adopting a 
40.1 	resolution that contains an orderly plan for the transition.  The resolution may include a 
40.2 	onetime, one-year extension of the term of each board member.
40.3 	(b) The governing body of the school district must adopt the resolution permitted by 
40.4 	paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for 
40.5 	the election at which the change will take effect.

40.6 	Sec. 65. Minnesota Statutes 2008, section 205A.05, subdivision 2, is amended to read:
40.7 		Subd. 2.Vacancies in school district offices. Special elections shall be held in 
40.8 	school districts in conjunction with school district primary and general elections to fill 
40.9 	vacancies in elective school district offices. When filling multiple at-large vacancies at the 
40.10 	same election, the candidates shall file for the multiple seats of the same office, voters will 
40.11 	be instructed to "Vote for up to..." and the candidates receiving the most votes up to the 
40.12 	number to be elected will be elected to fill the vacancies.

40.13 	Sec. 66. [205A.075] ELECTION RESULTS REPORTING SYSTEM; 
40.14 	CANDIDATE FILING.
40.15 		Subdivision 1.Even-numbered year. For regularly scheduled school district 
40.16 	elections held in an even-numbered year, the school district clerk must provide the offices 
40.17 	and questions to be voted on in the school district and the list of candidates for each office 
40.18 	to the county auditor for entry into the election results reporting system provided by the 
40.19 	secretary of state no later than 46 days prior to the election.
40.20 		Subd. 2.Odd-numbered year. For regularly scheduled school district elections 
40.21 	held in an odd-numbered year, the county auditor and school district clerk may mutually 
40.22 	decide to use the election reporting system for the election. If so, the county auditor must 
40.23 	notify the secretary of state of intent to use the election reporting system at least 90 days 
40.24 	before the election. The county auditor must enter the offices and questions to be voted 
40.25 	on in the school district and the list of candidates for each office into the election results 
40.26 	reporting system no later than 46 days prior to the election.

40.27 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
40.28 	certified that the election reporting system has been tested and shown to properly allow 
40.29 	for the entry of candidate names and for election results to be uploaded, and to be able to 
40.30 	handle the expected volume of use.

40.31 	Sec. 67. [205A.076] ELECTION RESULTS REPORTING SYSTEM; PRECINCT 
40.32 	VOTES.
41.1 	For regularly scheduled school district elections held in an even-numbered year, the 
41.2 	county auditor shall enter the votes in each precinct for the questions and offices voted 
41.3 	on in the school district election into the election results reporting system provided by 
41.4 	the secretary of state.
41.5 	If a county auditor has notified the secretary of state under section 205A.075, 
41.6 	subdivision 2, of intent to use the election results reporting system for a school district 
41.7 	election, the county auditor must enter the votes in each precinct for the offices and 
41.8 	questions voted on in the school district into the election results reporting system.

41.9 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
41.10 	certified that the election reporting system has been tested and shown to properly allow 
41.11 	for the entry of candidate names and for election results to be uploaded, and to be able to 
41.12 	handle the expected volume of use.

41.13 	Sec. 68. Minnesota Statutes 2008, section 205A.10, subdivision 2, is amended to read:
41.14 		Subd. 2. Election, conduct. A school district election must be by secret ballot and 
41.15 	must be held and the returns made in the manner provided for the state general election, as 
41.16 	far as practicable. The vote totals from ~~an absentee~~ a ballot board established pursuant 
41.17 	to section ~~203B.13~~ 203B.121may be tabulated and reported by the school district as a 
41.18 	whole rather than by precinct. For school district elections not held in conjunction with a 
41.19 	statewide election, the school board shall appoint election judges as provided in section 
41.20 	204B.21, subdivision 2. The provisions of sections 204B.19, subdivision 5; 204B.21, 
41.21 	subdivision 2; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party 
41.22 	balance in appointment of judges and to duties to be performed by judges of different 
41.23 	major political parties do not apply to school district elections not held in conjunction 
41.24 	with a statewide election. 

41.25 	EFFECTIVE DATE. This section is not effective until the secretary of state has 
41.26 	certified that the statewide voter registration system has been tested, shown to properly 
41.27 	allow municipal clerks to update absentee voting records, and shown to be able to handle 
41.28 	the expected volume of use.

41.29 	Sec. 69. Minnesota Statutes 2008, section 205A.10, subdivision 3, is amended to read:
41.30 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. ~~Within~~ 
41.31 	~~seven~~Between 11 and 17 days after a school district election held concurrently with a 
41.32 	state general election, and within seven days after a school district election held on any 
41.33 	other date, other than a recount of a special election conducted under section 126C.17, 
42.1 	subdivision 9, or 475.59, the school board shall canvass the returns and declare the 
42.2 	results of the election. After the time for contesting elections has passed, the school 
42.3 	district clerk shall issue a certificate of election to each successful candidate. If there is a 
42.4 	contest, the certificate of election to that office must not be issued until the outcome of the 
42.5 	contest has been determined by the proper court. If there is a tie vote, the school board 
42.6 	shall determine the result by lot. The clerk shall deliver the certificate of election to the 
42.7 	successful candidate by personal service or certified mail. The successful candidate shall 
42.8 	file an acceptance and oath of office in writing with the clerk within 30 days of the date 
42.9 	of mailing or personal service. A person who fails to qualify prior to the time specified 
42.10 	shall be deemed to have refused to serve, but that filing may be made at any time before 
42.11 	action to fill the vacancy has been taken. The school district clerk shall certify the results 
42.12 	of the election to the county auditor, and the clerk shall be the final custodian of the ballots 
42.13 	and the returns of the election.  
42.14 	A school district canvassing board shall perform the duties of the school board 
42.15 	according to the requirements of this subdivision for a recount of a special election 
42.16 	conducted under section 126C.17, subdivision 9, or 475.59.  

42.17 	Sec. 70. Minnesota Statutes 2008, section 205A.10, is amended by adding a 
42.18 	subdivision to read:
42.19 		Subd. 6.Review of rejected absentee ballots. Prior to an election not held 
42.20 	in conjunction with a state election, a clerk may arrange to have a certified election 
42.21 	administrator from a county or another city review all ballots that were marked rejected to 
42.22 	determine whether any were rejected in error.  These arrangements must be made at least 
42.23 	seven days before the date of the election.  If no arrangements are made, rejected absentee 
42.24 	ballots must not be reviewed outside of an election contest under chapter 209.  If the 
42.25 	certified election administrator determines that any were rejected in error, the canvassing 
42.26 	board must publicly open the return and ballot envelopes and initial and count the ballots 
42.27 	to include the votes in all races in the results canvassed by the board.  The canvassing board 
42.28 	must protect the privacy of the voters' choices to the extent practicable.  If the number of 
42.29 	rejected absentee ballots could not possibly change the outcome in any of the elections or 
42.30 	questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.

42.31 	Sec. 71. Minnesota Statutes 2008, section 206.57, subdivision 6, is amended to read:
42.32 		Subd. 6.Required certification. In addition to the requirements in subdivision 
42.33 	1, a voting system must be certified by an independent testing authority ~~approved~~
42.34 	accredited by the ~~secretary of state and conform to current standards for voting equipment~~
43.1 	Election Assistance Commission at the time of submission of the application required by 
43.2 	subdivision 1 to be in conformity with voluntary voting system guidelines issued by 
43.3 	the ~~Federal Election Commission or its successor, the~~ Election Assistance Commission. 
43.4 	The application must be accompanied by the certification report of the voting systems 
43.5 	test laboratory. A certification under this section from an independent testing authority 
43.6 	accredited by the Election Assistance Commission meets the requirement of Minnesota 
43.7 	Rules, part 8220.0350, item L. A vendor must provide a copy of the source code for the 
43.8 	voting system to the secretary of state. A chair of a major political party or the secretary of 
43.9 	state may select, in consultation with the vendor, an independent third-party evaluator to 
43.10 	examine the source code to ensure that it functions as represented by the vendor and that 
43.11 	the code is free from defects. A major political party that elects to have the source code 
43.12 	examined must pay for the examination. Except as provided by this subdivision, a source 
43.13 	code that is trade secret information must be treated as nonpublic information, according 
43.14 	to section 13.37. A third-party evaluator must not disclose the source code to anyone else. 

43.15 	EFFECTIVE DATE. This section is effective the day following final enactment.

43.16 	Sec. 72. Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read:
43.17 		Subd. 2. Selection for review; notice.  At the canvass of the state primary, the 
43.18 	county canvassing board in each county must set the date, time, and place for the 
43.19 	postelection review of the state general election to be held under this section. 
43.20 	At the canvass of the state general election, the county canvassing boards must select 
43.21 	the precincts to be reviewed by lot. Ballots counted centrally by a ballot board shall be 
43.22 	considered one precinct eligible to be selected for purposes of this subdivision. The county 
43.23 	canvassing board of a county with fewer than 50,000 registered voters must conduct a 
43.24 	postelection review of a total of at least two precincts.  The county canvassing board of a 
43.25 	county with between 50,000 and 100,000 registered voters must conduct a review of a total 
43.26 	of at least three precincts.  The county canvassing board of a county with over 100,000 
43.27 	registered voters must conduct a review of a total of at least four precincts, or three percent 
43.28 	of the total number of precincts in the county, whichever is greater.   At least one precinct 
43.29 	selected in each county must have had more than 150 votes cast at the general election. 
43.30 	The county auditor must notify the secretary of state of the precincts that have been 
43.31 	chosen for review and the time and place the postelection review for that county will be 
43.32 	conducted, as soon as the decisions are made. If the selection of precincts has  not resulted 
43.33 	in the selection of at least four precincts in each congressional district, the  secretary of state 
43.34 	may require counties to select by lot additional precincts to meet the  congressional district 
43.35 	requirement. The secretary of state must post this information on the office Web site. 

44.1 	Sec. 73. Minnesota Statutes 2008, section 208.05, is amended to read:
44.2 	208.05 STATE CANVASSING BOARD.
44.3 	The State Canvassing Board at its meeting on the ~~second Tuesday after each state~~ 
44.4 	~~general election~~ date provided in section 204C.33 shall open and canvass the returns 
44.5 	made to the secretary of state for presidential electors and alternates, prepare a statement 
44.6 	of the number of votes cast for the persons receiving votes for these offices, and declare 
44.7 	the person or persons receiving the highest number of votes for each office duly elected. 
44.8 	When it appears that more than the number of persons to be elected as presidential electors 
44.9 	or alternates have the highest and an equal number of votes, the secretary of state, in the 
44.10 	presence of the board shall decide by lot which of the persons shall be declared elected. 
44.11 	The governor shall transmit to each person declared elected a certificate of election, signed 
44.12 	by the governor, sealed with the state seal, and countersigned by the secretary of state.

44.13 	Sec. 74. Minnesota Statutes 2008, section 367.03, subdivision 4, is amended to read:
44.14 		Subd. 4.Officers; November election. Except as provided in subdivision 4a, 
44.15 	supervisors and other town officers in towns that hold the town general election in 
44.16 	November shall be elected for terms of four years commencing on the first Monday in 
44.17 	January and until their successors are elected and qualified. The clerk and treasurer shall 
44.18 	be elected in alternate years.

44.19 	Sec. 75. Minnesota Statutes 2008, section 367.03, is amended by adding a subdivision 
44.20 	to read:
44.21 		Subd. 4a.Optional six-year terms. The resolution required under section 205.075, 
44.22 	subdivision 2, to adopt the alternative November date for town general elections may 
44.23 	include the proposal and corresponding transition plan to provide for a six-year term for 
44.24 	town supervisors. A town that has adopted the alternative November date for general town 
44.25 	elections using the four-year terms provided under subdivision 4 may adopt a resolution 
44.26 	establishing six-year terms for supervisors as provided under this subdivision. The 
44.27 	resolution must include a plan to provide an orderly transition to six-year terms. The 
44.28 	resolution adopting the six-year term for town supervisors may be proposed by the town 
44.29 	board or by a resolution of the electors adopted at the annual town meeting and is effective 
44.30 	upon an affirmative vote of the electors at the next town general election.

44.31 	Sec. 76.  REPEALER.
 44.32 	Minnesota Statutes 2008, sections 203B.04, subdivision 5; 203B.10; 203B.12, 
44.33 	subdivisions 1, 2, 3, 4, 6, and 7; 203B.13, subdivisions 1, 2, 3, and 4; and 203B.25, are 
45.1 	repealed upon certification by the secretary of state that the statewide voter registration 
45.2 	system has been tested, shown to properly allow municipal clerks to update absentee 
45.3 	voting records, and to be able to handle the expected volume of use consistent with the 
45.4 	changes to absentee ballot processing procedures enacted in this act.
45.5 	(b) Minnesota Statutes 2008, sections 201.096; and 206.805, subdivision 2, are 
45.6 	repealed.