1.1 	A bill for an act
1.2 	relating to elections; requiring use of a ballot board to process absentee ballots; 
1.3 	permitting absentee ballots to be counted starting on the fourth day prior to an 
1.4 	election; modifying other absentee ballot processing procedures;amending 
1.5 	Minnesota Statutes 2008, sections 201.061, subdivision 4; 203B.04, subdivision 
1.6 	1; 203B.05, subdivision 1; 203B.07, subdivisions 2, 3; 203B.08, subdivisions 
1.7 	2, 3; 203B.125; 203B.23, subdivisions 1, 2; 203B.24, subdivision 1; 203B.26; 
1.8 	204B.45, subdivision 2; 204C.32, subdivision 1; 204C.33, subdivisions 1, 
1.9 	3; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03, subdivision 4; 
1.10 	205A.10, subdivision 3; 206.89, subdivision 2; 208.05; Minnesota Statutes 2009 
1.11 	Supplement, section 204B.46; proposing coding for new law in Minnesota 
1.12 	Statutes, chapter 203B; repealing Minnesota Statutes 2008, sections 203B.10; 
1.13 	203B.12, subdivisions 1, 2, 3, 4, 6; 203B.13, subdivisions 1, 2, 3, 4; 203B.25.
1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	Section 1. Minnesota Statutes 2008, section 201.061, subdivision 4, is amended to read:
1.16 		Subd. 4. Registration by election judges; procedures. Registration at the polling 
1.17 	place on election day shall be conducted by the election judges. Before registering an 
1.18 	individual to vote at the polling place, the election judge must review any list of absentee 
1.19 	election day registrants provided by the county auditor or municipal clerk to see if the 
1.20 	person has already voted by absentee ballot. If the person's name appears on the list, the 
1.21 	election judge must not allow the individual to register or to vote in the polling place. The 
1.22 	election judge who registers an individual at the polling place on election day shall not 
1.23 	handle that voter's ballots at any time prior to the opening of the ballot box after the voting 
1.24 	ends. Registration applications and forms for oaths shall be available at each polling place. 
1.25 	If an individual who registers on election day proves residence by oath of a registered 
1.26 	voter, the form containing the oath shall be attached to the individual's registration 
1.27 	application. Registration applications completed on election day shall be forwarded to the 
1.28 	county auditor who shall add the name of each voter to the registration system unless the 
2.1 	information forwarded is substantially deficient. A county auditor who finds an election 
2.2 	day registration substantially deficient shall give written notice to the individual whose 
2.3 	registration is found deficient. An election day registration shall not be found deficient 
2.4 	solely because the individual who provided proof of residence was ineligible to do so. 

2.5 	Sec. 2. Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:
2.6 		Subdivision 1. Application procedures. Except as otherwise allowed by 
2.7 	subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots 
2.8 	for any election may be submitted at any time not less than one day before the day of 
2.9 	that election. The county auditor shall prepare absentee ballot application forms in the 
2.10 	format provided by the secretary of state~~, notwithstanding rules on absentee ballot forms,~~
2.11 	and shall furnish them to any person on request. By January 1 of each even-numbered 
2.12 	year, the secretary of state shall make the forms to be used available to auditors through 
2.13 	electronic means. An application submitted pursuant to this subdivision shall be in writing 
2.14 	and shall be submitted to: 
2.15 	~~(a)~~(1) the county auditor of the county where the applicant maintains residence; or 
2.16 	~~(b)~~(2) the municipal clerk of the municipality, or school district if applicable, where 
2.17 	the applicant maintains residence. 
2.18 	An application shall be approved if it is timely received, signed and dated by the 
2.19 	applicant, contains the applicant's name and residence and mailing addresses, ~~and states~~
2.20 	date of birth, and at least one of the following:
2.21 	(1) the applicant's Minnesota driver's license number;
2.22 	(2) Minnesota state identification card number; 
2.23 	(3) the last four digits of the applicant's Social Security number; or
2.24 	(4) a statement that the applicant does not have any of these numbers.
2.25 	To be approved, the application must state that the applicant is eligible to vote 
2.26 	by absentee ballot for one of the reasons specified in section 203B.02~~. The application~~ 
2.27 	~~may contain a request for the voter's date of birth, which~~, and must contain an oath that 
2.28 	the information contained on the form is accurate, that the applicant is applying on the 
2.29 	applicant's own behalf, and that the applicant is signing the form under penalty of perjury. 
2.30 	An applicant's full date of birth, Minnesota driver's license or state identification 
2.31 	number, and the last four digits of the applicant's Social Security number must not be 
2.32 	made available for public inspection. An application may be submitted to the county 
2.33 	auditor or municipal clerk by an electronic facsimile device. An application mailed or 
2.34 	returned in person to the county auditor or municipal clerk on behalf of a voter by a 
2.35 	person other than the voter must be deposited in the mail or returned in person to the 
3.1 	county auditor or municipal clerk within ten days after it has been dated by the voter and 
3.2 	no later than six days before the election. The absentee ballot applications or a list of 
3.3 	persons applying for an absentee ballot may not be made available for public inspection 
3.4 	until the close of voting on election day. 
3.5 	An application under this subdivision may contain an application under subdivision 
3.6 	5 to automatically receive an absentee ballot application. 

3.7 	Sec. 3. Minnesota Statutes 2008, section 203B.05, subdivision 1, is amended to read:
3.8 		Subdivision 1.Generally. The full-time clerk of any city or town shall administer 
3.9 	the provisions of sections 203B.04 to 203B.15 if: 
3.10 	~~(a)~~ (1) the county auditor of that county has designated the clerk to administer 
3.11 	them; or
3.12 	~~(b)~~ (2) the clerk has given the county auditor of that county notice of intention 
3.13 	to administer them.
3.14 	A clerk may only administer the provisions of sections 203B.04 to 203B.15 if the 
3.15 	clerk has technical capacity to access the statewide voter registration system in the secure 
3.16 	manner prescribed by the secretary of state. The secretary of state must identify hardware, 
3.17 	software, security, or other technical prerequisites necessary to ensure the security, 
3.18 	access controls, and performance of the statewide voter registration system. A clerk 
3.19 	must receive training approved by the secretary of state on the use of the statewide voter 
3.20 	registration system before administering this section. A clerk may not use the statewide 
3.21 	voter registration system until the clerk has received the required training.

3.22 	Sec. 4. [203B.065] USING THE REGISTRATION SYSTEM.
3.23 	Upon accepting an application for a state primary or state general election, the 
3.24 	county auditor or municipal clerk shall record in the statewide registration system the 
3.25 	voter's name, date of birth, address of residence in Minnesota, mailing address, Minnesota 
3.26 	driver's license or state identification number, or the last four digits of the voter's Social 
3.27 	Security number, if provided by the voter. Upon acceptance of an absentee ballot 
3.28 	application of a voter who is registered to vote at an address different from the residential 
3.29 	address certified on the absentee ballot application, the voter registration record with the 
3.30 	previous address shall be challenged. Once the absentee ballot has been transmitted to the 
3.31 	voter, the method of transmission and the date of transmission must be recorded.
3.32 	Upon receipt of a returned absentee ballot for a state primary or state general 
3.33 	election, the county auditor or municipal clerk shall record in the statewide voter 
3.34 	registration system that the voter has returned the ballot.
4.1 	Upon receipt of notice that the ballot board has accepted or rejected the absentee 
4.2 	ballot for a state primary or state general election, the county auditor or municipal clerk 
4.3 	shall record in the statewide voter registration system whether the ballot was accepted or 
4.4 	rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to 
4.5 	the voter, the county auditor or municipal clerk shall record this in the statewide voter 
4.6 	registration system.

4.7 	Sec. 5. Minnesota Statutes 2008, section 203B.07, subdivision 2, is amended to read:
4.8 		Subd. 2. Design of envelopes. The return envelope shall be of sufficient size to 
4.9 	conveniently enclose and contain the ballot envelope and a folded voter registration 
4.10 	application. The return envelope shall be designed to open on the left-hand end. ~~If the~~ 
4.11 	~~voter was not previously registered,~~ The return envelope must be designed in one of 
4.12 	the following ways: 
4.13 	(1) it must be of sufficient size to contain an additional envelope that when sealed, 
4.14 	conceals the signature, identification, and other information; or 
4.15 	(2) it must provide an additional flap that when sealed, conceals the signature, 
4.16 	identification, and other information.
4.17 	 Election officials may open the flap or the additional envelope at any time after 
4.18 	receiving the returned ballot to inspect the returned certificate for completeness or to 
4.19 	ascertain other information.

4.20 	Sec. 6. Minnesota Statutes 2008, section 203B.07, subdivision 3, is amended to read:
4.21 		Subd. 3. Eligibility certificate. A certificate of eligibility to vote by absentee ballot 
4.22 	shall be printed on the back of the return envelope. The certificate shall contain space for 
4.23 	the voter's Minnesota driver's license number, state identification number, or the last four 
4.24 	digits of the voter's Social Security number, or to indicate that the voter does not have one 
4.25 	of these numbers. The space must be designed to ensure that the voter provides the same 
4.26 	type of identification as provided on the voter's absentee ballot application for purposes of 
4.27 	comparison. The certificate must also contain a statement to be signed and sworn by the 
4.28 	voter indicating that the voter meets all of the requirements established by law for voting 
4.29 	by absentee ballot~~. the certificate shall also contain~~and space for a statement signed by a 
4.30 	person who is registered to vote in Minnesota or by a notary public or other individual 
4.31 	authorized to administer oaths stating that: 
4.32 	(1) the ballots were displayed to that individual unmarked; 
5.1 	(2) the voter marked the ballots in that individual's presence without showing how 
5.2 	they were marked, or, if the voter was physically unable to mark them, that the voter 
5.3 	directed another individual to mark them; and 
5.4 	(3) if the voter was not previously registered, the voter has provided proof of 
5.5 	residence as required by section 201.061, subdivision 3. 

5.6 	Sec. 7. Minnesota Statutes 2008, section 203B.08, subdivision 2, is amended to read:
5.7 		Subd. 2.Address on return envelopes. The county auditor or municipal clerk shall 
5.8 	address return envelopes to allow direct mailing of the absentee ballots to~~:~~
5.9 	~~(a)~~ the county auditor or municipal clerk who ~~sent the ballots to the voter;~~has the 
5.10 	responsibility to accept and reject the absentee ballots.
5.11 	~~(b) the clerk of the town or city in which the absent voter is eligible to vote; or~~
5.12 	~~(c) the appropriate election judges.~~

5.13 	Sec. 8. Minnesota Statutes 2008, section 203B.08, subdivision 3, is amended to read:
5.14 		Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a 
5.15 	county auditor or municipal clerk, that official shall stamp or initial and date the return 
5.16 	envelope and place it in a secure location with other return envelopes received by that 
5.17 	office. Within five days after receipt, the county auditor or municipal clerk shall deliver 
5.18 	to the ~~appropriate election judges on election day all ballots received before or with the~~ 
5.19 	~~last mail delivery by the United States Postal Service on election day. A town clerk may~~ 
5.20 	~~request the United States Postal Service to deliver absentee ballots to the polling place~~ 
5.21 	~~on election day instead of to the official address of the town clerk~~ ballot board all ballots 
5.22 	received, except that during the 14 days immediately preceding an election, the county 
5.23 	auditor or municipal clerk shall deliver all ballots received to the ballot board within 
5.24 	three days. 

5.25 	Sec. 9. [203B.121] BALLOT BOARDS.
5.26 		Subdivision 1.Establishment; applicable laws. (a) The governing body of each 
5.27 	county, municipality, and school district with responsibility to accept and reject absentee 
5.28 	ballots must, by ordinance or resolution, establish a ballot board. The board must consist 
5.29 	of a sufficient number of election judges trained in the handling of absentee ballots and 
5.30 	appointed as provided in sections 204B.19 to 204B.22. The board may consist of staff 
5.31 	trained as election judges.
5.32 	(b) Each jurisdiction must pay a reasonable compensation to each member of that 
5.33 	jurisdiction's ballot board for services rendered during an election.
6.1 	(c) Except as otherwise provided by this section, all provisions of the Minnesota 
6.2 	Election Law apply to a ballot board.
6.3 		Subd. 2.Duties of ballot board; absentee ballots. (a) The members of the ballot 
6.4 	board shall take possession of all return envelopes delivered to them in accordance with 
6.5 	section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district 
6.6 	clerk, two or more members of the ballot board shall examine each return envelope and 
6.7 	shall mark it accepted or rejected in the manner provided in this subdivision. Election 
6.8 	judges performing the duties in this section must be of different major political parties, 
6.9 	unless they are exempt from that requirement under section 205.075, subdivision 4, or 
6.10 	section 205A.10, subdivision 2.
6.11 	(b) The members of the ballot board shall mark the return envelope "Accepted" and 
6.12 	initial or sign the return envelope below the word "Accepted" if a majority of the members 
6.13 	of the ballot board examining the envelope are satisfied that:
6.14 	(1) the voter's name and address on the return envelope are the same as the 
6.15 	information provided on the absentee ballot application;
6.16 	(2) the voter signed the certification on the envelope;
6.17 	(3) the voter's Minnesota driver's license, state identification number, or the last four 
6.18 	digits of the voter's Social Security number are the same as the number provided on the 
6.19 	voter's application for ballots. If the number does not match the number as submitted on 
6.20 	the application, or if a number was not submitted on the application, the election judges 
6.21 	must compare the signature provided by the applicant to determine whether the ballots 
6.22 	were returned by the same person to whom they were transmitted;
6.23 	(4) the voter is registered and eligible to vote in the precinct or has included a 
6.24 	properly completed voter registration application in the return envelope; and
6.25 	(5) the voter has not already voted at that election, either in person or, if it is after the 
6.26 	close of business on the fourth day before the election, by absentee ballot.
6.27 	The return envelope from accepted ballots must be preserved and returned to the 
6.28 	county auditor.
6.29 	These duties must be performed by ballot board members of two different major 
6.30 	political parties. 
6.31 	(c)(1) If a majority of the members of the ballot board examining a return envelope 
6.32 	find that an absentee voter has failed to meet one of the requirements provided in 
6.33 	paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the 
6.34 	word "Rejected," list the reason for the rejection on the envelope, and return it to the 
6.35 	county auditor. There is no other reason for rejecting an absentee ballot beyond those 
7.1 	permitted by this section. Failure to place the ballot within the security envelope before 
7.2 	placing it in the outer white envelope is not a reason to reject an absentee ballot.
7.3 	(2) If an envelope has been rejected at least five days before the election, the 
7.4 	envelope must remain sealed and the official in charge of the ballot board shall provide the 
7.5 	voter with a replacement absentee ballot and return envelope in place of the rejected ballot.
7.6 	(3) If an envelope is rejected within five days of the election, the envelope must 
7.7 	remain sealed and the official in charge of the ballot board must attempt to contact the 
7.8 	voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected. 
7.9 	The official must document the attempts made to contact the voter.
7.10 	(d) An absentee ballot return envelope marked "Rejected" may not be opened or 
7.11 	subject to further review except in an election contest filed pursuant to chapter 209.
7.12 		Subd. 3.Record of voting. (a) When applicable, the county auditor or municipal 
7.13 	clerk must immediately record that a voter's absentee ballot has been accepted. After the 
7.14 	close of business on the fourth day before the election, a voter whose record indicates that 
7.15 	an absentee ballot has been accepted must not be permitted to cast another ballot at that 
7.16 	election. In a state primary, general, or state special election for federal or state office, the 
7.17 	auditor or clerk must also record this information in the statewide voter registration system.
7.18 	(b) The roster must be marked, and a supplemental report of absentee voters who 
7.19 	submitted a voter registration application with their ballot must be created, no later than 
7.20 	the start of voting on election day to indicate the voters that have already cast a ballot at 
7.21 	the election. The roster may be marked either:
7.22 	(1) by the county auditor or municipal clerk before election day;
7.23 	(2) by the ballot board before election day; or
7.24 	(3) by the election judges at the polling place on election day.
7.25 	The record of a voter whose absentee ballot was received after the close of business 
7.26 	on the fourth day before the election is not required to be marked on the roster or contained 
7.27 	in a supplemental report as required by this paragraph.
7.28 		Subd. 4.Opening of envelopes. After the close of business on the fourth day 
7.29 	before the election, the ballots from return envelopes marked "Accepted" may be opened, 
7.30 	duplicated as needed in the manner provided in section 206.86, subdivision 5, initialed by 
7.31 	the members of the ballot board, and deposited in the appropriate ballot box.  If more than 
7.32 	one ballot is enclosed in the ballot envelope, the ballots must be returned in the manner 
7.33 	provided by section 204C.25 for return of spoiled ballots, and may not be counted.
7.34 		Subd. 5.Storage and counting of absentee ballots. (a) On a day on which absentee 
7.35 	ballots are inserted into a ballot box, two members of the ballot board must:
7.36 	(1) remove the ballots from the ballot box at the end of the day;
8.1 	(2) without inspecting the ballots, ensure that the number of ballots removed from 
8.2 	the ballot box is equal to the number of voters whose absentee ballots were accepted 
8.3 	that day; and
8.4 	(3) seal and secure all voted and unvoted ballots present in that location at the end 
8.5 	of the day.
8.6 	(b) After the polls have closed on election day, two members of the ballot board 
8.7 	must count the ballots, tabulating the vote in a manner that indicates each vote of the voter 
8.8 	and the total votes cast for each candidate or question. In state primary and state general 
8.9 	elections, the results must indicate the total votes cast for each candidate or question in 
8.10 	each precinct and report the vote totals tabulated for each precinct. The count shall be 
8.11 	public. No vote totals from ballots may be made public before the close of voting on 
8.12 	election day.
8.13 	In state primary and state general elections, these vote totals shall be added to the 
8.14 	vote totals on the summary statements of the returns for the appropriate precinct. In other 
8.15 	elections, these vote totals may be added to the vote totals on the summary statement of 
8.16 	returns for the appropriate precinct or may be reported as a separate total.
8.17 	(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been 
8.18 	completed previously, the members of the ballot board must verify within 48 hours after 
8.19 	election day that voters whose absentee ballots arrived after the rosters were marked or 
8.20 	supplemental reports were generated and whose ballots were accepted did not vote in 
8.21 	person on election day. An absentee ballot submitted by a voter who has voted in person 
8.22 	on election day must be rejected. All other accepted absentee ballots must be opened, 
8.23 	duplicated if necessary, and counted by members of the ballot board. The vote totals 
8.24 	from these ballots must be incorporated into the totals with the other absentee ballots 
8.25 	and handled according to paragraph (b).

8.26 	EFFECTIVE DATE. Subdivision 1 is effective the day following final enactment. 
8.27 	The remainder of this section is effective June 25, 2010.

8.28 	Sec. 10. Minnesota Statutes 2008, section 203B.125, is amended to read:
8.29 	203B.125 SECRETARY OF STATE TO MAKE RULES.
8.30 	The secretary of state shall adopt rules establishing methods and procedures for 
8.31 	issuing ballot cards and related absentee forms to be used as provided in section 203B.08, 
8.32 	subdivision 1a, and for the reconciliation of voters and ballot cards before tabulation under 
8.33 	section ~~203B.12~~ 204C.20, subdivision 1.  

9.1 	Sec. 11. Minnesota Statutes 2008, section 203B.23, subdivision 1, is amended to read:
9.2 		Subdivision 1. Establishment. The county auditor must establish an absentee ballot 
9.3 	board for ballots issued under sections 203B.16 to 203B.27. The board may consist of 
9.4 	staff trained ~~and certified~~ as election judges~~, in which case, the board is exempt from~~ 
9.5 	~~sections 204B.19, subdivision 5, and 204C.15, relating to party balance in appointment of~~ 
9.6 	~~judges and to duties to be performed by judges of different major political parties~~. 

9.7 	Sec. 12. Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:
9.8 		Subd. 2. Duties. The absentee ballot board must examine all returned absentee 
9.9 	ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject 
9.10 	the absentee ballots in the manner provided in section 203B.24. If the certificate of voter 
9.11 	eligibility is not printed on the return or administrative envelope, the certificate must 
9.12 	be attached to the ballot secrecy envelope. 
9.13 	The absentee ballot board must immediately examine the return envelopes and mark 
9.14 	them "accepted" or "rejected" during the 30 days before the election. If an envelope has 
9.15 	been rejected at least five days before the election, the ballots in the envelope must be 
9.16 	considered spoiled ballots and the official in charge of the absentee ballot board must 
9.17 	provide the voter with a replacement absentee ballot and return envelope in place of 
9.18 	the spoiled ballot. 
9.19 	If a county has delegated the responsibility for administering absentee balloting to a 
9.20 	municipality under section 203B.05, accepted absentee ballots must be delivered to the 
9.21 	appropriate municipality's absentee ballot board. The absentee ballot board with the 
9.22 	authority to open and count the ballots must do so in accordance with section 203B.121, 
9.23 	subdivisions 4 and 5.

9.24 	Sec. 13. Minnesota Statutes 2008, section 203B.24, subdivision 1, is amended to read:
9.25 		Subdivision 1. Check of voter eligibility; proper execution of certificate. Upon 
9.26 	receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the 
9.27 	election judges shall compare the voter's name with the names recorded under section 
9.28 	203B.19 in the statewide registration system to insure that the ballot is from a voter 
9.29 	eligible to cast an absentee ballot under sections 203B.16 to 203B.27. The election judges 
9.30 	shall mark the return envelope "Accepted" and initial or sign the return envelope below 
9.31 	the word "Accepted" if the election judges are satisfied that: 
9.32 	(1) the voter's name on the return envelope appears in substantially the same form as 
9.33 	on the application records provided to the election judges by the county auditor; 
10.1 	(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of 
10.2 	the Help America Vote Act, Public Law 107-252; 
10.3 	(3) the voter has set forth the same voter's passport number, or Minnesota driver's 
10.4 	license or state identification card number, or the last four digits of the voter's Social 
10.5 	Security number as submitted on the application, if the voter has one of these documents; 
10.6 	~~and~~
10.7 	(4) the voter is not known to have died; and
10.8 	(5) the voter has not already voted at that election, either in person or by absentee 
10.9 	ballot. 
10.10 	If the identification number described in clause (3) does not match the number as 
10.11 	submitted on the application, the election judges must make a reasonable effort to satisfy 
10.12 	themselves through other information provided by the applicant, or by an individual 
10.13 	authorized to apply on behalf of the voter, that the ballots were returned by the same 
10.14 	person to whom the ballots were transmitted. 
10.15 	An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be 
10.16 	rejected for the lack of one of clauses (1) to ~~(4)~~ (5). In particular, failure to place the 
10.17 	ballot within the security envelope before placing it in the outer white envelope is not a 
10.18 	reason to reject an absentee ballot. 
10.19 	Election judges must note the reason for rejection on the back of the envelope in the 
10.20 	space provided for that purpose. 
10.21 	Failure to return unused ballots shall not invalidate a marked ballot, but a ballot 
10.22 	shall not be counted if the certificate on the return envelope is not properly executed. In 
10.23 	all other respects the provisions of the Minnesota Election Law governing deposit and 
10.24 	counting of ballots shall apply. Notwithstanding other provisions of this section, the 
10.25 	counting of the absentee ballot of a deceased voter does not invalidate the election.

10.26 	Sec. 14. Minnesota Statutes 2008, section 203B.26, is amended to read:
10.27 	203B.26 SEPARATE RECORD. 
10.28 	A separate record of the ballots of absent voters cast under sections 203B.16 to 
10.29 	203B.27 must be generated from the statewide registration system for each precinct 
10.30 	and ~~provided to the election judges in the polling place on election day, along with the~~ 
10.31 	~~returned envelopes marked "accepted" by the absentee ballot board. The content of the~~ 
10.32 	~~record must be in a form prescribed by the secretary of state. The election judges in the~~ 
10.33 	~~polling place must note on the record any envelopes that had been marked "accepted" by~~ 
10.34 	~~the absentee ballot board but were not counted. The election judges must preserve the~~ 
11.1 	~~record and return it to the county auditor or municipal clerk with the election day~~retained 
11.2 	with the other election materials. 

11.3 	Sec. 15. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:
11.4 		Subd. 2. Procedure. Notice of the election and the special mail procedure must be 
11.5 	given at least six weeks prior to the election. Not more than 30 days nor later than 14 days 
11.6 	prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters 
11.7 	registered in the town or unorganized territory. No later than 14 days before the election, 
11.8 	the auditor must make a subsequent mailing of ballots to those voters who register to vote 
11.9 	after the initial mailing but before the 20th day before the election. Eligible voters not 
11.10 	registered at the time the ballots are mailed may apply for ballots as provided in chapter 
11.11 	203B. Ballot return envelopes, with return postage provided, must be preaddressed to the 
11.12 	auditor or clerk and the voter may return the ballot by mail or in person to the office of 
11.13 	the auditor or clerk. The auditor or clerk ~~may~~must appoint ~~election judges~~a ballot board 
11.14 	to examine the return envelopes and mark them "accepted" or "rejected" ~~during the 30~~ 
11.15 	~~days before the election.~~ within three days of receipt if there are 14 or fewer days before 
11.16 	election day, or within five days of receipt if there are more than 14 days before election 
11.17 	day. The board may consist of staff trained as election judges. Election judges performing 
11.18 	the duties in this section must be of different major political parties, unless they are exempt 
11.19 	from that requirement under section 205.075, subdivision 4, or section 205A.10.  If an 
11.20 	envelope has been rejected at least five days before the election, the ballots in the envelope 
11.21 	must ~~be considered spoiled ballots~~remain sealed and the auditor or clerk shall provide the 
11.22 	voter with a replacement ballot and return envelope in place of the spoiled ballot. If the 
11.23 	ballot is rejected within five days of the election, the envelope must remain sealed and 
11.24 	the official in charge of the ballot board must attempt to contact the voter by telephone 
11.25 	or e-mail to notify the voter that the voter's ballot has been rejected. The official must 
11.26 	document the attempts made to contact the voter.
11.27 	If the ballot is accepted, the county auditor or municipal clerk must mark the roster to 
11.28 	indicate that the voter has already cast a ballot in that election. After the close of business 
11.29 	on the fourth day before the election, the ballots from return envelopes marked "Accepted" 
11.30 	may be opened, duplicated as needed in the manner provided by section 206.86, 
11.31 	subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
11.32 	In all other respects, the provisions of the Minnesota Election Law governing 
11.33 	deposit and counting of ballots apply.
11.34 	No vote totals from mail or absentee ballots may be made public before the close 
11.35 	of voting on election day.
12.1 	The costs of the mailing shall be paid by the election jurisdiction in which the voter 
12.2 	resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. 

12.3 	Sec. 16. Minnesota Statutes 2009 Supplement, section 204B.46, is amended to read:
12.4 	204B.46 MAIL ELECTIONS; QUESTIONS.
12.5 	A county, municipality, or school district submitting questions to the voters at a 
12.6 	special election may conduct an election by mail with no polling place other than the office 
12.7 	of the auditor or clerk. No offices may be voted on at a mail election. Notice of the election 
12.8 	must be given to the county auditor at least 53 days prior to the election. This notice shall 
12.9 	also fulfill the requirements of Minnesota Rules, part 8210.3000. The special mail ballot 
12.10 	procedures must be posted at least six weeks prior to the election. No earlier than ~~20 or~~
12.11 	30 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by 
12.12 	nonforwardable mail to all voters registered in the county, municipality, or school district. 
12.13 	No later than 14 days before the election, the auditor or clerk must make a subsequent 
12.14 	mailing of ballots to those voters who register to vote after the initial mailing but before 
12.15 	the 20th day before the election. Eligible voters not registered at the time the ballots are 
12.16 	mailed may apply for ballots pursuant to chapter 203B. The auditor or clerk must appoint 
12.17 	a ballot board to examine the return envelopes and mark them "Accepted" or "Rejected" 
12.18 	within three days of receipt if there are 14 or fewer days before election day, or within five 
12.19 	days of receipt if there are more than 14 days before election day. The board may consist 
12.20 	of staff trained as election judges. Election judges performing the duties in this section 
12.21 	must be of different major political parties, unless they are exempt from that requirement 
12.22 	under section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected 
12.23 	at least five days before the election, the ballots in the envelope must remain sealed and 
12.24 	the auditor or clerk must provide the voter with a replacement ballot and return envelope 
12.25 	in place of the spoiled ballot. If the ballot is rejected within five days of the election, the 
12.26 	envelope must remain sealed and the official in charge of the ballot board must attempt to 
12.27 	contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been 
12.28 	rejected. The official must document the attempts made to contact the voter.
12.29 	If the ballot is accepted, the county auditor or municipal clerk must mark the roster to 
12.30 	indicate that the voter has already cast a ballot in that election. After the close of business 
12.31 	on the fourth day before the election, the ballots from return envelopes marked "Accepted" 
12.32 	may be opened, duplicated as needed in the manner provided by section 206.86, 
12.33 	subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.
12.34 	In all other respects, the provisions of the Minnesota Election Law governing 
12.35 	deposit and counting of ballots apply.
13.1 	No vote totals from ballots may be made public before the close of voting on 
13.2 	election day.

13.3 	Sec. 17. Minnesota Statutes 2008, section 204C.32, subdivision 1, is amended to read:
13.4 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
13.5 	county auditor's office on ~~or before~~ the third day following the state primary. After 
13.6 	taking the oath of office, the canvassing board shall publicly canvass the election returns 
13.7 	delivered to the county auditor. The board shall complete the canvass ~~no later than~~ on
13.8 	the third day following the state primary and shall promptly prepare and file with the 
13.9 	county auditor a report that states:
13.10 	(a) the number of individuals voting at the election in the county, and in each 
13.11 	precinct;
13.12 	(b) the number of individuals registering to vote on election day and the number of 
13.13 	individuals registered before election day in each precinct;
13.14 	(c) for each major political party, the names of the candidates running for each 
13.15 	partisan office and the number of votes received by each candidate in the county and in 
13.16 	each precinct;
13.17 	(d) the names of the candidates of each major political party who are nominated; and
13.18 	(e) the number of votes received by each of the candidates for nonpartisan office in 
13.19 	each precinct in the county and the names of the candidates nominated for nonpartisan 
13.20 	office.
13.21 	Upon completion of the canvass, the county auditor shall mail or deliver a notice of 
13.22 	nomination to each nominee for county office voted for only in that county. The county 
13.23 	auditor shall transmit one of the certified copies of the county canvassing board report 
13.24 	for state and federal offices to the secretary of state by express mail or similar service 
13.25 	immediately upon conclusion of the county canvass. The secretary of state shall mail a 
13.26 	notice of nomination to each nominee for state or federal office.

13.27 	Sec. 18. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
13.28 		Subdivision 1.County canvass. The county canvassing board shall meet at the 
13.29 	county auditor's office ~~on or before the seventh day~~ between the third and tenth days
13.30 	following the state general election. After taking the oath of office, the board shall 
13.31 	promptly and publicly canvass the general election returns delivered to the county auditor. 
13.32 	Upon completion of the canvass, the board shall promptly prepare and file with the county 
13.33 	auditor a report which states:
13.34 	(a) the number of individuals voting at the election in the county and in each precinct;
14.1 	(b) the number of individuals registering to vote on election day and the number of 
14.2 	individuals registered before election day in each precinct;
14.3 	(c) the names of the candidates for each office and the number of votes received 
14.4 	by each candidate in the county and in each precinct, including write-in candidates for 
14.5 	state and federal office who have requested under section 204B.09 that votes for those 
14.6 	candidates be tallied; 
14.7 	(d) the number of votes counted for and against a proposed change of county lines 
14.8 	or county seat; and
14.9 	(e) the number of votes counted for and against a constitutional amendment or other 
14.10 	question in the county and in each precinct.
14.11 	The result of write-in votes cast on the general election ballots must be compiled by 
14.12 	the county auditor before the county canvass, except that write-in votes for a candidate 
14.13 	for state or federal office must not be counted unless the candidate has timely filed a 
14.14 	request under section 204B.09, subdivision 3. The county auditor shall arrange for each 
14.15 	municipality to provide an adequate number of election judges to perform this duty or 
14.16 	the county auditor may appoint additional election judges for this purpose. The county 
14.17 	auditor may open the envelopes or containers in which the voted ballots have been 
14.18 	sealed in order to count and record the write-in votes and must reseal the voted ballots 
14.19 	at the conclusion of this process. 
14.20 	Upon completion of the canvass, the county canvassing board shall declare the 
14.21 	candidate duly elected who received the highest number of votes for each county and state 
14.22 	office voted for only within the county. The county auditor shall transmit one of the 
14.23 	certified copies of the county canvassing board report for state and federal offices to the 
14.24 	secretary of state by express mail or similar service immediately upon conclusion of 
14.25 	the county canvass.

14.26 	Sec. 19. Minnesota Statutes 2008, section 204C.33, subdivision 3, is amended to read:
14.27 		Subd. 3.State canvass. The State Canvassing Board shall meet at the secretary of 
14.28 	state's office on the ~~second~~third Tuesday following the state general election to canvass 
14.29 	the certified copies of the county canvassing board reports received from the county 
14.30 	auditors and shall prepare a report that states:
14.31 	(a) the number of individuals voting in the state and in each county;
14.32 	(b) the number of votes received by each of the candidates, specifying the counties 
14.33 	in which they were cast; and
14.34 	(c) the number of votes counted for and against each constitutional amendment, 
14.35 	specifying the counties in which they were cast.
15.1 	All members of the State Canvassing Board shall sign the report and certify its 
15.2 	correctness. The State Canvassing Board shall declare the result within three days after 
15.3 	completing the canvass.

15.4 	Sec. 20. Minnesota Statutes 2008, section 205.065, subdivision 5, is amended to read:
15.5 		Subd. 5.Results. The municipal primary shall be conducted and the returns made 
15.6 	in the manner provided for the state primary so far as practicable. ~~Within two days~~ On 
15.7 	the third day after the primary, the governing body of the municipality shall canvass the 
15.8 	returns, and the two candidates for each office who receive the highest number of votes, 
15.9 	or a number of candidates equal to twice the number of individuals to be elected to the 
15.10 	office, who receive the highest number of votes, shall be the nominees for the office 
15.11 	named. Their names shall be certified to the municipal clerk who shall place them on 
15.12 	the municipal general election ballot without partisan designation and without payment 
15.13 	of an additional fee.

15.14 	Sec. 21. Minnesota Statutes 2008, section 205.185, subdivision 3, is amended to read:
15.15 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. (a) 
15.16 	~~Within seven days~~ Between the third and tenth days after an election, the governing body 
15.17 	of a city conducting any election including a special municipal election, or the governing 
15.18 	body of a town conducting the general election in November shall act as the canvassing 
15.19 	board, canvass the returns, and declare the results of the election. The governing body of a 
15.20 	town conducting the general election in March shall act as the canvassing board, canvass 
15.21 	the returns, and declare the results of the election within two days after an election.
15.22 	(b) After the time for contesting elections has passed, the municipal clerk shall issue a 
15.23 	certificate of election to each successful candidate. In case of a contest, the certificate shall 
15.24 	not be issued until the outcome of the contest has been determined by the proper court.
15.25 	(c) In case of a tie vote, the canvassing board having jurisdiction over the 
15.26 	municipality shall determine the result by lot. The clerk of the canvassing board shall 
15.27 	certify the results of the election to the county auditor, and the clerk shall be the final 
15.28 	custodian of the ballots and the returns of the election.

15.29 	Sec. 22. Minnesota Statutes 2008, section 205A.03, subdivision 4, is amended to read:
15.30 		Subd. 4.Results. The school district primary must be conducted and the returns 
15.31 	made in the manner provided for the state primary as far as practicable. ~~Within two days~~
15.32 	On the third day  after the primary, the school board of the school district shall canvass 
15.33 	the returns, and the two candidates for each specified school board position who receive 
16.1 	the highest number of votes, or a number of candidates equal to twice the number of 
16.2 	individuals to be elected to at-large school board positions who receive the highest number 
16.3 	of votes, are the nominees for the office named. Their names must be certified to the 
16.4 	school district clerk who shall place them on the school district general election ballot 
16.5 	without partisan designation and without payment of an additional fee.

16.6 	Sec. 23. Minnesota Statutes 2008, section 205A.10, subdivision 3, is amended to read:
16.7 		Subd. 3.Canvass of returns, certificate of election, ballots, disposition. ~~Within~~ 
16.8 	~~seven days~~ Between the third and tenth days after a school district election other than a 
16.9 	recount of a special election conducted under section 126C.17, subdivision 9, or 475.59, 
16.10 	the school board shall canvass the returns and declare the results of the election. After the 
16.11 	time for contesting elections has passed, the school district clerk shall issue a certificate of 
16.12 	election to each successful candidate. If there is a contest, the certificate of election to 
16.13 	that office must not be issued until the outcome of the contest has been determined by the 
16.14 	proper court. If there is a tie vote, the school board shall determine the result by lot. The 
16.15 	clerk shall deliver the certificate of election to the successful candidate by personal service 
16.16 	or certified mail. The successful candidate shall file an acceptance and oath of office in 
16.17 	writing with the clerk within 30 days of the date of mailing or personal service. A person 
16.18 	who fails to qualify prior to the time specified shall be deemed to have refused to serve, 
16.19 	but that filing may be made at any time before action to fill the vacancy has been taken. 
16.20 	The school district clerk shall certify the results of the election to the county auditor, and 
16.21 	the clerk shall be the final custodian of the ballots and the returns of the election.  
16.22 	A school district canvassing board shall perform the duties of the school board 
16.23 	according to the requirements of this subdivision for a recount of a special election 
16.24 	conducted under section 126C.17, subdivision 9, or 475.59.  

16.25 	Sec. 24. Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read:
16.26 		Subd. 2. Selection for review; notice.  At the canvass of the state primary, the 
16.27 	county canvassing board in each county must set the date, time, and place for the 
16.28 	postelection review of the state general election to be held under this section. 
16.29 	At the canvass of the state general election, the county canvassing boards must select 
16.30 	the precincts to be reviewed by lot. Ballots counted centrally by a ballot board shall be 
16.31 	considered one precinct eligible to be selected for purposes of this subdivision. The county 
16.32 	canvassing board of a county with fewer than 50,000 registered voters must conduct a 
16.33 	postelection review of a total of at least two precincts.  The county canvassing board of a 
16.34 	county with between 50,000 and 100,000 registered voters must conduct a review of a total 
17.1 	of at least three precincts.  The county canvassing board of a county with over 100,000 
17.2 	registered voters must conduct a review of a total of at least four precincts, or three percent 
17.3 	of the total number of precincts in the county, whichever is greater.   At least one precinct 
17.4 	selected in each county must have had more than 150 votes cast at the general election. 
17.5 	The county auditor must notify the secretary of state of the precincts that have been 
17.6 	chosen for review and the time and place the postelection review for that county will be 
17.7 	conducted, as soon as the decisions are made. If the selection of precincts has  not resulted 
17.8 	in the selection of at least four precincts in each congressional district, the  secretary of state 
17.9 	may require counties to select by lot additional precincts to meet the  congressional district 
17.10 	requirement. The secretary of state must post this information on the office Web site. 

17.11 	Sec. 25. Minnesota Statutes 2008, section 208.05, is amended to read:
17.12 	208.05 STATE CANVASSING BOARD.
17.13 	The State Canvassing Board at its meeting on the ~~second Tuesday after each state~~ 
17.14 	~~general election~~ date provided in section 204C.33 shall open and canvass the returns 
17.15 	made to the secretary of state for presidential electors and alternates, prepare a statement 
17.16 	of the number of votes cast for the persons receiving votes for these offices, and declare 
17.17 	the person or persons receiving the highest number of votes for each office duly elected. 
17.18 	When it appears that more than the number of persons to be elected as presidential electors 
17.19 	or alternates have the highest and an equal number of votes, the secretary of state, in the 
17.20 	presence of the board shall decide by lot which of the persons shall be declared elected. 
17.21 	The governor shall transmit to each person declared elected a certificate of election, signed 
17.22 	by the governor, sealed with the state seal, and countersigned by the secretary of state.

17.23 	Sec. 26.  REPEALER.
 17.24 	Minnesota Statutes 2008, sections 203B.10; 203B.12, subdivisions 1, 2, 3, 4, and 6; 
17.25 	203B.13, subdivisions 1, 2, 3, and 4; and 203B.25, are repealed.

17.26 	Sec. 27. EFFECTIVE DATE.
 17.27 	Sections 1 to 8 and 10 to 26 are effective June 25, 2010.