1.1                          A bill for an act 
  1.2             relating to elections; modifying the margin for 
  1.3             certain statutory recounts; providing for recounts in 
  1.4             presidential and congressional elections; increasing 
  1.5             the number of ballots required in each precinct; 
  1.6             providing an instant runoff for presidential, 
  1.7             congressional, statewide, and legislative offices; 
  1.8             amending Minnesota Statutes 2000, sections 204B.27, by 
  1.9             adding a subdivision; 204B.29, subdivision 1; 204C.35; 
  1.10            and 204C.36, subdivision 1; proposing coding for new 
  1.11            law in Minnesota Statutes, chapter 204B. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2000, section 204B.27, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 11.  [CERTIFICATION OF NUMBER OF BALLOTS.] The 
  1.16  secretary of state must determine that the county auditor has 
  1.17  supplied each precinct with the number of ballots required under 
  1.18  section 204B.29, subdivision 1.  Not later than 9:00 a.m. on the 
  1.19  day preceding the election, the county auditor, municipal clerk, 
  1.20  or school district clerk who provides the ballots to the 
  1.21  election judges must notify the secretary of state of the number 
  1.22  of ballots being provided to each precinct in order to allow the 
  1.23  secretary to make the determination required by this subdivision.
  1.24     Sec. 2.  Minnesota Statutes 2000, section 204B.29, 
  1.25  subdivision 1, is amended to read: 
  1.26     Subdivision 1.  [SECURING ELECTION MATERIALS.] Before 9:00 
  1.27  p.m. on the day preceding an election, at least one election 
  1.28  judge from each precinct in each municipality, or school 
  2.1   district if applicable, shall secure voter registration files, 
  2.2   ballots, forms, envelopes and other required supplies from the 
  2.3   municipal clerk, school district clerk, or other legal 
  2.4   custodian.  The election judge shall deliver the materials to 
  2.5   the polling place before the time when voting is scheduled to 
  2.6   begin on election day.  The county auditor shall send or deliver 
  2.7   the election supplies enumerated in this section to the election 
  2.8   judges in the precincts in unorganized territory.  The election 
  2.9   supplies may be sent by certified mail, parcel post, express 
  2.10  mail or any other postal service providing assured delivery by 
  2.11  no later than the day before the election.  If the election 
  2.12  supplies are delivered by any other means, they shall be 
  2.13  delivered by no later than the day before the election. 
  2.14     Each precinct shall be furnished with 100 ballots of each 
  2.15  kind for every 85 50 individuals who voted in that precinct at 
  2.16  the last election for the same office or on similar questions, 
  2.17  or with ballots of each kind in an amount at least ten 100 
  2.18  percent greater than the number of votes which are reasonably 
  2.19  expected to be cast in that precinct in that election, taking 
  2.20  into account any new housing development, census data, or other 
  2.21  evidence of population growth, whichever supply of ballots is 
  2.22  greater.  No precinct shall be furnished with any ballots 
  2.23  containing the name of any candidate who cannot properly be 
  2.24  voted for in that precinct.  
  2.25     The election judges shall be responsible for the 
  2.26  preservation of all election materials received by them until 
  2.27  returned to the appropriate election officials after the voting 
  2.28  has ended.  
  2.29     Sec. 3.  [204B.351] [INSTANT RUNOFF.] 
  2.30     Ballots containing the office of president, senator and 
  2.31  representative in congress, constitutional offices, and 
  2.32  legislative offices must be designed to allow the voter to 
  2.33  indicate a first and second choice for each office.  If no 
  2.34  candidate receives a majority of the first choice votes cast for 
  2.35  an office, the second choice votes for the office must be 
  2.36  reallocated in the manner provided in this section. 
  3.1      After the first choice votes for an office have been 
  3.2   counted, the second choice votes cast on the ballots where the 
  3.3   first choice candidate received the lowest number of votes, must 
  3.4   be reallocated as indicated on the ballot.  If more than three 
  3.5   candidates appeared on the ballot for the office, second choice 
  3.6   votes shall be reallocated as indicated by the voters whose 
  3.7   first choice candidate received the second lowest number of 
  3.8   votes for the office.  Reallocation must continue in this manner 
  3.9   until (1) one candidate has received a majority of the votes 
  3.10  cast for the office, or (2) all votes for the office have been 
  3.11  reallocated.  If no candidate receives a majority of the vote 
  3.12  cast for the office after all second choice votes have been 
  3.13  reallocated, the candidate who received the highest number of 
  3.14  votes must be declared duly elected by the canvassing board.  
  3.15     Sec. 4.  Minnesota Statutes 2000, section 204C.35, is 
  3.16  amended to read: 
  3.17     204C.35 [LEGISLATIVE AND JUDICIAL RACES.] 
  3.18     Subdivision 1.  [AUTOMATIC RECOUNTS.] In a state primary 
  3.19  when the difference between the votes cast for the candidates 
  3.20  for nomination to a congressional, statewide, or legislative 
  3.21  office or to a district judicial office is 100 one-half percent 
  3.22  or less, the difference is less than ten percent of the total 
  3.23  number of votes counted for that nomination and the difference 
  3.24  determines the nomination, the canvassing board with 
  3.25  responsibility for declaring the results for that office shall 
  3.26  recount the vote.  In a state general election when the 
  3.27  difference between the votes of a candidate who would otherwise 
  3.28  be declared elected to the two candidates who received the 
  3.29  highest number of votes for the office of president or for a 
  3.30  congressional, statewide, legislative, or district judge office 
  3.31  or to a district judicial office and the votes of any other 
  3.32  candidate for that office is 100 or less or one-half percent, 
  3.33  whichever is greater, the canvassing board shall recount the 
  3.34  votes.  A recount shall not delay any other part of the 
  3.35  canvass.  The results of the recount shall be certified by the 
  3.36  canvassing board as soon as possible.  Time for notice of a 
  4.1   contest for an office which is recounted pursuant to this 
  4.2   section shall begin to run upon certification of the results of 
  4.3   the recount by the canvassing board.  A losing candidate may 
  4.4   waive a recount required pursuant to this section by filing a 
  4.5   written notice of waiver with the canvassing board. 
  4.6      Subd. 2.  [OPTIONAL RECOUNT.] A losing candidate for 
  4.7   nomination or election to a legislative office or to a district 
  4.8   court judicial an office named in subdivision 1 may request a 
  4.9   recount in a manner provided in this section at the candidate's 
  4.10  own expense when the vote difference is greater than the 
  4.11  difference required by this section subdivision 1.  The votes 
  4.12  shall be recounted as provided in this section if the candidate 
  4.13  files a request during the time for filing notice of contest of 
  4.14  the primary or election for which a recount is sought.  The 
  4.15  requesting candidate shall file with the filing officer a bond, 
  4.16  cash, or surety in an amount set by the filing officer for the 
  4.17  payment of the recount expenses.  The requesting candidate is 
  4.18  responsible for the following expenses:  the compensation of the 
  4.19  secretary of state, or designees, and any election judge, 
  4.20  municipal clerk, county auditor, administrator, or other 
  4.21  personnel who participate in the recount; the costs of computer 
  4.22  operation, preparation of ballot counting equipment, necessary 
  4.23  supplies and travel related to the recount; the compensation of 
  4.24  the appropriate canvassing board and costs of preparing for the 
  4.25  canvass of recount results; and any attorney fees incurred in 
  4.26  connection with the recount by the governing body responsible 
  4.27  for the recount. 
  4.28     Sec. 5.  Minnesota Statutes 2000, section 204C.36, 
  4.29  subdivision 1, is amended to read: 
  4.30     Subdivision 1.  [REQUIRED RECOUNTS.] A losing candidate for 
  4.31  nomination or election to a county, municipal, or school 
  4.32  district office may request a recount of the votes cast for the 
  4.33  nomination or election to that office if the difference between 
  4.34  the vote cast for that candidate and for a winning candidate for 
  4.35  nomination or election is:  
  4.36     (a) Five votes or less when the total vote cast for 
  5.1   nomination or election to that office is 100 votes or less; 
  5.2      (b) Ten votes or less when the total vote cast for 
  5.3   nomination or election to that office is more than 100 but not 
  5.4   more than 500 votes; 
  5.5      (c) Twenty votes or less when the total vote cast for 
  5.6   nomination or election to that office is more than 500 but not 
  5.7   more than 2,000 votes; 
  5.8      (d) One percent of the votes or less when the total vote 
  5.9   cast for nomination or election to that office is more than 
  5.10  2,000 but less than 10,000 votes; or 
  5.11     (e) The greater of one hundred 100 votes or less one-half 
  5.12  percent when the total vote cast for nomination or election to 
  5.13  that office is 10,000 votes or more.  
  5.14     Candidates for county offices shall file a written request 
  5.15  for the recount with the county auditor.  Candidates for 
  5.16  municipal or school district offices shall file a written 
  5.17  request with the municipal or school district clerk as 
  5.18  appropriate.  All requests shall be filed during the time for 
  5.19  notice of contest of the primary or election for which a recount 
  5.20  is sought.  
  5.21     Upon receipt of a request made pursuant to this section, 
  5.22  the county auditor shall recount the votes for a county office 
  5.23  at the expense of the county, the governing body of the 
  5.24  municipality shall recount the votes for a municipal office at 
  5.25  the expense of the municipality, and the school board of the 
  5.26  school district shall recount the votes for a school district 
  5.27  office at the expense of the school district.