1.1 	A bill for an act
1.2 	relating to elections; setting standards for and
1.3 	providing for the acquisition of electronic voting
1.4 	systems; appropriating money from the Help America
1.5 	Vote Act account; amending Minnesota Statutes 2004,
1.6 	sections 201.022, by adding a subdivision; 206.56,
1.7 	subdivisions 2, 3, 7, 8, 9, by adding subdivisions;
1.8 	206.57, subdivisions 1, 5; 206.61, subdivisions 4, 5;
1.9 	206.80; 206.81; 206.82, subdivision 1; 206.83; 206.84,
1.10 	subdivisions 1, 3, 6; 206.90, subdivisions 1, 5, 6, 8,
1.11 	9; proposing coding for new law in Minnesota Statutes,
1.12 	chapter 206.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	Section 1. Minnesota Statutes 2004, section 201.022, is
1.15 	amended by adding a subdivision to read:
1.16 		Subd. 3.Consultation with local officials. The
1.17 	secretary of state must consult with representatives of local
1.18 	election officials in the development of the statewide voter
1.19 	registration system.

1.20 	Sec. 2. Minnesota Statutes 2004, section 206.56, is
1.21 	amended by adding a subdivision to read:
1.22 		Subd. 1a.Assistive voting technology. "Assistive voting
1.23 	technology" means touch-activated screen, buttons, keypad,
1.24 	sip-and-puff input device, keyboard, earphones, or any other
1.25 	device used with an electronic ballot marker that assists voters
1.26 	to use an audio or electronic ballot display in order to cast
1.27 	votes.

1.28 	Sec. 3. Minnesota Statutes 2004, section 206.56, is
1.29 	amended by adding a subdivision to read:
2.1 		Subd. 1b.Audio ballot reader. "Audio ballot reader"
2.2 	means an audio representation of a ballot that can be used with
2.3 	other assistive voting technology to permit a voter to mark
2.4 	votes on a nonelectronic ballot or to transmit a ballot
2.5 	electronically to automatic tabulating equipment.

2.6 	Sec. 4. Minnesota Statutes 2004, section 206.56,
2.7 	subdivision 2, is amended to read:
2.8 		Subd. 2.Automatic tabulating equipment.  "Automatic
2.9 	tabulating equipment" includes apparatus machines, resident
2.10 	firmware, and programmable memory units necessary to
2.11 	automatically examine and count votes designated on a 
2.12 	ballot cards, and data processing machines which can be used for
2.13 	counting ballots and tabulating results.

2.14 	Sec. 5. Minnesota Statutes 2004, section 206.56,
2.15 	subdivision 3, is amended to read:
2.16 		Subd. 3.Ballot.  "Ballot" includes ballot cards and 
2.17 	paper ballots; ballot cards; the paper ballot marked by an
2.18 	electronic marking device; and an electronic record of each vote
2.19 	choice made by a voter at an election and transmitted
2.20 	electronically to automatic tabulating equipment.

2.21 	Sec. 6. Minnesota Statutes 2004, section 206.56,
2.22 	subdivision 7, is amended to read:
2.23 		Subd. 7.Counting center.  "Counting center" means a
2.24 	place selected by the governing body of a municipality where an 
2.25 	a central count electronic voting system is used for the
2.26 	automatic processing and counting of ballots.

2.27 	Sec. 7. Minnesota Statutes 2004, section 206.56, is
2.28 	amended by adding a subdivision to read:
2.29 		Subd. 7a.Electronic ballot display. "Electronic ballot
2.30 	display" means a graphic representation of a ballot on a
2.31 	computer monitor or screen on which a voter may make vote
2.32 	choices for candidates and questions for the purpose of marking
2.33 	a nonelectronic ballot or transmitting an electronic ballot.

2.34 	Sec. 8. Minnesota Statutes 2004, section 206.56, is
2.35 	amended by adding a subdivision to read:
2.36 		Subd. 7b.Electronic ballot marker. "Electronic ballot
3.1 	marker" means equipment that is part of an electronic voting
3.2 	system that uses an electronic ballot display or audio ballot
3.3 	reader to:
3.4 	(1) mark a nonelectronic ballot with votes selected by a
3.5 	voter; or 
3.6 	(2) transmit a ballot electronically to automatic
3.7 	tabulating equipment.

3.8 	Sec. 9. Minnesota Statutes 2004, section 206.56,
3.9 	subdivision 8, is amended to read:
3.10 		Subd. 8.Electronic voting system.  "Electronic voting
3.11 	system" means a system in which the voter records votes by means
3.12 	of marking or transmitting a ballot, which is designed so that
3.13 	votes may be counted by automatic tabulating equipment in the
3.14 	precinct or polling place where the ballot is cast or at a
3.15 	counting center.
3.16 	An electronic voting system includes automatic tabulating
3.17 	equipment; nonelectronic ballot markers; electronic ballot
3.18 	markers, including electronic ballot display, audio ballot
3.19 	reader, and devices by which the voter will register the voter's
3.20 	voting intent; software used to program automatic tabulators and
3.21 	layout ballots; computer programs used to accumulate precinct
3.22 	results; ballots; secrecy folders; system documentation; and
3.23 	system testing results.

3.24 	Sec. 10. Minnesota Statutes 2004, section 206.56,
3.25 	subdivision 9, is amended to read:
3.26 		Subd. 9.manual marking device.  " Manual marking device"
3.27 	means any approved device for directly marking a ballot by hand 
3.28 	with ink, pencil,or other substance which will enable the
3.29 	ballot to be tabulated by means of automatic tabulating
3.30 	equipment.

3.31 	Sec. 11. Minnesota Statutes 2004, section 206.57,
3.32 	subdivision 1, is amended to read:
3.33 		Subdivision 1.Examination and report by secretary of
3.34 	state; approval.  A vendor of an electronic voting system may
3.35 	apply to the secretary of state to examine the system and to
3.36 	report as to its compliance with the requirements of law and as
4.1 	to its accuracy, durability, efficiency, and capacity to
4.2 	register the will of voters.  The secretary of state or a
4.3 	designee shall examine the system submitted and file a report on
4.4 	it in the Office of the Secretary of State.  Examination is not
4.5 	required of every individual machine or counting device, but
4.6 	only of each type of electronic voting system before its
4.7 	adoption, use, or purchase and before its continued use after
4.8 	significant changes have been made in an approved system.  The
4.9 	examination must include the ballot programming,; electronic
4.10 	ballot marking, including all assistive technologies intended to
4.11 	be used with the system;vote counting,;and vote accumulation
4.12 	functions of each voting system.
4.13 	If the report of the secretary of state or the secretary's
4.14 	designee concludes that the kind of system examined complies
4.15 	with the requirements of sections 206.55 to 206.90 and can be
4.16 	used safely, the system shall be deemed approved by the
4.17 	secretary of state, and may be adopted and purchased for use at
4.18 	elections in this state.  A voting system not approved by the
4.19 	secretary of state may not be used at an election in this
4.20 	state.  The secretary of state may adopt permanent rules
4.21 	consistent with sections 206.55 to 206.90 relating to the
4.22 	examination and use of electronic voting systems.

4.23 	Sec. 12. Minnesota Statutes 2004, section 206.57,
4.24 	subdivision 5, is amended to read:
4.25 		Subd. 5.Voting system for disabled voters. In federal
4.26 	and state elections held after December 31, 2005, and in county,
4.27 	municipal, and school district elections held after December 31,
4.28 	2006,the voting method used in each polling place must include
4.29 	a voting system that is accessible for individuals with
4.30 	disabilities, including nonvisual accessibility for the blind
4.31 	and visually impaired in a manner that provides the same
4.32 	opportunity for access and participation, including privacy and
4.33 	independence, as for other voters.

4.34 	Sec. 13. Minnesota Statutes 2004, section 206.61,
4.35 	subdivision 4, is amended to read:
4.36 		Subd. 4.Order of candidates.  On the "State Partisan
5.1 	Primary Ballot" prepared for primary elections, and on the white
5.2 	ballot prepared for the general election, the order of the names
5.3 	of nominees or names of candidates for election shall be the
5.4 	same as required for paper ballots.  More than one column or row
5.5 	may be used for the same office or party. Electronic ballot
5.6 	display and audio ballot readers must conform to the candidate
5.7 	order on the optical scan ballot used in the precinct.

5.8 	Sec. 14. Minnesota Statutes 2004, section 206.61,
5.9 	subdivision 5, is amended to read:
5.10 		Subd. 5.Alternation.  The provisions of the election
5.11 	laws requiring the alternation of names of candidates must be
5.12 	observed as far as practicable by changing the order of the
5.13 	names on an electronic voting system in the various precincts so
5.14 	that each name appears on the machines or marking devices used
5.15 	in a municipality substantially an equal number of times in the
5.16 	first, last, and in each intermediate place in the list or group
5.17 	in which they belong.  However, the arrangement of candidates'
5.18 	names must be the same on all voting systems used in the same
5.19 	precinct.  If the number of names to be alternated exceeds the
5.20 	number of precincts, the election official responsible for
5.21 	providing the ballots, in accordance with subdivision 1, shall
5.22 	determine by lot the alternation of names.
5.23 	If an electronic ballot marker is used with a paper ballot
5.24 	that is not an optical scan ballot card, the manner of
5.25 	alternation of candidate names on the paper ballot must be as
5.26 	prescribed for optical scan ballots in this subdivision.  If a
5.27 	machine is used to transmit a ballot electronically to automatic
5.28 	tabulating equipment, the manner of alternation of candidate
5.29 	names on the transmitting machine must be as prescribed for
5.30 	optical scan ballots in this subdivision.

5.31 	Sec. 15. Minnesota Statutes 2004, section 206.80, is
5.32 	amended to read:
5.33 	206.80 ELECTRONIC VOTING SYSTEMS.
5.34 	(a) An electronic voting system may not be employed unless
5.35 	it:
5.36 	(1) permits every voter to vote in secret;
6.1 	(2) permits every voter to vote for all candidates and
6.2 	questions for whom or upon which the voter is legally entitled
6.3 	to vote;
6.4 	(3) provides for write-in voting when authorized;
6.5 	(4) automatically rejects by means of the automatic
6.6 	tabulating equipment, except as provided in section 206.84 with
6.7 	respect to write-in votes, all votes for an office or question
6.8 	when the number of votes cast on it exceeds the number which the
6.9 	voter is entitled to cast;
6.10 	(5) permits a voter at a primary election to select
6.11 	secretly the party for which the voter wishes to vote; and 
6.12 	(6) automatically rejects, by means of the automatic
6.13 	tabulating equipment,all votes cast in a primary election by a
6.14 	voter when the voter votes for candidates of more than one
6.15 	party; and 
6.16 	(7) provides every voter an opportunity to verify votes
6.17 	electronically and to change votes or correct any error before
6.18 	the voter's ballot is cast and counted, produces a permanent
6.19 	paper record of the ballot cast by the voter, and preserves the
6.20 	paper record as an official record available for use in any
6.21 	recount.
6.22 	(b) An electronic voting system purchased on or after the
6.23 	effective date of this section may not be employed unless it:
6.24 	(1) accepts and tabulates, in the precinct or at a counting
6.25 	center, a marked optical scan ballot;
6.26 	(2) creates a marked optical scan ballot that can be
6.27 	tabulated in the precinct or at a counting center by automatic
6.28 	tabulating equipment certified for use in this state; or 
6.29 	(3) securely transmits a ballot electronically to automatic
6.30 	tabulating equipment in the precinct or at a counting center
6.31 	while creating an individual, discrete, permanent paper record
6.32 	of all the votes on the ballot.

6.33 	Sec. 16. [206.805] STATE VOTING SYSTEMS CONTRACTS.
6.34 		Subdivision 1.Contracts required. (a) The secretary of
6.35 	state, in cooperation with the commissioner of administration,
6.36 	shall establish one or more state voting systems contracts.  The
7.1 	contracts should, if practical, include provisions for
7.2 	maintenance of the equipment purchased.  The contracts must give
7.3 	the state a perpetual license to use and modify the software.
7.4 	The contracts must include provisions to escrow the software
7.5 	source code, as provided in subdivision 2.  The contracts must
7.6 	provide that, if cumulative voting or ranked order voting is
7.7 	authorized by law for use in a jurisdiction in this state, the
7.8 	vendor will then provide any purchaser of equipment purchased
7.9 	under the contract and used in that jurisdiction with the
7.10 	necessary firmware to support the authorized methods of voting.
7.11 	Bids for voting systems and related election services must be
7.12 	solicited from each vendor selling or leasing voting systems
7.13 	that have been certified for use by the secretary of state.  The
7.14 	contracts must be renewed no later than July 1 of each
7.15 	odd-numbered year.
7.16 	(b) The secretary of state shall appoint an advisory
7.17 	committee of county auditors, municipal clerks who have had
7.18 	operational experience with the use of electronic voting
7.19 	systems, and members of the disabilities community to assist the
7.20 	commissioner of administration to review and evaluate the merits
7.21 	of proposals submitted from voting equipment vendors for the
7.22 	state contracts.  Appointments to the committee must be made in
7.23 	the manner provided in section 15.0597.
7.24 	(c) Counties and municipalities may purchase or lease
7.25 	voting systems and obtain related election services from the
7.26 	state contracts.
7.27 		Subd. 2.Escrow of source code. The contracts must
7.28 	require the voting system vendor to provide a copy of the source
7.29 	code for the voting system to an independent third-party
7.30 	evaluator selected by the vendor, the secretary of state, and
7.31 	the chairs of the major political parties.  The evaluator must
7.32 	examine the source code and certify to the secretary of state
7.33 	that the voting system will record and count votes as
7.34 	represented by the vendor.  Source code that is trade secret
7.35 	information must be treated as nonpublic information, in
7.36 	accordance with section 13.37.  Each major political party may
8.1 	designate an agent to examine the source code to verify that the
8.2 	voting system will record and count votes as represented by the
8.3 	vendor; the agent must not disclose the source code to anyone
8.4 	else.

8.5 	Sec. 17. Minnesota Statutes 2004, section 206.81, is
8.6 	amended to read:
8.7 	206.81 ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.
8.8 	(a) The secretary of state may approve certify an
8.9 	electronic voting system for experimental use at an election
8.10 	prior to its approval for general use.
8.11 	(b) The secretary of state must approve certify one or more
8.12 	direct recording electronic voting systems for experimental use
8.13 	at an election before their approval certification for general
8.14 	use and may impose restrictions on their use.  At least one
8.15 	voting system approved certified under this paragraph must
8.16 	permit sighted persons to vote and at least one system must
8.17 	permit a blind or visually impaired voter to cast a ballot
8.18 	independently and privately.
8.19 	(c) Experimental use must be observed by the secretary of
8.20 	state or the secretary's designee and the results observed must
8.21 	be considered at any subsequent proceedings for
8.22 	approval certification for general use.
8.23 	(d) The secretary of state may adopt rules consistent with
8.24 	sections 206.55 to 206.90 relating to experimental use.  The
8.25 	extent of experimental use must be determined by the secretary
8.26 	of state.

8.27 	Sec. 18. Minnesota Statutes 2004, section 206.82,
8.28 	subdivision 1, is amended to read:
8.29 		Subdivision 1.Program.  A program or programs for use in
8.30 	an election conducted by means of an electronic voting system or
8.31 	using an electronic ballot marker shall be prepared at the
8.32 	direction of the county auditor or municipal clerk who is
8.33 	responsible for the conduct of the election and shall be
8.34 	independently verified by a competent person designated by that
8.35 	official.  The term "competent person" as used in this section
8.36 	means a person who can demonstrate knowledge as a computer
9.1 	programmer and who is other than and wholly independent of any
9.2 	person operating or employed by the counting center or the
9.3 	corporation or other preparer of the program.  A test deck
9.4 	prepared by a competent person shall be used for independent
9.5 	verification of the program; it shall test the maximum digits
9.6 	used in totaling the returns and shall be usable by insertion
9.7 	during the tabulation process as well as prior to tabulation. A
9.8 	test deck must also be prepared using the electronic ballot
9.9 	marker program and must also be used to verify that all valid
9.10 	votes counted by the vote tabulator may be selected using the
9.11 	electronic ballot marker.The secretary of state shall adopt
9.12 	rules further specifying test procedures.

9.13 	Sec. 19. Minnesota Statutes 2004, section 206.83, is
9.14 	amended to read:
9.15 	206.83 TESTING OF VOTING SYSTEMS.
9.16 	Within 14 days before election day,the official in charge
9.17 	of elections shall have the voting system tested to ascertain
9.18 	that the system will correctly mark or securely transmit to
9.19 	automatic tabulating equipment in the precinct ballots using all
9.20 	methods supported by the system, including through assistive
9.21 	technology, and count the votes cast for all candidates and on
9.22 	all questions within 14 days prior to election day.  Public
9.23 	notice of the time and place of the test must be given at least
9.24 	two days in advance by publication once in official newspapers.
9.25 	The test must be observed by at least two election judges, who
9.26 	are not of the same major political party, and must be open to
9.27 	representatives of the political parties, candidates, the press,
9.28 	and the public.  The test must be conducted by (1) processing a
9.29 	preaudited group of ballots punched or marked to record a
9.30 	predetermined number of valid votes for each candidate and on
9.31 	each question, and must include for each office one or more
9.32 	ballot cards which have votes in excess of the number allowed by
9.33 	law in order to test the ability of the voting system tabulator
9.34 	and electronic ballot marker to reject those votes; and (2)
9.35 	processing an additional test deck of ballots marked using the
9.36 	electronic ballot marker to be employed in the precinct,
10.1 	including ballots marked or ballots transmitted electronically
10.2 	to automatic tabulating equipment in the precinct using the
10.3 	electronic ballot display, audio ballot reader, and each of the
10.4 	assistive voting peripheral devices used with the electronic
10.5 	ballot marker.  If any error is detected, the cause must be
10.6 	ascertained and corrected and an errorless count must be made
10.7 	before the voting system may be used in the election.  After the
10.8 	completion of the test, the programs used and ballot cards must
10.9 	be sealed, retained, and disposed of as provided for paper
10.10 	ballots.

10.11 	Sec. 20. Minnesota Statutes 2004, section 206.84,
10.12 	subdivision 1, is amended to read:
10.13 		Subdivision 1.Instruction of judges, voters.  The
10.14 	officials in charge of elections shall determine procedures to
10.15 	instruct election judges and voters in the use of electronic
10.16 	voting system manual marking devices and the electronic ballot
10.17 	marker, including assistive peripheral devices.

10.18 	Sec. 21. Minnesota Statutes 2004, section 206.84,
10.19 	subdivision 3, is amended to read:
10.20 		Subd. 3.Ballots.  The ballot information must be in the
10.21 	same order provided for paper ballots, except that the
10.22 	information may be in vertical or horizontal rows, or on a
10.23 	number of separate pages.  The secretary of state shall provide
10.24 	by rule for standard ballot formats for electronic voting
10.25 	systems. Electronic ballot displays and audio ballot readers
10.26 	shall be in the order provided for on the optical scan ballot.
10.27 	Electronic ballot displays may employ zooms or other devices as
10.28 	assistive voting technology.  Audio ballot readers may employ
10.29 	rewinds or audio cues as assistive voting technology.
10.30 	Ballot cards may contain special printed marks and holes as
10.31 	required for proper positioning and reading of the ballots by
10.32 	electronic vote counting equipment.  Ballot cards must contain
10.33 	an identification of the precinct for which they have been
10.34 	prepared which can be read visually and which can be tabulated
10.35 	by the automatic tabulating equipment.

10.36 	Sec. 22. Minnesota Statutes 2004, section 206.84,
11.1 	subdivision 6, is amended to read:
11.2 		Subd. 6.Duties of official in charge.  The official in
11.3 	charge of elections in each municipality where an electronic
11.4 	voting system is used shall have the voting systems put in
11.5 	order, set, adjusted, and made ready for voting when delivered
11.6 	to the election precincts.  The official shall also provide each
11.7 	precinct with a container for transporting ballot cards to the
11.8 	counting location after the polls close.  The container shall be
11.9 	of sturdy material to protect the ballots from all reasonably
11.10 	foreseeable hazards including auto collisions.  The election
11.11 	judges shall meet at the polling place at least one hour before
11.12 	the time for opening the polls.  Before the polls open the
11.13 	election judges shall compare the ballot cards used with the
11.14 	sample ballots, electronic ballot displays, and audio ballot
11.15 	reader furnished to see that the names, numbers, and letters on
11.16 	both agree and shall certify to that fact on forms provided for
11.17 	the purpose.  The certification must be filed with the election
11.18 	returns.

11.19 	Sec. 23. Minnesota Statutes 2004, section 206.90,
11.20 	subdivision 1, is amended to read:
11.21 		Subdivision 1.Definition.  For the purposes of this
11.22 	section, "optical scan voting system" means an electronic voting
11.23 	system approved for use under sections 206.80 to 206.81 in which
11.24 	the voter records votes by marking with a pencil or other
11.25 	writing instrument device, including an electronic ballot
11.26 	marker,a ballot on which the names of candidates, office
11.27 	titles, party designation in a partisan primary or election, and
11.28 	a statement of any question accompanied by the words "Yes" and
11.29 	"No" are printed.

11.30 	Sec. 24. Minnesota Statutes 2004, section 206.90,
11.31 	subdivision 5, is amended to read:
11.32 		Subd. 5.Instruction of judges, voters.  In instructing
11.33 	judges and voters under section 206.84, subdivision 1, officials
11.34 	in charge of election precincts using optical scan voting
11.35 	systems shall include instruction on the proper mark for
11.36 	recording votes on ballot cards marked with a pencil or other
12.1 	writing instrument and the insertion by the voter of the ballot
12.2 	card into automatic tabulating equipment that examines and
12.3 	counts votes as the ballot card is deposited into the ballot box.
12.4 	Officials shall include instruction on the insertion by the
12.5 	voter of the ballot card into an electronic ballot marker that
12.6 	can examine votes before the ballot card is deposited into the
12.7 	ballot box.

12.8 	Sec. 25. Minnesota Statutes 2004, section 206.90,
12.9 	subdivision 6, is amended to read:
12.10 		Subd. 6.Ballots.  In precincts using optical scan voting
12.11 	systems, a single ballot card on which all ballot information is
12.12 	included must be printed in black ink on white colored material
12.13 	except that marks not to be read by the automatic tabulating
12.14 	equipment may be printed in another color ink.
12.15 	On the front of the ballot must be printed the words
12.16 	"Official Ballot" and the date of the election and lines for the
12.17 	initials of at least two election judges.
12.18 	When optical scan ballots are used, the offices to be
12.19 	elected must appear in the following order:  federal offices;
12.20 	state legislative offices; constitutional offices; proposed
12.21 	constitutional amendments; county offices and questions;
12.22 	municipal offices and questions; school district offices and
12.23 	questions; special district offices and questions; and judicial
12.24 	offices.
12.25 	On optical scan ballots, the names of candidates and the
12.26 	words "yes" and "no" for ballot questions must be printed as
12.27 	close to their corresponding vote targets as possible.
12.28 	The line on an optical scan ballot for write-in votes must
12.29 	contain the words "write-in, if any."
12.30 	If a primary ballot contains both a partisan ballot and a
12.31 	nonpartisan ballot, the instructions to voters must include a
12.32 	statement that reads substantially as follows:  "THIS BALLOT
12.33 	CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT.  ON
12.34 	THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF
12.35 	ONE POLITICAL PARTY ONLY."  If a primary ballot contains
12.36 	political party columns on both sides of the ballot, the
13.1 	instructions to voters must include a statement that reads
13.2 	substantially as follows:  "ADDITIONAL POLITICAL PARTIES ARE
13.3 	PRINTED ON THE OTHER SIDE OF THIS BALLOT.  VOTE FOR ONE
13.4 	POLITICAL PARTY ONLY."  At the bottom of each political party
13.5 	column on the primary ballot, the ballot must contain a
13.6 	statement that reads substantially as follows:  "CONTINUE VOTING
13.7 	ON THE NONPARTISAN BALLOT."  The instructions in section
13.8 	204D.08, subdivision 4, do not apply to optical scan partisan
13.9 	primary ballots. Electronic ballot displays and audio ballot
13.10 	readers must follow the order of offices and questions on the
13.11 	optical scan or paper ballot used in the same precinct, or the
13.12 	sample ballot posted for that precinct.

13.13 	Sec. 26. Minnesota Statutes 2004, section 206.90,
13.14 	subdivision 8, is amended to read:
13.15 		Subd. 8.Duties of election officials.  The official in
13.16 	charge of elections in each municipality where an optical scan
13.17 	voting system is used shall have the electronic ballot marker
13.18 	that examines and marks votes on ballot cards or the machine
13.19 	that transmits a ballot electronically to automatic tabulating
13.20 	equipment in the precinct and the automatic tabulating equipment
13.21 	that examines and counts votes as ballot cards are deposited
13.22 	into ballot boxes put in order, set, adjusted, and made ready
13.23 	for voting when delivered to the election precincts.

13.24 	Sec. 27. Minnesota Statutes 2004, section 206.90,
13.25 	subdivision 9, is amended to read:
13.26 		Subd. 9.Spoiled ballot cards.  Automatic tabulating
13.27 	equipment and electronic ballot markers must be capable of
13.28 	examining a ballot card for defects and returning it to the
13.29 	voter before it is counted and deposited into the ballot box and 
13.30 	must be programmed to return as a spoiled ballot a ballot card
13.31 	with votes for an office or question which exceed the number
13.32 	which the voter is entitled to cast and at a primary a ballot
13.33 	card with votes for candidates of more than one party.

13.34 	Sec. 28. APPROPRIATIONS.
 13.35 		Subdivision 1.Assistive voting technology. (a)
13.36 	$25,000,000 is appropriated from the Help America Vote Act
14.1 	account to the secretary of state for grants to counties to
14.2 	purchase electronic voting systems equipped for individuals with
14.3 	disabilities that meet the requirements of Minnesota Statutes,
14.4 	section 206.80, and have been certified by the secretary of
14.5 	state under Minnesota Statutes, section 206.57.  This
14.6 	appropriation is available until June 30, 2009.
14.7 	(b) The secretary of state shall make a grant to each
14.8 	county in the amount of $6,100 times the number of precincts in
14.9 	the county as certified by the county, which must not be more
14.10 	than the number of precincts used by the county in the state
14.11 	general election of 2004, plus $6,100 to purchase an electronic
14.12 	voting system to be used by the county auditor for absentee and
14.13 	mail balloting, until the appropriation is exhausted.  The grant
14.14 	may be used either to purchase ballot marking equipment for
14.15 	persons with disabilities and other voters or to purchase
14.16 	assistive voting machines that combine voting methods used for
14.17 	persons with disabilities with precinct-based optical scan
14.18 	voting machines.
14.19 		Subd. 2.Optical scan equipment. $6,000,000 is
14.20 	appropriated from the Help America Vote Act account to the
14.21 	secretary of state for grants to counties to purchase optical
14.22 	scan voting equipment.  Counties are eligible for grants to the
14.23 	extent that they decide to purchase ballot marking machines and
14.24 	as a result do not have sufficient Help America Vote Act grant
14.25 	money remaining to also purchase a compatible precinct-based
14.26 	optical scan machine or central count machine.  These grants
14.27 	must be allocated to counties at a rate of $3,000 per eligible
14.28 	precinct until the appropriation is exhausted, with priority in
14.29 	the payment of grants to be given to counties currently using
14.30 	hand- and central-count voting systems and counties using
14.31 	precinct-count optical scan voting systems incompatible with
14.32 	assistive voting systems or ballot marking machines.  This
14.33 	appropriation is available until June 30, 2009.
14.34 		Subd. 3.Assistive voting technology operating costs.
 14.35 	$7,500,000 is appropriated from the Help America Vote Act
14.36 	account to the secretary of state for grants to counties to
15.1 	defray the operating costs of assistive voting equipment.
15.2 	"Operating costs" include actual county and municipal costs for
15.3 	hardware maintenance, election day technical support, software
15.4 	licensing, system programming, voting system testing, training
15.5 	of county or municipal staff in the use of the assistive voting
15.6 	system, transportation of the assistive voting systems to and
15.7 	from the polling places, and storage of the assistive voting
15.8 	systems between elections.  Each county may submit a request for
15.9 	no more than $600 per polling place per year until the
15.10 	appropriation is exhausted.  This appropriation is available
15.11 	until June 30, 2009.
15.12 		Subd. 4.Grant application. To receive a grant under
15.13 	subdivisions 1 to 3, a county must apply to the secretary of
15.14 	state on forms prescribed by the secretary of state that set
15.15 	forth how the grant money will be spent, which must be in
15.16 	accordance with the plan adopted under section 29.  A county may
15.17 	submit more than one grant application, so long as the
15.18 	appropriation remains available and the total amount granted to
15.19 	the county does not exceed the county's allocation.
15.20 		Subd. 5.Report. Each county receiving a grant under
15.21 	subdivisions 1 to 3 must report to the secretary of state by
15.22 	January 15, 2006, the amount spent for the purchase of each kind
15.23 	of electronic voting system and for operating costs of the
15.24 	systems purchased.  The secretary of state shall compile this
15.25 	information and report it to the legislature by February 15,
15.26 	2006.
15.27 		Subd. 6.Access to polling places. $290,000 is
15.28 	appropriated from the Help America Vote Act account to the
15.29 	secretary of state to make grants to counties and municipalities
15.30 	to improve access to polling places for individials with
15.31 	disabilities, to be available until June 30, 2007.
15.32 		Subd. 7.Administrative costs. (a) $54,000 is
15.33 	appropriated from the Help America Vote Act account to the
15.34 	commissioner of administration to establish the state voting
15.35 	systems contract required by new Minnesota Statutes, section
15.36 	206.805.  $36,000 is available until June 30, 2006, and $18,000
16.1 	is available for the fiscal year ending June 30, 2007.
16.2 	(b) $50,000 is appropriated from the Help America Vote Act
16.3 	account to the secretary of state to establish the state voting
16.4 	systems contract required by new Minnesota Statutes, section
16.5 	206.805, and to administer the grants to counties and
16.6 	municipalities under this section, to be available until June
16.7 	30, 2007.

16.8 	Sec. 29. LOCAL EQUIPMENT PLANS.
 16.9 	(a) The county auditor shall convene a working group of all
16.10 	city and town election officials in each county to create a
16.11 	local equipment plan.  The working group must continue to meet
16.12 	until the plan is completed, which must be no later than
16.13 	September 15, 2005, or 45 days after state certification of
16.14 	assistive voting systems, whichever is later.  The plan must:
16.15 	(1) contain procedures to implement voting systems as
16.16 	defined in Minnesota Statutes, section 206.80, in each polling
16.17 	location;
16.18 	(2) define who is responsible for any capital or operating
16.19 	costs related to election equipment not covered by federal money
16.20 	from the Help America Vote Act account; and 
16.21 	(3) outline how the federal money from the Help America
16.22 	Vote Act account will be spent.
16.23 	(b) A county plan must provide funding to purchase either
16.24 	precinct-based optical scan voting equipment or assistive voting
16.25 	machines that combine voting methods used for persons with
16.26 	disabilities with precinct-based optical scan voting machines
16.27 	for any precinct whose city or town requests it, if the
16.28 	requesting city or town agrees with the county on who will be
16.29 	responsible for operating and replacement costs related to the
16.30 	use of the precinct-based equipment.
16.31 	(c) The plan must be submitted to the secretary of state
16.32 	for review and comment.
16.33 	(d) The county board of commissioners must adopt the local
16.34 	equipment plan after a public hearing.  Money from the Help
16.35 	America Vote Act account may not be expended until the plan is
16.36 	adopted.  The county auditor shall file the adopted local
17.1 	equipment plan with the secretary of state.

17.2 	Sec. 30. MAIL BALLOTING.
 17.3 	Nothing in this act is intended to preclude the use of mail
17.4 	balloting in those precincts where it is allowed under state law.

17.5 	Sec. 31. EFFECTIVE DATE.
 17.6 	This act is effective the day following final enactment.