HF 2562

as introduced - 87th Legislature (2011 - 2012) Posted on 02/29/2012 01:32pm

A bill for an act
proposing an amendment to the Minnesota Constitution; adding a section to
article IV to provide for initiative and referendum; providing procedures for
initiative and referendum; providing penalties; amending Minnesota Statutes
2010, sections 204C.33, subdivisions 1, 3; 204D.11, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 3B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, a section shall be added to article IV, to read:
new text end

new text begin Sec. 27. new text end

new text begin The enactment of a law may be initiated by a petition of registered voters. A
referendum of the people to repeal existing law may be proposed by petition of registered
voters.
new text end

new text begin An initiative of the people that proposes a law shall be placed on the ballot at the
state general election if petitions for it are signed by registered voters in each of the
congressional districts of the state, and of the state as a whole, in a number equal to or
greater than five percent of the number of persons who voted for governor at the last
election of a governor in each of the districts respectively and in the state as a whole.
new text end

new text begin A referendum of the people whose purpose is only to repeal existing law shall be
placed on the ballot at the state general election if petitions for it are signed by registered
voters in each of the congressional districts of the state, and of the state as a whole, in
a number not less than five percent of the number of persons who voted for governor at
the last election of a governor. If the law whose repeal is proposed has not gone into
effect at the time that completed petitions are filed, the law shall remain suspended until
the question is voted on.
new text end

new text begin An initiated law or the repeal of a law by referendum of the people shall be enacted
30 days after the affirmative vote of a majority of those voting on the question. An initiated
law may not be amended or repealed nor may a law repealed by referendum be enacted
again, either under this section or by enactment by the legislature, before the next state
general election after the vote on the initiated or referred law. The governor may not veto
an initiated law or a referendum of the people. If a law that is similar to a pending initiated
law is enacted by the legislature, the sponsor of the initiative may abandon it. The similar
law may provide that, if the sponsor of the initiative declines to abandon it, the similar law
will also be placed on the ballot to be voted on like the initiated law. If both receive the
affirmative vote of a majority, only that which has the greater vote shall take effect.
new text end

new text begin An amendment to the constitution may be initiated by a petition signed by registered
voters in each of the congressional districts of the state, and of the state as a whole, in
a number not less than eight percent of the number of persons who voted for governor
at the last election of a governor in each of the districts respectively and in the state as
a whole. The amendment shall be placed on the ballot at the state general election and
becomes part of the constitution 30 days after the affirmative vote of a majority of those
voting at the election.
new text end

new text begin The legislature may, by a law enacted under the other provisions of this article, refer
a law to a vote of the people. No more than three laws may be referred by the legislature
to a vote of the people at the same state general election. A law referred by the legislature
shall be enacted 30 days after the affirmative vote of a majority of those voting on the
question. The governor may not veto a law referred by the legislature.
new text end

new text begin A proposal for an initiated law, a referendum of the people to repeal existing law, an
amendment to the constitution initiated by petition, or a law referred by the legislature to a
vote of the people may not embrace more than one general subject.
new text end

new text begin The legislature shall, by law, provide procedures to facilitate this section.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2012 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide for initiative and
referendum?
new text end

	new text begin Yes . new text end
	new text begin No . " new text end

Sec. 3.

new text begin [3B.31] CITATION.
new text end

new text begin Sections 3B.31 to 3B.57 may be cited as the "Initiative and Referendum
Implementation Act."
new text end

Sec. 4.

new text begin [3B.32] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to sections 3B.31
to 3B.57.
new text end

new text begin Subd. 2. new text end

new text begin Ballot measure. new text end

new text begin "Ballot measure" means a law proposed by an initiative
or a referendum of the people.
new text end

new text begin Ballot measure also includes a law referred by the legislature for purposes of sections
3B.43; 3B.44; 3B.45; 3B.48; 3B.50; 3B.51, subdivision 1, clause (2); 3B.52; 3B.53,
subdivision 1, clauses (2), (3), and (7), and subdivision 2; 3B.55; 3B.56; and 3B.57.
new text end

new text begin Subd. 3. new text end

new text begin Petition drive. new text end

new text begin "Petition drive" means the organized process by which the
sponsor and the authorized agents solicit registered voters to sign ballot measure petitions.
new text end

new text begin Subd. 4. new text end

new text begin Sponsor. new text end

new text begin "Sponsor" means a political committee as defined by section
10A.01, subdivision 27, whose major purpose is to promote or defeat a ballot measure.
new text end

Sec. 5.

new text begin [3B.33] PREPARATION FOR PETITIONING.
new text end

new text begin Subdivision 1. new text end

new text begin Filing of declaration. new text end

new text begin Before circulating petitions to have a
ballot measure placed on the ballot at the state general election, the sponsor shall file a
declaration with the secretary of state not earlier than January 1 of an odd-numbered year.
new text end

new text begin Subd. 2. new text end

new text begin Contents. new text end

new text begin The declaration must:
new text end

new text begin (1) state the name, mailing address, chair, and treasurer of the sponsor;
new text end

new text begin (2) give a description of the intent or purpose of the ballot measure;
new text end

new text begin (3) state a short title by which the sponsor wants the ballot measure to be identified;
and
new text end

new text begin (4) state the name, address, and telephone number of the person who is designated by
the sponsor to work on the final form and wording of the ballot measure and is authorized
to approve its final form and wording.
new text end

new text begin Subd. 3. new text end

new text begin Changes. new text end

new text begin Upon notification by the sponsor, the secretary of state shall
amend information listed in the declaration.
new text end

new text begin Subd. 4. new text end

new text begin Sample. new text end

new text begin The secretary of state shall provide a sample declaration form.
new text end

new text begin Subd. 5. new text end

new text begin Filing fee. new text end

new text begin The sponsor shall pay to the secretary of state a filing fee
of $100.
new text end

Sec. 6.

new text begin [3B.34] ADVICE BY REVISOR OF STATUTES.
new text end

new text begin Subdivision 1. new text end

new text begin Secretary of state's duties. new text end

new text begin The secretary of state shall immediately
forward one copy of each declaration to the revisor of statutes. The secretary of state shall
also advise the sponsor to consult with the revisor.
new text end

new text begin Subd. 2. new text end

new text begin Revisor's duties. new text end

new text begin The revisor of statutes shall, within 14 days of the
filing of a declaration, prepare a final draft of a ballot measure. The intent and purpose
may be amplified or refined by the person authorized by the declaration to approve the
form and wording of the measure. The revisor shall advise the sponsor as to the measure's
constitutionality, and the best form of the measure to accomplish the sponsor's intent
and purpose. However, if the revisor and the sponsor disagree as to the best form and
content of the measure to accomplish the sponsor's intent and purpose, or disagree as to
constitutionality, the directions of the sponsor must prevail. All discussions by the revisor
with the sponsor must be treated by the revisor as confidential. If, after consulting the
revisor, the sponsor does not desire the revisor's assistance, the chair shall sign a written
waiver of assistance. The waiver must then be filed with the secretary of state and the
revisor, together with a final draft of the ballot measure prepared by the sponsor. Together
with the final draft prepared by the revisor, or within seven days after receiving the waiver
and final draft prepared by the sponsor, the revisor shall furnish the sponsor and the
secretary of state with a summary of the measure to be proposed to the people.
new text end

new text begin Subd. 3. new text end

new text begin Form. new text end

new text begin The form of ballot measures must conform to the form of bills
considered by the legislature. The enacting clause must be "BE IT ENACTED BY THE
PEOPLE OF THE STATE OF MINNESOTA:" No ballot measure may embrace more
than one general subject. The ballot measure may not provide for the form of the ballot
question by which it would be submitted to the voters.
new text end

new text begin Within 14 days after receiving the final draft of the ballot measure and the revisor's
summary, the secretary of state must state the wording of the question to be placed on
the ballot. The ballot question must be a true and impartial statement of the intent and
purpose of the measure. It must be in similar form as a ballot question for a legislative
proposal of a constitutional amendment.
new text end

Sec. 7.

new text begin [3B.35] PETITIONS FOR BALLOT MEASURE.
new text end

new text begin Subdivision 1. new text end

new text begin Contents. new text end

new text begin Each official ballot measure petition form must be printed
on only one side of a sheet of paper and contain the following:
new text end

new text begin (1) in not less than 24-point bold type at the top of the front page, the printed words
"OFFICIAL BALLOT MEASURE PETITION";
new text end

new text begin (2) the ballot question prepared by the secretary of state and the name of the sponsor;
new text end

new text begin (3) the summary of the ballot measure prepared by the revisor;
new text end

new text begin (4) a statement that a verbatim copy of the ballot measure is available for public
examination at the office of the secretary of state or any county auditor and on the
secretary of state's Web site;
new text end

new text begin (5) space for registered voters to sign the petition including space for the signature,
printed name, telephone number, mailing address, county of residence, and an indication
of status as a registered voter; and
new text end

new text begin (6) a statement that some of the circulators of the petition may have been paid
to circulate it.
new text end

new text begin Subd. 2. new text end

new text begin Secretary of state to prepare. new text end

new text begin The secretary of state shall prepare the
official ballot measure petition form as required by subdivision 1 and shall provide a copy
to the sponsor to duplicate and circulate within 14 days after receiving the final draft of the
ballot measure and the revisor's summary.
new text end

new text begin Subd. 3. new text end

new text begin Copy to county auditor. new text end

new text begin The secretary of state shall, within seven
calendar days after completing the official ballot measure petition form, send to the
county auditor in each county a verbatim copy of the ballot measure as is on file in the
secretary of state's office.
new text end

Sec. 8.

new text begin [3B.36] INTERNET SITE.
new text end

new text begin Upon preparing ballot measure petition forms under section 3B.35, the secretary of
state shall maintain a Web site containing information about the proposed ballot measure.
new text end

Sec. 9.

new text begin [3B.37] TIME AND PLACE OF CIRCULATION OF PETITIONS;
VOLUNTARY ABANDONMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Circulation dates. new text end

new text begin Ballot measure petitions may be circulated upon
receipt of the official ballot measure petition form from the secretary of state.
new text end

new text begin Subd. 2. new text end

new text begin Circulating prohibited near polling place. new text end

new text begin Ballot measure petitions
must not be circulated within a polling place or within 100 feet of the building in which
a polling place is situated, or anywhere on public property on which a polling place is
situated, on primary or election day.
new text end

new text begin Subd. 3. new text end

new text begin Abandonment of petition drive. new text end

new text begin The sponsor may abandon the petition
drive at any time before the petition is certified by the secretary of state as provided in
section 3B.41. To abandon the drive, a declaration to that effect must be filed with the
secretary of state. The filing of the declaration does not prevent another sponsor from
beginning a similar or identical petition drive. All petitions signed before the declaration
are void upon the filing of the declaration and may not subsequently be used by a new
sponsor.
new text end

new text begin Subd. 4. new text end

new text begin Void petitions. new text end

new text begin Petitions that are signed but never filed or that are filed
but have a number of signatures that is later determined to be insufficient are void after
the deadline in section 3B.39, subdivision 4. The petitions may not be used for similar or
identical petition circulation efforts in subsequent years.
new text end

Sec. 10.

new text begin [3B.38] PETITION FILING DEADLINE.
new text end

new text begin The sponsor shall file the signed petitions with the secretary of state not later than
July 1 of an even-numbered year.
new text end

Sec. 11.

new text begin [3B.39] VERIFICATION OF PETITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Deadline; methods; challenges. new text end

new text begin Within 30 days after a petition
is filed under section 3B.38 but not later than July 31 of an even-numbered year, the
secretary of state shall determine whether a sufficient number of valid signatures has been
obtained. The secretary of state may verify signatures by the random sampling method
provided in section 3B.40. County auditors, at the secretary of state's request, shall assist
the secretary of state in verifying signatures.
new text end

new text begin Subd. 2. new text end

new text begin Validity. new text end

new text begin A signature is valid if:
new text end

new text begin (1) it is voluntarily signed by the person named;
new text end

new text begin (2) the signatory is a registered voter; and
new text end

new text begin (3) the signature is identifiable.
new text end

new text begin Subd. 3. new text end

new text begin Protest; contest. new text end

new text begin Any eligible voter may challenge the number or validity
of signatures on the petition. The secretary of state shall determine the contest of the
number or validity of signatures by an eligible voter. An eligible voter contesting the
sufficiency or validity of signatures shall file a protest within the time provided in
subdivision 1 for the secretary of state to verify the petitions or within seven days of the
determination of the secretary of state under subdivision 1, whichever occurs earlier. The
protest must include a brief statement of the evidence of insufficiency or invalidity. If an
eligible voter contests the sufficiency or validity of signatures in bad faith, the voter may
be assessed costs of the contest up to a maximum of $2,000. The secretary of state shall
hear evidence and determine contests within 14 days after the protest is filed.
new text end

new text begin Subd. 4. new text end

new text begin Insufficient signatures. new text end

new text begin If the secretary of state determines that the
number of valid signatures is fewer than the number required, the secretary shall notify the
sponsor, and petitions for additional signatures may be circulated for an additional period
of 14 days in the case of a determination of an actual or estimated number deficiency,
starting on the date of notification. The secretary shall verify a random sample of the
additional signatures within ten days of receiving them. If the verification from the random
sample of the additional signatures does not show that the total number of valid signatures
on the additional petitions is 100 percent or more of the deficiency, the secretary shall
notify the sponsor. No further action shall then be taken on the petitions, and the petitions
may not be used for similar or identical petition circulation efforts in subsequent years.
new text end

Sec. 12.

new text begin [3B.40] DETERMINATION OF SUFFICIENT VALID SIGNATURES.
new text end

new text begin Subdivision 1. new text end

new text begin Random sampling method of signature verification. new text end

new text begin A sample of
signatures to be verified must be drawn in such a manner that every signature filed with
the secretary of state is given an equal opportunity to be included in the sample. The
sample must include five percent of the signatures. The number of valid signatures must
be determined by taking the total number of signatures filed and multiplying it by the
percentage of signatures in the statistical sample that were found to be valid. In calculating
the number of valid signatures, any fractions must be rounded up to one.
new text end

new text begin Subd. 2. new text end

new text begin Sufficient valid signatures. new text end

new text begin If the verification from the statistical sample
shows that the total number of valid signatures on all the petitions is 100 percent or more
of the minimum number of signatures needed to declare the number of petition signatures
to be sufficient, the secretary of state shall certify the sufficiency of the petitions under
section 3B.41.
new text end

new text begin Subd. 3. new text end

new text begin Insufficient valid signatures. new text end

new text begin If the verification from the statistical sample
shows that the number of valid signatures is less than 100 percent of the minimum number
of signatures needed to declare the number of petition signatures to be sufficient, the
secretary of state shall determine that the number of petition signatures is insufficient. The
secretary shall give the sponsor written notice of what percentage of the signatures is valid.
new text end

Sec. 13.

new text begin [3B.41] CERTIFICATION BY SECRETARY OF STATE.
new text end

new text begin If the number of petition signatures meets the minimum number required, the
secretary of state shall promptly certify the sufficiency of the petitions to the sponsor and
all county auditors. The question of adoption or repeal of the law proposed by a ballot
measure proposed by the petition must then be placed on the ballot for the state general
election.
new text end

Sec. 14.

new text begin [3B.42] PLACEMENT OF LAW ON BALLOT.
new text end

new text begin If a petition has been certified so that a ballot measure will appear on the ballot at
the next state general election and the legislature enacts a law with a scope and purpose
similar to that of the ballot measure during its regular session in that state general election
year, the legislature may place that law on the ballot as well.
new text end

Sec. 15.

new text begin [3B.43] NUMBERING OF BALLOT MEASURES.
new text end

new text begin The secretary of state shall number in consecutive order each initiative or referendum
ballot measure with the wording "INITIATIVE NUMBER ...." or "REFERENDUM
NUMBER ...." After the effective date of this section, initiatives and referenda must
be numbered starting with the number one. In subsequent years, ballot measures must
be numbered beginning with the first number after the number of the last initiative or
referendum at the last state general election. Their order on the ballot must be assigned
by the secretary of state.
new text end

Sec. 16.

new text begin [3B.44] BALLOTS, VOTING, AND CANVASSING.
new text end

new text begin For all ballot measures, the ballots must be prepared, voting conducted, results
canvassed, contests conducted, and results certified as provided by chapters 200 to 211B.
new text end

Sec. 17.

new text begin [3B.45] TIME OF VOTING.
new text end

new text begin Ballot measures must be placed on the ballot only at a state general election.
new text end

Sec. 18.

new text begin [3B.46] SIMULTANEOUS PETITIONS FOR BALLOT MEASURES.
new text end

new text begin Nothing prevents multiple simultaneous petition drives involving identical ballot
measures by the same or a different sponsor. However, certification by the secretary of
state of the sufficiency of the signatures for one such measure constitutes abandonment of
the identical petition drives as of the date of the secretary's certification.
new text end

Sec. 19.

new text begin [3B.47] RESOLUTION OF CONFLICTS BETWEEN MEASURES.
new text end

new text begin Subdivision 1. new text end

new text begin Conflicting petitions. new text end

new text begin Nothing prevents petitioning for measures
that are apparently in substantial conflict.
new text end

new text begin Subd. 2. new text end

new text begin Number of affirmative votes. new text end

new text begin If two ballot measures that substantially
conflict are adopted by a vote of the people, the one receiving the larger number of
affirmative votes is effective. If it is finally determined that the measures received an
equal number of affirmative votes, neither becomes effective, but they must again be
placed on the ballot at the next state general election. Two or more measures substantially
conflict when any material provision in one measure is irreconcilable with a material
provision in another measure. The secretary of state shall determine whether two or more
measures substantially conflict.
new text end

Sec. 20.

new text begin [3B.48] PUBLICATION.
new text end

new text begin Ballot measures adopted by the people must be published by the revisor of statutes
in Laws of Minnesota and codified in the same way as other laws.
new text end

Sec. 21.

new text begin [3B.49] ORGANIZING GUIDE.
new text end

new text begin The secretary of state shall prepare a comprehensive guide to be made available to
persons wishing to conduct an initiative or referendum campaign.
new text end

Sec. 22.

new text begin [3B.50] LITERATURE MUST INCLUDE NAMES.
new text end

new text begin (a) Any person or committee who causes to be published, issued, posted, or
circulated, other than in a newspaper as provided in section 3B.53, any literature,
campaign material, or publication, including cards, pamphlets, flyers, signs, banners,
leaflets, announcements, or other material tending to influence persons to sign or refuse
to sign a ballot measure petition or to influence the voting at an election on a ballot
measure, that fails to prominently display the name and mailing address of the person or
committee causing the material to be published, issued, posted, circulated, or broadcast, is
guilty of a misdemeanor.
new text end

new text begin (b) This section does not apply to an individual who acts independently of an
association, political committee, political fund, or sponsor of a ballot measure and spends
only from the individual's own resources a sum that is less than $300 in the aggregate to
produce or distribute material described in this section at least 14 days before the election
at which the proposed ballot measure would be voted on.
new text end

Sec. 23.

new text begin [3B.51] PAID ADVERTISEMENTS IN NEWS.
new text end

new text begin Subdivision 1. new text end

new text begin Required disclaimer. new text end

new text begin No publisher of a newspaper, periodical, or
magazine shall insert in that newspaper, periodical, or magazine, and no radio or television
station shall broadcast, any matter paid or to be paid for which tends or is intended to
influence directly or indirectly:
new text end

new text begin (1) persons to sign or refuse to sign a ballot measure petition; or
new text end

new text begin (2) voting at an election on a ballot issue unless it is prominently indicated that it
is a paid advertisement.
new text end

new text begin Subd. 2. new text end

new text begin Charges allowed. new text end

new text begin To the extent that any person sells either advertising
space or broadcast time used on behalf of any measure, the charges made must not exceed
the charges made for any other comparable purpose or use according to the seller's rate
schedule.
new text end

Sec. 24.

new text begin [3B.52] CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD.
new text end

new text begin The following are political committees for purposes of chapter 10A:
new text end

new text begin (1) the sponsor of a ballot measure; and
new text end

new text begin (2) an association whose major purpose is to promote or defeat a ballot measure.
new text end

Sec. 25.

new text begin [3B.53] PROHIBITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Acts prohibited. new text end

new text begin No person may:
new text end

new text begin (1) be paid compensation for signing a ballot measure petition;
new text end

new text begin (2) publish any literature, campaign material, or publication including cards,
pamphlets, flyers, signs, banners, leaflets, announcements, or other material or any radio
or television broadcast regarding a ballot measure that does not bear the identification
required by law;
new text end

new text begin (3) publish in any newspaper, periodical, or magazine any paid advertising matter
relating to a ballot measure that does not contain the identification required by law;
new text end

new text begin (4) file a petition for a ballot measure with the secretary of state without the written
authorization of the sponsor;
new text end

new text begin (5) induce a person to sign a petition by fraud, force, or the threat of force;
new text end

new text begin (6) pay compensation for signing a ballot measure petition;
new text end

new text begin (7) publish or broadcast any information regarding a ballot measure with knowledge
that it is false and that tends to substantially affect adoption or rejection of the measure
when the publication or broadcast is undertaken primarily for the purpose of influencing
adoption or rejection;
new text end

new text begin (8) sign a petition with a name other than the person's own name; or
new text end

new text begin (9) intentionally sign the same petition more than once.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin Any person violating subdivision 1, clauses (1) to (4), is guilty
of a misdemeanor. Any person violating subdivision 1, clauses (5) to (9), is guilty of a
gross misdemeanor.
new text end

Sec. 26.

new text begin [3B.54] ACTION BY AND NOTIFICATIONS TO SPONSORS.
new text end

new text begin Subdivision 1. new text end

new text begin Authorized filers. new text end

new text begin Only the sponsor, or those authorized by the
sponsor in writing, may file any required document or statement regarding ballot measure
petitions, measures, or campaigns including election contests or petition signature count
or validity contests.
new text end

new text begin Subd. 2. new text end

new text begin Sufficiency of authorization. new text end

new text begin The signature of the chair or a person
authorized in writing by the chair is sufficient to authorize the filing of any statement or
document required by law. If the chair authorizes another person to file any statement or
document, a copy of the authorization must be attached to the filed statement or document.
new text end

new text begin Subd. 3. new text end

new text begin Recipients of notice. new text end

new text begin A notice required to be given to the sponsor must be
given to those persons in subdivision 2 who may authorize any filing.
new text end

Sec. 27.

new text begin [3B.55] JUDICIAL REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Jurisdiction. new text end

new text begin The district court has original jurisdiction of any
suit involving:
new text end

new text begin (1) the sufficiency of the number or the validity of signatures on petitions after the
administrative determinations by the secretary of state have been exhausted;
new text end

new text begin (2) resolution of conflicts between ballot measures as provided by section 3B.47; or
new text end

new text begin (3) any suit alleging the unconstitutionality of an adopted ballot measure.
new text end

new text begin Subd. 2. new text end

new text begin Venue. new text end

new text begin Venue for all suits and criminal prosecutions involving ballot
measures is in the district court in Ramsey County.
new text end

Sec. 28.

new text begin [3B.56] COPIES.
new text end

new text begin The secretary of state shall provide the election officials in each county with copies
of each measure proposed by initiative or referendum that must be made available to
the public.
new text end

Sec. 29.

new text begin [3B.57] INTERNET VOTER GUIDE.
new text end

new text begin Not later than 60 days before a state general election at which a ballot measure will
be voted on, the secretary of state must publish on the secretary of state's official Web site
an electronic voter guide for each ballot measure. The voter guide must contain:
new text end

new text begin (1) the text and the ballot question for each ballot measure certified under section
3.41 or referred by the legislature under the Minnesota Constitution, article IV, section
27; and
new text end

new text begin (2) the mailing address for the sponsor of each ballot measure.
new text end

new text begin Upon the written request of a sponsor or of the chair of a political committee registered
under chapter 10A whose major purpose is to promote or defeat a ballot measure that will
be voted on at the state general election, the voter guide also must include links to Web
sites maintained by the sponsor or by the political committee.
new text end

Sec. 30.

Minnesota Statutes 2010, section 204C.33, subdivision 1, is amended to read:

Subdivision 1.

County canvass.

The county canvassing board shall meet at
the county auditor's office between the third and tenth days following the state general
election. After taking the oath of office, the board shall promptly and publicly canvass the
general election returns delivered to the county auditor. Upon completion of the canvass,
the board shall promptly prepare and file with the county auditor a report which states:

deleted text begin (a) deleted text end new text begin (1) new text end the number of individuals voting at the election in the county and in each
precinct;

deleted text begin (b) deleted text end new text begin (2) new text end the number of individuals registering to vote on election day and the number
of individuals registered before election day in each precinct;

deleted text begin (c) deleted text end new text begin (3) new text end the names of the candidates for each office and the number of votes received
by each candidate in the county and in each precinct;

deleted text begin (d) deleted text end new text begin (4) new text end the number of votes counted for and against a proposed change of county
lines or county seat; deleted text begin and
deleted text end

deleted text begin (e) deleted text end new text begin (5) new text end the number of votes counted for and against a constitutional amendment or
other question in the county and in each precinct deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) the number of votes counted for and against each initiative and referendum.
new text end

The result of write-in votes cast on the general election ballots must be compiled by
the county auditor before the county canvass, except that write-in votes for a candidate for
federal, state, or county office must not be counted unless the candidate has timely filed a
request under section 204B.09, subdivision 3. The county auditor shall arrange for each
municipality to provide an adequate number of election judges to perform this duty or the
county auditor may appoint additional election judges for this purpose. The county auditor
may open the envelopes or containers in which the voted ballots have been sealed in order
to count and record the write-in votes and must reseal the voted ballots at the conclusion
of this process. The county auditor must prepare a separate report of votes received by
precinct for write-in candidates for federal, state, and county offices who have requested
under section 204B.09 that votes for those candidates be tallied.

Upon completion of the canvass, the county canvassing board shall declare the
candidate duly elected who received the highest number of votes for each county and state
office voted for only within the county. The county auditor shall transmit a certified
copy of the county canvassing board report for state and federal offices to the secretary
of state by messenger, express mail, or similar service immediately upon conclusion of
the county canvass.

Sec. 31.

Minnesota Statutes 2010, section 204C.33, subdivision 3, is amended to read:

Subd. 3.

State canvass.

The State Canvassing Board shall meet at the secretary
of state's office on the third Tuesday following the state general election to canvass the
certified copies of the county canvassing board reports received from the county auditors
and shall prepare a report that states:

deleted text begin (a) deleted text end new text begin (1) new text end the number of individuals voting in the state and in each county;

deleted text begin (b) deleted text end new text begin (2) new text end the number of votes received by each of the candidates, specifying the
counties in which they were cast; deleted text begin and
deleted text end

deleted text begin (c) deleted text end new text begin (3) new text end the number of votes counted for and against each constitutional amendment,
specifying the counties in which they were cast deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) the number of votes counted for and against each initiative and referendum.
new text end

All members of the State Canvassing Board shall sign the report and certify its
correctness. The State Canvassing Board shall declare the result within three days after
completing the canvass.

Sec. 32.

Minnesota Statutes 2010, section 204D.11, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Initiative and referendum ballot. new text end

new text begin All initiative or referendum ballot
questions must be on the pink ballot. The order of the questions must be the order assigned
under section 3B.43.
new text end

Sec. 33. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 3 to 32 are effective the day after the constitutional amendment proposed
by section 1 is approved by the people.
new text end