SF 1298

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A bill for an act

1.2relating to elections; changing or establishing certain voter registration
1.3procedures and requirements, filing requirements, voting procedures, election
1.4day prohibitions, ballot preparation requirements, and other election provisions;
1.5imposing penalties;amending Minnesota Statutes 2006, sections 103C.305,
1.6subdivision 3; 201.054, subdivision 1, by adding a subdivision; 201.056;
1.7201.061, subdivisions 3, 4; 201.071, subdivisions 3, 4; 201.081; 201.091,
1.8subdivisions 1, 8; 201.171; 201.27, subdivision 1; 203B.04, subdivisions 1, 4;
1.9203B.05, subdivision 2; 203B.07; 203B.08, subdivision 3; 203B.081; 203B.10;
1.10203B.13, subdivisions 1, 2; 204B.06, subdivision 8; 204B.08, subdivision 3;
1.11204B.09; 204B.16, subdivision 1; 204B.45, subdivision 2; 204C.06, subdivision
1.121; 204C.07, subdivision 3a; 204C.35, subdivisions 1, 2, by adding a subdivision;
1.13204C.36, subdivision 2, by adding a subdivision; 205.16, subdivision 4; 205A.05,
1.14by adding a subdivision; 205A.07, subdivisions 3, 3a; 205A.10, subdivision
1.151; 205A.11, subdivision 2; 206.82, subdivision 2; 206.89, subdivisions 1, 2,
1.165; 211A.02, subdivision 2; 211A.05, subdivision 1; Laws 2004, chapter 293,
1.17article 1, section 37, subdivision 2; repealing Minnesota Statutes 2006, sections
1.18203B.02, subdivision 1a; 203B.13, subdivision 3a.
1.19BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.20ARTICLE 1

1.21ELECTIONS AND VOTING

1.22    Section 1. Minnesota Statutes 2006, section 201.054, is amended by adding a
1.23subdivision to read:
1.24    Subd. 3. Prohibited methods of compensation; penalty. (a) No individual
1.25may be compensated for the solicitation, collection, or acceptance of voter registration
1.26applications from voters for submission to the secretary of state, a county auditor, or other
1.27local election official in a manner in which payment is calculated by multiplying (1)
1.28either a set or variable payment rate, by (2) the number of voter registration applications
1.29solicited, collected, or accepted.
2.1    (b) No individual may be deprived of compensation or have compensation
2.2automatically reduced exclusively for failure to solicit, collect, or accept a minimum
2.3number of voter registration applications, and no individual may receive additional
2.4compensation for reaching or exceeding a minimum number of voter registration
2.5applications.
2.6    (c) A person who violates this subdivision is guilty of a petty misdemeanor.

2.7    Sec. 2. Minnesota Statutes 2006, section 201.056, is amended to read:
2.8201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
2.9    An individual who is unable to write the individual's name shall be required to sign a
2.10registration card by making the individual's mark application in the manner provided by
2.11section 645.44, subdivision 14. If the individual registers in person and signs by making
2.12a mark, the clerk or election judge accepting the registration shall certify the mark by
2.13signing the individual's name. If the individual registers by mail and signs by making a
2.14mark, the mark shall be certified by having a voter registered in the individual's precinct
2.15sign the individual's name and the voter's own name and give the voter's own address.

2.16    Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:
2.17    Subd. 3. Election day registration. (a) An individual who is eligible to vote may
2.18register on election day by appearing in person at the polling place for the precinct in
2.19which the individual maintains residence, by completing a registration application, making
2.20an oath in the form prescribed by the secretary of state and providing proof of residence.
2.21An individual may prove residence for purposes of registering by:
2.22    (1) presenting a driver's license or Minnesota identification card issued pursuant
2.23to section 171.07;
2.24    (2) presenting any document approved by the secretary of state as proper
2.25identification;
2.26    (3) presenting one of the following:
2.27    (i) a current valid student identification card from a postsecondary educational
2.28institution in Minnesota, if a list of students from that institution has been prepared under
2.29section 135A.17 and certified to the county auditor in the manner provided in rules of
2.30the secretary of state; or
2.31    (ii) a current student fee statement that contains the student's valid address in the
2.32precinct together with a picture identification card; or
2.33    (4) having a voter who is registered to vote in the precinct, or who is an employee
2.34employed by and working in a residential facility in the precinct and vouching for a
3.1resident in the facility, sign an oath in the presence of the election judge vouching that the
3.2voter or employee personally knows that the individual is a resident of the precinct. A
3.3voter who has been vouched for on election day may not sign a proof of residence oath
3.4vouching for any other individual on that election day. A voter who is registered to vote in
3.5the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
3.6does not apply to an employee of a residential facility described in this clause. The
3.7secretary of state shall provide a form for election judges to use in recording the number
3.8of individuals for whom a voter signs proof-of-residence oaths on election day. The
3.9form must include space for the maximum number of individuals for whom a voter may
3.10sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
3.11a statement that the voter is registered to vote in the precinct, personally knows that the
3.12individual is a resident of the precinct, and is making the statement on oath. The form must
3.13include a space for the voter's printed name, signature, telephone number, and address.
3.14    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must
3.15be attached to the voter registration application and the information on the oath must be
3.16recorded on the records of both the voter registering on election day and the voter who
3.17is vouching for the person's residence, and entered into the statewide voter registration
3.18system by the county auditor when the voter registration application is entered into that
3.19system.
3.20    (b) The operator of a residential facility shall prepare a list of the names of its
3.21employees currently working in the residential facility and the address of the residential
3.22facility. The operator shall certify the list and provide it to the appropriate county auditor
3.23no less than 20 days before each election for use in election day registration.
3.24    (c) "Residential facility" means transitional housing as defined in section 256E.33,
3.25subdivision 1 ; a supervised living facility licensed by the commissioner of health under
3.26section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
3.275 ; a residence registered with the commissioner of health as a housing with services
3.28establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
3.29the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
3.30licensed by the commissioner of human services to provide a residential program as
3.31defined in section 245A.02, subdivision 14; a residential facility for persons with a
3.32developmental disability licensed by the commissioner of human services under section
3.33252.28 ; group residential housing as defined in section 256I.03, subdivision 3; a shelter
3.34for battered women as defined in section 611A.37, subdivision 4; or a supervised
3.35publicly or privately operated shelter or dwelling designed to provide temporary living
3.36accommodations for the homeless.
4.1    (d) For tribal band members, an individual may prove residence for purposes of
4.2registering by:
4.3    (1) presenting an identification card issued by the tribal government of a tribe
4.4recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
4.5contains the name, address, signature, and picture of the individual; or
4.6    (2) presenting an identification card issued by the tribal government of a tribe
4.7recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
4.8contains the name, signature, and picture of the individual and also presenting one of the
4.9documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
4.10    (e) A county, school district, or municipality may require that an election judge
4.11responsible for election day registration initial each completed registration application.

4.12    Sec. 4. Minnesota Statutes 2006, section 201.171, is amended to read:
4.13201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
4.14REGISTRATION REMOVED.
4.15    Within six weeks after every election, the county auditor shall post the voting
4.16history for every person who voted in the election. After the close of the calendar year, the
4.17secretary of state shall determine if any registrants have not voted during the preceding
4.18four years. The secretary of state shall perform list maintenance by changing the status of
4.19those registrants to "inactive" in the statewide registration system. The list maintenance
4.20performed must be conducted in a manner that ensures that the name of each registered
4.21voter appears in the official list of eligible voters in the statewide registration system.
4.22A voter must not be removed from the official list of eligible voters unless the voter is
4.23not eligible or is not registered to vote. List maintenance must include procedures for
4.24eliminating duplicate names from the official list of eligible voters.
4.25    The secretary of state shall also prepare a report to the county auditor containing the
4.26names of all registrants whose status was changed to "inactive."
4.27    Registrants whose status was changed to "inactive" must register in the manner
4.28specified in section 201.054 before voting in any primary, special primary, general, school
4.29district, or special election, as required by section 201.018.
4.30    Although not counted in an election, a late or rejected absentee or mail ballot must
4.31be considered a vote for the purpose of continuing registration.

4.32    Sec. 5. Minnesota Statutes 2006, section 203B.07, is amended to read:
4.33203B.07 RETURN AND BALLOT ENVELOPES; DIRECTIONS TO
4.34VOTERS.
5.1    Subdivision 1. Delivery of envelopes, directions. The county auditor or the
5.2municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
5.3a copy of the directions for casting an absentee ballot to each applicant whose application
5.4for absentee ballots is accepted pursuant to section 203B.04. The county auditor or
5.5municipal clerk shall provide first class postage for the return envelope. The directions
5.6for casting an absentee ballot shall be printed in at least 14-point bold type with heavy
5.7leading and may be printed on the ballot envelope. When a person requests the directions
5.8in Braille or on cassette tape, the county auditor or municipal clerk shall provide them
5.9in the form requested. The secretary of state shall prepare Braille and cassette copies
5.10and make them available.
5.11    When a voter registration card is sent to the applicant as provided in section
5.12203B.06, subdivision 4 , the directions or registration card shall include instructions for
5.13registering to vote.
5.14    Subd. 2. Design of envelopes. The return envelope shall be of sufficient size to
5.15conveniently enclose and contain the ballot envelope and a folded voter registration card
5.16folded along its perforations application. The return envelope shall be designed to open on
5.17the left-hand end. Notwithstanding any rule to the contrary, If the voter was not previously
5.18registered, the return envelope must be designed in one of the following ways:
5.19    (1) it must be of sufficient size to contain an additional envelope that when sealed,
5.20conceals the signature, identification, and other information; or
5.21    (2) it must provide an additional flap that when sealed, conceals the signature,
5.22identification, and other information.
5.23     Election officials may open the flap or the additional envelope at any time after
5.24receiving the returned ballot to inspect the returned certificate for completeness or to
5.25ascertain other information.
5.26    Subd. 3. Eligibility certificate. A certificate of eligibility to vote by absentee
5.27ballot shall be printed on the back of the return envelope. The certificate shall contain a
5.28statement to be signed and sworn by the voter indicating that the voter meets all of the
5.29requirements established by law for voting by absentee ballot. The certificate shall also
5.30contain a statement signed by a person who is registered to vote in Minnesota or by a
5.31notary public or other individual authorized to administer oaths stating that:
5.32    (a) (1) the ballots were displayed to that individual unmarked;
5.33    (b) (2) the voter marked the ballots in that individual's presence without showing
5.34how they were marked, or, if the voter was physically unable to mark them, that the voter
5.35directed another individual to mark them; and
6.1    (c) if the voter was not previously registered, (3) the voter has provided proof of
6.2residence as required by section 201.061, subdivision 3.
6.3    The county auditor or municipal clerk shall affix first class postage to the return
6.4envelopes.

6.5    Sec. 6. Minnesota Statutes 2006, section 203B.081, is amended to read:
6.6203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
6.7    An eligible voter may vote by absentee ballot during the 30 days before the election
6.8in the office of the county auditor and at any other polling place designated by the county
6.9auditor. The county auditor shall make such designations at least 90 days before the
6.10election. At least one voting booth in each polling place must be made available by the
6.11county auditor for this purpose. The county auditor must also make available at least one
6.12electronic ballot marker in each polling place that has implemented a voting system that is
6.13accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.

6.14    Sec. 7. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:
6.15    Subdivision 1. Establishment. The governing body of any county that has
6.16established a counting center as provided in section 206.85, subdivision 2, any
6.17municipality, or any school district may by ordinance or resolution, authorize an absentee
6.18ballot board. The board shall consist of a sufficient number of election judges appointed as
6.19provided in sections 204B.19 to 204B.22.

6.20    Sec. 8. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:
6.21    Subd. 2. Duties. The absentee ballot board may do any of the following:
6.22    (a) receive from each precinct in the municipality or school district all ballot
6.23envelopes marked "Accepted" by the election judges; provided that the governing body of
6.24a municipality or the school board of a school district may authorize the board to examine
6.25all return absentee ballot envelopes and receive accept or reject absentee ballots in the
6.26manner provided in section 203B.12;.
6.27    (b) open and count the absentee ballots, tabulating the vote in a manner that indicates
6.28each vote of the absentee voter and the total absentee vote cast for each candidate or
6.29question in each precinct; or
6.30    (c) report the vote totals tabulated for each precinct.
6.31    The absentee ballot board may begin the process of examining the return envelopes
6.32and marking them "accepted" or "rejected" at any time during the 30 days before the
6.33election. If an envelope has been rejected at least five days before the election, the
7.1ballots in the envelope must be considered spoiled ballots and the official in charge of the
7.2absentee ballot board shall provide the voter with a replacement absentee ballot and return
7.3envelope in place of the spoiled ballot. The secretary of state shall provide samples of the
7.4replacement ballot and return envelope for use by the county auditor.

7.5    Sec. 9. Minnesota Statutes 2006, section 204B.09, is amended to read:
7.6204B.09 TIME AND PLACE OF FILING AFFIDAVITS AND PETITIONS.
7.7    Subdivision 1. Candidates in state and county general elections. (a) Except as
7.8otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
7.9for county, state, and federal offices filled at the state general election shall be filed not
7.10more than 70 days nor less than 56 days before the state primary. The affidavit may
7.11be prepared and signed at any time between 60 days before the filing period opens and
7.12the last day of the filing period.
7.13    (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
7.14signed in the presence of a notarial officer or an individual authorized to administer oaths
7.15under section 358.10.
7.16    (c) This provision does not apply to candidates for presidential elector nominated by
7.17major political parties. Major party candidates for presidential elector are certified under
7.18section 208.03. Other candidates for presidential electors may file petitions on or before
7.19the state primary day pursuant to section 204B.07. Nominating petitions to fill vacancies
7.20in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall
7.21be accepted later than 5:00 p.m. on the last day for filing.
7.22    (d) Affidavits and petitions for county offices to be voted on in only one county shall
7.23must be filed with the county auditor of that county. Affidavits and petitions for federal
7.24offices to be voted on in more than one county shall must be filed with the secretary of
7.25state. Affidavits and petitions for state offices must be filed with the secretary of state or
7.26with the county auditor of the county in which the candidate resides.
7.27    (e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
7.28by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
7.29must be received by 5:00 p.m. on the last day for filing.
7.30    Subd. 1a. Absent candidates. (a) A candidate for special district, county, state,
7.31or federal office who will be absent from the state during the filing period may submit
7.32a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary
7.33petitions in person to the filing officer. The candidate shall state in writing the reason for
7.34being unable to submit the affidavit during the filing period. The affidavit, filing fee, if any,
7.35and petitions must be submitted to the filing officer during the seven days immediately
8.1preceding the candidate's absence from the state. Nominating petitions may be signed
8.2during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
8.3    (b) A candidate for special district, county, state, or federal office who will be absent
8.4from the state during the entire filing period or who must leave the state for the remainder
8.5of the filing period and who certifies to the secretary of state that the circumstances
8.6constitute an emergency and were unforeseen, may submit a properly executed affidavit
8.7of candidacy by facsimile device or by transmitting electronically a scanned image of
8.8the affidavit to the secretary of state during the filing period. The candidate shall state
8.9in writing the specific reason for being unable to submit the affidavit by mail or by hand
8.10during the filing period or in person prior to the start of the filing period. The affidavit of
8.11candidacy, filing fee, if any, and any necessary petitions must be received by the secretary
8.12of state by 5:00 p.m. on the last day for filing. If the candidate is filing for a special district
8.13or county office, the secretary of state shall forward the affidavit of candidacy, filing fee, if
8.14any, and any necessary petitions to the appropriate filing officer.
8.15    Subd. 2. Other elections. Affidavits of candidacy and nominating petitions for
8.16city, town or other elective offices shall be filed during the time and with the official
8.17specified in chapter 205 or other applicable law or charter, except as provided for a special
8.18district candidate under subdivision 1a. Affidavits of candidacy and applications filed on
8.19behalf of eligible voters for school board office shall be filed during the time and with the
8.20official specified in chapter 205A or other applicable law. Affidavits of candidacy and
8.21nominating petitions filed under this subdivision must be submitted by mail or by hand,
8.22notwithstanding chapter 325L, or any other law to the contrary, and must be received by
8.23the appropriate official within the specified time for the filing of affidavits and petitions
8.24for the office.
8.25    Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
8.26who wants write-in votes for the candidate to be counted must file a written request with
8.27the filing office for the office sought no later than the fifth seventh day before the general
8.28election. The filing officer shall provide copies of the form to make the request.
8.29    (b) A candidate for president of the United States who files a request under this
8.30subdivision must include the name of a candidate for vice-president of the United States.
8.31The request must also include the name of at least one candidate for presidential elector.
8.32The total number of names of candidates for presidential elector on the request may not
8.33exceed the total number of electoral votes to be cast by Minnesota in the presidential
8.34election.
8.35    (c) A candidate for governor who files a request under this subdivision must include
8.36the name of a candidate for lieutenant governor.

9.1    Sec. 10. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:
9.2    Subdivision 1. Authority; location. The governing body of each municipality and
9.3of each county with precincts in unorganized territory shall designate by ordinance or
9.4resolution a polling place for each election precinct. Polling places must be designated
9.5and ballots must be distributed so that no one is required to go to more than one polling
9.6place to vote in a school district and municipal election held on the same day. The polling
9.7place for a precinct in a city or in a school district located in whole or in part in the
9.8metropolitan area defined by section 200.02, subdivision 24, shall be located within the
9.9boundaries of the precinct or within 3,000 feet one mile of one of those boundaries unless
9.10a single polling place is designated for a city pursuant to section 204B.14, subdivision
9.112 , or a school district pursuant to section 205A.11. The polling place for a precinct in
9.12unorganized territory may be located outside the precinct at a place which is convenient to
9.13the voters of the precinct. If no suitable place is available within a town or within a school
9.14district located outside the metropolitan area defined by section 200.02, subdivision 24,
9.15then the polling place for a town or school district may be located outside the town or
9.16school district within five miles of one of the boundaries of the town or school district.

9.17    Sec. 11. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:
9.18    Subd. 2. Procedure. Notice of the election and the special mail procedure must be
9.19given at least six weeks prior to the election. No earlier Not more than 20 30 days or nor
9.20later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable
9.21mail to all voters registered in the town or unorganized territory. No later than 14 days
9.22before the election, the auditor must make a subsequent mailing of ballots to those voters
9.23who register to vote after the initial mailing but before the 20th day before the election.
9.24Eligible voters not registered at the time the ballots are mailed may apply for ballots as
9.25provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
9.26preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
9.27to the office of the auditor or clerk. The auditor or clerk may appoint election judges to
9.28examine the return envelopes and mark them "accepted" or "rejected" during the 30 days
9.29before the election. If an envelope has been rejected at least five days before the election,
9.30the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall
9.31provide the voter with a replacement ballot and return envelope in place of the spoiled
9.32ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter
9.33resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

9.34    Sec. 12. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:
10.1    Subdivision 1. Lingering near polling place. An individual shall be allowed to go
10.2to and from the polling place for the purpose of voting without unlawful interference. No
10.3one except an election official or an individual who is waiting to register or to vote shall
10.4stand within 100 feet of the entrance to a polling place. The entrance to a polling place
10.5is the doorway or point of entry leading into the room or area where voting is occurring
10.6building in which a polling place is located.

10.7    Sec. 13. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:
10.8    Subd. 3a. Residence requirement. A challenger must be a resident of this state.
10.9Appointed challengers seeking admission to a polling place to serve in that capacity must
10.10prove their status as a resident of this state by presenting one of the documents listed in
10.11section 201.061, subdivision 3. Challengers need not prove residence in the precinct
10.12in which they seek to act as a challenger.

10.13    Sec. 14. Minnesota Statutes 2006, section 204C.35, subdivision 1, is amended to read:
10.14    Subdivision 1. Automatic recounts. (a) In a state primary when the difference
10.15between the votes cast for the candidates for nomination to a statewide federal office,
10.16state constitutional office, statewide judicial office, congressional office, state legislative
10.17office, or district judicial office:
10.18    (1) is less than one-half of one percent of the total number of votes counted for
10.19that nomination; or
10.20    (2) is ten votes or less and the total number of votes cast for the nomination is 400
10.21votes or less;
10.22and the difference determines the nomination, the canvassing board with responsibility for
10.23declaring the results for that office shall manually recount the vote.
10.24    (b) In a state general election when the difference between the votes of a candidate
10.25who would otherwise be declared elected to a statewide federal office, state constitutional
10.26office, statewide judicial office, congressional office, state legislative office, or district
10.27judicial office and the votes of any other candidate for that office:
10.28    (1) is less than one-half of one percent of the total number of votes counted for
10.29that office; or
10.30    (2) is ten votes or less if the total number of votes cast for the office is 400 votes or
10.31less,
10.32the canvassing board shall manually recount the votes.
10.33    (c) A recount must not delay any other part of the canvass. The results of the recount
10.34must be certified by the canvassing board as soon as possible.
11.1    (d) Time for notice of a contest for an office which is recounted pursuant to this
11.2section shall begin to run upon certification of the results of the recount by the canvassing
11.3board.
11.4    (e) A losing candidate may waive a recount required pursuant to this section by
11.5filing a written notice of waiver with the canvassing board.

11.6    Sec. 15. Minnesota Statutes 2006, section 204C.35, subdivision 2, is amended to read:
11.7    Subd. 2. Optional Discretionary candidate recount. (a) A losing candidate for
11.8nomination or election to a statewide federal office, state constitutional office, statewide
11.9judicial office, congressional office, state legislative office, or district judicial office may
11.10request a recount in a manner provided in this section at the candidate's own expense when
11.11the vote difference is greater than the difference required by this section. The votes shall
11.12be manually recounted as provided in this section if the candidate files a request during the
11.13time for filing notice of contest of the primary or election for which a recount is sought.
11.14    (b) The requesting candidate shall file with the filing officer a bond, cash, or surety
11.15in an amount set by the filing officer for the payment of the recount expenses. The
11.16requesting candidate is responsible for the following expenses: the compensation of the
11.17secretary of state, or designees, and any election judge, municipal clerk, county auditor,
11.18administrator, or other personnel who participate in the recount; the costs of computer
11.19operation, preparation of ballot counting equipment, necessary supplies and travel
11.20related to the recount; the compensation of the appropriate canvassing board and costs of
11.21preparing for the canvass of recount results; and any attorney fees incurred in connection
11.22with the recount by the governing body responsible for the recount.

11.23    Sec. 16. Minnesota Statutes 2006, section 204C.35, is amended by adding a
11.24subdivision to read:
11.25    Subd. 2a. Discretionary partial candidate recount. (a) A losing candidate for
11.26nomination or election to an office where the difference between the votes cast for that
11.27candidate and the winning candidate is greater than one-half of one percent and less
11.28than five percent of the total votes counted for the office may request a partial manual
11.29recount at the candidate's expense. The recount official must determine the expenses for
11.30the partial recount in the manner provided by subdivision 2, paragraph (b). The request
11.31for a partial recount must be submitted in writing to the recount official during the time
11.32for filing notice of contest of the primary or election for which a recount is sought. The
11.33candidate requesting the recount may identify in the request up to three specific precincts
12.1in which the ballots are to be recounted. Any specific precincts requested by a candidate
12.2for recount must be recounted.
12.3    (b) If the results of the vote counting in the manual recount is different from the
12.4results of the vote counting reported on election day by a margin greater than the standard
12.5for acceptable performance of voting systems provided in section 206.89, subdivision 4,
12.6the election results shall be subject to a complete review as provided in section 206.89,
12.7subdivision 5. If the costs of the partial recount indicate a result different from that
12.8which was reported on election day, any costs submitted by the candidate to pay for the
12.9recount shall be refunded and the costs shall be assumed by the political subdivision in
12.10which the discrepancy occurred.
12.11    (c) This subdivision does not apply to any of the offices covered by section 206.89,
12.12subdivision 3.

12.13    Sec. 17. Minnesota Statutes 2006, section 204C.36, subdivision 2, is amended to read:
12.14    Subd. 2. Discretionary candidate recounts. A losing candidate for nomination
12.15or election to a county, municipal, or school district office may request a recount in the
12.16manner provided in this section at the candidate's own expense when the vote difference is
12.17greater than the difference required by subdivision 1, clauses (a) to (e). The votes shall
12.18be manually recounted as provided in this section if the requesting candidate files with
12.19the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an
12.20amount set by the governing body of the jurisdiction or the school board of the school
12.21district for the payment of the recount expenses.

12.22    Sec. 18. Minnesota Statutes 2006, section 204C.36, is amended by adding a
12.23subdivision to read:
12.24    Subd. 2a. Discretionary partial candidate recount. (a) A losing candidate for
12.25nomination or election to an office where the difference between the votes cast for that
12.26candidate and the winning candidate is greater than one-half of one percent and less than
12.27five percent of the total votes counted for the office may request a partial manual recount
12.28at the candidate's expense. The recount official must determine the expenses for the partial
12.29recount in the manner provided by section 204C.35, subdivision 2, paragraph (b). The
12.30request for a partial recount must be submitted in writing to the recount official during the
12.31time for filing notice of contest of the primary or election for which a recount is sought.
12.32The candidate requesting the recount may identify in the request up to three specific
12.33precincts in which the ballots are to be recounted. Any specific precincts requested by a
12.34candidate for recount must be recounted.
13.1    (b) If the results of the vote counting in the manual recount is different from the
13.2results of the vote counting reported on election day by a margin greater than the standard
13.3for acceptable performance of voting systems provided in section 206.89, subdivision 4,
13.4the election results shall be subject to a complete review as provided in section 206.89,
13.5subdivision 5. If the costs of the partial recount indicate a result different from that
13.6which was reported on election day, any costs submitted by the candidate to pay for the
13.7recount shall be refunded and the costs shall be assumed by the political subdivision in
13.8which the discrepancy occurred.

13.9    Sec. 19. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:
13.10    Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the
13.11municipal clerk shall provide a written notice to the county auditor, including the date of
13.12the election, the offices to be voted on at the election, and the title and language for each
13.13ballot question to be voted on at the election. Not less than 46 days before the election, the
13.14municipal clerk must provide written notice to the county auditor of any special election
13.15canceled under section 205.10, subdivision 6.

13.16    Sec. 20. Minnesota Statutes 2006, section 205A.05, is amended by adding a
13.17subdivision to read:
13.18    Subd. 3. Cancellation. A special election ordered by the school board on its own
13.19motion under subdivision 1 may be canceled by motion of the school board, but not less
13.20than 46 days before the election.

13.21    Sec. 21. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:
13.22    Subd. 3. Notice to auditor. At least 53 days prior to every school district election,
13.23the school district clerk shall provide a written notice to the county auditor of each county
13.24in which the school district is located. The notice must include the date of the election, the
13.25offices to be voted on at the election, and the title and language for each ballot question to
13.26be voted on at the election. For the purposes of meeting the timelines of this section, in
13.27a bond election, a notice, including a proposed question, may be provided to the county
13.28auditor prior to receipt of a review and comment from the commissioner of education and
13.29prior to actual initiation of the election. Not less than 46 days before the election, the
13.30school district clerk must provide written notice to the county auditor of any special
13.31election canceled under section 205A.05, subdivision 3.

13.32    Sec. 22. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:
14.1    Subd. 3a. Notice to commissioner of education. At least 49 days prior to every
14.2school district election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58,
14.3the school district clerk shall provide a written notice to the commissioner of education.
14.4The notice must include the date of the election and the title and language for each ballot
14.5question to be voted on at the election. Not less than 46 days before the election, the
14.6school district clerk must provide a written notice to the commissioner of education of
14.7any special election canceled under section 205A.05, subdivision 3. The certified vote
14.8totals for each ballot question shall be provided in a written notice to the commissioner
14.9in a timely manner.

14.10    Sec. 23. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:
14.11    Subdivision 1. Definition. For purposes of this section "postelection review official"
14.12means the election administration official who is responsible for the conduct of elections
14.13in a precinct selected for review under this section county auditor, unless the county
14.14auditor designates the municipal clerk as the "postelection review official" within 24 hours
14.15after the canvass of the state general election.

14.16    Sec. 24. Minnesota Statutes 2006, section 206.89, subdivision 2, is amended to read:
14.17    Subd. 2. Selection for review; notice. At the canvass of the state primary, the
14.18county canvassing board in each county must set the date, time, and place for the
14.19postelection review of the state general election to be held under this section.
14.20    At the canvass of the state general election, the county canvassing boards must select
14.21the precincts to be reviewed. The county canvassing board of a county with fewer than
14.2250,000 registered voters must select at least two precincts for postelection review. The
14.23county canvassing board of a county with between 50,000 and 100,000 registered voters
14.24must select at least three precincts for review. The county canvassing board of a county
14.25with over 100,000 registered voters must select at least four precincts, or five percent of
14.26the total number of precincts in the county, whichever is greater. A losing candidate may
14.27select up to three specific precincts to be reviewed. Any precincts selected by a candidate
14.28must be included in the postelection review. The All other precincts must be selected by
14.29lot at a public meeting. At least one precinct selected in each county must have had more
14.30than 150 votes cast at the general election.
14.31    The county auditor must notify the secretary of state of the precincts that have been
14.32chosen for review and the time and place the postelection review for that county will
14.33be conducted, as soon as the decisions are made. The secretary of state must post this
14.34information on the office Web site.

15.1    Sec. 25. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:
15.2    Subd. 5. Additional review. (a) If the postelection review in one of the reviewed
15.3precincts reveals a difference greater than one-half of one percent, or greater than
15.4two votes in a precinct where 400 or fewer voters cast ballots, the postelection review
15.5official must, within two days, conduct an additional review of the races indicated in
15.6subdivision 3 in at least three precincts in the same jurisdiction where the discrepancy
15.7was discovered. If all precincts in that jurisdiction have been reviewed, the county auditor
15.8must immediately publicly select by lot at least three additional precincts for review. The
15.9postelection review official must complete the additional review within two days after
15.10the precincts are selected and report the results immediately to the county auditor. If the
15.11second review in any of the reviewed precincts also indicates a difference in the vote totals
15.12compiled by the voting system that is greater than one-half of one percent from the result
15.13indicated by the postelection review, or greater than two votes in a precinct where 400 or
15.14fewer voters cast ballots, the county auditor must conduct a review of the ballots from all
15.15the remaining precincts in the county for the races indicated in subdivision 3. This review
15.16must be completed no later than six weeks after the state general election.
15.17    (b) If the results from the countywide reviews from one or more counties comprising
15.18in the aggregate more than ten percent of the total number of persons voting in the election
15.19clearly indicate that an error in vote counting has occurred, the postelection review official
15.20must conduct a manual recount of all the ballots in the district for the affected office. The
15.21recount must be completed and the results reported to the appropriate canvassing board no
15.22later than ten weeks after the state general election.

15.23    Sec. 26. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:
15.24    Subd. 2. Information required. The report to be filed by a candidate or committee
15.25must include:
15.26    (1) the name of the candidate or ballot question;
15.27    (2) the printed name and, address, telephone number, signature, and e-mail address,
15.28if available, of the person responsible for filing the report;
15.29    (3) the total amount of receipts and expenditures for the period from the last previous
15.30report to five days before the current report is due;
15.31    (4) the amount, date, and purpose for each expenditure; and
15.32    (5) the name, address, and employer, or occupation if self-employed, of any
15.33individual or committee that during the year has made one or more contributions that in
15.34the aggregate are equal to or greater than exceed $100, and the amount and date of each
15.35contribution. The filing officer must restrict public access to the address of any individual
16.1who has made a contribution that exceeds $100 and who has filed with the filing officer a
16.2written statement signed by the individual that withholding the individual's address from
16.3the financial report is required for the safety of the individual or the individual's family.
16.4EFFECTIVE DATE.This section is effective the day following final enactment,
16.5and applies to contributions made after December 31, 2007. However, if a candidate
16.6or committee has filed a report before the effective date of this section that includes
16.7contributions made after December 31, 2007, the candidate or committee does not need to
16.8amend or refile that report.

16.9    Sec. 27. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:
16.10    Subdivision 1. Penalty. A candidate who intentionally fails to file a report required
16.11by section 211A.02 or a certification required by this section is guilty of a misdemeanor.
16.12The treasurer of a committee formed to promote or defeat a ballot question who
16.13intentionally fails to file a report required by section 211A.02 or a certification required
16.14by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee
16.15formed to promote or defeat a ballot question shall certify to the filing officer that all
16.16reports required by section 211A.02 have been submitted to the filing officer or that the
16.17candidate or committee has not received contributions or made disbursements exceeding
16.18$750 in the calendar year. The certification shall be submitted to the filing officer no
16.19later than seven days after the general or special election. The secretary of state shall
16.20prepare blanks for this certification. An officer who issues a certificate of election to a
16.21candidate who has not certified that all reports required by section 211A.02 have been
16.22filed is guilty of a misdemeanor.

16.23    Sec. 28. REPEALER.
16.24Minnesota Statutes 2006, sections 203B.02, subdivision 1a; and 203B.13,
16.25subdivision 3a, are repealed.

16.26    Sec. 29. EFFECTIVE DATE.
16.27    Sections 5, 8, 9, and 21 to 26 are effective for elections held after June 1, 2008.
16.28Unless otherwise noted, all other sections are effective on June 1, 2008.

17.1ARTICLE 2

17.2TECHNICAL MODIFICATIONS

17.3    Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to
17.4read:
17.5    Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
17.6candidates shall be placed on the "canary ballot" described in section 204D.11, subdivision
17.73 . The office title printed on the ballot must be either "Soil and Water Conservation
17.8District Supervisor" or "Conservation District Supervisor," based upon the district from
17.9which the supervisor is to be elected.

17.10    Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:
17.11    Subdivision 1. Registration. An individual may register to vote:
17.12    (1) at any time before the 20th day preceding any election as provided in section
17.13201.061, subdivision 1 ;
17.14    (2) on the day of an election as provided in section 201.061, subdivision 3; or
17.15    (3) when submitting an absentee ballot, by enclosing a completed registration card
17.16application as provided in section 203B.04, subdivision 4.

17.17    Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:
17.18    Subd. 4. Registration by election judges; procedures. Registration at the polling
17.19place on election day shall be conducted by the election judges. The election judge who
17.20registers an individual at the polling place on election day shall not handle that voter's
17.21ballots at any time prior to the opening of the ballot box after the voting ends. Registration
17.22cards applications and forms for oaths shall be available at each polling place. If an
17.23individual who registers on election day proves residence by oath of a registered voter, the
17.24form containing the oath shall be attached to the individual's registration card application.
17.25Registration cards applications completed on election day shall be forwarded to the
17.26county auditor who shall add the name of each voter to the registration system unless the
17.27information forwarded is substantially deficient. A county auditor who finds an election
17.28day registration substantially deficient shall give written notice to the individual whose
17.29registration is found deficient. An election day registration shall not be found deficient
17.30solely because the individual who provided proof of residence was ineligible to do so.

17.31    Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:
18.1    Subd. 3. Deficient registration. No voter registration application is deficient if it
18.2contains the voter's name, address, date of birth, current and valid Minnesota driver's
18.3license number or Minnesota state identification number, or if the voter has no current and
18.4valid Minnesota driver's license or Minnesota state identification number, the last four
18.5digits of the voter's Social Security number, if the voter has been issued a Social Security
18.6number, prior registration, if any, and signature. The absence of a zip code number does
18.7not cause the registration to be deficient. Failure to check a box on an application form
18.8that a voter has certified to be true does not cause the registration to be deficient. The
18.9election judges shall request an individual to correct a voter registration application if it is
18.10deficient or illegible or if the name or number of the voter's school district is missing or
18.11obviously incorrect. No eligible voter may be prevented from voting unless the voter's
18.12registration application is deficient or the voter is duly and successfully challenged in
18.13accordance with section 201.195 or 204C.12.
18.14    A voter registration application accepted prior to August 1, 1983, is not deficient
18.15for lack of date of birth. The county or municipality may attempt to obtain the date of
18.16birth for a voter registration application accepted prior to August 1, 1983, by a request to
18.17the voter at any time except at the polling place. Failure by the voter to comply with this
18.18request does not make the registration deficient.
18.19    A voter registration application accepted before January 1, 2004, is not deficient for
18.20lack of a valid Minnesota driver's license or state identification number or the last four
18.21digits of a Social Security number. A voter registration application submitted by a voter
18.22who does not have a Minnesota driver's license or state identification number, or a Social
18.23Security number, is not deficient for lack of any of these numbers.

18.24    Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:
18.25    Subd. 4. Change of registration. Any A county auditor who receives a registration
18.26card application indicating that an individual was previously registered in a different
18.27county in Minnesota shall notify the county auditor of that county update the voter's
18.28record electronically through the statewide registration system in the manner prescribed
18.29in the rules of by the secretary of state. A county auditor receiving a registration card
18.30indicating that a voter was previously registered in a different precinct in the same county
18.31or receiving a notification as provided in this subdivision shall remove that individual's
18.32voter registration card from the files. Any A county auditor who receives a registration
18.33card application or notification requiring a change of registration records under this
18.34subdivision as a result of an election day registration shall also check the statewide
19.1registration system to determine whether the individual voted in more than one precinct in
19.2the most recent election.

19.3    Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:
19.4201.081 REGISTRATION FILES.
19.5    The statewide registration system is the official record of registered voters. The
19.6voter registration cards applications and the terminal providing access to the statewide
19.7registration system must be under the control of the county auditor or the public official to
19.8whom the county auditor has delegated the responsibility for maintaining voter registration
19.9records. The voter registration cards applications and terminals providing access to the
19.10statewide registration system must not be removed from the control of the county auditor
19.11except as provided in this subdivision. The county auditor may make photographic copies
19.12of voter registration cards applications in the manner provided by section 138.17.
19.13    A properly completed voter registration card application that has been submitted to
19.14the secretary of state or a county auditor must be maintained by the secretary of state or
19.15the county auditor for at least 22 months after the date that the information on the card
19.16application is entered into the database of the statewide registration system. The secretary
19.17of state or the county auditor may dispose of the cards applications after retention for 22
19.18months in the manner provided by section 138.17.

19.19    Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:
19.20    Subdivision 1. Master list. Each county auditor shall prepare and maintain a
19.21current list of registered voters in each precinct in the county which is known as the
19.22master list. The master list must be created by entering each completed voter registration
19.23card application received by the county auditor into the statewide registration system. It
19.24must show the name, residence address, and date of birth of each voter registered in
19.25the precinct. The information contained in the master list may only be made available
19.26to public officials for purposes related to election administration, jury selection, and in
19.27response to a law enforcement inquiry concerning a violation of or failure to comply with
19.28any criminal statute or state or local tax statute.

19.29    Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:
19.30    Subd. 8. Registration places. Each county auditor shall designate a number of
19.31public buildings in those political subdivisions of the county where preregistration of
19.32voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may
19.33register to vote. At least one public building must be designated for each 30,000 residents
20.1of the county. At least one telecommunications device for the deaf must be available for
20.2voter registration information in each county seat and in every city of the first, second,
20.3and third class.
20.4    An adequate supply of registration cards applications and instructions must be
20.5maintained at each designated location, and a designated individual must be available
20.6there to accept registration cards applications and transmit them to the county auditor.
20.7    A person who, because of disability, needs assistance in order to determine eligibility
20.8or to register must be assisted by a designated individual. Assistance includes but is not
20.9limited to reading the registration form and instructions and filling out the registration
20.10form as directed by the eligible voter.

20.11    Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:
20.12    Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee
20.13shall intentionally:
20.14    (1) fail to perform or enforce any of the provisions of this chapter except subdivision
20.152;
20.16    (2) remove a registration card application or record from its proper place in the
20.17registration files in a manner or for a purpose not authorized by law;
20.18    (3) destroy or make an unauthorized change to a record required to be kept by
20.19this chapter; or
20.20    (4) add a name or names to the voter registration files, records, or cards applications,
20.21except as authorized by law.
20.22    An individual who violates this subdivision is guilty of a felony.

20.23    Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
20.24    Subdivision 1. Application procedures. Except as otherwise allowed by
20.25subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
20.26for any election may be submitted at any time not less than one day before the day of
20.27that election. The county auditor shall prepare absentee ballot application forms in the
20.28format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
20.29and shall furnish them to any person on request. By January 1 of each even-numbered
20.30year, the secretary of state shall make the forms to be used available to auditors through
20.31electronic means. An application submitted pursuant to this subdivision shall be in writing
20.32and shall be submitted to:
20.33    (a) the county auditor of the county where the applicant maintains residence; or
21.1    (b) the municipal clerk of the municipality, or school district if applicable, where
21.2the applicant maintains residence.
21.3    An application shall be approved if it is timely received, signed and dated by the
21.4applicant, contains the applicant's name and residence and mailing addresses, and states
21.5that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
21.6section 203B.02. The application may contain a request for the voter's date of birth, which
21.7must not be made available for public inspection. An application may be submitted to
21.8the county auditor or municipal clerk by an electronic facsimile device. An application
21.9mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
21.10by a person other than the voter must be deposited in the mail or returned in person to
21.11the county auditor or municipal clerk within ten days after it has been dated by the voter
21.12and no later than six days before the election. The absentee ballot applications or a list of
21.13persons applying for an absentee ballot may not be made available for public inspection
21.14until the close of voting on election day.
21.15    An application under this subdivision may contain an application under subdivision
21.165 to automatically receive an absentee ballot application.

21.17    Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:
21.18    Subd. 4. Registration at time of application. An eligible voter who is not
21.19registered to vote but who is otherwise eligible to vote by absentee ballot may register by
21.20including a completed voter registration card application with the absentee ballot. The
21.21individual shall present proof of residence as required by section 201.061, subdivision
21.223 , to the individual who witnesses the marking of the absentee ballots. A military voter,
21.23as defined in section 203B.01, may register in this manner if voting pursuant to sections
21.24203B.04 to 203B.15, or may register pursuant to sections 203B.16 to 203B.27.

21.25    Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:
21.26    Subd. 2. City, school district, and town elections. For city, town, and school
21.27district elections not held on the same day as a statewide election, for school district
21.28elections not held on the same day as a statewide election, and for town elections
21.29conducted under the Australian ballot system, applications for absentee ballots shall be
21.30filed with the city, school district, or town clerk and the duties prescribed by this chapter for
21.31the county auditor shall be performed by the city, school district, or town clerk unless the
21.32county auditor agrees to perform those duties on behalf of the city, school district, or town
21.33clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by
21.34this subdivision shall be paid by the city, town, or school district holding the election.
22.1    Notwithstanding any other law, this chapter applies to school district elections held
22.2on the same day as a statewide election or an election for a county or municipality wholly
22.3or partially within the school district.

22.4    Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:
22.5    Subdivision 1. Delivery of envelopes, directions. The county auditor or the
22.6municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
22.7a copy of the directions for casting an absentee ballot to each applicant whose application
22.8for absentee ballots is accepted pursuant to section 203B.04. The directions for casting
22.9an absentee ballot shall be printed in at least 14-point bold type with heavy leading and
22.10may be printed on the ballot envelope. When a person requests the directions in Braille
22.11or on cassette tape, the county auditor or municipal clerk shall provide them in the form
22.12requested. The secretary of state shall prepare Braille and cassette copies and make them
22.13available.
22.14    When a voter registration card application is sent to the applicant as provided in
22.15section 203B.06, subdivision 4, the directions or registration card application shall include
22.16instructions for registering to vote.

22.17    Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:
22.18    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
22.19county auditor or municipal clerk, that official shall stamp or initial and date the return
22.20envelope with an official seal of the office and place it in a secure location with other
22.21return envelopes received by that office. The county auditor or municipal clerk shall
22.22deliver to the appropriate election judges on election day all ballots received before or
22.23with the last mail delivery by the United States Postal Service on election day. A town
22.24clerk may request the United States Postal Service to deliver absentee ballots to the polling
22.25place on election day instead of to the official address of the town clerk.

22.26    Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:
22.27203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
22.28ELECTION JUDGES.
22.29    (a) On the day before an election:
22.30    (a) (1) the county auditor shall deliver to the municipal clerks within that county
22.31the applications for absentee ballots theretofore received and endorsed as provided in
22.32section 203B.06, subdivision 5; and
23.1    (b) (2) the municipal clerks shall deliver the applications received from the county
23.2auditor and the applications for absentee ballots filed with their respective offices and
23.3endorsed as provided in section 203B.06, subdivision 5, to the appropriate election
23.4judges. Applications received on election day pursuant to section 203B.04, subdivision
23.52 , shall be promptly delivered to the election judges in the precincts or to the judges of
23.6an absentee ballot board.
23.7    (b) Delivery of the applications to the municipal clerks and election judges in the
23.8precinct is not required if the absentee ballot envelopes have been accepted or rejected
23.9by an absentee ballot board pursuant to section 203B.13.

23.10    Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:
23.11    Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of
23.12county attorney shall submit with the affidavit of candidacy proof that the candidate is
23.13licensed to practice law in this state. Proof means providing a copy of a current attorney
23.14license.
23.15    A candidate for county sheriff shall submit with the affidavit of candidacy proof of
23.16licensure as a peace officer in this state. Proof means providing a copy of a current Peace
23.17Officer Standards and Training Board license.
23.18EFFECTIVE DATE.This section is effective for elections held after June 1, 2008.

23.19    Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:
23.20    Subd. 3. Number of signatures. The number of signatures required on a
23.21nominating petition shall be as follows:
23.22    (a) for a federal or state office voted on statewide or for United States senator, one
23.23percent of the total number of individuals voting in the state at the last preceding state
23.24general election, or 2,000, whichever is less;
23.25    (b) for a congressional office, five percent of the total number of individuals voting
23.26in the district at the last preceding state general election, or 1,000, whichever is less;
23.27    (c) for a county or legislative office, ten percent of the total number of individuals
23.28voting in the county or legislative district at the last preceding state or county general
23.29election, or 500, whichever is less;
23.30    (d) for a municipal office in a city of the first class, the number specified in section
23.31205.121 ; and
23.32    (e) for any other municipal or school district office, ten percent of the total number
23.33of individuals voting in the municipality, ward, school district, or other election district
24.1at the last preceding municipal, or school district if applicable, general election, or 500,
24.2whichever is less.

24.3    Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:
24.4    Subdivision 1. Materials, ballots. The school district clerk shall prepare and have
24.5printed the necessary election materials, including ballots, for a school district election.
24.6The name of each candidate for office shall be rotated with the names of the other
24.7candidates for the same office so that the name of each candidate appears substantially
24.8an equal number of times at the top, at the bottom, and at each intermediate place in the
24.9group of candidates for that office names must be arranged on school district ballots in the
24.10manner provided in section 204D.08, subdivision 3, for state elections.
24.11EFFECTIVE DATE.This section is effective for elections held after June 1, 2008.

24.12    Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:
24.13    Subd. 2. Combined polling place. When no other election is being held in two or
24.14more precincts on the day of a school district election, the school board may designate
24.15one or more combined polling places at which the voters in those precincts may vote in
24.16the school district election. In school districts that have organized into separate board
24.17member election districts under section 205A.12, a combined polling place for a school
24.18general election must be arranged so that it does not include more than one board member
24.19election district.
24.20EFFECTIVE DATE.This section is effective for elections held after June 1, 2008.

24.21    Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:
24.22    Subd. 2. Plan. (a) Subject to paragraph (b), The municipal clerk in a municipality
24.23where an electronic voting system is used and the county auditor of a county in which an
24.24electronic voting system is used in more than one municipality and the county auditor of
24.25a county in which a counting center serving more than one municipality is located shall
24.26prepare a plan which indicates acquisition of sufficient facilities, computer time, and
24.27professional services and which describes the proposed manner of complying with section
24.28206.80 . The plan must be signed, notarized, and submitted to the secretary of state more
24.29than 60 days before the first election at which the municipality uses an electronic voting
24.30system. Prior to July 1 of each subsequent general election year, the clerk or auditor
24.31shall submit to the secretary of state notification of any changes to the plan on file with
24.32the secretary of state. The secretary of state shall review each plan for its sufficiency and
25.1may request technical assistance from the Department of Administration or other agency
25.2which may be operating as the central computer authority. The secretary of state shall
25.3notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
25.4of receipt of the plan. The attorney general, upon request of the secretary of state, may
25.5seek a district court order requiring an election official to fulfill duties imposed by this
25.6subdivision or by rules promulgated pursuant to this section.
25.7    (b) Systems implemented by counties and municipalities in calendar year 2006 are
25.8exempt from paragraph (a) and section 206.58, subdivision 4, if:
25.9    (1) the municipality has fewer than 10,000 residents; and
25.10    (2) a valid county plan was filed by the county auditor of the county in which the
25.11municipality is located.

25.12    Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to
25.13read:
25.14    Subd. 2. Social Security number. A voter must not be included on the list of voters
25.15prepared under Minnesota Statutes, section 201.121, subdivision 1, whose registration is
25.16incomplete because of a failure to match the last four digits of the voter's Social Security
25.17number until the commissioner of public safety has:
25.18    (1) entered into an agreement with the commissioner of the Social Security
25.19Administration under Minnesota Statutes, section 201.1615, regarding the use of the last
25.20four digits of a Social Security number to verify voter registration information;
25.21    (2) assembled a complete and current database of the last four digits of the Social
25.22Security number of each resident of this state as maintained by the Social Security
25.23Administration; and
25.24    (3) (2) certified, along with the secretary of state, that the voter registration system
25.25has been tested and shown to properly verify the last four digits of a voter's Social
25.26Security number.
25.27EFFECTIVE DATE.This section is effective retroactively to November 29, 2007.

25.28    Sec. 22. EFFECTIVE DATE.
25.29    Unless otherwise specified, all sections in this article are effective on June 1, 2008.