SF 1298

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; changing certain voter registration procedures and
requirements, filing requirements, voting procedures, election day prohibitions,
and ballot preparation requirements; establishing a complaint and resolution
process; requiring challengers to prove residence in this state; requiring certain
notices; changing a petition requirement; imposing penalties; amending
Minnesota Statutes 2006, sections 201.016, subdivision 1a; 201.056; 201.061,
subdivisions 1, 3, by adding a subdivision; 201.071, subdivision 1; 201.171;
203B.07, subdivision 2; 203B.081; 203B.12, subdivision 4; 203B.13,
subdivisions 1, 2; 204B.09, subdivisions 1, 1a, 3; 204B.11, subdivision 2;
204B.16, subdivision 1; 204B.45, subdivisions 1, 2; 204C.06, subdivisions 1,
8; 204C.07, subdivision 3a, by adding a subdivision; 204D.09, subdivision 2;
204D.16; 205.10, by adding a subdivision; 205.13, by adding a subdivision;
205.16, subdivisions 2, 3, 4; 205A.05, by adding a subdivision; 205A.07,
subdivisions 3, 3a; 206.57, subdivision 5; 206.89, subdivisions 1, 5; 211A.02,
subdivision 2; 211A.05, subdivision 1; 211B.11, subdivision 1; 410.12,
subdivision 1; 447.32, subdivision 4; proposing coding for new law in Minnesota
Statutes, chapter 204B; repealing Minnesota Statutes 2006, sections 200.04;
201.061, subdivision 7; 201.096; 203B.02, subdivision 1a; 203B.13, subdivision
3a.

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

Section 1.

Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to
read:

Subd. 1a.

Violations; penalty.

(a) The county auditor shall mail a violation notice
to any voter who the county auditor can determine has voted deleted text begin in a precinct other than the
precinct in deleted text end new text begin using an address at new text end which the voter deleted text begin maintains deleted text end new text begin does not maintain new text end residence new text begin on
election day new text end . The notice must be in the form provided by the secretary of state. The
county auditor shall also change the status of the voter in the statewide registration system
to "challenged" and the voter shall be required to provide proof of residence to either the
county auditor or to the election judges in the voter's precinct before voting in the next
election. Any of the forms authorized by section 201.061 for registration at the polling
place may be used for this purpose.

(b) A voter who votes in a precinct other than the precinct in which the voter
maintains residence after receiving an initial violation notice as provided in this
subdivision is guilty of a petty misdemeanor.

(c) A voter who votes in a precinct other than the precinct in which the voter
maintains residence after having been found to have committed a petty misdemeanor
under paragraph (b) is guilty of a misdemeanor.

(d) Reliance by the voter on inaccurate information regarding the location of the
voter's polling place provided by the state, county, or municipality is an affirmative
defense to a prosecution under this subdivision.

Sec. 2.

Minnesota Statutes 2006, section 201.056, is amended to read:

201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.

An individual who is unable to write the individual's name shall be required to sign a
registration deleted text begin card by making the individual's mark deleted text end new text begin application in the manner provided by
section 645.44, subdivision 14 new text end . If the individual registers in person new text begin and signs by making
a mark new text end , the clerk or election judge accepting the registration shall certify the mark by
signing the individual's name. If the individual registers by mail new text begin and signs by making a
mark new text end , the mark shall be certified by having a voter registered in the individual's precinct
sign the individual's name and the voter's own name and give the voter's own address.

Sec. 3.

Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:

Subdivision 1.

Prior to election day.

At any time except during the 20 days
immediately preceding any regularly scheduled election, an eligible voter or any
individual who will be an eligible voter at the time of the next election may register to
vote in the precinct in which the voter maintains residence by completing a new text begin paper new text end voter
registration application as described in section 201.071, subdivision 1, and submitting it in
person or by mail to the county auditor of that county or to the Secretary of State's Office.
new text begin The secretary of state may maintain a Web site function that enables an individual who
has a Minnesota driver's license, identification card, or learner's permit to register online.
new text end A registration that is received no later than 5:00 p.m. on the 21st day preceding any
election shall be accepted. An improperly addressed or delivered registration application
shall be forwarded within two working days after receipt to the county auditor of the
county where the voter maintains residence. A state or local agency or an individual that
accepts completed voter registration applications from a voter must submit the completed
applications to the secretary of state or the appropriate county auditor within ten new text begin business
new text end days after the applications are dated by the voter.

For purposes of this section, mail registration is defined as a voter registration
application delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.

Sec. 4.

Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Prohibited methods of compensation; penalty. new text end

new text begin (a) No individual
may be compensated for the solicitation, collection, or acceptance of voter registration
applications from voters for submission to the secretary of state, a county auditor, or other
local election official in a manner in which payment is calculated by multiplying (1)
either a set or variable payment rate, by (2) the number of voter registration applications
solicited, collected, or accepted.
new text end

new text begin (b) No individual may be deprived of compensation or have compensation
automatically reduced exclusively for failure to solicit, collect, or accept a minimum
number of voter registration applications and no individual may receive additional
compensation for reaching or exceeding a minimum number of voter registration
applications.
new text end

new text begin (c) A person who violates this subdivision is guilty of a petty misdemeanor.
new text end

Sec. 5.

Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:

Subd. 3.

Election day registration.

(a) new text begin The definitions in this paragraph apply
to this subdivision:
new text end

new text begin (1) "current" means dated within 30 days before the election day or due within 30
days before or after the election;
new text end

new text begin (2) "photo identification" means identification that displays the name and photo
of an individual and that was issued by:
new text end

new text begin (i) another state for use as a driver's license or identification card; or
new text end

new text begin (ii) a Minnesota college, university, or other postsecondary educational institution or
high school as a student identification card;
new text end

new text begin (3) "residential facility" means transitional housing as defined in section 256E.33,
subdivision 1; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section 245A.02, subdivision 14; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless; and
new text end

new text begin (4) "utility bill" means a written or electronic bill for gas, electricity, telephone,
wireless telephone, cable television, satellite television, solid waste, water, sewer services,
or an itemized rent statement.
new text end

new text begin (b) new text end An individual who is eligible to vote may register on election day by appearing
in person at the polling place for the precinct in which the individual maintains residence,
by completing a registration application, making an oath in the form prescribed by the
secretary of state and providing proof of residence. An individual may prove residence for
purposes of registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant
to section 171.07;

(2) new text begin presenting a photo identification along with a current utility bill or lease that
shows the individual's name and valid residential address in the precinct;
new text end

new text begin (3) new text end presenting any document approved by the secretary of state as proper
identification;

deleted text begin (3) deleted text end new text begin (4) new text end presenting one of the following:

(i) a current valid student identification card from a postsecondary educational
institution in Minnesota, if a list of students from that institution has been prepared under
section 135A.17 and certified to the county auditor in the manner provided in rules of
the secretary of state; or

(ii) a current student fee statement that contains the student's valid address in the
precinct together with a picture identification card; or

deleted text begin (4) deleted text end new text begin (5) new text end having a voter who is registered to vote in the precinct, or who is an employee
employed by and working in a residential facility in the precinct and vouching for a
resident in the facility, sign an oath in the presence of the election judge vouching that the
voter or employee personally knows that the individual is a resident of the precinct.

A voter who has been vouched for on election day may not sign a proof of residence
oath vouching for any other individual on that election day. deleted text begin A voter who is registered to
vote in the precinct may sign up to 15 proof-of-residence oaths on any election day. This
limitation does not apply to an employee of a residential facility described in this clause.
deleted text end

deleted text begin The secretary of state shall provide a form for election judges to use in recording
the number of individuals for whom a voter signs proof-of-residence oaths on election
day. The form must include space for the maximum number of individuals for whom a
voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form
must include a statement that the voter is registered to vote in the precinct, personally
knows that the individual is a resident of the precinct, and is making the statement on
oath. The form must include a space for the voter's printed name, signature, telephone
number, and address.
deleted text end

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must
be attached to the voter registration application deleted text begin and the information on the oath must be
recorded on the records of both the voter registering on election day and the voter who
is vouching for the person's residence, and entered into the statewide voter registration
system by the county auditor when the voter registration application is entered into that
system deleted text end .

deleted text begin (b) The operator of a residential facility shall prepare a list of the names of its
employees currently working in the residential facility and the address of the residential
facility. The operator shall certify the list and provide it to the appropriate county auditor
no less than 20 days before each election for use in election day registration.
deleted text end

deleted text begin (c) "Residential facility" means transitional housing as defined in section deleted text begin 256E.33,
subdivision 1 deleted text end ; a supervised living facility licensed by the commissioner of health under
section deleted text begin 144.50, subdivision 6 deleted text end ; a nursing home as defined in section deleted text begin 144A.01, subdivision
5 deleted text end ; a residence registered with the commissioner of health as a housing with services
establishment as defined in section deleted text begin 144D.01, subdivision 4 deleted text end ; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as
defined in section deleted text begin 245A.02, subdivision 14 deleted text end ; a residential facility for persons with a
developmental disability licensed by the commissioner of human services under section
; group residential housing as defined in section deleted text begin 256I.03, subdivision 3 deleted text end ; a shelter
for battered women as defined in section deleted text begin 611A.37, subdivision 4 deleted text end ; or a supervised
publicly or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.
deleted text end

new text begin (c) An employee of a residential facility must prove employment with that
facility by presenting a current identification card issued by the facility or other official
documentation verifying the employee's current status with the facility on election day to
be eligible to vouch for individuals residing in that facility.
new text end

(d) For tribal band members, an individual may prove residence for purposes of
registering by:

(1) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, address, signature, and picture of the individual; or

(2) presenting an identification card issued by the tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
contains the name, signature, and picture of the individual and also presenting one of the
documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 6.

Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:

Subdivision 1.

Form.

A voter registration application must deleted text begin be of suitable size and
weight for mailing and deleted text end contain spaces for the following required information: voter's first
name, middle name, and last name; voter's previous name, if any; voter's current address;
voter's previous address, if any; voter's date of birth; voter's municipality and county of
residence; voter's telephone number, if provided by the voter; date of registration; current
and valid Minnesota driver's license number or Minnesota state identification number,
or if the voter has no current and valid Minnesota driver's license or Minnesota state
identification, new text begin and new text end the last four digits of the voter's Social Security number deleted text begin ; and voter's
signature deleted text end . The registration application may include the voter's e-mail address, if provided
by the voter, and the voter's interest in serving as an election judge, if indicated by the
voter. The application must also contain the following certification of voter eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my
right to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) have the right to vote because, if I have been convicted of a felony, my felony
sentence has expired (been completed) or I have been discharged from my sentence; and

(8) have read and understand the following statement: that giving false information
is a felony punishable by not more than five years imprisonment or a fine of not more
than $10,000, or both."

The certification must include boxes for the voter to respond to the following
questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.

new text begin A paper voter registration application must include space for the voter's signature
and be of suitable size and weight for mailing.
new text end

Sec. 7.

Minnesota Statutes 2006, section 201.171, is amended to read:

201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
REGISTRATION REMOVED.

Within six weeks after every election, the county auditor shall post the voting
history for every person who voted in the election. After the close of the calendar year, the
secretary of state shall determine if any registrants have not voted during the preceding
deleted text begin four deleted text end new text begin six new text end years. The secretary of state shall perform list maintenance by changing the status
of those registrants to "inactive" in the statewide registration system. The list maintenance
performed must be conducted in a manner that ensures that the name of each registered
voter appears in the official list of eligible voters in the statewide registration system.
A voter must not be removed from the official list of eligible voters unless the voter is
not eligible or is not registered to vote. List maintenance must include procedures for
eliminating duplicate names from the official list of eligible voters.

The secretary of state shall also prepare a report to the county auditor containing the
names of all registrants whose status was changed to "inactive."

Registrants whose status was changed to "inactive" must register in the manner
specified in section 201.054 before voting in any primary, special primary, general, school
district, or special election, as required by section 201.018.

Although not counted in an election, a late new text begin or rejected new text end absentee new text begin or mail new text end ballot must
be considered a vote for the purpose of continuing registration.

Sec. 8.

Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:

Subd. 2.

Design of envelopes.

The return envelope shall be of sufficient size
to conveniently enclose and contain the ballot envelope and a voter registration deleted text begin card deleted text end
new text begin application new text end folded along its perforations. The return envelope shall be designed to open
on the left-hand end. deleted text begin Notwithstanding any rule to the contrary, the return envelope must
be designed in one of the following ways:
deleted text end

deleted text begin (1) it must be of sufficient size to contain an additional envelope that when sealed,
conceals the signature, identification, and other information; or
deleted text end

deleted text begin (2) it must provide an additional flap that when sealed, conceals the signature,
identification, and other information. Election officials may open the flap or the additional
envelope at any time after receiving the returned ballot to inspect the returned certificate
for completeness or to ascertain other information. deleted text end A certificate of eligibility to vote by
absentee ballot shall be printed on the back of the envelope. The certificate shall contain a
statement to be signed and sworn by the voter indicating that the voter meets all of the
requirements established by law for voting by absentee ballot. The certificate shall also
contain a statement signed by a person who is registered to vote in Minnesota or by a
notary public or other individual authorized to administer oaths stating that:

(a) the ballots were displayed to that individual unmarked;

(b) the voter marked the ballots in that individual's presence without showing how
they were marked, or, if the voter was physically unable to mark them, that the voter
directed another individual to mark them; and

(c) if the voter was not previously registered, the voter has provided proof of
residence as required by section 201.061, subdivision 3.

The county auditor or municipal clerk shall affix first class postage to the return
envelopes.

Sec. 9.

Minnesota Statutes 2006, section 203B.081, is amended to read:

203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.

An eligible voter may vote by absentee ballot during the 30 days before the election
in the office of the county auditor and at any other polling place designated by the county
auditor. The county auditor shall make such designations at least 90 days before the
election. At least one voting booth new text begin and at least one electronic ballot marker new text end in each polling
place must be made available by the county auditor for this purpose.

Sec. 10.

Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:

Subd. 4.

Placement in container; opening and counting of ballots.

The ballot
envelopes from return envelopes marked "Accepted" shall be placed by the election
judges in a separate absentee ballot container. The container and each ballot envelope may
be opened only after deleted text begin the last regular mail delivery by the United States postal service deleted text end
new text begin noon new text end on election day. The ballots shall then be initialed by the election judges in the
same manner as ballots delivered by them to voters in person and shall be deposited in
the appropriate ballot box.

If more than one ballot of any kind is enclosed in the ballot envelope, none of the
ballots of that kind shall be counted but all ballots of that kind shall be returned in the
manner provided by section 204C.25 for return of spoiled ballots.

Sec. 11.

Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The governing body of any county deleted text begin that has
established a counting center as provided in section 206.85, subdivision 2 deleted text end , any
municipality, or any school district may by ordinance or resolution, authorize an absentee
ballot board. The board shall consist of a sufficient number of election judges appointed as
provided in sections 204B.19 to 204B.22.

Sec. 12.

Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:

Subd. 2.

Duties.

The absentee ballot board may deleted text begin do any of the following:
deleted text end

deleted text begin (a) receive from each precinct in the municipality or school district all ballot
envelopes marked "Accepted" by the election judges; provided that the governing body of
a municipality or the school board of a school district may authorize the board to deleted text end examine
all return absentee ballot envelopes and deleted text begin receive deleted text end new text begin accept new text end or reject absentee ballots in the
manner provided in section 203B.12 deleted text begin ; deleted text end

deleted text begin (b) open and count the absentee ballots, tabulating the vote in a manner that indicates
each vote of the absentee voter and the total absentee vote cast for each candidate or
question in each precinct; or
deleted text end

deleted text begin (c) report the vote totals tabulated for each precinct deleted text end .

The absentee ballot board may begin the process of examining the return envelopes
and marking them "accepted" or "rejected" at any time during the 30 days before the
election. If an envelope has been rejected at least five days before the election, the
ballots in the envelope must be considered spoiled ballots and the official in charge of the
absentee ballot board shall provide the voter with a replacement absentee ballot and return
envelope in place of the spoiled ballot. deleted text begin The secretary of state shall provide samples of the
replacement ballot and return envelope for use by the county auditor.
deleted text end

Sec. 13.

Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:

Subdivision 1.

Candidates in state and county general elections.

(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than 70 days nor less than 56 days before the state primary. The affidavit may
be prepared and signed at any time between 60 days before the filing period opens and
the last day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to administer oaths
under section 358.10.

(c) This provision does not apply to candidates for presidential elector nominated
by major political parties. Major party candidates for presidential elector are certified
under section 208.03. Other candidates for presidential electors may file petitions on or
before the state primary day pursuant to section 204B.07 new text begin , but no earlier than 70 days
before the state primary new text end . Nominating petitions to fill vacancies in nominations shall be
filed as provided in section 204B.13. No affidavit or petition shall be accepted later than
5:00 p.m. on the last day for filing.

(d) Affidavits and petitions for new text begin county new text end offices deleted text begin to be voted on in only one county shall deleted text end
new text begin must new text end be filed with the county auditor of that county. Affidavits and petitions for new text begin federal
new text end offices deleted text begin to be voted on in more than one county shall deleted text end new text begin must new text end be filed with the secretary of
state. new text begin Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate resides.
new text end

Sec. 14.

Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:

Subd. 1a.

Absent candidates.

new text begin (a) new text end A candidate for special district, county, state,
or federal office who will be absent from the state during the filing period may submit
a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary
petitions in person to the filing officer. The candidate shall state in writing the reason for
being unable to submit the affidavit during the filing period. The affidavit, filing fee,
and petitions must be submitted to the filing officer during the seven days immediately
preceding the candidate's absence from the state. Nominating petitions may be signed
during the 14 days immediately preceding the date when the affidavit of candidacy is filed.

new text begin (b) In extraordinary circumstances beyond the candidate's control that prevent
the candidate from filing an affidavit of candidacy authenticated by the candidate's
handwritten or other signature meeting the requirements of section 645.44, subdivision 14,
the affidavit of candidacy may be filed electronically with the secretary of state along with
a written statement of the extraordinary circumstances. The affidavit and statement may be
authenticated either by the electronic facsimile signature of the candidate, by an electronic
signature consisting of a password assigned by the secretary of state, or by another form of
electronic signature approved by the secretary of state. The secretary of state may adopt
rules governing the electronic filing of an affidavit of candidacy under this paragraph.
new text end

Sec. 15.

Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:

Subd. 3.

Write-in candidates.

(a) A candidate for new text begin county, new text end state new text begin , new text end or federal office
who wants write-in votes for the candidate to be counted must file a written request with
the filing office for the office sought no later than the deleted text begin fifth deleted text end new text begin seventh new text end day before the general
election. The filing officer shall provide copies of the form to make the request.

(b) A candidate for president of the United States who files a request under this
subdivision must include the name of a candidate for vice-president of the United States.
The request must also include the name of at least one candidate for presidential elector.
The total number of names of candidates for presidential elector on the request may not
exceed the total number of electoral votes to be cast by Minnesota in the presidential
election.

(c) A candidate for governor who files a request under this subdivision must include
the name of a candidate for lieutenant governor.

Sec. 16.

Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:

Subd. 2.

Petition in place of filing fee.

At the time of filing an affidavit of
candidacy, a candidate may present a petition in place of the filing fee. new text begin The petition may be
circulated from the date of precinct caucuses to the end of the period for filing affidavits of
candidacy. new text end The petition may be signed by any individual eligible to vote for the candidate.
A nominating petition filed pursuant to section 204B.07 or 204B.13, subdivision 4, is
effective as a petition in place of a filing fee if the nominating petition includes a prominent
statement informing the signers of the petition that it will be used for that purpose.

The number of signatures on a petition in place of a filing fee shall be as follows:

(a) for a state office voted on statewide, or for president of the United States, or
United States senator, 2,000;

(b) for a congressional office, 1,000;

(c) for a county or legislative office, or for the office of district judge, 500; and

(d) for any other office which requires a filing fee as prescribed by law, municipal
charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
votes cast in the municipality, ward, or other election district at the preceding general
election at which that office was on the ballot.

An official with whom petitions are filed shall make sample forms for petitions in
place of filing fees available upon request.

Sec. 17.

Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:

Subdivision 1.

Authority; location.

The governing body of each municipality and
of each county with precincts in unorganized territory shall designate by ordinance or
resolution a polling place for each election precinct. Polling places must be designated
and ballots must be distributed so that no one is required to go to more than one polling
place to vote in a school district and municipal election held on the same day. The polling
place for a precinct in a city or in a school district located in whole or in part in the
metropolitan area defined by section 200.02, subdivision 24, shall be located within the
boundaries of the precinct or within deleted text begin 3,000 feet deleted text end new text begin one mile new text end of one of those boundaries unless
a single polling place is designated for a city pursuant to section 204B.14, subdivision
2, or a school district pursuant to section 205A.11. The polling place for a precinct in
unorganized territory may be located outside the precinct at a place which is convenient to
the voters of the precinct. If no suitable place is available within a town or within a school
district located outside the metropolitan area defined by section 200.02, subdivision 24,
then the polling place for a town or school district may be located outside the town or
school district within five miles of one of the boundaries of the town or school district.

Sec. 18.

new text begin [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin An eligible voter may file a complaint to seek the resolution
of any of the following conditions that have occurred or are about to occur:
new text end

new text begin (1) voter records in the statewide registration system are not maintained by the
secretary of state or a county auditor in the manner provided in chapter 201;
new text end

new text begin (2) voters are unable to register to vote in the manner provided by section 201.061;
new text end

new text begin (3) a voting system, including an electronic ballot marker, meeting the requirements
of section 206.80 is not available for use by voters either casting an absentee ballot in
person at the locations designated by the county auditor or local election official, or for
voting at any polling place on election day; or
new text end

new text begin (4) the secretary of state, county auditor, or local election official has failed to carry
out a duty required by Title III of the Help America Vote Act of 2002.
new text end

new text begin A complaint against a municipal or school district clerk must be filed with the county
auditor of the county in which the action has occurred or is about to occur. A complaint
against a county auditor must be filed with the secretary of state. A complaint against the
secretary of state must be filed with the Office of Administrative Hearings. The secretary
of state shall provide a standard form for a complaint under this section. The form must
provide space for the complainant to specify the legal basis for the complaint. The
proceedings authorized by this section are not subject to the requirements of chapter 14.
new text end

new text begin Subd. 2. new text end

new text begin Notice of complaint. new text end

new text begin The official with whom the complaint is filed must,
within seven days after the complaint was filed, provide written notice of the complaint,
including a copy of the complaint, to the official against whom the complaint has been
made.
new text end

new text begin Subd. 3. new text end

new text begin Response. new text end

new text begin Within 14 days after the notice of complaint is received, the
official complained against must respond in writing to the complainant and state the
manner in which the respondent proposes to resolve the complaint.
new text end

new text begin Subd. 4. new text end

new text begin Hearing. new text end

new text begin If the complainant believes the response does not resolve the
complaint, the complainant may file with the official with whom the complaint was
filed a request for a hearing. The request must state the objection to the response and
propose to resolve the complaint in a way that is consistent with the Minnesota Election
Law. The official with whom the complaint was filed must rule on the complaint within
14 days after the hearing.
new text end

new text begin Subd. 5. new text end

new text begin Appeal. new text end

new text begin No later than 30 days after the ruling, the complainant may appeal
the ruling. If the complaint was filed against a municipal clerk, school district clerk, or
county auditor, the appeal must be filed with the secretary of state. If the complaint was
filed against the secretary of state, the appeal must be filed with the Ramsey County
District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the
secretary of state or district court may affirm, reverse, or modify the ruling and give
appropriate instructions, as needed, to the secretary of state, county auditor, or local
election official to resolve the complaint.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 19.

Minnesota Statutes 2006, section 204B.45, subdivision 1, is amended to read:

Subdivision 1.

Authorization.

A municipality having fewer than deleted text begin 400 deleted text end new text begin 1,000
new text end registered voters on June 1 of an election year and not located in a metropolitan county as
defined by section 473.121 may provide balloting by mail at any municipal, county, or
state election with no polling place other than the office of the auditor or clerk or other
locations designated by the auditor or clerk. The governing body may apply to the county
auditor for permission to conduct balloting by mail. The county board may provide for
balloting by mail in unorganized territory. The governing body of any municipality may
designate for mail balloting any precinct having fewer than 50 registered voters, subject to
the approval of the county auditor.

Voted ballots may be returned in person to any location designated by the county
auditor or municipal clerk.

Sec. 20.

Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:

Subd. 2.

Procedure.

Notice of the election and the special mail procedure must be
given at least six weeks prior to the election. deleted text begin No earlier deleted text end new text begin Not more new text end than deleted text begin 20 deleted text end new text begin 30 new text end days deleted text begin or deleted text end new text begin nor
new text end later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable
mail to all voters registered in the deleted text begin town deleted text end new text begin municipality new text end or unorganized territory. new text begin No later
than 14 days before the election, the auditor must make a subsequent mailing of ballots to
those voters who register to vote after the initial mailing but before the 20th day before the
election. new text end Eligible voters not registered at the time the ballots are mailed may apply for
ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided,
must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or
in person to the office of the auditor or clerk. new text begin The auditor or clerk may appoint election
judges to examine the return envelopes and mark them "accepted" or "rejected" during the
30 days before the election. If an envelope has been rejected at least five days before the
election, the ballots in the envelope must be considered spoiled ballots and the auditor
or clerk shall provide the voter with a replacement ballot and return envelope in place of
the spoiled ballot. new text end The costs of the mailing shall be paid by the election jurisdiction in
which the voter resides. Any ballot received by 8:00 p.m. on the day of the election
must be counted.

Sec. 21.

Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:

Subdivision 1.

Lingering near polling place.

An individual shall be allowed to go
to and from the polling place for the purpose of voting without unlawful interference. No
one except an election official or an individual who is waiting to register or to vote shall
stand within 100 feet of the deleted text begin entrance to a polling place. The entrance to a polling place
is the doorway or point of entry leading into the room or area where voting is occurring deleted text end new text begin
building in which a polling place is located new text end .

Sec. 22.

Minnesota Statutes 2006, section 204C.06, subdivision 8, is amended to read:

Subd. 8.

Access for news media.

A news media representative may enter a polling
place during voting hours only to observe the voting process. A media representative must
present photo identification to the head election judge upon arrival at the polling place,
along with either a recognized media credential or written statement from a local election
official attesting to the media representative's credentials. A media representative must not:

(1) approach within six feet of a voter;

(2) converse with a voter while in the polling place;

(3) make a list of persons voting or not voting; deleted text begin or
deleted text end

(4) new text begin photograph a voter if the voter objects; or
new text end

new text begin (5) new text end interfere with the voting process.

Sec. 23.

Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:

Subd. 3a.

Residence requirement.

A challenger must be a resident of this state. new text begin
Appointed challengers seeking admission to a polling place to serve in that capacity must
prove their status as a resident of this state by presenting one of the documents listed in
section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not
prove residence in the precinct in which they seek to act as a challenger.
new text end

Sec. 24.

Minnesota Statutes 2006, section 204C.07, is amended by adding a
subdivision to read:

new text begin Subd. 3b. new text end

new text begin Oath to obey the law. new text end

new text begin A challenger must state under oath that the
challenger understands and will abide by the laws and rules governing challengers as
described in this section and in section 204C.12 and governing challenges to voters as
described in section 204C.12.
new text end

Sec. 25.

Minnesota Statutes 2006, section 204D.09, subdivision 2, is amended to read:

Subd. 2.

Sample ballot.

At least two weeks before the state primary the county
auditor shall prepare deleted text begin a deleted text end sample state partisan primary deleted text begin ballot deleted text end new text begin ballots new text end and deleted text begin a deleted text end sample state and
county nonpartisan primary deleted text begin ballot deleted text end new text begin ballots showing the offices and questions to be voted on
in each precinct in the county and make them available new text end for public inspection new text begin in the county
auditor's office new text end . deleted text begin The names of all of the candidates to be voted for in the county shall be
placed on the sample ballots, with the names of the candidates for each office arranged
alphabetically according to the surname. Only one sample state partisan primary ballot
and one sample state and county nonpartisan ballot shall be prepared for any county. The
county auditor shall post the sample ballots in a conspicuous place in the auditor's office
and shall cause them to be published at least one week before the state primary in at least
one newspaper of general circulation in the county. deleted text end new text begin The county auditor must also either
publish the sample ballot for each precinct electronically on the county's Web site and on
the Web site of at least one newspaper of general circulation in the county at least two
weeks before the primary or publish a single sample ballot in at least one newspaper of
general circulation in the county at least one week before the primary. If the sample ballots
are posted on the Web sites, the county auditor must publish a notice in a newspaper of
general circulation in the county that the sample ballots for the election are posted and
the Web site addresses where they are posted. The published sample ballot must list the
candidates in base rotation order for every office on the ballot and include all questions
that will appear on the ballot.
new text end

Sec. 26.

Minnesota Statutes 2006, section 204D.16, is amended to read:

204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING;
PUBLICATION.

new text begin At least new text end two weeks before the state general election the county auditor shall prepare
sample copies of the white and canary ballots deleted text begin and shall post copies of these sample ballots
and a sample of the pink ballot in the auditor's office for public inspection. No earlier than
15 days and no later than two days before the state general election deleted text end new text begin for each precinct in
the county and make them available for public inspection in the county auditor's office. new text end
The county auditor shall deleted text begin cause the sample white and canary ballots to be published deleted text end new text begin also
either publish the sample ballot for each precinct electronically on the county's Web site
and on the Web site of at least one newspaper of general circulation in the county at
least two weeks before the general election or publish a single sample ballot new text end in at least
one newspaper of general circulation in the county new text begin at least one week before the general
election. If the sample ballots are posted on the Web sites, the county auditor must publish
a notice in a newspaper of general circulation in the county that the sample ballots for
the election are posted and the Web site addresses where they are posted. The published
sample ballot must list the candidates in base rotation order for every office on the ballot
and include all questions that will appear on the ballot new text end .

Sec. 27.

Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Cancellation. new text end

new text begin A special election ordered by the governing body of the
municipality on its own motion under subdivision 1 may be canceled by motion of the
governing body, but not less than 46 days before the election.
new text end

Sec. 28.

Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Write-in candidates. new text end

new text begin A candidate for a city office who wants write-in
votes for the candidate to be counted must file a written request with the filing officer for
the office sought no later than the seventh day before the general election. The filing
officer must provide copies of the form to make the request.
new text end

Sec. 29.

Minnesota Statutes 2006, section 205.16, subdivision 2, is amended to read:

Subd. 2.

Sample ballot, publication.

For every municipal election, the municipal
clerk shall deleted text begin , at least one week before the election, deleted text end new text begin either publish the sample ballot for each
precinct electronically on the municipality's Web site and on the Web site of at least
one newspaper of general circulation in the municipality at least two weeks before the
election or new text end publish a new text begin single new text end sample ballot in deleted text begin the official deleted text end new text begin at least one new text end newspaper of deleted text begin the
municipality, except that deleted text end new text begin general circulation in the municipality at least one week before
the election. If the sample ballots are posted on the Web sites, the municipal clerk must
publish a notice in a newspaper of general circulation in the municipality that the sample
ballots for the election are posted and the Web site addresses where they are posted. The
published sample ballot must list the candidates in base rotation order for every municipal
office on the ballot and include all municipal questions that will appear on the ballot. new text end The
governing body of a fourth class city or a town not located within a metropolitan county as
defined in section 473.121 may dispense with publication.

Sec. 30.

Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:

Subd. 3.

Sample ballot, posting.

For every municipal election, the municipal clerk
shall at least deleted text begin four days deleted text end new text begin two weeks new text end before the election deleted text begin post deleted text end new text begin prepare new text end a sample ballot new text begin for each
precinct in the municipality, make them available for public inspection new text end in the clerk's office
deleted text begin for public inspection deleted text end , and post a sample ballot in each polling place on election day.

Sec. 31.

Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:

Subd. 4.

Notice to auditor.

At least 53 days prior to every municipal election, the
municipal clerk shall provide a written notice to the county auditor, including the date of
the election, the offices to be voted on at the election, and the title and language for each
ballot question to be voted on at the election. new text begin Not less than 46 days before the election, the
municipal clerk must provide written notice to the county auditor of any special election
canceled under section 205.10, subdivision 6.
new text end

Sec. 32.

Minnesota Statutes 2006, section 205A.05, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Cancellation. new text end

new text begin A special election ordered by the school board on its own
motion under subdivision 1 may be canceled by motion of the school board, but not less
than 46 days before the election.
new text end

Sec. 33.

Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:

Subd. 3.

Notice to auditor.

At least 53 days prior to every school district election,
the school district clerk shall provide a written notice to the county auditor of each county
in which the school district is located. The notice must include the date of the election, the
offices to be voted on at the election, and the title and language for each ballot question to
be voted on at the election. For the purposes of meeting the timelines of this section, in
a bond election, a notice, including a proposed question, may be provided to the county
auditor prior to receipt of a review and comment from the commissioner of education and
prior to actual initiation of the election. new text begin Not less than 46 days before the election, the
school district clerk must provide written notice to the county auditor of any special
election canceled under section 205A.05, subdivision 3.
new text end

Sec. 34.

Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:

Subd. 3a.

Notice to commissioner of education.

At least 49 days prior to every
school district election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58,
the school district clerk shall provide a written notice to the commissioner of education.
The notice must include the date of the election and the title and language for each ballot
question to be voted on at the election. new text begin Not less than 46 days before the election, the
school district clerk must provide a written notice to the commissioner of education of
any special election canceled under section 205A.05, subdivision 3. new text end The certified vote
totals for each ballot question shall be provided in a written notice to the commissioner
in a timely manner.

Sec. 35.

Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:

Subd. 5.

Voting system for disabled voters.

In federal and state elections held after
December 31, 2005, deleted text begin and deleted text end in county, deleted text begin municipal deleted text end new text begin city new text end , and school district elections held after
December 31, 2007 new text begin , and in township elections held after December 31, 2009 new text end , the voting
method used in each polling place must include a voting system that is accessible for
individuals with disabilities, including nonvisual accessibility for the blind and visually
impaired in a manner that provides the same opportunity for access and participation,
including privacy and independence, as for other voters.

Sec. 36.

Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:

Subdivision 1.

Definition.

For purposes of this section "postelection review official"
means the deleted text begin election administration official who is responsible for the conduct of elections
in a precinct selected for review under this section deleted text end new text begin county auditor, unless the county
auditor designates the municipal clerk as the "postelection review official" within 24 hours
after the canvass of the state general election new text end .

Sec. 37.

Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:

Subd. 5.

Additional review.

(a) If the postelection review new text begin in one of the reviewed
precincts new text end reveals a difference greater than one-half of one percent, new text begin or greater than two
votes in a precinct where 400 or fewer voters cast ballots, new text end the postelection review official
must, within two days, conduct an additional review of new text begin the races indicated in subdivision 3
in new text end at least three precincts in the same jurisdiction where the discrepancy was discovered. If
all precincts in that jurisdiction have been reviewed, the county auditor must immediately
publicly select by lot at least three additional precincts for review. The postelection review
official must complete the additional review within two days after the precincts are
selected and report the results immediately to the county auditor. If the second review new text begin in
any of the reviewed precincts new text end also indicates a difference in the vote totals compiled by the
voting system that is greater than one-half of one percent from the result indicated by the
postelection review, new text begin or greater than two votes in a precinct where 400 or fewer voters cast
ballots, new text end the county auditor must conduct a review of the ballots from all the remaining
precincts in the county new text begin for the races indicated in subdivision 3 new text end . This review must be
completed no later than six weeks after the state general election.

(b) If the results from the countywide reviews from one or more counties comprising
in the aggregate more than ten percent of the total number of persons voting in the election
clearly indicate that an error in vote counting has occurred, the postelection review official
must conduct a manual recount of all the ballots in the district for the affected office. The
recount must be completed and the results reported to the appropriate canvassing board no
later than ten weeks after the state general election.

Sec. 38.

Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:

Subd. 2.

Information required.

The report to be filed by a candidate or committee
must include:

(1) the name of the candidate or ballot question;

(2) the new text begin printed new text end name deleted text begin and deleted text end new text begin , new text end address new text begin , phone number, signature, and e-mail address, if
available, new text end of the person responsible for filing the report;

(3) the total amount of receipts and expenditures for the period from the last previous
report to five days before the current report is due;

(4) the amount, date, and purpose for each expenditure; and

(5) the name, address, and employer, or occupation if self-employed, of any
individual or committee that during the year has made one or more contributions that in the
aggregate are deleted text begin equal to or deleted text end greater than $100, and the amount and date of each contribution.

new text begin The filing officer must restrict public access to the address of any individual who has
made a contribution greater than $100 and who has filed with the filing officer a written
statement signed by the individual that withholding the individual's address from the
financial report is required for the safety of the individual or the individual's family.
new text end

Sec. 39.

Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:

Subdivision 1.

Penalty.

A candidate who intentionally fails to file a report required
by section 211A.02 new text begin or a certification required by this section new text end is guilty of a misdemeanor.
The treasurer of a committee formed to promote or defeat a ballot question who
intentionally fails to file a report required by section 211A.02 new text begin or a certification required
by this section new text end is guilty of a misdemeanor. Each candidate or treasurer of a committee
formed to promote or defeat a ballot question shall certify to the filing officer that all
reports required by section 211A.02 have been submitted to the filing officer or that the
candidate or committee has not received contributions or made disbursements exceeding
$750 in the calendar year. The certification shall be submitted to the filing officer no
later than seven days after the general or special election. The secretary of state shall
prepare blanks for this certification. An officer who issues a certificate of election to a
candidate who has not certified that all reports required by section 211A.02 have been
filed is guilty of a misdemeanor.

Sec. 40.

Minnesota Statutes 2006, section 211B.11, subdivision 1, is amended to read:

Subdivision 1.

Soliciting near polling places.

A person may not display campaign
material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
a polling place or within 100 feet of the building in which a polling place is deleted text begin situated, or
anywhere on the public property on which a polling place is situated deleted text end new text begin located new text end , on primary
or election day to vote for or refrain from voting for a candidate or ballot question. A
person may not provide political badges, political buttons, or other political insignia to be
worn at or about the polling place on the day of a primary or election. A political badge,
political button, or other political insignia may not be worn at or about the polling place on
primary or election day. This section applies to areas established by the county auditor or
municipal clerk for absentee voting as provided in chapter 203B.

The secretary of state, county auditor, municipal clerk, or school district clerk may
provide stickers which contain the words "I VOTED" and nothing more. Election judges
may offer a sticker of this type to each voter who has signed the polling place roster.

Sec. 41.

Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:

Subdivision 1.

Proposals.

The charter commission may propose amendments to
such charter and shall do so upon the petition of voters equal in number to five percent of
the total votes cast at the last previous state general election in the city. Proposed charter
amendments must be submitted at least 12 weeks before the general election. new text begin Petitions
may be signed no earlier than 26 weeks before the general election. new text end Only registered
voters are eligible to sign the petition. All petitions circulated with respect to a charter
amendment shall be uniform in character and shall have attached thereto the text of the
proposed amendment in full; except that in the case of a proposed amendment containing
more than 1,000 words, a true and correct copy of the same may be filed with the city
clerk, and the petition shall then contain a summary of not less than 50 nor more than 300
words setting forth in substance the nature of the proposed amendment. Such summary
shall contain a statement of the objects and purposes of the amendment proposed and an
outline of any proposed new scheme or frame work of government and shall be sufficient
to inform the signers of the petition as to what change in government is sought to be
accomplished by the amendment. The summary, together with a copy of the proposed
amendment, shall first be submitted to the charter commission for its approval as to form
and substance. The commission shall within ten days after such submission to it, return
the same to the proposers of the amendment with such modifications in statement as it
may deem necessary in order that the summary may fairly comply with the requirements
above set forth.

Sec. 42.

Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:

Subd. 4.

Candidates; ballots; certifying election.

A person who wants to be a
candidate for the hospital board shall file an affidavit of candidacy for the election either
as member at large or as a member representing the city or town where the candidate
resides. The affidavit of candidacy must be filed with the city or town clerk not more than
70 days nor less than 56 days before the first Tuesday after the first Monday in November
of the year in which the general election is held. The city or town clerk must forward the
affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk
of the most populous city or town immediately after the last day of the filing period. A
candidate may withdraw from the election by filing an affidavit of withdrawal with the
clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits
of candidacy. new text begin A candidate for a hospital district office who wants write-in votes for the
candidate to be counted must file a written request with the filing officer for the office
sought no later than the seventh day before the general election. The filing officer must
provide copies of the form to make the request.
new text end

Voting must be by secret ballot. The clerk shall prepare, at the expense of the
district, necessary ballots for the election of officers. Ballots must be printed on tan paper
and prepared as provided in the rules of the secretary of state. The ballots must be marked
and initialed by at least two judges as official ballots and used exclusively at the election.
Any proposition to be voted on may be printed on the ballot provided for the election
of officers. The hospital board may also authorize the use of voting systems subject to
chapter 206. Enough election judges may be appointed to receive the votes at each
polling place. The election judges shall act as clerks of election, count the ballots cast,
and submit them to the board for canvass.

After canvassing the election, the board shall issue a certificate of election to the
candidate who received the largest number of votes cast for each office. The clerk shall
deliver the certificate to the person entitled to it in person or by certified mail. Each person
certified shall file an acceptance and oath of office in writing with the clerk within 30
days after the date of delivery or mailing of the certificate. The board may fill any office
as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
qualification is effective if made before the board acts to fill the vacancy.

Sec. 43. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 200.04; 201.061, subdivision 7; 201.096;
203B.02, subdivision 1a; and 203B.13, subdivision 3a, new text end new text begin are repealed.
new text end