SF 455

1st Unofficial Engrossment - 89th Legislature (2015 - 2016) Posted on 05/16/2015 08:05pm

1.1A bill for an act

1.2relating to elections; modifying various provisions related to elections
1.3administration, including provisions related to school boards, voters, ballots,
1.4registration, violations, absentee ballots, candidates, vacancies, recounts,
1.5filing fees, and precincts; modifying military and overseas absentee voting
1.6provisions; providing the Uniform Faithful Presidential Electors Act; making
1.7various technical changes;amending Minnesota Statutes 2014, sections 123B.09,
1.8subdivision 1; 200.02, subdivisions 7, 23, by adding subdivisions; 201.071,
1.9subdivision 1; 201.158; 201.275; 203B.01, subdivision 3; 203B.07, subdivision
1.101; 203B.08, subdivisions 1, 3; 203B.121, subdivision 2; 203B.16, subdivisions 1,
1.112; 203B.17, subdivisions 1, 2; 204B.06, subdivision 1b; 204B.07, subdivision 2;
1.12204B.13, subdivisions 1, 2, 5; 204B.131, subdivision 1; 204B.19, subdivisions 2,
1.136; 204B.36, subdivisions 1, 2, 3, 4; 204B.44; 204B.45, subdivision 2; 204C.04,
1.14subdivision 2; 204C.08, subdivision 1d; 204C.13, subdivisions 2, 3, 5; 204C.22,
1.15subdivisions 3, 4, 7, 10; 204C.35, subdivisions 1, 2; 204C.36, subdivisions 1,
1.162; 204C.40, subdivision 2; 204D.11, subdivision 4; 204D.27, subdivision 11;
1.17205.13, subdivision 3; 206.90, subdivision 6; 208.02; 208.03; 208.06; 209.01,
1.18subdivision 2; 209.021, subdivisions 2, 3; 209.09, subdivision 2; 365.22,
1.19subdivisions 2, 3; 367.31, subdivision 4; 368.85, subdivision 4; 376.04; 412.551,
1.20subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 208;
1.21repealing Minnesota Statutes 2014, sections 204C.13, subdivision 4; 208.07;
1.22208.08; 383A.555.
1.23BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.24ARTICLE 1

1.25ELECTION ADMINISTRATION

1.26    Section 1. Minnesota Statutes 2014, section 123B.09, subdivision 1, is amended to read:
1.27    Subdivision 1. School board membership. The care, management, and control of
1.28independent districts is vested in a board of directors, to be known as the school board.
1.29The term of office of a member shall be four years commencing on the first Monday in
1.30January and until a successor qualifies. The membership of the board shall consist of six
1.31elected directors together with such ex officio member as may be provided by law. The
2.1board may submit to the electors at any school election the question whether the board
2.2shall consist of seven members. If a majority of those voting on the proposition favor a
2.3seven-member board, a seventh member shall be elected at the next election of directors
2.4for a four-year term and thereafter the board shall consist of seven members.
2.5Those districts with a seven-member board may submit to the electors at any school
2.6election at least 150 days before the next election of three members of the board the
2.7question whether the board shall consist of six members. If a majority of those voting on
2.8the proposition favor a six-member board instead of a seven-member board, two three
2.9members instead of three four members shall be elected at the next election of the board of
2.10directors and thereafter the board shall consist of six members.

2.11    Sec. 2. Minnesota Statutes 2014, section 200.02, subdivision 7, is amended to read:
2.12    Subd. 7. Major political party. (a) "Major political party" means a political party
2.13that maintains a party organization in the state, political division or precinct in question
2.14and that has presented at least one candidate for election to the office of:
2.15(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
2.16general at the last preceding state general election for those offices; or
2.17(2) presidential elector or U.S. senator at the last preceding state general election for
2.18presidential electors; and
2.19whose candidate received votes in each county in that election and received votes
2.20from not less than five percent of the total number of individuals who voted in that election.
2.21(b) "Major political party" also means a political party that maintains a party
2.22organization in the state, political subdivision, or precinct in question and that has
2.23presented at least 45 candidates for election to the office of state representative, 23
2.24candidates for election to the office of state senator, four candidates for election to
2.25the office of representative in Congress, and one candidate for election to each of the
2.26following offices: governor and lieutenant governor, attorney general, secretary of state,
2.27and state auditor, at the last preceding state general election for those offices.
2.28(c) "Major political party" also means a political party that maintains a party
2.29organization in the state, political subdivision, or precinct in question and whose members
2.30present to the secretary of state at any time before the close of filing for the state partisan
2.31primary ballot a petition for a place on the state partisan primary ballot, which petition
2.32contains valid signatures of a number of the party members equal to at least five percent
2.33of the total number of individuals who voted in the preceding state general election. A
2.34signature is valid only if signed no more than one year prior to the date the petition was filed.
3.1(d) A political party whose candidate receives a sufficient number of votes at a state
3.2general election described in paragraph (a) or a political party that presents candidates at
3.3an election as required by paragraph (b) becomes a major political party as of January
3.41 following that election and retains its major party status for at least two state general
3.5elections even if the party fails to present a candidate who receives the number and
3.6percentage of votes required under paragraph (a) or fails to present candidates as required
3.7by paragraph (b) at subsequent state general elections.
3.8(e) A major political party whose candidates fail to receive the number and
3.9percentage of votes required under paragraph (a) and that fails to present candidates as
3.10required by paragraph (b) at each of two consecutive state general elections described by
3.11paragraph (a) or (b), respectively, loses major party status as of December 31 following
3.12the later of the two consecutive state general elections.

3.13    Sec. 3. Minnesota Statutes 2014, section 200.02, subdivision 23, is amended to read:
3.14    Subd. 23. Minor political party. (a) "Minor political party" means a political party
3.15that has adopted a state constitution, designated a state party chair, held a state convention
3.16in the last two years, filed with the secretary of state no later than December 31 following
3.17the most recent state general election a certification that the party has met the foregoing
3.18requirements, and met the requirements of paragraph (b) or (e), as applicable.
3.19(b) To be considered a minor party in all elections statewide, the political party must
3.20have presented at least one candidate for election to the office of:
3.21(1) governor and lieutenant governor, secretary of state, state auditor, or attorney
3.22general, at the last preceding state general election for those offices; or
3.23(2) presidential elector or U.S. senator at the preceding state general election for
3.24presidential electors; and
3.25(3) who received votes in each county that in the aggregate equal at least one percent
3.26of the total number of individuals who voted in the election, or its members must have
3.27presented to the secretary of state at any time before the close of filing for the state
3.28partisan primary ballot a nominating petition in a form prescribed by the secretary of state
3.29containing the valid signatures of party members in a number equal to at least one percent
3.30of the total number of individuals who voted in the preceding state general election. A
3.31signature is valid only if signed no more than one year prior to the date the petition was filed.
3.32(c) A political party whose candidate receives a sufficient number of votes at a
3.33state general election described in paragraph (b) becomes a minor political party as of
3.34January 1 following that election and retains its minor party status for at least two state
4.1general elections even if the party fails to present a candidate who receives the number
4.2and percentage of votes required under paragraph (b) at subsequent state general elections.
4.3(d) A minor political party whose candidates fail to receive the number and
4.4percentage of votes required under paragraph (b) at each of two consecutive state general
4.5elections described by paragraph (b) loses minor party status as of December 31 following
4.6the later of the two consecutive state general elections.
4.7(e) A minor party that qualifies to be a major party loses its status as a minor party
4.8at the time it becomes a major party. Votes received by the candidates of a major party
4.9must be counted in determining whether the party received sufficient votes to qualify as a
4.10minor party, notwithstanding that the party does not receive sufficient votes to retain its
4.11major party status. To be considered a minor party in an election in a legislative district,
4.12the political party must have presented at least one candidate for a legislative office in that
4.13district who received votes from at least ten percent of the total number of individuals
4.14who voted for that office, or its members must have presented to the secretary of state a
4.15nominating petition in a form prescribed by the secretary of state containing the valid
4.16signatures of party members in a number equal to at least ten percent of the total number of
4.17individuals who voted in the preceding state general election for that legislative office. A
4.18signature is valid only if signed no more than one year prior to the date the petition was filed.

4.19    Sec. 4. Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision
4.20to read:
4.21    Subd. 27. Partisan offices. "Partisan offices" means federal offices, presidential
4.22electors, constitutional offices, and legislative offices.

4.23    Sec. 5. Minnesota Statutes 2014, section 200.02, is amended by adding a subdivision
4.24to read:
4.25    Subd. 28. Nonpartisan offices. "Nonpartisan offices" means all judicial, county,
4.26municipal, school district, and special district offices.

4.27    Sec. 6. Minnesota Statutes 2014, section 201.071, subdivision 1, is amended to read:
4.28    Subdivision 1. Form. Both paper and electronic voter registration applications must
4.29contain the same information unless otherwise provided by law. A voter registration
4.30application must contain spaces for the following required information: voter's first name,
4.31middle name, and last name; voter's previous name, if any; voter's current address; voter's
4.32previous address, if any; voter's date of birth; voter's municipality and county of residence;
4.33voter's telephone number, if provided by the voter; date of registration; current and valid
5.1Minnesota driver's license number or Minnesota state identification number, or if the voter
5.2has no current and valid Minnesota driver's license or Minnesota state identification, the
5.3last four digits of the voter's Social Security number; and voter's signature. The paper
5.4registration application may include the voter's e-mail address, if provided by the voter.
5.5The electronic voter registration application must include the voter's e-mail address. The
5.6registration application may include the voter's interest in serving as an election judge,
5.7if indicated by the voter. The application must also contain the following certification
5.8of voter eligibility:
5.9"I certify that I:
5.10(1) will be at least 18 years old on election day;
5.11(2) am a citizen of the United States;
5.12(3) will have resided in Minnesota for 20 days immediately preceding election day;
5.13(4) maintain residence at the address given on the registration form;
5.14(5) am not under court-ordered guardianship in which the court order revokes my
5.15right to vote;
5.16(6) have not been found by a court to be legally incompetent to vote;
5.17(7) have the right to vote because, if I have been convicted of a felony, my felony
5.18sentence has expired (been completed) or I have been discharged from my sentence; and
5.19(8) have read and understand the following statement: that giving false information
5.20is a felony punishable by not more than five years imprisonment or a fine of not more
5.21than $10,000, or both."
5.22The certification must include boxes for the voter to respond to the following
5.23questions:
5.24"(1) Are you a citizen of the United States?" and
5.25"(2) Will you be 18 years old on or before election day?"
5.26And the instruction:
5.27"If you checked 'no' to either of these questions, do not complete this form."
5.28A paper voter registration application must be of suitable size and weight for
5.29mailing. The form of the voter registration application and the certification of voter
5.30eligibility must be as provided in this subdivision and approved by the secretary of state.
5.31Voter registration forms authorized by the National Voter Registration Act must also be
5.32accepted as valid. The federal postcard application form must also be accepted as valid if
5.33it is not deficient and the voter is eligible to register in Minnesota.
5.34An individual may use a voter registration application to apply to register to vote in
5.35Minnesota or to change information on an existing registration.

6.1    Sec. 7. Minnesota Statutes 2014, section 201.158, is amended to read:
6.2201.158 USE OF DEPARTMENT OF PUBLIC SAFETY DATA.
6.3As required by the Help America Vote Act of 2002, Public Law 107-252, the
6.4commissioner of public safety shall make electronic data on citizenship available to the
6.5secretary of state. The secretary of state must determine whether the data newly indicates
6.6that any individuals who have active records in the statewide voter registration system
6.7are not citizens. The secretary of state shall prepare a list of those voters for each county
6.8auditor at least monthly. The county auditor shall change the status of those registrants in
6.9the statewide voter registration system to reflect that they are challenged based upon their
6.10citizenship and must notify the county attorney.
6.11In 2010, the secretary of state must make the determination and provide lists
6.12to the county auditors between 30 and 60 days before the general election and again
6.13between six and ten weeks after the election. In 2011, the secretary of state must make
6.14this determination again as part of the annual list maintenance. By August 1, 2012, the
6.15secretary of state must provide electronic lists to the counties at least monthly.

6.16    Sec. 8. Minnesota Statutes 2014, section 201.275, is amended to read:
6.17201.275 INVESTIGATIONS; PROSECUTIONS.
6.18(a) A law enforcement agency that is notified by affidavit of an alleged violation of
6.19this chapter shall promptly investigate. Upon receiving an affidavit alleging a violation
6.20of this chapter, a county attorney shall promptly forward it to a law enforcement agency
6.21with jurisdiction for investigation. If there is probable cause for instituting a prosecution,
6.22the county attorney shall proceed by complaint or present the charge, with whatever
6.23evidence has been found, to the grand jury according to the generally applicable standards
6.24regarding the prosecutorial functions and duties of a county attorney, provided that
6.25the county attorney is not required to proceed with the prosecution if the complainant
6.26withdraws the allegation. A county attorney who refuses or intentionally fails to faithfully
6.27perform this or any other duty imposed by this chapter is guilty of a misdemeanor and
6.28upon conviction shall forfeit office. The county attorney, under the penalty of forfeiture of
6.29office, shall prosecute all violations of this chapter except violations of this section; if,
6.30however, a complainant withdraws an allegation under this chapter, the county attorney is
6.31not required to proceed with the prosecution.
6.32(b) Willful violation of this chapter by any public employee constitutes just cause for
6.33suspension without pay or dismissal of the public employee.
6.34(c) Where the matter relates to a voter registration application submitted
6.35electronically through the secure Web site established in section 201.061, subdivision 1,
7.1alleged violations of this chapter may be investigated and prosecuted in the county in
7.2which the individual registered or attempted to register.
7.3EFFECTIVE DATE.This section is effective the day following final enactment.

7.4    Sec. 9. Minnesota Statutes 2014, section 203B.07, subdivision 1, is amended to read:
7.5    Subdivision 1. Delivery of envelopes, directions. The county auditor or the
7.6municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
7.7a copy of the directions for casting an absentee ballot to each applicant whose application
7.8for absentee ballots is accepted pursuant to section 203B.04. The county auditor or
7.9municipal clerk shall provide first class postage for the return envelope. The directions
7.10for casting an absentee ballot shall be printed in at least 14-point bold type with heavy
7.11leading and may be printed on the ballot envelope. When a person requests the directions
7.12in Braille or on cassette tape audio file, the county auditor or municipal clerk shall provide
7.13them in the form requested. The secretary of state shall prepare Braille and cassette audio
7.14file copies and make them available.
7.15    When a voter registration application is sent to the applicant as provided in section
7.16203B.06, subdivision 4 , the directions or registration application shall include instructions
7.17for registering to vote.

7.18    Sec. 10. Minnesota Statutes 2014, section 203B.08, subdivision 1, is amended to read:
7.19    Subdivision 1. Marking and return by voter. An eligible voter who receives
7.20absentee ballots as provided in this chapter shall mark them in the manner specified in the
7.21directions for casting the absentee ballots. The return envelope containing marked ballots
7.22may be mailed as provided in the directions for casting the absentee ballots or may be
7.23left with the county auditor or municipal clerk who transmitted the absentee ballots to the
7.24voter. If delivered in person by an agent, the return envelope must be submitted to the
7.25county auditor or municipal clerk by 3:00 p.m. on election day.
7.26The voter may designate an agent to deliver in person the sealed absentee ballot
7.27return envelope to the county auditor or municipal clerk or to deposit the return envelope
7.28in the mail. An agent may deliver or mail the return envelopes of not more than three
7.29voters in any election. Any person designated as an agent who tampers with either the
7.30return envelope or the voted ballots or does not immediately mail or deliver the return
7.31envelope to the county auditor or municipal clerk is guilty of a misdemeanor.

7.32    Sec. 11. Minnesota Statutes 2014, section 203B.08, subdivision 3, is amended to read:
8.1    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
8.2county auditor or municipal clerk, that official shall stamp or initial and date the return
8.3envelope and place it in a secure location with other return envelopes received by that
8.4office. Within five days after receipt, the county auditor or municipal clerk shall deliver to
8.5the ballot board all ballots received, except that during the 14 days immediately preceding
8.6an election, the county auditor or municipal clerk shall deliver all ballots received to the
8.7ballot board within three days. Ballots received on election day either (1) after 3:00 p.m.,
8.8if delivered by an agent in person; or (2) after the last mail delivery 8 p.m., if delivered by
8.9another method mail or a package delivery service, shall be marked as received late by the
8.10county auditor or municipal clerk, and must not be delivered to the ballot board.

8.11    Sec. 12. Minnesota Statutes 2014, section 203B.121, subdivision 2, is amended to read:
8.12    Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot
8.13board shall take possession of all return envelopes delivered to them in accordance with
8.14section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district
8.15clerk, two or more members of the ballot board shall examine each return envelope and
8.16shall mark it accepted or rejected in the manner provided in this subdivision. Election
8.17judges performing the duties in this section must be of different major political parties,
8.18unless they are exempt from that requirement under section 205.075, subdivision 4, or
8.19section 205A.10, subdivision 2.
8.20(b) The members of the ballot board shall mark the return envelope "Accepted" and
8.21initial or sign the return envelope below the word "Accepted" if a majority of the members
8.22of the ballot board examining the envelope are satisfied that:
8.23(1) the voter's name and address on the return envelope are the same as the
8.24information provided on the absentee ballot application;
8.25(2) the voter signed the certification on the envelope;
8.26(3) the voter's Minnesota driver's license, state identification number, or the last four
8.27digits of the voter's Social Security number are the same as the a number provided on the
8.28voter's absentee ballot application for ballots or voter record. If the number does not
8.29match the number as submitted on the application, or if a number was not submitted on
8.30the application, the election judges must compare the signature provided by the applicant
8.31to determine whether the ballots were returned by the same person to whom they were
8.32transmitted;
8.33(4) the voter is registered and eligible to vote in the precinct or has included a
8.34properly completed voter registration application in the return envelope;
9.1(5) the certificate has been completed as prescribed in the directions for casting an
9.2absentee ballot; and
9.3(6) the voter has not already voted at that election, either in person or, if it is after the
9.4close of business on the seventh day before the election, by absentee ballot.
9.5The return envelope from accepted ballots must be preserved and returned to the
9.6county auditor.
9.7(c)(1) If a majority of the members of the ballot board examining a return envelope
9.8find that an absentee voter has failed to meet one of the requirements provided in
9.9paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the
9.10word "Rejected," list the reason for the rejection on the envelope, and return it to the
9.11county auditor. There is no other reason for rejecting an absentee ballot beyond those
9.12permitted by this section. Failure to place the ballot within the security envelope before
9.13placing it in the outer white envelope is not a reason to reject an absentee ballot.
9.14(2) If an envelope has been rejected at least five days before the election, the
9.15envelope must remain sealed and the official in charge of the ballot board shall provide the
9.16voter with a replacement absentee ballot and return envelope in place of the rejected ballot.
9.17(3) If an envelope is rejected within five days of the election, the envelope must
9.18remain sealed and the official in charge of the ballot board must attempt to contact the
9.19voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected.
9.20The official must document the attempts made to contact the voter.
9.21(d) The official in charge of the absentee ballot board must mail the voter a written
9.22notice of absentee ballot rejection between six and ten weeks following the election. If the
9.23official determines that the voter has otherwise cast a ballot in the election, no notice is
9.24required. If an absentee ballot arrives after the deadline for submission provided by this
9.25chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A
9.26notice of absentee ballot rejection must contain the following information:
9.27(1) the date on which the absentee ballot was rejected or, if the ballot was received
9.28after the required deadline for submission, the date on which the ballot was received;
9.29(2) the reason for rejection; and
9.30(3) the name of the appropriate election official to whom the voter may direct further
9.31questions, along with appropriate contact information.
9.32(e) An absentee ballot return envelope marked "Rejected" may not be opened or
9.33subject to further review except in an election contest filed pursuant to chapter 209.

9.34    Sec. 13. Minnesota Statutes 2014, section 203B.17, subdivision 1, is amended to read:
10.1    Subdivision 1. Submission of application. (a) An application for absentee ballots
10.2for a voter described in section 203B.16 must be in writing and may be submitted in
10.3person, by mail, by electronic facsimile device, by electronic mail, or electronically
10.4through a secure Web site that shall be maintained by the secretary of state for this
10.5purpose, upon determination by the secretary of state that security concerns have been
10.6adequately addressed. An application for absentee ballots for a voter described in section
10.7203B.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother, or
10.8child over the age of 18 years. For purposes of an application under this subdivision, a
10.9person's Social Security number, no matter how it is designated, qualifies as the person's
10.10military identification number if the person is in the military.
10.11(b) An application for a voter described in section 203B.16, subdivision 1, shall be
10.12submitted to the county auditor of the county where the voter maintains residence or
10.13through the secure Web site maintained by the secretary of state.
10.14(c) An application for a voter described in section 203B.16, subdivision 2, shall be
10.15submitted to the county auditor of the county where the voter last maintained residence in
10.16Minnesota or through the secure Web site maintained by the secretary of state.
10.17(d) An application for absentee ballots shall be valid for any primary, special
10.18primary, general election, or special election from the time the application is received
10.19through the end of that calendar year.
10.20(e) There shall be no limitation of time for filing and receiving applications for
10.21ballots under sections 203B.16 to 203B.27.

10.22    Sec. 14. Minnesota Statutes 2014, section 204B.06, subdivision 1b, is amended to read:
10.23    Subd. 1b. Address and telephone number. (a) An affidavit of candidacy must
10.24state a telephone number where the candidate can be contacted. An affidavit must also
10.25state the candidate's address of residence as determined under section 200.031, or at the
10.26candidate's request in accordance with paragraph (c), the candidate's campaign contact
10.27address. The form for the affidavit of candidacy must allow the candidate to request, if
10.28eligible, that the candidate's address of residence be classified as private data, and to
10.29provide the certification required under paragraph (c) for classification of that address.
10.30(b) For an office whose residency requirement must be satisfied by the close of the
10.31filing period, a registered voter in this state may request in writing that the filing officer
10.32receiving the affidavit of candidacy review the address as provided in this paragraph, at
10.33any time up to one day after the last day for filing for office. If requested, the filing officer
10.34must determine whether the address provided in the affidavit of candidacy is within the
10.35area represented by the office the candidate is seeking. If the filing officer determines
11.1that the address is not within the area represented by the office, the filing officer must
11.2immediately notify the candidate and the candidate's name must be removed from the
11.3ballot for that office. A determination made by a filing officer under this paragraph is
11.4subject to judicial review under section 204B.44.
11.5(c) If the candidate requests that the candidate's address of residence be classified
11.6as private data, the candidate must list the candidate's address of residence on a separate
11.7form to be attached to the affidavit. The candidate must also certify on the affidavit that
11.8a police report has been submitted or an order for protection has been issued in regard
11.9to the safety of the candidate or the candidate's family, or that the candidate's address is
11.10otherwise private pursuant to Minnesota law. The address of residence provided by a
11.11candidate who makes a request for classification on the candidate's affidavit of candidacy
11.12and provides the certification required by this paragraph is classified as private data,
11.13as defined in section 13.02, subdivision 12, but may be reviewed by the filing officer
11.14as provided in this subdivision.
11.15(d) The requirements of this subdivision do not apply to affidavits of candidacy for a
11.16candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.

11.17    Sec. 15. Minnesota Statutes 2014, section 204B.13, subdivision 1, is amended to read:
11.18    Subdivision 1. Partisan office. (a) A vacancy in nomination for a partisan office
11.19must be filled in the manner provided by this section. A vacancy in nomination exists
11.20for a partisan office when a major political party candidate who has been nominated in
11.21accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1:
11.22(1) dies;
11.23(2) withdraws as provided in section 204B.12, subdivision 1; or
11.24(3) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b),
11.25at least one day prior to the general election with the same official who received the
11.26affidavit of candidacy; or
11.27(3) is determined to be ineligible to hold the office the candidate is seeking, pursuant
11.28to a court order issued under section 204B.44.
11.29(b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that
11.30the candidate has been diagnosed with a catastrophic illness that will permanently and
11.31continuously incapacitate the candidate and prevent the candidate from performing the
11.32duties of the office sought, if elected. The affidavit must be accompanied by a certificate
11.33verifying the candidate's illness meets the requirements of this paragraph, signed by at
11.34least two licensed physicians. The affidavit and certificate may be filed by the candidate
11.35or the candidate's legal guardian.
12.1EFFECTIVE DATE.This section is effective the day following final enactment,
12.2and applies to elections for which the candidate withdrawal period under section 204B.12,
12.3subdivision 1, occurs on or after that date.

12.4    Sec. 16. Minnesota Statutes 2014, section 204B.13, subdivision 2, is amended to read:
12.5    Subd. 2. Partisan office; nomination by party; special election. (a) Except as
12.6provided in subdivision 5, a major political party may fill a vacancy in nomination of
12.7that party's candidate as defined in subdivision 1, clause (1) or, (2), or (3), by filing one
12.8nomination certificate with the same official who received the affidavits of candidacy
12.9for that office.
12.10A major political party may provide in its governing rules a procedure, including
12.11designation of an appropriate committee, to fill a vacancy in nomination for any federal or
12.12state partisan office. The nomination certificate shall be prepared under the direction of
12.13and executed by the chair and secretary of the political party and filed within the timelines
12.14established in this section. When filing the certificate the chair and secretary shall attach
12.15an affidavit stating that the newly nominated candidate has been selected under the rules
12.16of the party and that the individuals signing the certificate and making the affidavit are the
12.17chair and secretary of the party.
12.18(b) In the case of a vacancy in nomination for partisan office that occurs on or before
12.19the 79th day before the general election, the major political party must file the nomination
12.20certificate no later than 71 days before the general election. The name of the candidate
12.21nominated by the party must appear on the general election ballot.
12.22(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for
12.23a partisan office that occurs after the 79th day before the general election, the general
12.24election ballot shall remain unchanged, but the county and state canvassing boards must
12.25not certify the vote totals for that office from the general election, and the office must be
12.26filled at a special election held in accordance with this section. Except for the vacancy
12.27in nomination, all other candidates whose names appeared on the general election ballot
12.28for the office must appear on the special election ballot for the office. New affidavits of
12.29candidacy or nominating petitions may not be accepted, and there must not be a primary to
12.30fill the vacancy in nomination. The major political party may file a nomination certificate
12.31as provided in paragraph (a) no later than seven days after the general election. On the
12.32date of the general election, the county auditor or municipal clerk shall post a notice in
12.33each precinct affected by a vacancy in nomination under this paragraph, informing voters
12.34of the reason for the vacancy in nomination and the procedures for filling the vacancy in
12.35nomination and conducting a special election as required by this section. The secretary
13.1of state shall prepare and electronically distribute the notice to county auditors in each
13.2county affected by a vacancy in nomination.
13.3EFFECTIVE DATE.This section is effective the day following final enactment.

13.4    Sec. 17. Minnesota Statutes 2014, section 204B.13, subdivision 5, is amended to read:
13.5    Subd. 5. Candidates for governor and lieutenant governor. (a) If a vacancy in
13.6nomination for a major political party occurs in the race for governor, the political party
13.7must nominate the candidates for both governor and lieutenant governor. If a vacancy
13.8in nomination for a major political party occurs in the race for lieutenant governor, the
13.9candidate for governor shall select the candidate for lieutenant governor.
13.10(b) For a vacancy in nomination for lieutenant governor that occurs on or before the
13.1179th day before the general election, the name of the lieutenant governor candidate must
13.12be submitted by the governor candidate to the filing officer no later than 71 days before
13.13the general election. If the vacancy in nomination for lieutenant governor occurs after the
13.1479th day before the general election, the candidate for governor shall submit the name of
13.15the new lieutenant governor candidate to the secretary of state within seven days after the
13.16vacancy in nomination occurs, but no changes may be made to the general election ballots.
13.17(c) When a vacancy in nomination for lieutenant governor occurs after the 79th day
13.18before the general election, the county auditor or municipal clerk shall post a notice in
13.19each precinct affected by the vacancy in nomination. The secretary of state shall prepare
13.20and electronically distribute the notice to county auditors. The county auditor must ensure
13.21that each precinct in the county receives the notice prior to the opening of the polls on
13.22election day. The notice must include:
13.23(1) a statement that there is a vacancy in nomination for lieutenant governor and the
13.24statutory reason for the vacancy in nomination as provided in subdivision 1, paragraph
13.25(a), clauses (1) and, (2), or (3);
13.26(2) a statement that the results for the governor and lieutenant governor will be
13.27counted and that no special election will be held for that race; and
13.28(3) a list of all candidates in the governor and lieutenant governor's race, listed in order
13.29of the base rotation. The listing of candidates shall include the name of the candidate to
13.30fill the vacancy in nomination for lieutenant governor. If the name of the candidate has not
13.31yet been named, then the list must include the date by which the candidate will be named.
13.32EFFECTIVE DATE.This section is effective the day following final enactment.

13.33    Sec. 18. Minnesota Statutes 2014, section 204B.131, subdivision 1, is amended to read:
14.1    Subdivision 1. Applicability. A vacancy in nomination for a nonpartisan office
14.2must be filled in the manner provided by this section. A vacancy in nomination for a
14.3nonpartisan office exists when:
14.4(1) a candidate for any nonpartisan office, for which one or two candidates filed,
14.5withdraws as provided in section 204B.12, subdivision 1; or
14.6(2) a candidate for any nonpartisan office, for which one or two candidates filed,
14.7is determined to be ineligible to hold the office the candidate is seeking, pursuant to a
14.8court order issued under section 204B.44; or
14.9(2) (3) a candidate for any nonjudicial nonpartisan office, for which only one or two
14.10candidates filed or who was nominated at a primary, dies on or before the 79th day before
14.11the date of the general election.
14.12EFFECTIVE DATE.This section is effective the day following final enactment.

14.13    Sec. 19. Minnesota Statutes 2014, section 204B.19, subdivision 2, is amended to read:
14.14    Subd. 2. Individuals not qualified to be election judges. (a) Except as provided in
14.15paragraph (b), no individual shall be appointed as an election judge for any precinct if
14.16that individual:
14.17(1) is unable to read, write, or speak the English language;
14.18(2) is the spouse; parent, including a stepparent; child, including a stepchild; or
14.19sibling, including a stepsibling; of any election judge serving in the same precinct or of
14.20any candidate at that election; or
14.21(3) is domiciled, either permanently or temporarily, with any candidate on the ballot
14.22at that election; or
14.23(4) is a candidate at that election.
14.24(b) Individuals who are related to each other as provided in paragraph (a), clause (2),
14.25may serve as election judges in the same precinct, provided that they serve on separate
14.26shifts that do not run concurrently.

14.27    Sec. 20. Minnesota Statutes 2014, section 204B.19, subdivision 6, is amended to read:
14.28    Subd. 6. High school students. Notwithstanding any other requirements of this
14.29section, a student enrolled in a high school in Minnesota or who is in a home school
14.30in compliance with sections 120A.22 and 120A.24, who has attained the age of 16 is
14.31eligible to be appointed as a without party affiliation trainee election judge in the county in
14.32which the student resides, or a county adjacent to the county in which the student resides.
14.33The student must meet qualifications for trainee election judges specified in rules of the
14.34secretary of state. A student appointed as a trainee election judge may be excused from
15.1school attendance during the hours that the student is serving as a trainee election judge
15.2if the student submits a written request signed and approved by the student's parent or
15.3guardian to be absent from school and a certificate from the appointing authority stating
15.4the hours during which the student will serve as a trainee election judge to the principal of
15.5the school at least ten days prior to the election. Students shall not serve as trainee election
15.6judges after 10:00 p.m. Notwithstanding section 177.24 to the contrary, trainee election
15.7judges may be paid not less than two-thirds of the minimum wage for a large employer.
15.8The principal of the school may approve a request to be absent from school conditioned
15.9on acceptable academic performance at the time of service as a trainee election judge.

15.10    Sec. 21. Minnesota Statutes 2014, section 204B.36, subdivision 1, is amended to read:
15.11    Subdivision 1. Type. All ballots shall be printed with black ink on paper of sufficient
15.12thickness to prevent the printing from being discernible from the back. All ballots shall be
15.13printed in easily readable type with suitable lines dividing candidates, offices, instructions
15.14and other matter printed on ballots. The name of each candidate shall be printed in capital
15.15letters. The same type shall be used for the names of all candidates on the same ballot.

15.16    Sec. 22. Minnesota Statutes 2014, section 204B.36, subdivision 2, is amended to read:
15.17    Subd. 2. Candidates and offices. The name of each candidate shall be printed at a
15.18right angle to the length of the ballot. At a general election the name of the political party
15.19or the political principle of each candidate for partisan office shall be printed above or
15.20below the name of the candidate. The name of a political party or a political principle
15.21shall be printed in capital and lowercase letters of the same type, with the capital letters
15.22at least one-half the height of the capital letters used for names of the candidates. At a
15.23general election, blank lines containing the words "write-in, if any" shall be printed below
15.24the name of the last candidate for each office, or below the title of the office if no candidate
15.25has filed for that office, so that a voter may write in the names of individuals whose names
15.26are not on the ballot. One blank line shall be printed for each officer of that kind to be
15.27elected. At a primary election, no blank lines shall be provided for writing in the names of
15.28individuals whose names do not appear on the primary ballot.
15.29On the left side of the ballot at the same level with the name of each candidate and
15.30each blank line shall be printed a square an oval or similar target shape in which the
15.31voter may designate a vote by a mark (X) filling in the oval or similar mark if a different
15.32target shape is used. Each square shall be the same size. Above the first name on each
15.33ballot shall be printed the words, "Put an (X) in the square opposite the name of each
15.34candidate you wish to vote for." At the same level with these words and directly above
16.1the squares shall be printed a small arrow pointing downward instructions for voting.
16.2Directly underneath the official title of each office shall be printed the words "Vote for
16.3one" or "Vote for up to ..." (any greater number to be elected).

16.4    Sec. 23. Minnesota Statutes 2014, section 204B.36, subdivision 3, is amended to read:
16.5    Subd. 3. Question; form of ballot. When a question is to be submitted to a vote, a
16.6concise statement of the nature of the question shall be printed on the ballot. The words,
16.7"YES" "Yes" and "NO" "No" shall be printed to the left of this statement, with a square
16.8an oval or similar target shape to the left of each word so that the voter may indicate by
16.9a mark (X) either a negative or affirmative vote. The ballot shall include instructions
16.10directing the voter to put an (X) in the square fill in the oval or similar mark if a different
16.11target shape is used before the word "YES" "Yes" if the voter desires to vote for the
16.12question, or to put an (X) fill in the oval or similar mark if a different target shape is used
16.13before the word "NO" "No" if the voter desires to vote against the question.

16.14    Sec. 24. Minnesota Statutes 2014, section 204B.36, subdivision 4, is amended to read:
16.15    Subd. 4. Judicial candidates. The official ballot shall contain the names of all
16.16candidates for each judicial office and shall state the number of those candidates for
16.17whom a voter may vote. Each seat for an associate justice, associate judge, or judge of
16.18the district court must be numbered. The words "SUPREME COURT," "COURT OF
16.19APPEALS," "Supreme Court," "Court of Appeals," and "(number) DISTRICT COURT"
16.20"(number) District Court" must be printed above the respective judicial office groups on
16.21the ballot. The title of each judicial office shall be printed on the official primary and
16.22general election ballot as follows:
16.23(a) In the case of the Supreme Court:
16.24"Chief justice";
16.25"Associate justice (number)";
16.26(b) In the case of the Court of Appeals:
16.27"Judge (number)"; or
16.28(c) In the case of the district court:
16.29"Judge (number)."

16.30    Sec. 25. Minnesota Statutes 2014, section 204B.44, is amended to read:
16.31204B.44 ERRORS AND OMISSIONS; REMEDY.
17.1Any individual may file a petition in the manner provided in this section for the
17.2correction of any of the following errors, omissions, or wrongful acts which have occurred
17.3or are about to occur:
17.4(a) an error or omission in the placement or printing of the name or description of
17.5any candidate or any question on any official ballot, including the placement of a candidate
17.6on the official ballot who is not eligible to hold the office for which the candidate has filed;
17.7(b) any other error in preparing or printing any official ballot;
17.8(c) failure of the chair or secretary of the proper committee of a major political party
17.9to execute or file a certificate of nomination;
17.10(d) any wrongful act, omission, or error of any election judge, municipal clerk,
17.11county auditor, canvassing board or any of its members, the secretary of state, or any other
17.12individual charged with any duty concerning an election.
17.13The petition shall describe the error, omission, or wrongful act and the correction
17.14sought by the petitioner. The petition shall be filed with any judge of the Supreme Court in
17.15the case of an election for state or federal office or any judge of the district court in that
17.16county in the case of an election for county, municipal, or school district office. The
17.17petitioner shall serve a copy of the petition on the officer, board or individual charged with
17.18the error, omission, or wrongful act, on all candidates for the office in the case of an
17.19election for state, federal, county, municipal, or school district office, and on any other
17.20party as required by the court. Upon receipt of the petition the court shall immediately set
17.21a time for a hearing on the matter and order the officer, board or individual charged with
17.22the error, omission or wrongful act to correct the error or wrongful act or perform the duty
17.23or show cause for not doing so. In the case of a review of a candidate's eligibility to hold
17.24office, the court may order the candidate to appear and present sufficient evidence of the
17.25candidate's eligibility. The court shall issue its findings and a final order for appropriate
17.26relief as soon as possible after the hearing. Failure to obey the order is contempt of court.
17.27EFFECTIVE DATE.This section is effective the day following final enactment.

17.28    Sec. 26. Minnesota Statutes 2014, section 204B.45, subdivision 2, is amended to read:
17.29    Subd. 2. Procedure. Notice of the election and the special mail procedure must
17.30be given at least ten weeks prior to the election. Not more than 46 days nor later than 14
17.31days before a regularly scheduled election and not more than 30 days nor later than 14
17.32days before any other election, the auditor shall mail ballots by nonforwardable mail to
17.33all voters registered in the town or unorganized territory. No later than 14 days before
17.34the election, the auditor must make a subsequent mailing of ballots to those voters who
17.35register to vote after the initial mailing but before the 20th day before the election.
18.1Eligible voters not registered at the time the ballots are mailed may apply for ballots as
18.2provided in chapter 203B. Ballot return envelopes, with return postage provided, must
18.3be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in
18.4person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board
18.5to examine the mail and absentee ballot return envelopes and mark them "accepted" or
18.6"rejected" within three days of receipt if there are 14 or fewer days before election day, or
18.7within five days of receipt if there are more than 14 days before election day. The board
18.8may consist of deputy county auditors or deputy municipal clerks who have received
18.9training in the processing and counting of mail ballots, who need not be affiliated with
18.10a major political party. Election judges performing the duties in this section must be of
18.11different major political parties, unless they are exempt from that requirement under
18.12section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at
18.13least five days before the election, the ballots in the envelope must remain sealed and the
18.14auditor or clerk shall provide the voter with a replacement ballot and return envelope in
18.15place of the spoiled ballot. If the ballot is rejected within five days of the election, the
18.16envelope must remain sealed and the official in charge of the ballot board must attempt to
18.17contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been
18.18rejected. The official must document the attempts made to contact the voter.
18.19If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
18.20indicate that the voter has already cast a ballot in that election. After the close of business
18.21on the fourth seventh day before the election, the ballots from return envelopes marked
18.22"Accepted" may be opened, duplicated as needed in the manner provided by section 206.86,
18.23subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
18.24In all other respects, the provisions of the Minnesota Election Law governing
18.25deposit and counting of ballots apply.
18.26The mail and absentee ballots for a precinct must be counted together and reported
18.27as one vote total. No vote totals from mail or absentee ballots may be made public before
18.28the close of voting on election day.
18.29The costs of the mailing shall be paid by the election jurisdiction in which the voter
18.30resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

18.31    Sec. 27. Minnesota Statutes 2014, section 204C.04, subdivision 2, is amended to read:
18.32    Subd. 2. Elections covered. For purposes of this section, "election" means a
18.33regularly scheduled state primary or general election, an election to fill a vacancy in the
18.34office of United States senator or United States representative, an election to fill a vacancy
19.1in nomination for a constitutional office, or an election to fill a vacancy in the office of
19.2state senator or state representative.

19.3    Sec. 28. Minnesota Statutes 2014, section 204C.08, subdivision 1d, is amended to read:
19.4    Subd. 1d. Voter's Bill of Rights. The county auditor shall prepare and provide to
19.5each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
19.6forth in this section. Before the hours of voting are scheduled to begin, the election judges
19.7shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
19.8of Rights is as follows:

19.9"VOTER'S BILL OF RIGHTS

19.10For all persons residing in this state who meet federal voting eligibility requirements:
19.11(1) You have the right to be absent from work for the purpose of voting in a state
19.12or, federal, or regularly scheduled election without reduction to your pay, personal leave,
19.13or vacation time on election day for the time necessary to appear at your polling place,
19.14cast a ballot, and return to work.
19.15(2) If you are in line at your polling place any time before 8:00 p.m., you have the
19.16right to vote.
19.17(3) If you can provide the required proof of residence, you have the right to register
19.18to vote and to vote on election day.
19.19(4) If you are unable to sign your name, you have the right to orally confirm your
19.20identity with an election judge and to direct another person to sign your name for you.
19.21(5) You have the right to request special assistance when voting.
19.22(6) If you need assistance, you may be accompanied into the voting booth by a
19.23person of your choice, except by an agent of your employer or union or a candidate.
19.24(7) You have the right to bring your minor children into the polling place and into
19.25the voting booth with you.
19.26(8) If you have been convicted of a felony but your felony sentence has expired (been
19.27completed) or you have been discharged from your sentence, you have the right to vote.
19.28(9) If you are under a guardianship, you have the right to vote, unless the court
19.29order revokes your right to vote.
19.30(10) You have the right to vote without anyone in the polling place trying to
19.31influence your vote.
19.32(11) If you make a mistake or spoil your ballot before it is submitted, you have the
19.33right to receive a replacement ballot and vote.
19.34(12) You have the right to file a written complaint at your polling place if you are
19.35dissatisfied with the way an election is being run.
20.1(13) You have the right to take a sample ballot into the voting booth with you.
20.2(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
20.3booth with you."

20.4    Sec. 29. Minnesota Statutes 2014, section 204C.13, subdivision 2, is amended to read:
20.5    Subd. 2. Voting booths. One of the election judges shall explain to the voter the
20.6proper method of marking and folding the ballots and, during a primary election, the effect
20.7of attempting to vote in more than one party's primary. Except as otherwise provided in
20.8section 204C.15, the voter shall retire alone to an unoccupied voting booth or, at the
20.9voter's discretion, the voter may choose to use another writing surface. The voter shall
20.10mark the ballots without undue delay. The voter may take sample ballots into the booth to
20.11assist in voting. The election judges may adopt and enforce reasonable rules governing the
20.12amount of time a voter may spend in the voting booth marking ballots.

20.13    Sec. 30. Minnesota Statutes 2014, section 204C.13, subdivision 3, is amended to read:
20.14    Subd. 3. Marking ballots. The voter shall mark each ballot in the following manner:
20.15(a) A mark (X) shall be placed in the square The voter shall fill in the oval or similar
20.16mark if a different target shape is used, opposite the printed name of each candidate for
20.17whom the individual desires to vote, and in the square oval or other target shape before the
20.18"YES" "Yes" or "NO" "No" if the individual desires to vote for or against a question.
20.19(b) The voter may write in other names on the lines provided under the printed
20.20names of the candidates, except that no names shall be written in on primary ballots.
20.21(c) At a state primary an individual may vote for candidates of only one major
20.22political party on the partisan primary ballot. If a partisan primary ballot contains votes
20.23for the candidates of more than one major political party, the ballot is totally defective and
20.24no vote on the partisan section of the ballot shall be counted.
20.25(d) An individual who spoils a ballot may return it to the election judges and receive
20.26another.

20.27    Sec. 31. Minnesota Statutes 2014, section 204C.13, subdivision 5, is amended to read:
20.28    Subd. 5. Deposit of ballots in ballot boxes box. The voter shall then withdraw
20.29from the voting booth with the ballots and hand them to the election judge in charge of
20.30the ballot boxes. That election judge shall immediately deposit each ballot in the proper
20.31ballot box. Ballots that have not been initialed by the election judges as provided in
20.32section 204C.09, shall not be deposited in the ballot box.

21.1    Sec. 32. Minnesota Statutes 2014, section 204C.22, subdivision 3, is amended to read:
21.2    Subd. 3. Votes for too many candidates. If a voter places a mark (X) beside the
21.3names of more candidates for an office than are to be elected or nominated, the ballot is
21.4defective with respect only to that office. No vote shall be counted for any candidate for
21.5that office, but the rest of the ballot shall be counted if possible. At a primary, if a voter
21.6has not indicated a party preference and places a mark (X) beside the names of candidates
21.7of more than one party on the partisan ballot, the ballot is totally defective and no votes on
21.8it shall be counted. If a voter has indicated a party preference at a primary, only votes cast
21.9for candidates of that party shall be counted.

21.10    Sec. 33. Minnesota Statutes 2014, section 204C.22, subdivision 4, is amended to read:
21.11    Subd. 4. Name written in proper place. If a voter has written the name of an
21.12individual in the proper place on a general or special election ballot a vote shall be counted
21.13for that individual whether or not the voter makes a mark (X) in the square oval or other
21.14target shape opposite the blank.

21.15    Sec. 34. Minnesota Statutes 2014, section 204C.22, subdivision 7, is amended to read:
21.16    Subd. 7. All written names or marks counted up to limit. If a number of
21.17individuals are to be elected to the same office, the election judges shall count all names
21.18written in and all printed names with (X) marks in squares ovals or other target shapes
21.19opposite them, not exceeding the whole number to be elected. When fewer names than the
21.20number to be elected are marked with an (X) or written in, only the marked or written in
21.21names shall be counted. When more names than the number to be elected are marked or
21.22written in, the ballot is defective with respect to that office and no vote shall be counted
21.23for that office.

21.24    Sec. 35. Minnesota Statutes 2014, section 204C.22, subdivision 10, is amended to read:
21.25    Subd. 10. Different marks. If a voter uniformly uses a mark other than (X) which
21.26that clearly indicates an intent to mark a name or to mark yes or no on a question, and the
21.27voter does not use (X) the more standard mark anywhere else on the ballot, a vote shall
21.28be counted for each candidate or response to a question marked. If a voter uses two or
21.29more distinct marks, such as (X) and some other mark, a vote shall be counted for each
21.30candidate or response to a question marked, unless the ballot is marked by distinguishing
21.31characteristics that make the entire ballot defective as provided in subdivision 13.

21.32    Sec. 36. Minnesota Statutes 2014, section 204C.35, subdivision 1, is amended to read:
22.1    Subdivision 1. Publicly funded recounts. (a) In a state primary when the difference
22.2between the votes cast for the candidates for nomination to:
22.3(1) a state legislative office is less than one-half of one percent of the total number of
22.4votes counted for that nomination or is ten votes or less and the total number of votes cast
22.5for the nomination is 400 votes or less; or
22.6(2) a statewide federal office, state constitutional office, statewide judicial office,
22.7congressional office, or district judicial office is less than one-quarter of one percent of
22.8the total number of votes counted for that nomination or is ten votes or less and the total
22.9number of votes cast for the nomination is 400 votes or less;
22.10and the difference determines the nomination, the canvassing board with responsibility
22.11for declaring the results for that office shall manually recount the vote upon receiving a
22.12written request from the candidate whose nomination is in question.
22.13Immediately following the meeting of the board that has responsibility for
22.14canvassing the results of the nomination, the filing officer must notify the candidate that
22.15the candidate has the option to request a recount of the votes at no cost to the candidate.
22.16This written request must be received by the filing officer no later than 48 hours 5:00 p.m.
22.17on the second day after the canvass of the primary for which the recount is being sought.
22.18    (b) In a state general election when the difference between the votes of a candidate
22.19who would otherwise be declared elected to:
22.20(1) a state legislative office is less than one-half of one percent of the total number of
22.21votes counted for that office or is ten votes or less and the total number of votes cast for
22.22the office is 400 votes or less; or
22.23(2) a statewide federal office, state constitutional office, statewide judicial office,
22.24congressional office, or district judicial office and the votes of any other candidate for that
22.25office is less than one-quarter of one percent of the total number of votes counted for that
22.26office or is ten votes or less if the total number of votes cast for the office is 400 votes or less,
22.27the canvassing board shall manually recount the votes upon receiving a written request
22.28from the candidate whose election is in question.
22.29Immediately following the meeting of the board that has responsibility for canvassing
22.30the results of the general election, the filing officer must notify the candidate that the
22.31candidate has the option to request a recount of the votes at no cost to the candidate. This
22.32written request must be received by the filing officer no later than 48 hours 5:00 p.m. on
22.33the second day after the canvass of the election for which the recount is being sought.
22.34    (c) A recount must not delay any other part of the canvass. The results of the recount
22.35must be certified by the canvassing board as soon as possible.
23.1    (d) Time for notice of a contest for an office which is recounted pursuant to this section
23.2shall begin to run upon certification of the results of the recount by the canvassing board.

23.3    Sec. 37. Minnesota Statutes 2014, section 204C.35, subdivision 2, is amended to read:
23.4    Subd. 2. Discretionary candidate recounts. (a) A losing candidate whose
23.5name was on the ballot for nomination or election to a statewide federal office, state
23.6constitutional office, statewide judicial office, congressional office, state legislative office,
23.7or district judicial office may request a recount in a manner provided in this section at the
23.8candidate's own expense when the vote difference is greater than the difference required
23.9by this section. The votes shall be manually recounted as provided in this section if the
23.10candidate files a request during the time for filing notice of contest of the primary or
23.11election for which a recount is sought.
23.12    (b) The requesting candidate shall file with the filing officer a bond, cash, or surety in
23.13an amount set by the filing officer for the payment of the recount expenses. The requesting
23.14candidate is responsible for the following expenses: the compensation of the secretary of
23.15state, or designees, and any election judge, municipal clerk, county auditor, administrator,
23.16or other personnel who participate in the recount; necessary supplies and travel related to
23.17the recount; the compensation of the appropriate canvassing board and costs of preparing
23.18for the canvass of recount results; and any attorney fees incurred in connection with the
23.19recount by the governing body responsible for the recount.
23.20    (c) A discretionary recount of a primary must not delay delivery of the notice of
23.21nomination to the winning candidate under section 204C.32.
23.22    (d) The requesting candidate may provide the filing officer with a list of up to three
23.23precincts that are to be recounted first and may waive the balance of the recount after these
23.24precincts have been counted. If the candidate provides a list, the recount official must
23.25determine the expenses for those precincts in the manner provided by paragraph (b).
23.26    (e) The results of the recount must be certified by the canvassing board as soon as
23.27possible.
23.28    (d) (f) If the winner of the race is changed by the optional recount, the cost of the
23.29recount must be paid by the jurisdiction conducting the recount.
23.30    (e) (g) If a result of the vote counting in the manual recount is different from the
23.31result of the vote counting reported on election day by a margin greater than the standard
23.32for acceptable performance of voting systems provided in section 206.89, subdivision 4,
23.33the cost of the recount must be paid by the jurisdiction conducting the recount.

23.34    Sec. 38. Minnesota Statutes 2014, section 204C.36, subdivision 1, is amended to read:
24.1    Subdivision 1. Publicly funded recounts. (a) Except as provided in paragraphs (b)
24.2and (c), a losing candidate for nomination or election to a county, municipal, or school
24.3district office may request a recount of the votes cast for the nomination or election to
24.4that office if the difference between the vote cast for that candidate and for a winning
24.5candidate for nomination or election is less than one-quarter of one percent of the total
24.6votes counted for that office. In case of offices where two or more seats are being filled
24.7from among all the candidates for the office, the one-quarter of one percent difference
24.8is between the elected candidate with the fewest votes and the candidate with the most
24.9votes from among the candidates who were not elected.
24.10(b) A losing candidate for nomination or election to a county, municipal, or school
24.11district office may request a recount of the votes cast for nomination or election to that
24.12office if the difference between the votes cast for that candidate and for a winning
24.13candidate for nomination or election is less than one-half of one percent, and the total
24.14number of votes cast for the nomination or election of all candidates is more than 400
24.15but less than 50,000. In cases of offices where two or more seats are being filled from
24.16among all the candidates for the office, the one-half of one percent difference is between
24.17the elected candidate with the fewest votes and the candidate with the most votes from
24.18among the candidates who were not elected.
24.19(c) A losing candidate for nomination or election to a county, municipal, or school
24.20district office may request a recount of the votes cast for nomination or election to that
24.21office if the difference between the vote cast for that candidate and for a winning candidate
24.22for nomination or election is ten votes or less, and the total number of votes cast for the
24.23nomination or election of all candidates is no more than 400. In cases of offices where two
24.24or more seats are being filled from among all the candidates for the office, the ten vote
24.25difference is between the elected candidate with the fewest votes and the candidate with
24.26the most votes from among the candidates who were not elected.
24.27(d) Candidates for county offices shall file a written request for the recount with the
24.28county auditor. Candidates for municipal or school district offices shall file a written
24.29request with the municipal or school district clerk as appropriate. All requests shall be
24.30filed during the time for notice of contest of the primary or by 5:00 p.m. on the fifth day
24.31after the canvass of a primary or special primary or by 5:00 p.m. on the seventh day of the
24.32canvass of a special or general election for which a recount is sought.
24.33(e) Upon receipt of a request made pursuant to this section, the county auditor shall
24.34recount the votes for a county office at the expense of the county, the governing body
24.35of the municipality shall recount the votes for a municipal office at the expense of the
25.1municipality, and the school board of the school district shall recount the votes for a
25.2school district office at the expense of the school district.

25.3    Sec. 39. Minnesota Statutes 2014, section 204C.36, subdivision 2, is amended to read:
25.4    Subd. 2. Discretionary candidate recounts. (a) A losing candidate for nomination
25.5or election to a county, municipal, or school district office may request a recount in the
25.6manner provided in this section at the candidate's own expense when the vote difference is
25.7greater than the difference required by subdivision 1, paragraphs (a) to (e). The votes shall
25.8be manually recounted as provided in this section if the requesting candidate files with
25.9the county auditor, municipal clerk, or school district clerk a bond, cash, or surety in an
25.10amount set by the governing body of the jurisdiction or the school board of the school
25.11district for the payment of the recount expenses.
25.12    (b) The requesting candidate may provide the filing officer with a list of up to three
25.13precincts that are to be recounted first and may waive the balance of the recount after these
25.14precincts have been counted. If the candidate provides a list, the recount official must
25.15determine the expenses for those precincts in the manner provided by paragraph (b).
25.16    (c) A discretionary recount of a primary must not delay delivery of the notice of
25.17nomination to the winning candidate under section 204C.32.
25.18    (d) The results of the recount must be certified by the canvassing board as soon as
25.19possible.
25.20    (e) If the winner of the race is changed by the optional recount, the cost of the
25.21recount must be paid by the jurisdiction conducting the recount.
25.22    (d) (f) If a result of the vote counting in the manual recount is different from the
25.23result of the vote counting reported on election day by a margin greater than the standard
25.24for acceptable performance of voting systems provided in section 206.89, subdivision 4,
25.25the cost of the recount must be paid by the jurisdiction conducting the recount.

25.26    Sec. 40. Minnesota Statutes 2014, section 204C.40, subdivision 2, is amended to read:
25.27    Subd. 2. Time of issuance; certain offices. No certificate of election shall be issued
25.28until seven days after the canvassing board has declared the result of the election. In case
25.29of a contest, an election certificate shall not be issued until a court of proper jurisdiction
25.30has finally determined the contest. This subdivision shall not apply to candidates elected
25.31to the office of state senator or representative.

25.32    Sec. 41. Minnesota Statutes 2014, section 204D.27, subdivision 11, is amended to read:
26.1    Subd. 11. Certificate of legislative election. A certificate of election in a special
26.2election for state senator or state representative shall be issued by the secretary of state to
26.3the individual declared elected by the county or state canvassing board chief clerk of the
26.4house or the secretary of the senate two days, excluding Sundays and legal holidays, after
26.5the appropriate canvassing board finishes canvassing the returns for the election.
26.6In case of a contest the certificate shall not be issued until the district court
26.7determines the contest.

26.8    Sec. 42. Minnesota Statutes 2014, section 205.13, subdivision 3, is amended to read:
26.9    Subd. 3. Filing fees. Unless the a charter provision or ordinance of a home rule
26.10charter or statutory city provides the amount of the fee for filing an application or affidavit
26.11of candidacy for city office, the filing fee for a municipal office is as follows:
26.12(a) (1) in first class cities, $20;
26.13(b) (2) in second and third class cities, $5; and
26.14(c) (3) in fourth class cities and towns, $2.

26.15    Sec. 43. Minnesota Statutes 2014, section 206.90, subdivision 6, is amended to read:
26.16    Subd. 6. Ballots. In precincts using optical scan voting systems, a single ballot card
26.17on which all ballot information is included must be printed in black ink on white colored
26.18material except that marks not to be read by the automatic tabulating equipment may be
26.19printed in another color ink. In state elections, a single ballot title must be used, as provided
26.20in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. In odd-numbered years
26.21when both municipal and school district offices or questions appear on the ballot, the
26.22single ballot title "City (or Town) and School District Ballot" must be used.
26.23On the front of the ballot must be printed the words "Official Ballot" and the date of
26.24the election and lines for the initials of at least two election judges.
26.25When optical scan ballots are used, the offices to be elected must appear in the
26.26following order: federal offices; state legislative offices; constitutional offices; proposed
26.27constitutional amendments; county offices and questions; municipal offices and questions;
26.28school district offices and questions; special district offices and questions; and judicial
26.29offices.
26.30On optical scan ballots, the names of candidates and the words "yes" and "no" for
26.31ballot questions must be printed as close to their corresponding vote targets as possible.
26.32The line on an optical scan ballot for write-in votes must contain the words "write-in,
26.33if any."
27.1If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the
27.2instructions to voters must include a statement that reads substantially as follows: "THIS
27.3BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN
27.4BALLOT. ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR
27.5CANDIDATES OF ONE POLITICAL PARTY ONLY." "This ballot card contains a
27.6partisan ballot and a nonpartisan ballot. On the partisan ballot you are permitted to vote for
27.7candidates of one political party only." If a primary ballot contains political party columns
27.8on both sides of the ballot, the instructions to voters must include a statement that reads
27.9substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE PRINTED ON
27.10THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE POLITICAL PARTY ONLY."
27.11"Additional political parties are printed on the other side of this ballot. Vote for one
27.12political party only." At the bottom of each political party column on the primary ballot,
27.13the ballot must contain a statement that reads substantially as follows: "CONTINUE
27.14VOTING ON THE NONPARTISAN BALLOT." "Continue voting on the nonpartisan
27.15ballot." The instructions in section 204D.08, subdivision 4, do not apply to optical scan
27.16partisan primary ballots. Electronic ballot displays and audio ballot readers must follow
27.17the order of offices and questions on the optical scan or paper ballot used in the same
27.18precinct, or the sample ballot posted for that precinct.

27.19    Sec. 44. Minnesota Statutes 2014, section 209.021, subdivision 2, is amended to read:
27.20    Subd. 2. Notice filed with court. If the contest relates to a nomination or
27.21election for statewide office, the contestant shall file the notice of contest with the court
27.22administrator of District Court in Ramsey County. For contests relating to any other office,
27.23the contestant shall file the notice of contest with the court administrator of district court
27.24in the county where the contestee resides.
27.25If the contest relates to a constitutional amendment or other question voted on
27.26statewide, the contestant shall file the notice of contest with the court administrator
27.27of District Court in Ramsey County. If the contest relates to any other question, the
27.28contestant shall file the notice of contest with the court administrator of district court for
27.29the county or any one of the counties where the question appeared on the ballot.

27.30    Sec. 45. Minnesota Statutes 2014, section 209.021, subdivision 3, is amended to read:
27.31    Subd. 3. Notice served on parties. In all contests relating to the nomination or
27.32election of a candidate, the notice of contest must be served on the candidate who is
27.33the contestee, a copy of the notice must be sent to the contestee's last known address
27.34by certified mail, and a copy must be furnished to the official authorized to issue the
28.1certificate of election. If personal or substituted service on the contestee cannot be made,
28.2an affidavit of the attempt by the person attempting to make service and the affidavit of
28.3the person who sent a copy of the notice to the contestee by certified mail is sufficient to
28.4confer jurisdiction upon the court to decide the contest.
28.5If the contest relates to a constitutional amendment or other question voted on
28.6statewide or voted on in more than one county, notice of contest must be served on the
28.7secretary of state, who is the contestee. If a contest relates to a question voted on within
28.8only one county, school district, or municipality, a copy of the notice of contest must be
28.9served on the county auditor, clerk of the school district, or municipal clerk, respectively,
28.10who is the contestee. If the contest is upon the question of consolidation or reorganization
28.11of a school district, a copy of the notice of contest must be served on the county auditor
28.12authorized by law to issue the order.

28.13    Sec. 46. Minnesota Statutes 2014, section 209.09, subdivision 2, is amended to read:
28.14    Subd. 2. Statewide offices and questions. Section 209.10, subdivision 4, applies to
28.15a contest regarding a statewide office, or a constitutional amendment, or other question
28.16voted on statewide. A copy of the Supreme Court's decision must be forwarded to the
28.17contestant and the contestee.

28.18    Sec. 47. Minnesota Statutes 2014, section 365.22, subdivision 2, is amended to read:
28.19    Subd. 2. Questions, ballot details. The questions to be voted on must be separately
28.20stated on the ballots, as worded in section 365.21. Two squares ovals or similar target
28.21shapes, one above the other, must be put just below each question with the word "yes"
28.22beside the upper square target shape and the word "no" beside the lower square target shape.

28.23    Sec. 48. Minnesota Statutes 2014, section 365.22, subdivision 3, is amended to read:
28.24    Subd. 3. Voting. An elector must vote separately on each question for the elector's
28.25vote to be counted on that question. To vote "yes" on a question, the elector shall mark an
28.26"X" in the square fill in the oval or similar target shape beside the word "yes" just below
28.27the question. To vote "no" on a question, the elector shall mark an "X" in the square fill in
28.28the oval or similar target shape beside the word "no" just below the question.

28.29    Sec. 49. Minnesota Statutes 2014, section 367.31, subdivision 4, is amended to read:
28.30    Subd. 4. Election; form of ballot. The proposals for adoption of the options shall
28.31be stated on the ballot substantially as follows:
29.1"Shall option A, providing for a five-member town board of supervisors, be adopted
29.2for the government of the town?"
29.3"Shall option B, providing for the appointment of the clerk and treasurer by the town
29.4board, be adopted for the government of the town?"
29.5"Shall option C, providing for the appointment of a town administrator by the town
29.6board, be adopted for the government of the town?"
29.7"Shall option D, providing for combining the offices of clerk and treasurer, be
29.8adopted for the government of the town?"
29.9If a proposal under option B is to appoint only the clerk or only the treasurer, or if it
29.10is to appoint the combined clerk-treasurer following the adoption of option D or when
29.11submitted simultaneously with the ballot question for option D, the ballot question shall be
29.12varied to read appropriately. If an option B ballot question is submitted for the combined
29.13clerk-treasurer office at the same election in which option D is also on the ballot, the
29.14ballot must note that the approval of option B is contingent on the simultaneous approval
29.15of option D. In any of these cases, the question shall be followed by the words "Yes"
29.16and "No" with an appropriate square oval or similar target shape before each in which
29.17an elector may record a choice.

29.18    Sec. 50. Minnesota Statutes 2014, section 368.85, subdivision 4, is amended to read:
29.19    Subd. 4. Ballot. The town board shall provide ballots which shall read "Shall
29.20the territory described in the resolution adopted by the town board on the ......... day of
29.21............., ......., constitute a special fire protection district?" The question shall be followed
29.22with a line with the word "Yes" and a square an oval or similar target shape after it and
29.23another line with the word "No" and a square an oval or similar target shape after it. The
29.24voters shall indicate their choice by placing a cross mark in one of the squares target
29.25shapes, and a direction to so indicate their choice shall be printed on the ballot.

29.26    Sec. 51. Minnesota Statutes 2014, section 376.04, is amended to read:
29.27376.04 ELECTION, SEPARATE BALLOT.
29.28The question of purchasing and constructing hospital buildings shall be submitted
29.29to the voters of any county at a general election and placed upon a separate ballot. This
29.30election must be called by a resolution of the county board. The resolution must state the
29.31time of the election, that a county hospital is proposed to be established, the proposed
29.32location, and the cost, including equipment, for not more than the amount stated in the
29.33resolution. When the resolutions are passed, the county auditor shall immediately notify
29.34each town or city clerk in the county that the question of constructing hospital buildings
30.1will be voted upon at the time stated in the resolution, in the manner provided under the
30.2state election laws.
30.3The ballot must be in the following form:
30.4"For the purchase and construction of hospital buildings, including equipment, to
30.5be located at ............... (state location), at a cost not more than .............. (state amount),
30.6pursuant to the resolution of the board of county commissioners passed .................. (state
30.7date).

30.8		Yes .....
30.9		No .....	"

30.10To the left of each of the last two words, "yes" and "no," shall be followed by a
30.11square in which the voter may indicate by a mark (X) either a negative or affirmative vote
30.12printed an oval or similar target shape so that the voter may indicate by a mark either a
30.13negative or affirmative vote. These votes shall be cast in the same manner as votes cast at
30.14the general election and counted by the same officers. Returns must be made to the county
30.15auditor, and canvassed in the same manner as the returns on county officers.

30.16    Sec. 52. Minnesota Statutes 2014, section 412.551, subdivision 2, is amended to read:
30.17    Subd. 2. Form of ballot. The proposals for the adoption of optional plans shall be
30.18stated on the ballot substantially as follows:
30.19"Shall Optional Plan A, modifying the standard plan of city government by
30.20providing for the appointment by the council of the clerk and treasurer be adopted for the
30.21government of the city?"
30.22"Shall Optional Plan B, providing for the council-manager form of city government,
30.23be adopted for the government of the city?"
30.24If the city has combined the offices of clerk and treasurer, the word "clerk-treasurer"
30.25shall be substituted for the words "clerk and treasurer" in the question on the ballot on
30.26adoption of Optional Plan A. In any of these cases, the question shall be followed by the
30.27words, "Yes" and "No" with an appropriate square before each in which a voter may
30.28record a choice oval or similar target shape to the left of each word so that the voter may
30.29indicate by a mark either a negative or affirmative vote.

30.30    Sec. 53. REPEALER.
30.31Minnesota Statutes 2014, sections 204C.13, subdivision 4; and 383A.555, are
30.32repealed.

31.1ARTICLE 2

31.2MILITARY AND OVERSEAS ABSENTEE VOTING

31.3    Section 1. Minnesota Statutes 2014, section 203B.01, subdivision 3, is amended to read:
31.4    Subd. 3. Military. "Military" means the Army, Navy, Air Force, Marine Corps,
31.5Coast Guard or Merchant Marine of the United States, and all other uniformed services as
31.6defined in United States Code, title 42, section 1973ff-6 52, section 20310, and military
31.7forces as defined by section 190.05, subdivision 3.

31.8    Sec. 2. Minnesota Statutes 2014, section 203B.16, subdivision 1, is amended to read:
31.9    Subdivision 1. Military service; temporary residence outside United States.
31.10Sections 203B.16 to 203B.27 provide alternative voting procedures for eligible voters who
31.11are absent from the precinct where they maintain residence because they are:
31.12(1) either in the military or the spouses or dependents of individuals serving in
31.13the military; or
31.14(2) temporarily outside the territorial limits of the United States.
31.15Sections 203B.16 to 203B.27 are intended to implement the federal Uniformed and
31.16Overseas Citizens Absentee Voting Act, United States Code, title 42, section 1973ff 52,
31.17sections 20301 to 20310.

31.18    Sec. 3. Minnesota Statutes 2014, section 203B.16, subdivision 2, is amended to read:
31.19    Subd. 2. Indefinite residence outside United States. Sections 203B.16 to
31.20203B.27 provide the exclusive voting procedure for United States citizens who are living
31.21indefinitely outside the territorial limits of the United States who meet all the qualifications
31.22of an eligible voter except residence in Minnesota, but who are authorized by federal law
31.23to vote in Minnesota because they or, if they have never resided in the United States,
31.24a parent maintained residence in Minnesota for at least 20 days immediately prior to
31.25their departure from the United States. Individuals described in this subdivision shall be
31.26permitted to vote only for the offices of president, vice-president, senator in Congress,
31.27and representative in Congress.

31.28    Sec. 4. Minnesota Statutes 2014, section 203B.17, subdivision 1, is amended to read:
31.29    Subdivision 1. Submission of application. (a) An application for absentee ballots
31.30for a voter described in section 203B.16 must be in writing and may be submitted in
31.31person, by mail, by electronic facsimile device, by electronic mail, or electronically
31.32through a secure Web site that shall be maintained by the secretary of state for this
32.1purpose, upon determination by the secretary of state that security concerns have been
32.2adequately addressed. An application for absentee ballots for a voter described in section
32.3203B.16 may be submitted by that voter or by that voter's parent, spouse, sister, brother, or
32.4child over the age of 18 years. For purposes of an application under this subdivision, a
32.5person's Social Security number, no matter how it is designated, qualifies as the person's
32.6military identification number if the person is in the military.
32.7(b) An application for a voter described in section 203B.16, subdivision 1, shall be
32.8submitted to the county auditor of the county where the voter maintains residence or
32.9through the secure Web site maintained by the secretary of state.
32.10(c) An application for a voter described in section 203B.16, subdivision 2, shall be
32.11submitted to the county auditor of the county where the voter or the voter's parent last
32.12maintained residence in Minnesota or through the secure Web site maintained by the
32.13secretary of state.
32.14(d) An application for absentee ballots shall be valid for any primary, special
32.15primary, general election, or special election from the time the application is received
32.16through the end of that calendar year.
32.17(e) There shall be no limitation of time for filing and receiving applications for
32.18ballots under sections 203B.16 to 203B.27.

32.19    Sec. 5. Minnesota Statutes 2014, section 203B.17, subdivision 2, is amended to read:
32.20    Subd. 2. Required information. An application shall be accepted if it contains the
32.21following information stated under oath:
32.22    (a) the voter's name, birthdate, and present address of residence in Minnesota, or
32.23former address of residence or parent's former address of residence in Minnesota if the
32.24voter is living permanently outside the United States;
32.25    (b) a statement indicating that the voter is in the military, or is the spouse or
32.26dependent of an individual serving in the military, or is temporarily outside the territorial
32.27limits of the United States, or is living permanently outside the territorial limits of the
32.28United States and voting under federal law;
32.29    (c) a statement that the voter expects to be absent from the precinct at the time
32.30of the election;
32.31    (d) the address to which absentee ballots are to be mailed;
32.32    (e) the voter's signature or the signature and relationship of the individual authorized
32.33to apply on the voter's behalf;
32.34    (f) the voter's passport number, Minnesota driver's license or state identification card
32.35number, or the last four digits of the voter's Social Security number; if the voter does not
33.1have access to any of these documents, the voter or other individual requesting absentee
33.2ballots may attest to the truthfulness of the contents of the application under penalty
33.3of perjury; and
33.4    (g) the voter's e-mail address, if the application was submitted electronically through
33.5the secure Web site maintained by the secretary of state.
33.6Notwithstanding paragraph (f), an application submitted through the secretary of state's
33.7Web site must include the voter's verifiable Minnesota driver's license number, Minnesota
33.8state identification card number, or the last four digits of the voter's Social Security
33.9number, and may only be transmitted to the county auditor for processing if the secretary
33.10of state has verified the application information matches the information in a government
33.11database associated with the applicant's driver's license number, state identification card
33.12number, or Social Security number. The secretary of state must review all unverifiable
33.13applications for evidence of suspicious activity and must forward any such application to
33.14an appropriate law enforcement agency for investigation.

33.15    Sec. 6. Minnesota Statutes 2014, section 204D.11, subdivision 4, is amended to read:
33.16    Subd. 4. Special federal ballot. (a) The names of all candidates for the offices
33.17of president and vice-president of the United States and senator and representative in
33.18Congress shall be placed on a ballot that shall be known as the "special federal ballot."
33.19(b) This ballot shall be prepared by the county auditor in the same manner as the
33.20state general election ballot and shall be subject to the rules adopted by the secretary of
33.21state pursuant to subdivision 1. This ballot must be prepared and furnished in accordance
33.22with the federal Uniformed and Overseas Citizens Absentee Voting Act, United States
33.23Code, title 42, section 1973ff 52, sections 20301 to 20310.
33.24(c) The special federal ballot shall be the only ballot sent to citizens of the United
33.25States who are eligible to vote by absentee ballot for federal candidates in Minnesota.

33.26ARTICLE 3

33.27UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT

33.28    Section 1. Minnesota Statutes 2014, section 204B.07, subdivision 2, is amended to read:
33.29    Subd. 2. Petitions for presidential electors and alternates. This subdivision
33.30does not apply to candidates for presidential elector or alternate nominated by major
33.31political parties. Major party candidates for presidential elector or alternate are certified
33.32under section 208.03. Other presidential electors or alternates are nominated by petition
33.33pursuant to this section. On petitions nominating presidential electors or alternates, the
34.1names of the candidates for president and vice-president shall be added to the political
34.2party or political principle stated on the petition. One petition may be filed to nominate a
34.3slate of presidential electors equal in number to the number of electors to which the state
34.4is entitled and an alternate for each elector nominee.

34.5    Sec. 2. Minnesota Statutes 2014, section 208.02, is amended to read:
34.6208.02 ELECTION OF PRESIDENTIAL ELECTORS AND ALTERNATES.
34.7Presidential electors and alternates shall be chosen at the state general election held
34.8in the year preceding the expiration of the term of the president of the United States.

34.9    Sec. 3. Minnesota Statutes 2014, section 208.03, is amended to read:
34.10208.03 NOMINATION OF PRESIDENTIAL ELECTORS AND
34.11ALTERNATES.
34.12Presidential electors and alternates for the major political parties of this state shall be
34.13nominated by delegate conventions called and held under the supervision of the respective
34.14state central committees of the parties of this state. At least 71 days before the general
34.15election day the chair of the major political party shall certify to the secretary of state
34.16the names of the persons nominated as presidential electors, the names of eight persons
34.17nominated as alternate presidential electors, and the names of the party candidates for
34.18president and vice president. The chair shall also certify that the party candidates for
34.19president and vice president have no affidavit on file as a candidate for any office in
34.20this state at the ensuing general election.

34.21    Sec. 4. Minnesota Statutes 2014, section 208.06, is amended to read:
34.22208.06 ELECTORS AND ALTERNATES TO MEET AT STATE CAPITOL;
34.23FILLING OF VACANCIES.
34.24The presidential electors and alternate presidential electors, before 12:00 M. on the
34.25day before that fixed by Congress for the electors to vote for president and vice president
34.26of the United States, shall notify the governor that they are at the State Capitol and ready
34.27at the proper time to fulfill their duties as electors. The governor shall deliver to the
34.28electors present a certificate of the names of all the electors. If any elector named therein
34.29fails to appear before 9:00 a.m. on the day, and at the place, fixed for voting for president
34.30and vice president of the United States, an alternate, chosen from among the alternates by
34.31lot, shall be appointed to act for that elector. If more than eight alternates are necessary,
34.32the electors present shall, in the presence of the governor, immediately elect by ballot a
35.1person to fill the vacancy. If more than the number of persons required have the highest
35.2and an equal number of votes, the governor, in the presence of the electors attending, shall
35.3decide by lot which of those persons shall be elected The electors shall meet at 12:00 p.m.
35.4in the executive chamber of the State Capitol and shall perform all the duties imposed
35.5upon them as electors by the Constitution and laws of the United States and this state
35.6in the manner provided in section 208.46.

35.7    Sec. 5. [208.40] SHORT TITLE.
35.8Sections 208.40 to 208.48 may be cited as the "Uniform Faithful Presidential
35.9Electors Act."

35.10    Sec. 6. [208.41] DEFINITIONS.
35.11(a) The definitions in this section apply to sections 208.40 to 208.48.
35.12(b) "Cast" means accepted by the secretary of state in accordance with section
35.13208.46, paragraph (b).
35.14(c) "Elector" means an individual selected as a presidential elector under this chapter.
35.15(d) "President" means the president of the United States.
35.16(e) "Unaffiliated presidential candidate" means a candidate for president who
35.17qualifies for the general election ballot in this state by means other than nomination by a
35.18political party.
35.19(f) "Vice president" means the vice president of the United States.

35.20    Sec. 7. [208.42] DESIGNATION OF STATE'S ELECTORS.
35.21(a) For each elector position in this state, a political party contesting the position, or
35.22an unaffiliated presidential candidate, shall submit to the secretary of state the names of
35.23two qualified individuals. One of the individuals must be designated "elector nominee"
35.24and the other "alternate elector nominee."
35.25(b) Except as otherwise provided in sections 208.44 to 208.47, this state's electors
35.26are the winning elector nominees under the laws of this state.

35.27    Sec. 8. [208.43] PLEDGE.
35.28Each elector nominee and alternate elector nominee of a political party shall execute
35.29the following pledge: "If selected for the position of elector, I agree to serve and to mark
35.30my ballots for president and vice president for the nominees for those offices of the party
35.31that nominated me." Each elector nominee and alternate elector nominee of an unaffiliated
35.32presidential candidate shall execute the following pledge: "If selected for the position
36.1of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and
36.2to mark my ballots for that candidate and for that candidate's vice presidential running
36.3mate." The executed pledges must accompany the submission of the corresponding names
36.4to the secretary of state.

36.5    Sec. 9. [208.44] CERTIFICATION OF ELECTORS.
36.6In submitting this state's certificate of ascertainment as required by United States
36.7Code, title 3, section 6, the governor shall certify this state's electors and state in the
36.8certificate that:
36.9(1) the electors will serve as electors unless a vacancy occurs in the office of elector
36.10before the end of the meeting at which elector votes are cast, in which case a substitute
36.11elector will fill the vacancy; and
36.12(2) if a substitute elector is appointed to fill a vacancy, the governor will submit an
36.13amended certificate of ascertainment stating the names on the final list of this state's
36.14electors.

36.15    Sec. 10. [208.45] PRESIDING OFFICER; ELECTOR VACANCY.
36.16(a) The secretary of state shall preside at the meeting of electors described in section
36.17208.06.
36.18(b) The position of an elector not present to vote is vacant. The secretary of state
36.19shall appoint an individual as a substitute elector to fill a vacancy as follows:
36.20(1) if the alternate elector is present to vote, by appointing the alternate elector
36.21for the vacant position;
36.22(2) if the alternate elector for the vacant position is not present to vote, by appointing
36.23an elector chosen by lot from among the alternate electors present to vote who were
36.24nominated by the same political party or unaffiliated presidential candidate;
36.25(3) if the number of alternate electors present to vote is insufficient to fill any
36.26vacant position pursuant to clauses (1) and (2), by appointing any immediately available
36.27individual who is qualified to serve as an elector and chosen through nomination by a
36.28plurality vote of the remaining electors, including nomination and vote by a single elector
36.29if only one remains;
36.30(4) if there is a tie between at least two nominees for substitute elector in a vote
36.31conducted under clause (3), by appointing an elector chosen by lot from among those
36.32nominees; or
37.1(5) if all elector positions are vacant and cannot be filled pursuant to clauses (1) to
37.2(4), by appointing a single presidential elector, with remaining vacant positions to be filled
37.3under clause (3) and, if necessary, clause (4).
37.4(c) To qualify as a substitute elector under paragraph (b), an individual who has not
37.5executed the pledge required under section 208.43 shall execute the following pledge: "I
37.6agree to serve and to mark my ballots for president and vice president consistent with the
37.7pledge of the individual to whose elector position I have succeeded."

37.8    Sec. 11. [208.46] ELECTOR VOTING.
37.9(a) At the time designated for elector voting in section 208.06, and after all vacant
37.10positions have been filled under section 208.45, the secretary of state shall provide each
37.11elector with a presidential and a vice presidential ballot. The elector shall mark the
37.12elector's presidential and vice presidential ballots with the elector's votes for the offices
37.13of president and vice president, respectively, along with the elector's signature and the
37.14elector's legibly printed name.
37.15(b) Except as otherwise provided by law of this state other than this chapter, each
37.16elector shall present both completed ballots to the secretary of state, who shall examine
37.17the ballots and accept as cast all ballots of electors whose votes are consistent with their
37.18pledges executed under section 208.43 or 208.45, paragraph (c). Except as otherwise
37.19provided by law of this state other than this chapter, the secretary of state may not accept
37.20and may not count either an elector's presidential or vice presidential ballot if the elector
37.21has not marked both ballots or has marked a ballot in violation of the elector's pledge.
37.22(c) An elector who refuses to present a ballot, presents an unmarked ballot, or
37.23presents a ballot marked in violation of the elector's pledge executed under section 208.43
37.24or 208.45, paragraph (c), vacates the office of elector, creating a vacant position to be
37.25filled under section 208.45.
37.26(d) The secretary of state shall distribute ballots to and collect ballots from a
37.27substitute elector and repeat the process under this section of examining ballots, declaring
37.28and filling vacant positions as required, and recording appropriately completed ballots from
37.29the substituted electors, until all of this state's electoral votes have been cast and recorded.

37.30    Sec. 12. [208.47] ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES.
37.31(a) After the vote of this state's electors is completed, if the final list of electors
37.32differs from any list that the governor previously included on a certificate of ascertainment
37.33prepared and transmitted under United States Code, title 3, section 6, the secretary of state
38.1immediately shall prepare an amended certificate of ascertainment and transmit it to
38.2the governor for the governor's signature.
38.3(b) The governor immediately shall deliver the signed amended certificate of
38.4ascertainment to the secretary of state and a signed duplicate original of the amended
38.5certificate of ascertainment to all individuals entitled to receive this state's certificate of
38.6ascertainment, indicating that the amended certificate of ascertainment is to be substituted
38.7for the certificate of ascertainment previously submitted.
38.8(c) The secretary of state shall prepare a certificate of vote. The electors on the final
38.9list shall sign the certificate. The secretary of state shall process and transmit the signed
38.10certificate with the amended certificate of ascertainment under United States Code, title
38.113, sections 9, 10, and 11.

38.12    Sec. 13. [208.48] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
38.13In applying and construing sections 208.40 to 208.48, consideration must be given
38.14to the need to promote uniformity of the law with respect to their subject matter among
38.15states that enact the Uniform Faithful Presidential Electors Act or similar law.

38.16    Sec. 14. Minnesota Statutes 2014, section 209.01, subdivision 2, is amended to read:
38.17    Subd. 2. Statewide office. For purposes of this chapter, "statewide office" means the
38.18office of governor, lieutenant governor, attorney general, state auditor, secretary of state,
38.19chief justice or associate justice of the Supreme Court, judge of the Court of Appeals,
38.20United States senator, or presidential elector or alternate.

38.21    Sec. 15. REPEALER.
38.22Minnesota Statutes 2014, sections 208.07; and 208.08, are repealed.