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1.1To: Senator Bakk, Chair
1.2Committee on Rules and Administration
1.4Chair of the Subcommittee on Elections, to which was referred
1.5S.F. No. 677:
A bill for an actrelating to elections; requiring training for polling place
1.6challengers; imposing additional requirements on polling place challengers;amending
1.7Minnesota Statutes 2012, section 204C.07, subdivisions 1, 2, 4, by adding a subdivision.
1.8Reports the same back with the recommendation that the bill be amended as follows:
1.9Delete everything after the enacting clause and insert:
1.12 Section 1. [2.395] THIRTY-NINTH DISTRICT.
1.13 Subdivision 1. Senate district. Senate District 39 consists of that district as
1.14described in the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie,
1.15No. A11-152 (February 21, 2012).
1.16 Subd. 2. House of representatives districts. Notwithstanding the order of the
1.17Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February
1.1821, 2012), Senate District 39, as described in that order, is divided into two house of
1.19representatives districts as follows:
1.20(a) House of Representatives District 39A consists of that district as described in
1.21file L39A-1, on file with the Geographic Information Systems Office of the Legislative
1.22Coordinating Commission and published on its Web site on March 9, 2012.
1.23(b) House of Representatives District 39B consists of that district as described in
1.24file L39B-1, on file with the Geographic Information Systems Office of the Legislative
1.25Coordinating Commission and published on its Web site on March 9, 2012.
1.26 Sec. 2. [2.495] FORTY-NINTH DISTRICT.
1.27 Subdivision 1. Senate district. Senate District 49 consists of that district as
1.28described in the order of the Minnesota Special Redistricting Panel in Hippert v. Ritchie,
1.29No. A11-152 (February 21, 2012).
1.30 Subd. 2. House of representatives districts. Notwithstanding the order of the
1.31Minnesota Special Redistricting Panel in Hippert v. Ritchie, No. A11-152 (February 21,
1.322012), Senate District 49 is divided into two house of representatives districts as follows:
1.33(a) House of Representatives District 49A consists of the district as described in
1.34that order, with the modification contained in file L49A-2, on file with the Geographic
1.35Information Systems Office of the Legislative Coordinating Commission and published on
1.36its Web site on March 28, 2012.
2.1(b) House of Representatives District 49B consists of the district as described in
2.2that order, with the modification contained in file L49B-2, on file with the Geographic
2.3Information Systems Office of the Legislative Coordinating Commission and published on
2.4its Web site on March 28, 2012.
2.5 Sec. 3. REPEALER.
2.6Minnesota Statutes 2012, sections 2.444; and 2.484, are repealed.
2.7 Sec. 4. EFFECTIVE DATE.
2.8This article is effective for the state primary and state general elections conducted
2.9in 2014 for terms of office beginning on the first Monday in January of 2015, and for all
2.10elections held thereafter.
2.13 Section 1. Minnesota Statutes 2012, section 201.022, subdivision 1, is amended to read:
2.14 Subdivision 1. Establishment. The secretary of state shall maintain a statewide
2.15voter registration system to facilitate voter registration and to provide a central database
2.16containing voter registration information from around the state. The system must be
2.17accessible to the county auditor of each county in the state. The system must also:
2.18(1) provide for voters to submit their voter registration applications to any county
2.19auditor, the secretary of state, or the Department of Public Safety;
2.20(2) provide for the definition, establishment, and maintenance of a central database
2.21for all voter registration information;
2.22(3) provide for entering data into the statewide registration system;
2.23(4) provide for electronic transfer of completed voter registration applications from
2.24the Department of Public Safety to the secretary of state or the county auditor;
2.25(5) assign a unique identifier to each legally registered voter in the state;
2.26(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
2.27state identification number, and last four digits of the Social Security number for each
2.29(7) coordinate with other agency databases within the state;
2.30(8) allow county auditors and the secretary of state to add or modify information in
2.31the system to provide for accurate and up-to-date records;
3.1(9) allow county auditors, municipal and school district clerks, and the secretary
3.2of state to have electronic access to the statewide registration system for review and
3.4(10) provide security and protection of all information in the statewide registration
3.5system and ensure that unauthorized access is not allowed;
3.6(11) provide access to municipal clerks to use the system;
3.7(12) provide a system for each county to identify the precinct to which a voter
3.8should be assigned for voting purposes;
3.9(13) provide daily reports accessible by county auditors on the driver's license
3.10numbers, state identification numbers, or last four digits of the Social Security numbers
3.11submitted on voter registration applications that have been verified as accurate by the
3.12secretary of state;
3.13(14) provide reports on the number of absentee ballots transmitted to and returned
3.14and cast by voters under section 203B.16
3.15(15) provide reports necessary for early voting.
3.16The appropriate state or local official shall provide security measures to prevent
3.17unauthorized access to the computerized list established under section 201.021.
3.18 Sec. 2. Minnesota Statutes 2012, section 203B.001, is amended to read:
3.19203B.001 ELECTION LAW APPLICABILITY.
3.20The Minnesota Election Law is applicable to voting by absentee ballot and early
3.21voting unless otherwise provided in this chapter.
3.22 Sec. 3. Minnesota Statutes 2012, section 203B.01, is amended by adding a subdivision
3.24 Subd. 5. Early voting. "Early voting" means voting in person before election day
3.25at the office of the county auditor or designated municipal clerk within the time period
3.26provided in section 203B.31.
3.27 Sec. 4. Minnesota Statutes 2012, section 203B.085, is amended to read:
3.28203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
3.29REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
3.30The county auditor's office in each county and the clerk's office in each city or
3.31town authorized under section 203B.05 to administer absentee balloting must be open
3.32for acceptance of absentee ballot applications and casting of absentee ballots from 8:00
3.33a.m. to 12:00 noon on the day immediately preceding a federal, state, or county election,
4.1unless that day falls on a Sunday. When performing the duties of the county auditor in
4.2an election not held in conjunction with a federal, state, or county election, the clerk's
4.3office must be open from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. on the
4.4day immediately preceding a primary, special, or general election unless that day falls
4.5on a Saturday or Sunday. Town clerks' offices must be open for absentee voting from
4.610:00 a.m. to 12:00 noon on the Saturday before a town general election held in March.
4.7The school district clerk, when performing the county auditor's election duties, need not
4.8comply with this section.
4.9 Sec. 5. Minnesota Statutes 2012, section 203B.121, subdivision 1, is amended to read:
4.10 Subdivision 1. Establishment; applicable laws. (a) The governing body of each
4.11county, municipality, and school district with responsibility to accept and reject absentee
4.12ballots or to administer early voting must, by ordinance or resolution, establish a ballot
4.13board. The board must consist of a sufficient number of election judges trained in the
4.14handling of absentee ballots and appointed as provided in sections 204B.19 to 204B.22.
4.15The board may include staff trained as election judges.
4.16(b) Each jurisdiction must pay a reasonable compensation to each member of that
4.17jurisdiction's ballot board for services rendered during an election.
4.18(c) Except as otherwise provided by this section, all provisions of the Minnesota
4.19Election Law apply to a ballot board.
4.20 Sec. 6. Minnesota Statutes 2012, section 203B.121, is amended by adding a
4.21subdivision to read:
4.22 Subd. 2a. Duties of ballot board; early voting. The members of the ballot board
4.23shall administer the process of early voting as prescribed in section 203B.35, and shall
4.24make a record of voters who cast ballots early and count those ballots as provided in
4.25subdivisions 4 and 5.
4.26 Sec. 7. Minnesota Statutes 2012, section 203B.121, subdivision 3, is amended to read:
4.27 Subd. 3. Record of voting. (a) When applicable, the county auditor or municipal
4.28clerk must immediately record that a voter's absentee ballot has been accepted or that the
4.29voter has cast a ballot pursuant to the early voting procedures provided in this chapter. A
4.30voter whose record indicates that the voter has cast an early ballot must not be permitted
4.31to cast another ballot in that election. After the close of business on the
4.33203B.31, a voter whose record indicates that an absentee ballot has been accepted or cast
5.1must not be permitted to cast another ballot at that election. In a state primary, general, or
5.2state special election for federal
5.3record this information in the statewide voter registration system.
5.4(b) The roster must be marked, and a supplemental report of absentee and early
5.5 voters who submitted a voter registration application with their ballot must be created, no
5.6later than the start of voting on election day to indicate the voters that have already cast a
5.7ballot at the election. The roster may be marked either:
5.8(1) by the county auditor or municipal clerk before election day;
5.9(2) by the ballot board before election day; or
5.10(3) by the election judges at the polling place on election day.
5.11The record of a voter whose absentee ballot was received after the close of business
5.12on the fourth day before the election is not required to be marked on the roster or contained
5.13in a supplemental report as required by this paragraph.
5.14 Sec. 8. Minnesota Statutes 2012, section 203B.121, subdivision 4, is amended to read:
5.15 Subd. 4. Opening of envelopes. After the close of business on the
5.17section 203B.31, the ballots from return envelopes marked "Accepted" may be opened,
5.18duplicated as needed in the manner provided in section 206.86, subdivision 5, initialed by
5.19the members of the ballot board, and deposited in the appropriate ballot box. If more than
5.20one ballot is enclosed in the ballot envelope, the ballots must be returned in the manner
5.21provided by section 204C.25 for return of spoiled ballots, and may not be counted.
5.22 Sec. 9. [203B.30] EARLY VOTING.
5.23Any eligible voter may vote in person before election day in the manner provided
5.24in sections 203B.31 to 203B.35.
5.25 Sec. 10. [203B.31] TIME PERIOD FOR EARLY VOTING.
5.26Early voting must be available to any eligible voter as provided in section 203B.32
5.27for every primary, general, and special election for federal, state, or county office from 15
5.28days before the election through 5:00 p.m. on the third day before the election. All voters
5.29in line at 5:00 p.m. on the third day before the election must be allowed to vote in the
5.30same manner as provided in section 204C.05, subdivision 2.
5.31 Sec. 11. [203B.32] HOURS FOR EARLY VOTING.
6.1Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on
6.2each weekday during the time period provided in section 203B.31, from 8:00 a.m. to 8:00
6.3p.m. on at least one weekday, and from 10:00 a.m. to 5:00 p.m. on the two Saturdays
6.4before the election.
6.5 Sec. 12. [203B.33] LOCATIONS FOR EARLY VOTING.
6.6(a) Early voting must be made available at polling places designated in the county
6.7auditor's offices in county-owned or operated buildings and at the municipal clerk's office
6.8in every municipality that has been delegated the responsibility to administer absentee
6.9voting as provided in section 203B.05. At least one voting station and one ballot marking
6.10device for disabled voters must be made available in each polling place.
6.11(b) The county auditor must make an electronic ballot counter available in each
6.13 Sec. 13. [203B.34] NOTICE TO VOTERS.
6.14The county auditor must prepare a notice to the voters of the days, times, and
6.15locations for early voting. This notice must be posted on the county's Web site and the
6.16Web site for each municipality in the county where an early voting location is designated
6.17for the election at least 14 days before the first day for early voting. If a county or
6.18municipality does not have a Web site, the county auditor or municipality clerk must
6.19publish the notice at least once in the jurisdiction's official newspaper at least seven days
6.20and not more than 14 days before the first day for early voting.
6.21 Sec. 14. [203B.35] PROCEDURES FOR EARLY VOTING.
6.22 Subdivision 1. Voting procedure. Each voter shall sign the certification provided in
6.23section 204C.10. An individual who is not registered to vote must register in the manner
6.24provided in section 201.061, subdivision 3.
6.25After the voter has signed the certification, a member of the ballot board must
6.26provide a ballot to the voter. Ballots must be prepared and distributed by members of the
6.27ballot board in the manner provided in section 204C.09. The voter must mark the ballot
6.28and deposit it in either a precinct voting system. A voter may not leave the polling place
6.29with the ballot.
6.30 Subd. 2. Processing of ballots. Ballots cast pursuant to sections 203B.30 to
6.31203B.35 must be processed and counted by a ballot board.
6.32 Sec. 15. Minnesota Statutes 2012, section 204B.28, subdivision 2, is amended to read:
7.1 Subd. 2. Election supplies; duties of county auditors and clerks. (a) Except as
7.2otherwise provided for absentee ballots in this section and in section 204B.35, subdivision
7.34 , the county auditor shall complete the preparation of the election materials for which
7.4the auditor is responsible at least four days before every state primary and state general
7.5election. At any time after all election materials are available from the county auditor
7.6but not later than four days before the election each municipal clerk shall secure from
7.7the county auditor:
7.12ballot returns, and other supplies and materials required for each precinct in order to
7.13comply with the provisions of the Minnesota Election Law. The county auditor may
7.14furnish the election supplies to the municipal clerks in the same manner as the supplies are
7.15furnished to precincts in unorganized territory pursuant to section 204B.29, subdivision 1.
7.16(b) The county auditor must prepare and make available election materials for early
7.17voting to city clerks designed to administer early voting under section 203B.05 at least
7.18one day prior to the beginning of the early voting period as provided in section 203B.31.
7.19 Sec. 16. Minnesota Statutes 2012, section 206.82, subdivision 1, is amended to read:
7.20 Subdivision 1. Program. A program or programs for use in an election conducted
7.21by means of an electronic voting system or using an electronic ballot marker shall be
7.22prepared at the direction of the county auditor or municipal clerk who is responsible for
7.23the conduct of the election and shall be independently verified by a competent person
7.24designated by that official. The term "competent person" as used in this section means a
7.25person who can demonstrate knowledge as a computer programmer and who is other than
7.26and wholly independent of any person operating or employed by the counting center or the
7.27corporation or other preparer of the program. A test deck prepared by a competent person
7.28shall be used for independent verification of the program; it shall test the maximum digits
7.29used in totaling the returns and shall be usable by insertion during the tabulation process
7.30as well as prior to tabulation. A test deck must also be prepared using the electronic ballot
7.31marker program and must also be used to verify that all valid votes counted by the vote
7.32tabulator may be selected using the electronic ballot marker. The computer program for
7.33any election and an exact duplicate of the program for use as backup must be completed
7.34and delivered to the election jurisdiction or the county auditor in charge of a common
8.1central counting center at least 27 days prior to the election. The secretary of state shall
8.2adopt rules further specifying test procedures.
8.3 Sec. 17. Minnesota Statutes 2012, section 206.83, is amended to read:
8.4206.83 TESTING OF VOTING SYSTEMS.
8.6the voting system tested to ascertain that the system will correctly mark ballots using all
8.7methods supported by the system, including through assistive technology, and count the
8.8votes cast for all candidates and on all questions. Public notice of the time and place of the
8.9test must be given at least two days in advance by publication once in official newspapers.
8.10The test must be observed by at least two election judges, who are not of the same major
8.11political party, and must be open to representatives of the political parties, candidates, the
8.12press, and the public. The test must be conducted by (1) processing a preaudited group
8.13of ballots punched or marked to record a predetermined number of valid votes for each
8.14candidate and on each question, and must include for each office one or more ballot cards
8.15which have votes in excess of the number allowed by law in order to test the ability of
8.16the voting system tabulator and electronic ballot marker to reject those votes; and (2)
8.17processing an additional test deck of ballots marked using the electronic ballot marker
8.18for the precinct, including ballots marked using the electronic ballot display, audio ballot
8.19reader, and any assistive voting technology used with the electronic ballot marker. If any
8.20error is detected, the cause must be ascertained and corrected and an errorless count must
8.21be made before the voting system may be used in the election. After the completion of
8.22the test, the programs used and ballot cards must be sealed, retained, and disposed of as
8.23provided for paper ballots.
8.24 Sec. 18. APPROPRIATION.
8.25$....... is appropriated in fiscal year 2014 from the general fund to the secretary
8.26of state to implement this article.
8.27 Sec. 19. EFFECTIVE DATE; APPLICABILITY.
8.28The provisions of this article related to early voting are effective when the secretary
8.29of state has certified that:
8.30(1) the statewide voter registration system has been tested and shown to properly
8.31allow for the tracking of the information required to conduct early voting, and can handle
8.32the expected volume of use; and
9.1(2) precinct voting equipment that can tabulate at least 30 different ballot styles
9.2has been certified for use in this state. Upon certification pursuant to this section, the
9.3provisions of this act related to early voting apply to all federal, state, and county elections
9.4held on August 1, 2014, and thereafter. A jurisdiction may implement the requirements
9.5of this act prior to the date provided in this section, if the secretary of state has made the
9.6required certifications at least 90 days prior to the date of the election at which early
9.7voting will be used.
9.10 Section 1. Minnesota Statutes 2012, section 203B.02, subdivision 1, is amended to read:
9.11 Subdivision 1.
9.17vote by absentee ballot as provided in sections 203B.04 to 203B.15.
9.23 Sec. 2. Minnesota Statutes 2012, section 203B.03, subdivision 1, is amended to read:
9.24 Subdivision 1. Violation. No individual shall intentionally:
9.29to cast an illegal ballot;
9.32casting an illegal vote in any precinct or for the purpose of aiding another to cast an
10.2purposes unrelated to elections, political activities, or law enforcement;
10.4by section 204C.15, subdivision 1;
10.6of the voter during the time the individual knows the absentee or early voter is voting; or
10.8except by an election official for administrative purposes.
10.9Before inspecting information from absentee ballot or early voting materials or
10.10records, an individual shall provide identification to the public official having custody of
10.11the material or information.
10.12 Sec. 3. Minnesota Statutes 2012, section 203B.04, subdivision 1, is amended to read:
10.13 Subdivision 1. Application procedures. (a) Except as otherwise allowed by
10.14subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for
10.15any election may be submitted at any time not less than one day before the day of that
10.16election. The county auditor shall prepare absentee ballot application forms in the format
10.17provided by the secretary of state and shall furnish them to any person on request. By
10.18January 1 of each even-numbered year, the secretary of state shall make the forms to be
10.19used available to auditors through electronic means. An application submitted pursuant to
10.20this subdivision shall be in writing and shall be submitted to:
10.21 (1) the county auditor of the county where the applicant maintains residence; or
10.22 (2) the municipal clerk of the municipality, or school district if applicable, where
10.23the applicant maintains residence.
10.24 (b) An application shall be approved if it is timely received, signed and dated by
10.25the applicant, contains the applicant's name and residence and mailing addresses, date
10.26of birth, and at least one of the following:
10.27(1) the applicant's Minnesota driver's license number;
10.28(2) Minnesota state identification card number;
10.29(3) the last four digits of the applicant's Social Security number; or
10.30(4) a statement that the applicant does not have any of these numbers.
10.31(c) To be approved, the application must
10.33that the information contained on the form is accurate, that the applicant is applying on the
10.34applicant's own behalf, and that the applicant is signing the form under penalty of perjury.
11.1(d) An applicant's full date of birth, Minnesota driver's license or state identification
11.2number, and the last four digits of the applicant's Social Security number must not be
11.3made available for public inspection. An application may be submitted to the county
11.4auditor or municipal clerk by an electronic facsimile device. An application mailed or
11.5returned in person to the county auditor or municipal clerk on behalf of a voter by a
11.6person other than the voter must be deposited in the mail or returned in person to the
11.7county auditor or municipal clerk within ten days after it has been dated by the voter and
11.8no later than six days before the election. The absentee ballot applications or a list of
11.9persons applying for an absentee ballot may not be made available for public inspection
11.10until the close of voting on election day.
11.11 (e) An application under this subdivision may contain an application under
11.12subdivision 5 to automatically receive an absentee ballot application.
11.13 Sec. 4. Minnesota Statutes 2012, section 203B.04, subdivision 5, is amended to read:
11.14 Subd. 5. Permanent
11.17clerk under this section to automatically receive an absentee ballot
11.18election, other than an election by mail conducted under section 204B.45, and to have the
11.19status as a permanent absentee voter indicated on the voter's registration record.
11.20(b) A voter who applies under paragraph (a), must automatically be provided an
11.21absentee ballot for each eligible election. Ballots sent in accordance with this section must
11.22be sent by nonforwardable mail. A voter's permanent absentee status ends and automatic
11.23ballot delivery must be terminated on:
11.24(1) the voter's written request;
11.25(2) the voter's death;
11.26(3) return of a permanent absentee ballot as undeliverable; or
11.27(4) a change in the voter's status to "challenged" or "inactive" in the statewide voter
11.29(c) The secretary of state shall adopt rules governing procedures under this
11.31 Sec. 5. Minnesota Statutes 2012, section 203B.06, subdivision 1, is amended to read:
11.32 Subdivision 1. Printing and delivery of forms. Each county auditor and municipal
11.33clerk shall prepare and print a sufficient number of blank application forms for absentee
11.34ballots. The county auditor or municipal clerk shall deliver a blank application form to
12.1any voter who requests one pursuant to section 203B.04.
12.13 Sec. 6. Minnesota Statutes 2012, section 203B.065, is amended to read:
12.14203B.065 USING THE REGISTRATION SYSTEM.
12.15(a) Upon accepting an application for a state primary or state general election, the
12.16county auditor or municipal clerk shall record in the statewide voter registration system the
12.17voter's name, date of birth, address of residence in Minnesota, mailing address, Minnesota
12.18driver's license or state identification number, or the last four digits of the voter's Social
12.19Security number, if provided by the voter. Upon acceptance of an absentee ballot
12.20application of a voter who is registered to vote at an address different from the residential
12.21address certified on the absentee ballot application, the voter registration record with the
12.22previous address shall be challenged. Once the absentee ballot has been transmitted to the
12.23voter, the method of transmission and the date of transmission must be recorded.
12.24(b) Upon receipt of a returned absentee ballot for a state primary or state general
12.25election, the county auditor or municipal clerk shall record in the statewide voter
12.26registration system that the voter has returned the ballot.
12.27(c) Upon receipt of notice that the ballot board has accepted or rejected the absentee
12.28ballot for a state primary or state general election, the county auditor or municipal clerk
12.29shall record in the statewide voter registration system whether the ballot was accepted or
12.30rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to
12.31the voter, the county auditor or municipal clerk shall record this in the statewide voter
12.33(d) The labels provided for envelopes used for transmitting an absentee ballot to
12.34and from an applicant for an absentee ballot for a state primary or state general election
12.35must contain bar codes generated by the statewide voter registration system to facilitate
13.1the recording required under this section. A county auditor or municipal clerk entering
13.2information into the statewide voter registration system under this section must include the
13.3information provided on the bar code label whenever information is entered into the system.
13.4 Sec. 7. EXPLANATION OF ABSENTEE BALLOT CHANGES; COUNTY
13.6No later than 60 days prior to the date of the state primary in 2014, each county
13.7auditor shall mail an explanation of the changes to the permanent absentee balloting
13.8process and an updated permanent absentee voter application to every voter with
13.9permanent absentee ballot status in the county auditor's county. Each county auditor shall
13.10also mail this explanation to every voter in the county auditor's county with ongoing
13.11absentee ballot status on the voter's voter record as of the effective date of this act. A voter
13.12must return the application to maintain the voter's status as a permanent absentee voter.
13.13Upon receipt of a completed application, the county auditor shall scan and retain an
13.14image of the application until the permanent absentee voter's status ends.
13.15 Sec. 8. REPEALER.
13.16Minnesota Statutes 2012, section 203B.04, subdivision 6, is repealed.
13.17 Sec. 9. EFFECTIVE DATE.
13.18This article is effective January 1, 2014, and applies to voting at elections conducted
13.19on the date of the state primary in 2014 and thereafter.
13.22 Section 1. Minnesota Statutes 2012, section 204B.13, subdivision 1, is amended to read:
13.23 Subdivision 1.
13.25in nomination exists for a partisan office when
13.29accordance with section 204D.03, subdivision 3, or 204D.10, subdivision 1:
13.31(2) withdraws as provided in section 204B.12, subdivision 1
14.1(3) withdraws by filing an affidavit of withdrawal, as provided in paragraph (b), at
14.2least one day prior to the general election with the same official who received the affidavit
14.4(b) An affidavit of withdrawal filed under paragraph (a), clause (3), must state that
14.5the candidate has been diagnosed with a catastrophic illness that will permanently and
14.6continuously incapacitate the candidate and prevent the candidate from performing the
14.7duties of the office sought, if elected. The affidavit must be accompanied by a certificate
14.8verifying the candidate's illness meets the requirements of this paragraph, signed by at
14.9least two licensed physicians. The affidavit and certificate may be filed by the candidate
14.10or the candidate's legal guardian.
14.11 Sec. 2. Minnesota Statutes 2012, section 204B.13, subdivision 2, is amended to read:
14.12 Subd. 2. Partisan office; nomination by party; special election. (a)
14.14provided in subdivision 5, a major political party
14.15in nomination of that party's candidate as defined in subdivision 1, clause (1) or (3) by
14.17candidacy for that office.
14.19designation of an appropriate committee, to fill
14.21shall be prepared under the direction of and executed by the chair and secretary of the
14.22political party and filed within
14.27 When filing the certificate the chair and secretary
14.28affidavit stating that the newly nominated candidate has been selected under the rules of
14.29the party and that the individuals signing the certificate and making the affidavit are the
14.30chair and secretary of the party.
14.31(b) In the case of a vacancy in nomination for partisan office that occurs on or before
14.32the 79th day before the general election, the major political party must file the nomination
14.33certificate no later than 71 days before the general election. The name of the candidate
14.34nominated by the party must appear on the general election ballot.
15.1(c) Except as provided in subdivision 5, in the case of a vacancy in nomination for
15.2a partisan office that occurs after the 79th day before the general election, the general
15.3election ballot shall remain unchanged, but the county and state canvassing boards must
15.4not certify the vote totals for that office from the general election, and the office must be
15.5filled at a special election held in accordance with this section. Except for the vacancy
15.6in nomination, all other candidates whose names appeared on the general election ballot
15.7for the office must appear on the special election ballot for the office. New affidavits of
15.8candidacy or nominating petitions may not be accepted, and there must not be a primary to
15.9fill the vacancy in nomination. The major political party may file a nomination certificate
15.10as provided in paragraph (a), no later than seven days after the general election. On the
15.11date of the general election, the county auditor or municipal clerk shall post a notice
15.12in each precinct affected by a vacancy in nomination under this paragraph, informing
15.13voters of the statutory reason for the vacancy in nomination as provided in subdivision 1,
15.14paragraph (a), clauses (1) and (3), and the procedures for filling the vacancy in nomination
15.15and conducting a special election as required by this section. The secretary of state shall
15.16prepare and electronically distribute the notice to county auditors in each county affected
15.17by a vacancy in nomination.
15.18 Sec. 3. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
15.20 Subd. 2a. Partisan office; filing period. A vacancy in nomination for a partisan
15.21office due to a withdrawal of a candidate under section 204B.12, subdivision 1, may
15.22be filled in the manner provided in sections 204B.06, 204B.09, and 204B.11, except
15.23that all documents and fees required by those sections must be filed within five days
15.24after the vacancy in nomination occurs. There must be a two-day period for withdrawal
15.25of candidates after the last day for filing.
15.26If there is more than one candidate at the end of the withdrawal period to fill
15.27the vacancy in nomination, the candidates' names must appear on the primary ballot.
15.28Otherwise, the candidate's name must appear on the general election ballot.
15.29 Sec. 4. Minnesota Statutes 2012, section 204B.13, subdivision 5, is amended to read:
15.30 Subd. 5. Candidates for governor and lieutenant governor. (a) If a vacancy in
15.31nomination for a major political party occurs in the race for governor, the political party
15.32must nominate the candidates for both governor and lieutenant governor. If a vacancy
15.33in nomination for a major political party occurs in the race for lieutenant governor,
15.34 the candidate for governor
16.5(b) For a vacancy in nomination for lieutenant governor that occurs on or before the
16.7must be submitted by the governor candidate to the filing officer
16.9 no later than 71 days before the general election. If the vacancy in nomination
16.11after the 79th day before the general election, the candidate for governor shall submit the
16.12name of the new lieutenant governor candidate to the secretary of state within seven days
16.13after the vacancy in nomination
16.19(c) When a vacancy in nomination for lieutenant governor occurs after the 79th day
16.20before the general election, the county auditor or municipal clerk shall post a notice in
16.21each precinct affected by the vacancy in nomination. The secretary of state shall prepare
16.22and electronically distribute the notice to county auditors. The county auditor must ensure
16.23that each precinct in the county receives the notice prior to the opening of the polls on
16.24election day. The notice must include:
16.25(1) a statement that there is a vacancy in nomination for lieutenant governor and the
16.26statutory reason for the vacancy in nomination as provided in subdivision 1, paragraph
16.27(a), clauses (1) and (3);
16.28(2) a statement that the results for the governor and lieutenant governor will be
16.29counted and that no special election will be held for that race; and
16.30(3) a list of all candidates in the governor and lieutenant governor's race, listed in order
16.31of the base rotation. The listing of candidates shall include the name of the candidate to
16.32fill the vacancy in nomination for lieutenant governor. If the name of the candidate has not
16.33yet been named, then the list must include the date by which the candidate will be named.
16.34 Sec. 5. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
17.1 Subd. 7. Date of special election. If a special election is required under this section,
17.2the governor shall issue a writ calling for a special election to be conducted on the second
17.3Tuesday in February of the year following the year the vacancy in nomination occurred.
17.4Except where otherwise provided in this section, the writ shall be issued and the special
17.5election conducted according to the requirements of sections 204D.22 to 204D.27.
17.6 Sec. 6. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
17.8 Subd. 8. Absentee voters. At least 46 days, but no more than 50 days, before a
17.9special election conducted under this section, the county auditor shall transmit an absentee
17.10ballot for the special election to each applicant for an absentee ballot whose application
17.11for an absentee ballot for the preceding general election was recorded under section
17.12203B.04 or 203B.17. New applicants for an absentee ballot may be provided a ballot
17.13in the manner specified in chapter 203B.
17.14 Sec. 7. Minnesota Statutes 2012, section 204B.13, is amended by adding a subdivision
17.16 Subd. 9. Appropriation. In the case of a statewide special election under this
17.17section, the amount necessary is appropriated from the general fund to the secretary of
17.18state to cover costs incurred by the state, county, and municipal governments to conduct
17.19the special election.
17.20 Sec. 8. [204B.131] VACANCY IN NOMINATION; NONPARTISAN OFFICE.
17.21 Subdivision 1. Applicability. A vacancy in nomination for a nonpartisan office
17.22must be filled in the manner provided by this section. A vacancy in nomination for a
17.23nonpartisan office exists when:
17.24(1) a candidate for any nonpartisan office, for which one or two candidates filed,
17.25withdraws as provided in section 204B.12, subdivision 1; or
17.26(2) a candidate for any nonjudicial nonpartisan office, for which only one or two
17.27candidates filed or who was nominated at a primary, dies more than 79 days before the
17.28date of the general election.
17.29 Subd. 2. Procedure for filling vacancy. A vacancy in nomination for a nonpartisan
17.30office may be filled by filing an affidavit of candidacy and paying a filing fee, or by filing
17.31an affidavit of candidacy and filing a petition in place of a filing fee, in the manner
17.32provided in sections 204B.06, 204B.09, and 204B.11. All documents and fees required by
18.1this subdivision must be filed within five days after the vacancy in nomination occurs.
18.2There must be a two-day period for withdrawal of candidates after the last day for filing.
18.3If the vacancy in nomination resulted from a withdrawal during the withdrawal
18.4period held on the 68th to 69th day before the primary, and if, at the end of the withdrawal
18.5period to fill the vacancy in nomination, there are more than two candidates, the
18.6candidates' names must appear on the primary ballot. In all other cases, the candidates'
18.7names must appear on the general election ballot.
18.8 Sec. 9. Minnesota Statutes 2012, section 204D.19, is amended by adding a subdivision
18.10 Subd. 6. Writ when vacancy results from vacancy in nomination. If a vacancy in
18.11office is due to a vacancy in nomination under section 204B.13, the governor shall issue a
18.12writ in the manner provided in that section.
18.13 Sec. 10. REPEALER.
18.14Minnesota Statutes 2012, sections 204B.12, subdivision 2a; and 204B.13,
18.15subdivisions 4 and 6, are repealed.
18.16 Sec. 11. EFFECTIVE DATE.
18.17This article is effective the day following final enactment and apply to vacancies in
18.18nomination occurring on or after that date.
18.21 Section 1. Minnesota Statutes 2012, section 103C.225, subdivision 3, is amended to
18.23 Subd. 3. Referendum. (a)
18.27provide written notice to the secretary of state and the county auditor of each county in
18.28which the district is located no later than 74 days before the state general election. The
18.29notice must include the date of the election and the title and text of the question to be
18.30placed on the ballot. Prior to the referendum, the state board shall facilitate the preparation
18.31of a plan to continue the administration of the powers, duties, and responsibilities of the
18.32district, including the functions of the district board.
19.1(b) The question shall
19.3of the soil and water conservation district to be here inserted)
19.7(c) Only eligible voters in the district may vote in the referendum.
19.8(d) Informalities in the conduct of the referendum or matters relating to the
19.9referendum do not invalidate the referendum, or result of the referendum, if due notice has
19.10been given and the referendum has been fairly conducted.
19.11(e) The state board shall publish the result of the referendum.
19.12 Sec. 2. Minnesota Statutes 2012, section 103C.305, subdivision 3, is amended to read:
19.13 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
19.14candidates shall be placed on the
19.16and Water Conservation District Supervisor" or "Conservation District Supervisor," based
19.17upon the district from which the supervisor is to be elected.
19.18 Sec. 3. Minnesota Statutes 2012, section 103C.311, subdivision 2, is amended to read:
19.19 Subd. 2. Supervisors elected by districts. (a) The district board, with the approval
19.20of the state board, may by resolution provide that supervisors will be elected by supervisor
19.21districts as provided in this subdivision.
19.22(b) The supervisor districts must be composed of precincts established by county and
19.23municipal governing bodies under section 204B.14. The districts must be compact, include
19.24only contiguous territory, and be substantially equal in population. The districts must be
19.25numbered in a regular series. The districts must be drawn by the county board of the county
19.26containing the largest area of the soil and water conservation district, in consultation with
19.27the district board and with the approval of the state board. The boundaries of the districts
19.28must be redrawn after each decennial federal census as provided in section 204B.135. A
19.29certified copy of the resolution establishing supervisor districts must be filed by the chair
19.30of the district board with the county auditor of the counties where the soil and water
19.31conservation district is located, with the state board, and with the secretary of state
19.33must occur within 80 days of the time when the legislature has been redistricted or at least
19.3415 weeks before the state primary election in a year ending in two, whichever comes first.
20.1(c) Each supervisor district is entitled to elect one supervisor. A supervisor must be a
20.2resident of the district from which elected.
20.3(d) The district board shall provide staggered terms for supervisors elected by
20.4district. After each redistricting, there shall be a new election of supervisors in all the
20.5districts at the next general election, except that if the change made in the boundaries of a
20.6district is less than five percent of the average population of all the districts, the supervisor
20.7in office at the time of the redistricting shall serve for the full term for which elected. The
20.8district board shall determine by lot the seats to be filled for a two-year term, a four-year
20.9term, and a six-year term.
20.10 Sec. 4. Minnesota Statutes 2012, section 201.071, subdivision 2, is amended to read:
20.11 Subd. 2. Instructions. A registration application shall be accompanied by
20.12instructions specifying the manner and method of registration, the qualifications for
20.13voting, the penalties for false registration, and the availability of registration and voting
20.14assistance for elderly and disabled individuals and residents of health care facilities and
20.15hospitals. The instructions must indicate that if the voter does not have a valid Minnesota
20.16driver's license or identification card, the last four digits of the voter's Social Security
20.17number must be provided, unless the voter does not have a Social Security number. If,
20.18prior to election day, a person requests the instructions in Braille,
20.19format, or in a version printed in 16-point bold type with 24-point leading, the county
20.20auditor shall provide them in the form requested. The secretary of state shall prepare
20.22 Sec. 5. Minnesota Statutes 2012, section 201.091, subdivision 8, is amended to read:
20.23 Subd. 8. Registration places. Each county auditor shall designate a number of
20.24public buildings in those political subdivisions of the county where preregistration of
20.25voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may
20.26register to vote.
20.30 An adequate supply of registration applications and instructions must be maintained
20.31at each designated location, and a designated individual must be available there to accept
20.32registration applications and transmit them to the county auditor.
20.33 A person who, because of disability, needs assistance in order to determine eligibility
20.34or to register must be assisted by a designated individual. Assistance includes but is not
21.1limited to reading the registration form and instructions and filling out the registration
21.2form as directed by the eligible voter.
21.3 Sec. 6. Minnesota Statutes 2012, section 201.12, subdivision 3, is amended to read:
21.4 Subd. 3. Moved out of state. If any nonforwardable mailing from an election
21.5official is returned as undeliverable but with a permanent forwarding address outside this
21.6state, the county auditor shall promptly mail to the voter at the voter's new address a notice
21.7advising the voter that the voter's status in the statewide voter registration system will be
21.8changed to "inactive" unless the voter notifies the county auditor within 21 days that the
21.9voter is retaining the former address as the voter's address of residence. If the voter's
21.10record is challenged due to a felony conviction, lack of United States citizenship, legal
21.11incompetence, or court-ordered revocation of voting rights of persons under guardianship,
21.12the county auditor must not mail this notice. If the notice is not received by the deadline,
21.13the county auditor shall change the voter's status to "inactive" in the statewide voter
21.15 Sec. 7. Minnesota Statutes 2012, section 201.13, subdivision 1a, is amended to read:
21.16 Subd. 1a. Social Security Administration; other reports of deceased residents.
21.17The secretary of state shall determine if any of the persons listed on either the Social
21.18Security Death Index or reported as deceased by the vital records department of another
21.19state are registered to vote and prepare a list of those registrants for each county auditor.
21.20The county auditor shall change the status of those registrants to "deceased" in the
21.21statewide voter registration system.
21.22 Sec. 8. Minnesota Statutes 2012, section 201.14, is amended to read:
21.23201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT
21.24CHANGES OF NAMES.
21.25The state court administrator shall regularly report by electronic means to the
21.26secretary of state the name, address, and, if available, driver's license or state identification
21.27card number of each individual, 18 years of age or over, whose name was changed since
21.28the last report, by marriage, divorce, or any order or decree of the court. The secretary of
21.29state shall determine if any of the persons in the report are registered to vote under their
21.30previous name and shall prepare a list of those registrants for each county auditor. Upon
21.31receipt of the list, the county auditor shall make the change in the voter's record and mail
21.32to the voter the notice of registration required by section 201.121, subdivision 2. A notice
21.33must not be mailed if the voter's record is challenged due to a felony conviction, lack of
22.1United States citizenship, legal incompetence, or court-ordered revocation of voting rights
22.2of persons under guardianship.
22.3 Sec. 9. Minnesota Statutes 2012, section 202A.14, subdivision 1, is amended to read:
22.4 Subdivision 1. Time and manner of holding; postponement. (a) In every state
22.5general election year, beginning at 7:00 p.m. on the date established pursuant to paragraph
22.6(b), there shall be held for every election precinct a party caucus in the manner provided
22.7in sections 202A.14 to 202A.19.
22.8 (b)(1) The chairs of the two largest major political parties shall jointly submit to
22.9the secretary of state, no later than March 1 of each odd-numbered year, the single date
22.10on which the two parties have agreed to conduct their precinct caucuses in the next
22.13parties have agreed on a single date on which to conduct their precinct caucuses, the
22.14secretary of state shall publicly announce the official state precinct caucus date for the
22.15following general election year.
22.16 (3) If the chairs of the two largest major political parties do not jointly submit a
22.17single date for conducting their precinct caucuses as provided in this paragraph, then
22.18for purposes of the next general election year, the first Tuesday in February shall be
22.19considered the day of a major political party precinct caucus and sections 202A.19 and
22.20202A.192 shall only apply on that date.
22.21 (4) For purposes of this paragraph, the two largest major political parties shall be the
22.22parties whose candidates for governor received the greatest and second greatest number of
22.23votes at the most recent gubernatorial election.
22.24 (c) In the event of severe weather a major political party may request the secretary of
22.25state to postpone caucuses. If a major political party makes a request, or upon the secretary
22.26of state's own initiative, after consultation with all major political parties and on the advice
22.27of the federal Weather Bureau and the Department of Transportation, the secretary of state
22.28may declare precinct caucuses to be postponed for a week in counties where weather
22.29makes travel especially dangerous. The secretary of state shall submit a notice of the
22.30postponement to news media covering the affected counties by 6:00 p.m. on the scheduled
22.31day of the caucus. A postponed caucus may also be postponed pursuant to this subdivision.
22.32 Sec. 10. Minnesota Statutes 2012, section 203B.05, subdivision 1, is amended to read:
22.33 Subdivision 1. Generally. The full-time clerk of any city or town shall administer
22.34the provisions of sections 203B.04 to 203B.15 if:
23.1(1) the county auditor of that county has designated the clerk to administer them; or
23.2(2) the clerk has given the county auditor of that county notice of intention to
23.4The designation or notice must specify whether the clerk will be responsible for the
23.5administration of a ballot board as provided in section 203B.121.
23.6A clerk of a city that is located in more than one county may only administer the
23.7provisions of sections 203B.04 to 203B.15 and 203B.30 to 203B.35, if the clerk has been
23.8designated by each of the county auditors or has provided notice to each of the county
23.9auditors that the city will administer absentee voting. A clerk may only administer the
23.10provisions of sections 203B.04 to 203B.15 if the clerk has technical capacity to access the
23.11statewide voter registration system in the secure manner prescribed by the secretary of
23.12state. The secretary of state must identify hardware, software, security, or other technical
23.13prerequisites necessary to ensure the security, access controls, and performance of
23.14the statewide voter registration system. A clerk must receive training approved by the
23.15secretary of state on the use of the statewide voter registration system before administering
23.16this section. A clerk may not use the statewide voter registration system until the clerk
23.17has received the required training. The county auditor must notify the secretary of state
23.18of any municipal clerk who will be administering the provisions of this section and the
23.19duties that the clerk will administer.
23.20 Sec. 11. Minnesota Statutes 2012, section 203B.08, subdivision 3, is amended to read:
23.21 Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
23.22county auditor or municipal clerk, that official shall stamp or initial and date the return
23.23envelope and place it in a secure location with other return envelopes received by that
23.24office. Within five days after receipt, the county auditor or municipal clerk shall deliver to
23.25the ballot board all ballots received, except that during the 14 days immediately preceding
23.26an election, the county auditor or municipal clerk shall deliver all ballots received to
23.27the ballot board within three days. Ballots received on election day either (1) after 3:00
23.28p.m., if delivered by an agent; or (2) after the last mail delivery, if delivered by another
23.29method, shall be marked as received late by the county auditor or municipal clerk, and
23.30must not be delivered to the ballot board.
23.31 Sec. 12. Minnesota Statutes 2012, section 203B.081, is amended to read:
23.32203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
24.1 An eligible voter may vote by absentee ballot in the office of the county auditor and
24.2at any other polling place designated by the county auditor during the 46 days before
24.3election, except as provided in this subdivision.
24.9do so during the 30 days before
24.10vote by absentee ballot in person during the period designated for early voting, as provided
24.11in section 203B.31. The county auditor shall make such designations at least 14 weeks
24.12before the election. At least one voting booth in each polling place must be made available
24.13by the county auditor for this purpose. The county auditor must also make available at least
24.14one electronic ballot marker in each polling place that has implemented a voting system
24.15that is accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.
24.16 Sec. 13. Minnesota Statutes 2012, section 203B.121, subdivision 5, is amended to read:
24.17 Subd. 5. Storage and counting of absentee and early voting ballots. (a) On a
24.18day on which absentee or early voting ballots are inserted into a ballot box, two members
24.19of the ballot board must:
24.20(1) remove the ballots from the ballot box at the end of the day;
24.21(2) without inspecting the ballots, ensure that the number of ballots removed from
24.22the ballot box is equal to the number of voters who cast early votes and whose absentee
24.23ballots were accepted or cast that day; and
24.24(3) seal and secure all voted and unvoted ballots present in that location at the end
24.25of the day.
24.26(b) After the polls have closed on election day, two members of the ballot board
24.27must count the ballots, tabulating the vote in a manner that indicates each vote of the voter
24.28and the total votes cast for each candidate or question. In state primary and state general
24.29elections, the results must indicate the total votes cast for each candidate or question in each
24.30precinct and report the vote totals tabulated for each precinct. The count
24.32 must be recorded on a summary statement in substantially the same format as provided in
24.33section 204C.26. The ballot board shall submit at least one completed summary statement
24.34to the county auditor or municipal clerk. The county auditor or municipal clerk may
24.35require the ballot board to submit a sufficient number of completed summary statements to
25.1comply with the provisions of section 204C.27, or the county auditor or municipal clerk
25.2may certify reports containing the details of the ballot board summary statement to the
25.3recipients of the summary statements designated in section 204C.27.
25.4In state primary and state general elections, these vote totals shall be added to the
25.5vote totals on the summary statements of the returns for the appropriate precinct. In other
25.6elections, these vote totals may be added to the vote totals on the summary statement of
25.7returns for the appropriate precinct or may be reported as a separate total.
25.8The count shall be public. No vote totals from ballots may be made public before the
25.9close of voting on election day.
25.10(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
25.11completed previously, the members of the ballot board must verify as soon as possible, but
25.12no later than 24 hours after the end of the hours for voting, that voters whose absentee
25.13ballots arrived after the rosters were marked or supplemental reports were generated
25.14and whose ballots were accepted did not vote in person on election day. An absentee
25.15ballot submitted by a voter who has voted in person on election day must be rejected. All
25.16other accepted absentee ballots must be opened, duplicated if necessary, and counted by
25.17members of the ballot board. The vote totals from these ballots must be incorporated into
25.18the totals with the other absentee ballots and handled according to paragraph (b).
25.19 Sec. 14. Minnesota Statutes 2012, section 203B.227, is amended to read:
25.20203B.227 WRITE-IN ABSENTEE BALLOT.
25.21 (a) A voter described in section 203B.16, subdivision 1, may use
25.23election. In a state or local election, a vote for a political party without specifying the
25.24name of a candidate must not be counted.
25.25(b) If a voter submits a Federal Write-in Absentee Ballot for which a Federal Post
25.26Card Application was not received, the Federal Write-in Absentee Ballot serves as a voter
25.27registration, for voters who are eligible to register, in lieu of the voter's Federal Post Card
25.28Application. If the voter has not already voted and the accompanying certificate is properly
25.29completed, the absentee ballot board must accept the Federal Write-in Absentee Ballot.
25.30 Sec. 15. Minnesota Statutes 2012, section 203B.28, is amended to read:
25.31203B.28 POSTELECTION REPORT TO LEGISLATURE.
25.33secretary of state shall provide to the chair and ranking minority members of the legislative
25.34committees with jurisdiction over elections a statistical report related to absentee voting
26.1in the most recent general election cycle. The statistics must be organized by county
26.3(1) the number of absentee ballots transmitted to voters;
26.4(2) the number of absentee ballots returned by voters;
26.5(3) the number of absentee ballots that were rejected, categorized by the reason
26.7(4) the number of absentee ballots submitted pursuant to sections 203B.16 to
26.8203B.27 , along with the number of returned ballots that were accepted, rejected, and
26.9the reason for any rejections; and
26.10(5) the number of absentee ballots that were not counted because the ballot return
26.11envelope was received after the deadlines provided in this chapter.
26.12 Sec. 16. Minnesota Statutes 2012, section 204B.04, is amended by adding a
26.13subdivision to read:
26.14 Subd. 4. Prohibition on multiple candidacy. A candidate who files an affidavit
26.15of candidacy for an office to be elected at the general election may not subsequently file
26.16another affidavit of candidacy for any other office to be elected on the date of that general
26.17election. The provisions in section 645.241 do not apply to this subdivision.
26.18 Sec. 17. Minnesota Statutes 2012, section 204B.07, subdivision 2, is amended to read:
26.19 Subd. 2. Petitions for presidential electors and alternates. This subdivision
26.20does not apply to candidates for presidential elector or alternate nominated by major
26.21political parties. Major party candidates for presidential elector or alternate are certified
26.22under section 208.03. Other presidential electors or alternates are nominated by petition
26.23pursuant to this section. On petitions nominating presidential electors or alternates, the
26.24names of the candidates for president and vice-president shall be added to the political
26.25party or political principle stated on the petition. One petition may be filed to nominate a
26.26slate of presidential electors equal in number to the number of electors to which the state
26.27is entitled and an alternate for each elector nominee.
26.28 Sec. 18. Minnesota Statutes 2012, section 204B.18, subdivision 2, is amended to read:
26.29 Subd. 2. Ballot boxes.
26.32sufficient opening to receive and contain all the ballots likely to be deposited in it.
27.3 Sec. 19. Minnesota Statutes 2012, section 204B.22, subdivision 1, is amended to read:
27.4 Subdivision 1. Minimum number required. (a) A minimum of four election
27.5judges shall be appointed for each precinct
27.6state general election. In all other elections, a minimum of three election judges shall
27.7be appointed for each precinct. In a combined polling place under section 204B.14,
27.8subdivision 2 , at least one judge must be appointed from each municipality in the
27.9combined polling place, provided that not less than three judges shall be appointed for
27.10each combined polling place. The appointing authorities may appoint election judges for
27.11any precinct in addition to the number required by this subdivision including additional
27.12election judges to count ballots after voting has ended.
27.13(b) An election judge may serve for all or part of election day, at the discretion of the
27.14appointing authority, as long as the minimum number of judges required is always present.
27.15The head election judge designated under section 204B.20 must serve for all of election day
27.16and be present in the polling place unless another election judge has been designated by the
27.17head election judge to perform the functions of the head election judge during any absence.
27.18 Sec. 20. Minnesota Statutes 2012, section 204B.22, subdivision 2, is amended to read:
27.19 Subd. 2. Exception. A minimum of three election judges shall be appointed in
27.20precincts not using electronic voting equipment
27.22precincts with fewer than 500 registered voters as of 14 weeks before the state primary.
27.23 Sec. 21. Minnesota Statutes 2012, section 204B.28, subdivision 1, is amended to read:
27.24 Subdivision 1. Meeting with election officials. At least 12 weeks before each
27.25regularly scheduled town general election conducted in March, and at least 18 weeks
27.26before all other general elections, each county auditor shall conduct a meeting or otherwise
27.27communicate with local election officials to review the procedures for the election. The
27.28county auditor may require the head election judges in the county to attend this meeting.
27.29 Sec. 22. Minnesota Statutes 2012, section 204B.32, subdivision 1, is amended to read:
27.30 Subdivision 1. Payment. (a) The secretary of state shall pay the compensation for
27.31presidential electors, the cost of printing
27.32incurred by the secretary of state in connection with elections.
28.1(b) The counties shall pay the compensation prescribed in section 204B.31, clauses
28.2(b) and (c), the cost of printing the
28.3election ballots when machines are used, the state partisan primary ballots, and the
28.4state and county nonpartisan primary ballots, all necessary expenses incurred by county
28.5auditors in connection with elections, and the expenses of special county elections.
28.6(c) Subject to subdivision 2, the municipalities shall pay the compensation prescribed
28.7for election judges and sergeants at arms, the cost of printing the municipal ballots,
28.8providing ballot boxes, providing and equipping polling places and all necessary expenses
28.9of the municipal clerks in connection with elections, except special county elections.
28.10(d) The school districts shall pay the compensation prescribed for election judges
28.11and sergeants-at-arms, the cost of printing the school district ballots, providing ballot
28.12boxes, providing and equipping polling places and all necessary expenses of the school
28.13district clerks in connection with school district elections not held in conjunction with
28.14state elections. When school district elections are held in conjunction with state elections,
28.15the school district shall pay the costs of printing the school district ballots, providing ballot
28.16boxes and all necessary expenses of the school district clerk.
28.17All disbursements under this section shall be presented, audited, and paid as in
28.18the case of other public expenses.
28.19 Sec. 23. Minnesota Statutes 2012, section 204B.33, is amended to read:
28.20204B.33 NOTICE OF FILING.
28.21(a) At least
28.22each county auditor of the offices to be voted for in that county at the next state general
28.23election for which candidates file with the secretary of state. The notice shall include
28.24the time and place of filing for those offices. Within ten days after notification by the
28.25secretary of state, each county auditor shall notify each municipal clerk in the county of
28.26all the offices to be voted for in the county at that election and the time and place for
28.27filing for those offices. The county auditors and municipal clerks shall promptly post a
28.28copy of that notice in their offices.
28.29(b) At least
28.30the county auditor shall publish a notice stating the first and last dates on which affidavits
28.31of candidacy may be filed in the county auditor's office and the closing time for filing on
28.32the last day for filing. The county auditor shall post a similar notice at least ten days before
28.33the first day to file affidavits of candidacy.
28.34 Sec. 24. Minnesota Statutes 2012, section 204B.35, subdivision 4, is amended to read:
29.1 Subd. 4. Absentee ballots; preparation; delivery. At least 46 days before
29.4ballots necessary to fill applications of absentee voters shall be prepared and delivered to
29.5the officials who administer the provisions of chapter 203B, except as provided in this
29.6subdivision. Ballots necessary to fill applications of absentee voters for a town general
29.7election held in March shall be prepared and delivered to the town clerk at least 30 days
29.8before the election.
29.9This section applies to school district elections held on the same day as a statewide
29.10election or an election for a county or municipality located partially or wholly within
29.11the school district.
29.12 Sec. 25. Minnesota Statutes 2012, section 204B.36, subdivision 1, is amended to read:
29.13 Subdivision 1. Type. All ballots shall be printed with black ink on paper of sufficient
29.14thickness to prevent the printing from being discernible from the back.
29.18lines dividing candidates, offices, instructions and other matter printed on ballots. The
29.19name of each candidate shall be printed in capital letters. The same type shall be used for
29.20the names of all candidates on the same ballot.
29.21 Sec. 26. Minnesota Statutes 2012, section 204B.45, subdivision 1, is amended to read:
29.22 Subdivision 1. Authorization. A
29.23metropolitan county as defined by section 473.121 or a city having fewer than
29.24 registered voters on June 1 of an election year and not located in a metropolitan county as
29.25defined by section 473.121 may provide balloting by mail at any municipal, county, or
29.26state election with no polling place other than the office of the auditor or clerk or other
29.27locations designated by the auditor or clerk. The governing body may apply to the county
29.28auditor for permission to conduct balloting by mail. The county board may provide for
29.29balloting by mail in unorganized territory. The governing body of any municipality may
29.30designate for mail balloting any precinct having fewer than
29.31subject to the approval of the county auditor.
29.32Voted ballots may be returned in person to any location designated by the county
29.33auditor or municipal clerk.
30.1 Sec. 27. Minnesota Statutes 2012, section 204B.45, subdivision 2, is amended to read:
30.2 Subd. 2. Procedure. Notice of the election and the special mail procedure must be
30.3given at least
30.4days before a regularly scheduled election
30.7by nonforwardable mail to all voters registered in the town or unorganized territory. No
30.8later than 14 days before the election, the auditor must make a subsequent mailing of ballots
30.9to those voters who register to vote after the initial mailing but before the 20th day before
30.10the election. Eligible voters not registered at the time the ballots are mailed may apply for
30.11ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided,
30.12must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or
30.13in person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot
30.14board to examine the mail and absentee ballot return envelopes and mark them "accepted"
30.15or "rejected" within three days of receipt if there are 14 or fewer days before election day,
30.16or within five days of receipt if there are more than 14 days before election day. The board
30.17may consist of staff trained as election judges. Election judges performing the duties in
30.18this section must be of different major political parties, unless they are exempt from that
30.19requirement under section 205.075, subdivision 4, or section 205A.10. If an envelope has
30.20been rejected at least five days before the election, the ballots in the envelope must remain
30.21sealed and the auditor or clerk shall provide the voter with a replacement ballot and return
30.22envelope in place of the spoiled ballot. If the ballot is rejected within five days of the
30.23election, the envelope must remain sealed and the official in charge of the ballot board must
30.24attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot
30.25has been rejected. The official must document the attempts made to contact the voter.
30.26If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
30.27indicate that the voter has already cast a ballot in that election. After the close of business
30.28on the fourth day before the election, the ballots from return envelopes marked "Accepted"
30.29may be opened, duplicated as needed in the manner provided by section 206.86,
30.30subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
30.31In all other respects, the provisions of the Minnesota Election Law governing
30.32deposit and counting of ballots apply.
30.33The mail and absentee ballots for a precinct must be counted together and reported
30.34as one vote total. No vote totals from mail or absentee ballots may be made public before
30.35the close of voting on election day.
31.1The costs of the mailing shall be paid by the election jurisdiction in which the voter
31.2resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
31.3 Sec. 28. Minnesota Statutes 2012, section 204B.46, is amended to read:
31.4204B.46 MAIL ELECTIONS; QUESTIONS.
31.5 A county, municipality, or school district submitting questions to the voters at a
31.6special election may conduct an election by mail with no polling place other than the office
31.7of the auditor or clerk. No offices may be voted on at a mail election. Notice of the election
31.8must be given to the county auditor at least
31.9shall also fulfill the requirements of Minnesota Rules, part 8210.3000. The special mail
31.10ballot procedures must be posted at least six weeks prior to the election. Not more than
31.11 46 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by
31.12nonforwardable mail to all voters registered in the county, municipality, or school district.
31.13No later than 14 days before the election, the auditor or clerk must make a subsequent
31.14mailing of ballots to those voters who register to vote after the initial mailing but before the
31.1520th day before the election. Eligible voters not registered at the time the ballots are mailed
31.16may apply for ballots pursuant to chapter 203B. The auditor or clerk must appoint a ballot
31.17board to examine the mail and absentee ballot return envelopes and mark them "Accepted"
31.18or "Rejected" within three days of receipt if there are 14 or fewer days before election day,
31.19or within five days of receipt if there are more than 14 days before election day. The board
31.20may consist of staff trained as election judges. Election judges performing the duties in
31.21this section must be of different major political parties, unless they are exempt from that
31.22requirement under section 205.075, subdivision 4, or section 205A.10. If an envelope has
31.23been rejected at least five days before the election, the ballots in the envelope must remain
31.24sealed and the auditor or clerk must provide the voter with a replacement ballot and return
31.25envelope in place of the spoiled ballot. If the ballot is rejected within five days of the
31.26election, the envelope must remain sealed and the official in charge of the ballot board must
31.27attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot
31.28has been rejected. The official must document the attempts made to contact the voter.
31.29If the ballot is accepted, the county auditor or municipal clerk must mark the roster to
31.30indicate that the voter has already cast a ballot in that election. After the close of business
31.31on the fourth day before the election, the ballots from return envelopes marked "Accepted"
31.32may be opened, duplicated as needed in the manner provided by section 206.86,
31.33subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.
31.34In all other respects, the provisions of the Minnesota Election Law governing
31.35deposit and counting of ballots apply.
32.1The mail and absentee ballots for a precinct must be counted together and reported
32.2as one vote total. No vote totals from ballots may be made public before the close of
32.3voting on election day.
32.4 Sec. 29. Minnesota Statutes 2012, section 204C.07, subdivision 1, is amended to read:
32.5 Subdivision 1. Partisan elections. At an election to fill partisan offices, the chair of
32.6an authorized committee of each major political party may appoint by written certificate
32.7voters from that political party to act as challengers of voters at the polling place for each
32.8precinct. Only one challenger from each major political party for each precinct shall be
32.9allowed to remain in the polling place at one time. A challenger may only remain in a
32.10polling place while performing authorized duties of a challenger or for other purposes
32.11as specified by law.
32.12 Sec. 30. Minnesota Statutes 2012, section 204C.07, subdivision 2, is amended to read:
32.13 Subd. 2. Nonpartisan elections. At an election to fill nonpartisan offices, each
32.14nonpartisan candidate may appoint by written certificate voters to act as challengers of
32.15voters at the polling place for each precinct. Only one challenger for each candidate shall
32.16be allowed to remain in the polling place for each precinct at one time. A challenger
32.17may only remain in a polling place while performing authorized duties of a challenger
32.18or for other purposes as specified by law.
32.19 Sec. 31. Minnesota Statutes 2012, section 204C.07, is amended by adding a
32.20subdivision to read:
32.21 Subd. 3b. Training requirement. (a) An individual must successfully complete
32.22one hour of training prior to serving as a challenger. The individual must complete the
32.23training once per two-year election cycle. The training must be approved by the secretary
32.24of state. The training must include, at a minimum, information on the role of challengers
32.25in the polling place, valid bases for challenges, prohibited conduct by challengers, and
32.26procedures for making challenges.
32.27(b) Individuals seeking admission to a polling place to serve as a challenger must
32.28provide a certificate issued by the secretary of state or a designee of the secretary of
32.29state. The secretary of state or designee must issue a certificate to an individual that
32.30successfully completes the training described in paragraph (a). The certificate must state
32.31that the individual completed the required training and include the date of the training. An
32.32individual that fails to present a certificate or presents a certificate dated before the current
32.33two-year election cycle shall not be allowed to serve as a challenger.
33.1 Sec. 32. Minnesota Statutes 2012, section 204C.07, subdivision 4, is amended to read:
33.2 Subd. 4. Restrictions on conduct. (a) An election judge may not be appointed as a
33.3challenger. The election judges shall permit challengers appointed pursuant to this section
33.4to be present in the polling place during the hours of voting and to remain there until the
33.5votes are counted and the results declared.
33.6to leave the polling place if the challenger fails to comply with the requirements of
33.7this section. A challenger must comply with the order to leave and must not serve as a
33.8challenger at any polling place for the remainder of the day.
33.9(b) A challenger shall not:
33.10(1) handle or inspect registration cards, files, or lists
33.11(2) prepare in any manner any list of individuals who have or have not voted
33.13(3) attempt to influence voting in any manner
33.14(4) converse with a voter
33.16(5) use any electronic communication device inside the polling place; or
33.17(6) interfere with an election judge who is performing official duties.
33.18(c) Individuals seeking admission to a polling place to serve as a challenger must
33.19sign a form that acknowledges the challenger is aware of the prohibited activities in
33.20paragraph (b). The form shall be prescribed by the secretary of state and must, at a
33.21minimum, include a list of the prohibited activities in paragraph (b).
33.22 Sec. 33. Minnesota Statutes 2012, section 204C.15, subdivision 1, is amended to read:
33.23 Subdivision 1. Physical assistance in marking ballots. A voter who claims a need
33.24for assistance because of inability to read English or physical inability to mark a ballot may
33.25obtain the aid of two election judges who are members of different major political parties.
33.26The election judges shall mark the ballots as directed by the voter and in as secret a manner
33.27as circumstances permit.
33.31any individual the voter chooses. Only the following persons may not provide assistance
33.32to a voter: the voter's employer, an agent of the voter's employer, an officer or agent of
33.33the voter's union, or a candidate for election. The person who assists the voter shall,
33.34unaccompanied by an election judge, retire with that voter to a booth and mark the ballot
33.35as directed by the voter. No person who assists another voter as provided in the preceding
34.1sentence shall mark the ballots of more than three voters at one election. Before the ballots
34.2are deposited, the voter may show them privately to an election judge to ascertain that they
34.3are marked as the voter directed. An election judge or other individual assisting a voter
34.4shall not in any manner request, persuade, induce, or attempt to persuade or induce the
34.5voter to vote for any particular political party or candidate. The election judges or other
34.6individuals who assist the voter shall not reveal to anyone the name of any candidate for
34.7whom the voter has voted or anything that took place while assisting the voter.
34.8 Sec. 34. Minnesota Statutes 2012, section 204C.19, subdivision 2, is amended to read:
34.9 Subd. 2. Ballots; order of counting. Except as otherwise provided in this
34.10subdivision, the ballot boxes shall be opened, the votes counted, and the total declared
34.16evenly divided between the major political parties. The numbers entered on the summary
34.17sheet shall not be considered final until the ballots in all the boxes have been counted and
34.18corrections have been made if ballots have been deposited in the wrong boxes.
34.19 Sec. 35. Minnesota Statutes 2012, section 204C.25, is amended to read:
34.20204C.25 DISPOSITION OF BALLOTS.
34.21After the count and the summary statements have been completed, in the presence
34.22of all the election judges, the counted, defective, and blank ballots shall be placed in
34.24envelopes shall be sealed. The election judges shall sign each envelope over the sealed part
34.25so that the envelope cannot be opened without disturbing the continuity of the signatures.
34.27name of the precinct shall be plainly written upon the envelopes. The number and name of
34.28the district must be plainly written on envelopes containing school district ballots. The
34.29spoiled ballots shall be placed in separate envelopes and returned with the unused ballots
34.30to the county auditor or municipal or school district clerk from whom they were received.
34.31 Sec. 36. Minnesota Statutes 2012, section 204C.27, is amended to read:
34.32204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
35.1One or more of the election judges in each precinct shall deliver two sets of
35.2summary statements; all spoiled
35.4for transmittal to the county auditor's office or directly to the county auditor's office as
35.5soon as possible after the vote counting is completed but no later than 24 hours after the
35.6end of the hours for voting. One or more election judges shall deliver the remaining set
35.7of summary statements and returns, all unused and spoiled municipal and school district
35.8ballots, the envelopes containing municipal and school district ballots, and all other things
35.9furnished by the municipal or school district clerk, to the municipal or school district
35.10clerk's office within 24 hours after the end of the hours for voting. The municipal or school
35.11district clerk shall return all polling place rosters and completed voter registration cards to
35.12the county auditor within 48 hours after the end of the hours for voting.
35.13 Sec. 37. Minnesota Statutes 2012, section 204C.35, subdivision 1, is amended to read:
35.14 Subdivision 1.
35.15the difference between the votes cast for the candidates for nomination to:
35.16(1) a state legislative office is less than one-half of one percent of the total number of
35.17votes counted for that nomination or is ten votes or less and the total number of votes cast
35.18for the nomination is 400 votes or less; or
35.19(2) a statewide federal office, state constitutional office, statewide judicial office,
35.22counted for that nomination
35.24votes or less;
35.25and the difference determines the nomination, the canvassing board with responsibility
35.26for declaring the results for that office shall manually recount the vote upon receiving a
35.27written request from the candidate whose nomination is in question.
35.28Immediately following the meeting of the board that has responsibility for
35.29canvassing the results of the nomination, the filing officer must notify the candidate that
35.30the candidate has the option to request a recount of the votes at no cost to the candidate.
35.31This written request must be received by the filing officer no later than 48 hours after the
35.32canvass of the primary for which the recount is being sought.
35.33 (b) In a state general election when the difference between the votes of a candidate
35.34who would otherwise be declared elected to:
36.1(1) a state legislative office is less than one-half of one percent of the total number of
36.2votes counted for that office or is ten votes or less and the total number of votes cast for
36.3the office is 400 votes or less; or
36.4(2) a statewide federal office, state constitutional office, statewide judicial office,
36.6any other candidate for that office
36.8counted for that office
36.10the canvassing board shall manually recount the votes upon receiving a written request
36.11from the candidate whose election is in question.
36.12Immediately following the meeting of the board that has responsibility for
36.13canvassing the results of the general election, the filing officer must notify the candidate
36.14that the candidate has the option to request a recount of the votes at no cost to the
36.15candidate. This written request must be received by the filing officer no later than 48 hours
36.16after the canvass of the election for which the recount is being sought.
36.17 (c) A recount must not delay any other part of the canvass. The results of the recount
36.18must be certified by the canvassing board as soon as possible.
36.19 (d) Time for notice of a contest for an office which is recounted pursuant to this section
36.20shall begin to run upon certification of the results of the recount by the canvassing board.
36.23 Sec. 38. Minnesota Statutes 2012, section 204C.35, is amended by adding a
36.24subdivision to read:
36.25 Subd. 4. Filing officer. For the purposes of this section, the secretary of state is
36.26the filing officer for candidates for all federal offices and for state offices voted on in
36.27more than one county. The county auditor is the filing officer for state offices voted on
36.28in only one county.
36.29 Sec. 39. Minnesota Statutes 2012, section 204C.36, subdivision 1, is amended to read:
36.30 Subdivision 1.
36.32county, municipal, or school district office may request a recount of the votes cast for
36.33the nomination or election to that office if the difference between the vote cast for that
36.34candidate and for a winning candidate for nomination or election is less than
37.1 one-quarter of one percent of the total votes counted for that office. In case of offices where
37.2two or more seats are being filled from among all the candidates for the office, the
37.3 one-quarter of one percent difference is between the elected candidate with the fewest votes
37.4and the candidate with the most votes from among the candidates who were not elected.
37.5(b) A losing candidate for nomination or election to a county, municipal, or school
37.6district office may request a recount of the votes cast for nomination or election to that
37.7office if the difference between the votes cast for that candidate and for a winning
37.8candidate for nomination or election is less than one-half of one percent, and the total
37.9number of votes cast for the nomination or election of all candidates is more than 400
37.10but less than 50,000. In cases of offices where two or more seats are being filled from
37.11among all the candidates for the office, the one-half of one percent difference is between
37.12the elected candidate with the fewest votes and the candidate with the most votes from
37.13among the candidates who were not elected.
37.15school district office may request a recount of the votes cast for nomination or election
37.16to that office if the difference between the vote cast for that candidate and for a winning
37.17candidate for nomination or election is ten votes or less, and the total number of votes cast
37.18for the nomination or election of all candidates is no more than 400. In cases of offices
37.19where two or more seats are being filled from among all the candidates for the office,
37.20the ten vote difference is between the elected candidate with the fewest votes and the
37.21candidate with the most votes from among the candidates who were not elected.
37.23the county auditor. Candidates for municipal or school district offices shall file a written
37.24request with the municipal or school district clerk as appropriate. All requests shall be filed
37.25during the time for notice of contest of the primary or election for which a recount is sought.
37.27shall recount the votes for a county office at the expense of the county, the governing
37.28body of the municipality shall recount the votes for a municipal office at the expense of
37.29the municipality, and the school board of the school district shall recount the votes for a
37.30school district office at the expense of the school district.
37.31 Sec. 40. Minnesota Statutes 2012, section 204D.08, subdivision 6, is amended to read:
37.32 Subd. 6. State and county nonpartisan primary ballot. The state and county
37.33nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary
37.34Ballot." It shall be printed
38.1secretary of state. The names of candidates for nomination to the Supreme Court, Court of
38.2Appeals, district court, and all county offices shall be placed on this ballot.
38.3No candidate whose name is placed on the state and county nonpartisan primary
38.4ballot shall be designated or identified as the candidate of any political party or in any
38.5other manner except as expressly provided by law.
38.6 Sec. 41. Minnesota Statutes 2012, section 204D.09, subdivision 2, is amended to read:
38.7 Subd. 2. Sample ballot. At least
38.8county auditor shall prepare a sample
38.10electronic copy of these sample ballots to the secretary of state. The names of
38.11candidates to be voted for in the county shall be placed on the sample ballots, with the
38.12names of the candidates for each office arranged in the base rotation as determined by
38.13section 206.61, subdivision 5.
38.15auditor shall post the sample ballots in a conspicuous place in the auditor's office and shall
38.16cause them to be published at least one week before the state primary in at least one
38.17newspaper of general circulation in the county.
38.18 Sec. 42. Minnesota Statutes 2012, section 204D.11, subdivision 1, is amended to read:
38.19 Subdivision 1.
38.20the candidates for all
38.21amendments, all county offices and questions, and all judicial offices voted on at the state
38.22general election shall be placed on a single ballot
38.23be known as the "
38.24county auditor subject to the rules of the secretary of state. The secretary of state shall
38.25adopt rules for preparation and time of delivery of the
38.26 Sec. 43. Minnesota Statutes 2012, section 204D.11, subdivision 4, is amended to read:
38.27 Subd. 4. Special federal
38.28offices of president and vice-president of the United States and senator and representative
38.29in Congress shall be placed on a ballot
38.30as the "special federal
38.31(b) This ballot shall be prepared by the county auditor in the same manner as
38.33secretary of state pursuant to subdivision 1. This ballot must be prepared and furnished
39.1in accordance with the federal Uniformed and Overseas Citizens Absentee Voting Act,
39.2United States Code, title 42, section 1973ff.
39.3(c) The special federal
39.4the United States who are eligible to vote by absentee ballot for federal candidates in
39.6 Sec. 44. Minnesota Statutes 2012, section 204D.11, subdivision 5, is amended to read:
39.7 Subd. 5. Ballot headings. The
39.8containing the offices and questions in subdivisions 1 and 4, shall be headed with the
39.9words "State General Election Ballot."
39.11 Sec. 45. Minnesota Statutes 2012, section 204D.11, subdivision 6, is amended to read:
39.12 Subd. 6.
39.14state general election, the judicial offices
39.15placed instead on a separate
39.16by the county auditor in the manner provided in the rules of the secretary of state.
39.18General Election Ballot." Separate ballot boxes must be provided for these
39.20 Sec. 46. Minnesota Statutes 2012, section 204D.13, subdivision 3, is amended to read:
39.21 Subd. 3. Nominees by petition; placement on ballot. The names of candidates
39.22nominated by petition for a partisan office voted on at the state general election shall be
39.23placed on the
39.24office who were nominated at the state primary.
39.2511 weeks before the state general election, the secretary of state shall determine by lot
39.26the order of candidates nominated by petition. The drawing of lots must be by political
39.27party or principle. The political party or political principle of the candidate as stated on
39.28the petition shall be placed after the name of a candidate nominated by petition. The word
39.29"nonpartisan" shall not be used to designate any partisan candidate whose name is placed
39.31 Sec. 47. Minnesota Statutes 2012, section 204D.14, subdivision 1, is amended to read:
40.1 Subdivision 1. Rotation of names. The names of candidates for nonpartisan offices
40.3ballot shall be rotated in the manner provided for rotation of names on state partisan
40.4primary ballots by section 204D.08, subdivision 3.
40.5 Sec. 48. Minnesota Statutes 2012, section 204D.14, subdivision 3, is amended to read:
40.6 Subd. 3. Uncontested judicial offices. Judicial offices for a specific court for
40.7which there is only one candidate filed must appear after all other judicial offices for that
40.8same court on the
40.9 Sec. 49. Minnesota Statutes 2012, section 204D.15, subdivision 3, is amended to read:
40.10 Subd. 3. Sample
40.11state general election the secretary of state shall file sample copies of the
40.12 portion of the state general election ballot that contains the proposed constitutional
40.13amendments in the Secretary of State's Office for public inspection. Three weeks before
40.14the state general election the secretary of state shall
40.16conspicuous place in the auditor's office.
40.17 Sec. 50. Minnesota Statutes 2012, section 204D.16, is amended to read:
40.18204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING;
40.22election, the county auditor shall post
40.24electronic copy of these sample ballots to the secretary of state. No earlier than 15 days
40.25and no later than two days before the state general election the county auditor shall cause
40.27least one newspaper of general circulation in the county.
40.28 Sec. 51. Minnesota Statutes 2012, section 204D.165, is amended to read:
40.29204D.165 SAMPLE BALLOTS TO SCHOOLS.
40.31auditor, two weeks before the applicable primary or general election, shall provide one
41.2ballots reproduced at its expense for classroom educational purposes and for educational
41.3activities authorized under section 204B.27, subdivision 7.
41.4 Sec. 52. Minnesota Statutes 2012, section 204D.19, subdivision 2, is amended to read:
41.5 Subd. 2. Special election when legislature will be in session. Except for
41.6vacancies in the legislature which occur at any time between the last day of session in an
41.7odd-numbered year and the 40th day prior to the opening day of session in the succeeding
41.8even-numbered year, when a vacancy occurs and the legislature will be in session so
41.9that the individual elected as provided by this section could take office and exercise the
41.10duties of the office immediately upon election, the governor shall issue within five days
41.11after the vacancy occurs a writ calling for a special election. The special election shall
41.12be held as soon as possible, consistent with the notice requirements of section 204D.22,
41.13subdivision 3 , but in no event more than 35 days after the issuance of the writ. A special
41.14election must not be held during the four days before or the four days after a holiday as
41.15defined in section 645.44, subdivision 5.
41.16 Sec. 53. Minnesota Statutes 2012, section 205.02, subdivision 2, is amended to read:
41.17 Subd. 2. City elections. In all statutory and home rule charter cities, the primary,
41.18general and special elections held for choosing city officials and deciding public questions
41.19relating to the city shall be held as provided in this chapter, except that sections 205.065,
41.20subdivisions 4 to 6; 205.07, subdivision 3; 205.10; 205.121; and 205.17,
41.22its primary, general or special elections.
41.23 Sec. 54. Minnesota Statutes 2012, section 205.10, subdivision 3, is amended to read:
41.24 Subd. 3. Prohibition. No special election authorized under subdivision 1 may be
41.26 Sec. 55. Minnesota Statutes 2012, section 205.13, subdivision 1a, is amended to read:
41.27 Subd. 1a. Filing period. In a city nominating candidates at a primary, an affidavit of
41.28candidacy for a city office voted on in November must be filed no more than 84 days nor
41.29less than 70 days before the city primary. In municipalities that do not hold a primary, an
41.30affidavit of candidacy must be filed no more than 70 days and not less than 56 days before
41.31the municipal general election held in March in any year, or a special election not held in
41.32conjunction with another election, and no more than 98 days nor less than 84 days before
42.1the municipal general election held in November of any year. The municipal clerk's office
42.2must be open for filing from 1:00 p.m. to 5:00 p.m. on the last day of the filing period.
42.3 Sec. 56. Minnesota Statutes 2012, section 205.13, is amended by adding a subdivision
42.5 Subd. 7. Write-in candidates for city offices. The governing body of any city
42.6may, by resolution, require that a candidate for a city office who wants write-in votes for
42.7the candidate to be counted file a written request with the city clerk no later than the
42.8seventh day before the general election. The filing officer shall provide copies of the
42.9form to make the request.
42.10 Sec. 57. Minnesota Statutes 2012, section 205.16, subdivision 4, is amended to read:
42.11 Subd. 4. Notice to auditor. At least
42.17to the county auditor, including the date of the election, the offices to be voted on at the
42.18election, and the title and language for each ballot question to be voted on at the election.
42.24to the county auditor of any special election canceled under section 205.10, subdivision 6.
42.25 Sec. 58. Minnesota Statutes 2012, section 205.16, subdivision 5, is amended to read:
42.26 Subd. 5. Notice to secretary of state. At least
42.32to the county auditor under subdivision 4, the county auditor shall provide a notice of
43.1the election to the secretary of state, in a manner and including information prescribed
43.2by the secretary of state.
43.3 Sec. 59. Minnesota Statutes 2012, section 205.17, subdivision 1, is amended to read:
43.4 Subdivision 1.
43.5questions; general election ballot. In all statutory and home rule charter cities
43.7municipal clerk shall have printed
43.8names of all candidates for municipal offices and municipal ballot questions. The ballot
43.9shall be printed in quantities of 25, 50, or 100, shall be headed "City or Town Election
43.10Ballot," shall state the name of the city or town and the date of the election, and shall
43.11conform in other respects to the
43.12names shall be arranged on city ballots in the manner provided for the state elections. On
43.13town ballots names of the candidates for each office shall be arranged either:
43.14(1) alphabetically according to the candidates' surnames; or
43.15(2) in the manner provided for state elections if the town electors chose at the town's
43.16annual meeting to arrange the names in that way for at least two consecutive years.
43.17 Sec. 60. Minnesota Statutes 2012, section 205.17, subdivision 3, is amended to read:
43.18 Subd. 3. Primary ballots. The municipal primary ballot
43.22in the names of candidates.
43.24 Sec. 61. Minnesota Statutes 2012, section 205A.04, is amended by adding a
43.25subdivision to read:
43.26 Subd. 3. Change in year of general election. The school board may, by resolution,
43.27change the year in which the school district general election will be held. The resolution
43.28must be approved no later than four weeks before the first day to file affidavits of
43.29candidacy for the general election. A plan for the orderly transition to the new election
43.30year must be included in the resolution. The terms of school board members may be
43.31lengthened or shortened by one year as a part of the transition process.
43.32 Sec. 62. Minnesota Statutes 2012, section 205A.05, subdivision 1, is amended to read:
44.1 Subdivision 1. Questions. Special elections must be held for a school district on a
44.2question on which the voters are authorized by law to pass judgment. The school board
44.3may on its own motion call a special election to vote on any matter requiring approval of
44.4the voters of a district. Upon petition filed with the school board of 50 or more voters of
44.5the school district or five percent of the number of voters voting at the preceding school
44.6district general election, whichever is greater, the school board shall by resolution call
44.7a special election to vote on any matter requiring approval of the voters of a district. A
44.8question is carried only with the majority in its favor required by law. The election officials
44.9for a special election are the same as for the most recent school district general election
44.10unless changed according to law. Otherwise, special elections must be conducted and the
44.11returns made in the manner provided for the school district general election. A special
44.12election may not be held during the
44.13regularly scheduled primary
44.16or partially within the school district. Notwithstanding any other law to the contrary, the
44.17time period in which a special election must be conducted under any other law may be
44.18extended by the school board to conform with the requirements of this subdivision.
44.19 Sec. 63. Minnesota Statutes 2012, section 205A.05, subdivision 2, is amended to read:
44.20 Subd. 2. Vacancies in school district offices. Special elections shall be held in
44.21school districts in conjunction with school district primary and general elections to fill
44.22vacancies in elective school district offices. When more than one vacancy exists in an
44.23office elected at-large, voters must be instructed to vote for up to the number of vacancies
44.24to be filled.
44.25 Sec. 64. Minnesota Statutes 2012, section 205A.06, is amended by adding a
44.26subdivision to read:
44.27 Subd. 6. Write-in candidates. The governing body of any school district may, by
44.28resolution, require that a candidate for school district office who wants write-in votes
44.29for the candidate to be counted file a written request with the filing office for the office
44.30sought no later than the seventh day before the general election. The filing officer shall
44.31provide copies of the form to make the request.
44.32 Sec. 65. Minnesota Statutes 2012, section 205A.07, subdivision 3, is amended to read:
45.1 Subd. 3. Notice to auditor. At least
45.7provide a written notice to the county auditor of each county in which the school district is
45.8located. The notice must include the date of the election, the offices to be voted on at the
45.9election, and the title and language for each ballot question to be voted on at the election.
45.10For the purposes of meeting the timelines of this section, in a bond election, a notice,
45.11including a proposed question, may be provided to the county auditor before receipt of a
45.12review and comment from the commissioner of education and before actual initiation of
45.13the election. At least
45.18the school district clerk must provide written notice to the county auditor of any special
45.19election canceled under section 205A.05, subdivision 3.
45.20 Sec. 66. Minnesota Statutes 2012, section 205A.07, subdivision 3a, is amended to read:
45.21 Subd. 3a. Notice to commissioner of education. At least
45.22school district election
45.27section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the school district clerk shall
45.28provide a written notice to the commissioner of education. The notice must include the
45.29date of the election and the title and language for each ballot question to be voted on at the
45.30election. At least
46.1notice to the commissioner of education of any special election canceled under section
46.2205A.05, subdivision 3 . The certified vote totals for each ballot question shall be provided
46.3in a written notice to the commissioner in a timely manner.
46.4 Sec. 67. Minnesota Statutes 2012, section 205A.07, subdivision 3b, is amended to read:
46.5 Subd. 3b. Notice to secretary of state. At least
46.11a notice is provided to the county auditor under subdivision 3, the county auditor shall
46.12provide a notice of the election to the secretary of state, in a manner and including
46.13information prescribed by the secretary of state.
46.14 Sec. 68. Minnesota Statutes 2012, section 205A.08, subdivision 1, is amended to read:
46.15 Subdivision 1.
46.16and all ballot questions to be voted on at a school district general election must be placed
46.17on a single ballot
46.18 Sec. 69. Minnesota Statutes 2012, section 206.61, subdivision 4, is amended to read:
46.19 Subd. 4. Order of candidates. On the "State Partisan Primary Ballot" prepared for
46.20primary elections, and on the
46.21election, the order of the names of nominees or names of candidates for election shall be
46.22the same as required for paper ballots. More than one column or row may be used for the
46.23same office or party. Electronic ballot display and audio ballot readers must conform to
46.24the candidate order on the optical scan ballot used in the precinct.
46.25 Sec. 70. Minnesota Statutes 2012, section 206.89, subdivision 2, is amended to read:
46.26 Subd. 2. Selection for review; notice. At the canvass of the state primary, the
46.27county canvassing board in each county must set the date, time, and place for the
46.28postelection review of the state general election to be held under this section.
46.29 At the canvass of the state general election, the county canvassing boards must select
46.30the precincts to be reviewed by lot.
46.32canvassing board of a county with fewer than 50,000 registered voters must conduct a
47.1postelection review of a total of at least two precincts. The county canvassing board of a
47.2county with between 50,000 and 100,000 registered voters must conduct a review of a total
47.3of at least three precincts. The county canvassing board of a county with over 100,000
47.4registered voters must conduct a review of a total of at least four precincts, or three percent
47.5of the total number of precincts in the county, whichever is greater. At least one precinct
47.6selected in each county must have had more than 150 votes cast at the general election.
47.7 The county auditor must notify the secretary of state of the precincts that have been
47.8chosen for review and the time and place the postelection review for that county will be
47.9conducted, as soon as the decisions are made. If the selection of precincts has not resulted
47.10in the selection of at least four precincts in each congressional district, the secretary of state
47.11may require counties to select by lot additional precincts to meet the congressional district
47.12requirement. The secretary of state must post this information on the office Web site.
47.13 Sec. 71. Minnesota Statutes 2012, section 206.89, subdivision 3, is amended to read:
47.14 Subd. 3. Scope and conduct of review. The county canvassing board shall appoint
47.15the postelection review official as defined in subdivision 1. The postelection review must
47.16be conducted of the votes cast for president or governor
47.18the votes cast for additional offices.
47.19The postelection review must be conducted in public at the location where the
47.20voted ballots have been securely stored after the state general election or at another
47.21location chosen by the county canvassing board. The postelection review official for
47.22each precinct selected must conduct the postelection review and may be assisted by
47.23election judges designated by the postelection review official for this purpose. The party
47.24balance requirement of section 204B.19 applies to election judges designated for the
47.25review. The postelection review must consist of a manual count of the ballots used in the
47.26precincts selected and must be performed in the manner provided by section 204C.21.
47.27The postelection review must be conducted in the manner provided for recounts under
47.28section 204C.361 to the extent practicable. The review must be completed no later
47.29than two days before the meeting of the state canvassing board to certify the results of
47.30the state general election.
47.31 Sec. 72. Minnesota Statutes 2012, section 206.895, is amended to read:
47.32206.895 SECRETARY OF STATE MONITOR.
47.33The secretary of state must monitor and evaluate election procedures in precincts
47.34subject to the audit provided for in section 206.89 in at least
48.1each congressional district. The precincts must be chosen by lot by the State Canvassing
48.2Board at its meeting to canvass the state general election.
48.3 Sec. 73. Minnesota Statutes 2012, section 206.90, subdivision 6, is amended to read:
48.4 Subd. 6. Ballots. In precincts using optical scan voting systems, a single ballot card
48.5on which all ballot information is included must be printed in black ink on white colored
48.6material except that marks not to be read by the automatic tabulating equipment may be
48.7printed in another color ink. In state elections, a single ballot title must be used, as provided
48.8in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. In odd-numbered years
48.9when both municipal and school district offices or questions appear on the ballot, the
48.10single ballot title "City (or Town) and School District Ballot" must be used.
48.11On the front of the ballot must be printed the words "Official Ballot" and the date of
48.12the election and lines for the initials of at least two election judges.
48.13When optical scan ballots are used, the offices to be elected must appear in the
48.14following order: federal offices; state legislative offices; constitutional offices; proposed
48.15constitutional amendments; county offices and questions; municipal offices and questions;
48.16school district offices and questions; special district offices and questions; and judicial
48.18On optical scan ballots, the names of candidates and the words "yes" and "no" for
48.19ballot questions must be printed as close to their corresponding vote targets as possible.
48.20The line on an optical scan ballot for write-in votes must contain the words "write-in,
48.22If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the
48.23instructions to voters must include a statement that reads substantially as follows: "THIS
48.24BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN
48.25BALLOT. ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR
48.26CANDIDATES OF ONE POLITICAL PARTY ONLY." If a primary ballot contains
48.27political party columns on both sides of the ballot, the instructions to voters must include a
48.28statement that reads substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE
48.29PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE POLITICAL
48.30PARTY ONLY." At the bottom of each political party column on the primary ballot, the
48.31ballot must contain a statement that reads substantially as follows: "CONTINUE VOTING
48.32ON THE NONPARTISAN BALLOT." The instructions in section 204D.08, subdivision 4,
48.33do not apply to optical scan partisan primary ballots. Electronic ballot displays and audio
48.34ballot readers must follow the order of offices and questions on the optical scan or paper
48.35ballot used in the same precinct, or the sample ballot posted for that precinct.
49.1 Sec. 74. Minnesota Statutes 2012, section 208.02, is amended to read:
49.2208.02 ELECTION OF PRESIDENTIAL ELECTORS AND ALTERNATES.
49.3Presidential electors and alternates shall be chosen at the state general election held
49.4in the year preceding the expiration of the term of the president of the United States.
49.5 Sec. 75. Minnesota Statutes 2012, section 208.03, is amended to read:
49.6208.03 NOMINATION OF PRESIDENTIAL ELECTORS AND
49.8Presidential electors and alternates for the major political parties of this state shall be
49.9nominated by delegate conventions called and held under the supervision of the respective
49.10state central committees of the parties of this state. At least 71 days before the general
49.11election day the chair of the major political party shall certify to the secretary of state
49.12the names of the persons nominated as presidential electors, the names of
49.13nominated as alternate presidential electors, and the names of the party candidates for
49.14president and vice president. The chair shall also certify that the party candidates for
49.15president and vice president have no affidavit on file as a candidate for any office in
49.16this state at the ensuing general election.
49.17 Sec. 76. Minnesota Statutes 2012, section 208.04, subdivision 1, is amended to read:
49.18 Subdivision 1. Form of presidential ballots. When presidential electors and
49.19alternates are to be voted for, a vote cast for the party candidates for president and vice
49.20president shall be deemed a vote for that party's electors and alternates as filed with the
49.21secretary of state. The secretary of state shall certify the names of all duly nominated
49.22presidential and vice presidential candidates to the county auditors of the counties of
49.23the state. Each county auditor, subject to the rules of the secretary of state, shall cause
49.24the names of the candidates of each major political party and the candidates nominated
49.25by petition to be printed in capital letters, set in type of the same size and style as for
49.26candidates on the state
49.27left of, and on the same line with the names of the candidates for president and vice
49.28president, near the margin, shall be placed a square or box, in which the voters may
49.29indicate their choice by marking an "X."
49.30The form for the presidential ballot and the relative position of the several candidates
49.31shall be determined by the rules applicable to other state officers. The state ballot, with
49.32the required heading, shall be printed on the same piece of paper and shall be below the
49.33presidential ballot with a blank space between one inch in width.
50.1 Sec. 77. Minnesota Statutes 2012, section 208.04, subdivision 2, is amended to read:
50.2 Subd. 2. Applicable rules. The rules for preparation, state contribution to the cost
50.3of printing, and delivery of presidential ballots are the same as the rules for
50.4general election ballots under section 204D.11, subdivision 1.
50.5 Sec. 78. Minnesota Statutes 2012, section 208.06, is amended to read:
50.6208.06 ELECTORS AND ALTERNATES TO MEET AT STATE CAPITOL
50.8The presidential electors and alternate presidential electors, before
50.9on the day before that fixed by Congress for the electors to vote for president and vice
50.10president of the United States, shall notify the governor that they are at the State Capitol
50.11and ready at the proper time to fulfill their duties as electors. The governor shall deliver
50.12to the electors present a certificate of the names of all the electors.
50.20meet at 12:00 p.m. in the executive chamber of the State Capitol and shall perform all the
50.21duties imposed upon them as electors by the Constitution and laws of the United States
50.22and this state in the manner provided in section 208.46.
50.23 Sec. 79. [208.40] SHORT TITLE.
50.24Sections 208.40 to 208.48 may be cited as the "Uniform Faithful Presidential
50.26 Sec. 80. [208.41] DEFINITIONS.
50.27(a) The definitions in this section apply to sections 208.40 to 208.48.
50.28(b) "Cast" means accepted by the secretary of state in accordance with section
50.29208.46, paragraph (b).
50.30(c) "Elector" means an individual selected as a presidential elector under this chapter.
50.31(d) "President" means the president of the United States.
51.1(e) "Unaffiliated presidential candidate" means a candidate for president who
51.2qualifies for the general election ballot in this state by means other than nomination by a
51.4(f) "Vice president" means the vice president of the United States.
51.5 Sec. 81. [208.42] DESIGNATION OF STATE'S ELECTORS.
51.6For each elector position in this state, a political party contesting the position, or
51.7an unaffiliated presidential candidate, shall submit to the secretary of state the names of
51.8two qualified individuals. One of the individuals must be designated "elector nominee"
51.9and the other "alternate elector nominee."
51.10Except as otherwise provided in sections 208.44 to 208.47, this state's electors are
51.11the winning elector nominees under the laws of this state.
51.12 Sec. 82. [208.43] PLEDGE.
51.13Each elector nominee and alternate elector nominee of a political party shall execute
51.14the following pledge: "If selected for the position of elector, I agree to serve and to mark
51.15my ballots for president and vice president for the nominees for those offices of the party
51.16that nominated me." Each elector nominee and alternate elector nominee of an unaffiliated
51.17presidential candidate shall execute the following pledge: "If selected for the position
51.18of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and
51.19to mark my ballots for that candidate and for that candidate's vice-presidential running
51.20mate." The executed pledges must accompany the submission of the corresponding names
51.21to the secretary of state.
51.22 Sec. 83. [208.44] CERTIFICATION OF ELECTORS.
51.23In submitting this state's certificate of ascertainment as required by United States
51.24Code, title 3, section 6, the governor shall certify this state's electors and state in the
51.26(1) the electors will serve as electors unless a vacancy occurs in the office of elector
51.27before the end of the meeting at which elector votes are cast, in which case a substitute
51.28elector will fill the vacancy; and
51.29(2) if a substitute elector is appointed to fill a vacancy, the governor will submit an
51.30amended certificate of ascertainment stating the names on the final list of this state's
51.32 Sec. 84. [208.45] PRESIDING OFFICER; ELECTOR VACANCY.
52.1(a) The secretary of state shall preside at the meeting of electors described in section
52.3(b) The position of an elector not present to vote is vacant. The secretary of state
52.4shall appoint an individual as a substitute elector to fill a vacancy as follows:
52.5(1) if the alternate elector is present to vote, by appointing the alternate elector
52.6for the vacant position;
52.7(2) if the alternate elector for the vacant position is not present to vote, by appointing
52.8an elector chosen by lot from among the alternate electors present to vote who were
52.9nominated by the same political party or unaffiliated presidential candidate;
52.10(3) if the number of alternate electors present to vote is insufficient to fill any
52.11vacant position pursuant to clauses (1) and (2), by appointing any immediately available
52.12individual who is qualified to serve as an elector and chosen through nomination by a
52.13plurality vote of the remaining electors, including nomination and vote by a single elector
52.14if only one remains;
52.15(4) if there is a tie between at least two nominees for substitute elector in a vote
52.16conducted under clause (3), by appointing an elector chosen by lot from among those
52.18(5) if all elector positions are vacant and cannot be filled pursuant to clauses (1) to
52.19(4), by appointing a single presidential elector, with remaining vacant positions to be filled
52.20under clause (3) and, if necessary, clause (4).
52.21(c) To qualify as a substitute elector under paragraph (b), an individual who has not
52.22executed the pledge required under section 208.43 shall execute the following pledge: "I
52.23agree to serve and to mark my ballots for president and vice president consistent with the
52.24pledge of the individual to whose elector position I have succeeded."
52.25 Sec. 85. [208.46] ELECTOR VOTING.
52.26(a) At the time designated for elector voting in section 208.06, and after all vacant
52.27positions have been filled under section 208.45, the secretary of state shall provide each
52.28elector with a presidential and a vice-presidential ballot. The elector shall mark the
52.29elector's presidential and vice-presidential ballots with the elector's votes for the offices
52.30of president and vice president, respectively, along with the elector's signature and the
52.31elector's legibly printed name.
52.32(b) Except as otherwise provided by law of this state other than this chapter, each
52.33elector shall present both completed ballots to the secretary of state, who shall examine
52.34the ballots and accept as cast all ballots of electors whose votes are consistent with their
52.35pledges executed under section 208.43 or 208.45, paragraph (c). Except as otherwise
53.1provided by law of this state other than this chapter, the secretary of state may not accept
53.2and may not count either an elector's presidential or vice-presidential ballot if the elector
53.3has not marked both ballots or has marked a ballot in violation of the elector's pledge.
53.4(c) An elector who refuses to present a ballot, presents an unmarked ballot, or
53.5presents a ballot marked in violation of the elector's pledge executed under section 208.43
53.6or 208.45, paragraph (c), vacates the office of elector, creating a vacant position to be
53.7filled under section 208.45.
53.8(d) The secretary of state shall distribute ballots to and collect ballots from a
53.9substitute elector and repeat the process under this section of examining ballots, declaring
53.10and filling vacant positions as required, and recording appropriately completed ballots from
53.11the substituted electors, until all of this state's electoral votes have been cast and recorded.
53.12 Sec. 86. [208.47] ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES.
53.13(a) After the vote of this state's electors is completed, if the final list of electors
53.14differs from any list that the governor previously included on a certificate of ascertainment
53.15prepared and transmitted under United States Code, title 3, section 6, the secretary of state
53.16immediately shall prepare an amended certificate of ascertainment and transmit it to
53.17the governor for the governor's signature.
53.18(b) The governor immediately shall deliver the signed amended certificate of
53.19ascertainment to the secretary of state and a signed duplicate original of the amended
53.20certificate of ascertainment to all individuals entitled to receive this state's certificate of
53.21ascertainment, indicating that the amended certificate of ascertainment is to be substituted
53.22for the certificate of ascertainment previously submitted.
53.23(c) The secretary of state shall prepare a certificate of vote. The electors on the final
53.24list shall sign the certificate. The secretary of state shall process and transmit the signed
53.25certificate with the amended certificate of ascertainment under United States Code, title
53.263, sections 9, 10, and 11.
53.27 Sec. 87. [208.48] UNIFORMITY OF APPLICATION AND CONSTRUCTION.
53.28In applying and construing sections 208.40 to 208.48, consideration must be given
53.29to the need to promote uniformity of the law with respect to their subject matter among
53.30states that enact the Uniform Faithful Presidential Electors Act or similar law.
53.31 Sec. 88. Minnesota Statutes 2012, section 209.01, subdivision 2, is amended to read:
53.32 Subd. 2. Statewide office. For purposes of this chapter, "statewide office" means the
53.33office of governor, lieutenant governor, attorney general, state auditor, secretary of state,
54.1chief justice or associate justice of the Supreme Court, judge of the Court of Appeals,
54.2United States senator, or presidential elector or alternate.
54.3 Sec. 89. Minnesota Statutes 2012, section 211B.045, is amended to read:
54.4211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
54.7posted in any number
54.8election year until ten days following the state general election. Municipal ordinances
54.9may regulate the size and number of noncommercial signs at other times.
54.10 Sec. 90. Minnesota Statutes 2012, section 211B.37, is amended to read:
54.11211B.37 COSTS ASSESSED.
54.12Except as otherwise provided in section 211B.36, subdivision 3, the chief
54.13administrative law judge shall assess the cost of considering complaints filed under
54.14section 211B.32 as provided in this section. Costs of complaints relating to a statewide
54.15ballot question or an election for a statewide or legislative office must be assessed against
54.16the appropriation from the general fund to the general account of the state elections
54.17campaign fund in section 10A.31, subdivision 4. Costs of complaints relating to any
54.18other ballot question or elective office must be
54.23office for this purpose.
54.24 Sec. 91. Minnesota Statutes 2012, section 340A.416, subdivision 2, is amended to read:
54.25 Subd. 2. Ballot question. The form of the question of the referendum under this
54.26section must be
54.28the city discontinue issuing intoxicating liquor licenses?".
54.29 Sec. 92. Minnesota Statutes 2012, section 340A.416, subdivision 3, is amended to read:
54.30 Subd. 3. Effect of election results. If a majority of persons voting on the
54.31referendum question vote
55.1not issue intoxicating liquor licenses until the results of the referendum have been reversed
55.2at a subsequent election where the question has been submitted as provided in this section.
55.3 Sec. 93. Minnesota Statutes 2012, section 340A.602, is amended to read:
55.5In any city in which the report of the operations of a municipal liquor store has
55.6shown a net loss prior to interfund transfer in any two of three consecutive years, the
55.7city council shall, not more than 45 days prior to the end of the fiscal year following
55.8the three-year period, hold a public hearing on the question of whether the city shall
55.9continue to operate a municipal liquor store. Two weeks' notice, written in clear and easily
55.10understandable language, of the hearing must be printed in the city's official newspaper.
55.11Following the hearing the city council may on its own motion or shall upon petition of five
55.12percent or more of the registered voters of the city, submit to the voters at a general or
55.13special municipal election the question of whether the city shall continue or discontinue
55.14municipal liquor store operations by a date which the city council shall designate. The
55.15date designated by the city council must not be more than 30 months following the date
55.16of the election. The form of the question shall be: "Shall the city of (name) discontinue
55.17operating the municipal liquor store on (Month xx, 2xxx)?".
55.18 Sec. 94. Minnesota Statutes 2012, section 375.20, is amended to read:
55.19375.20 BALLOT QUESTIONS.
55.20If the county board may do an act, incur a debt, appropriate money for a purpose,
55.21or exercise any other power or authority, only if authorized by a vote of the people, the
55.22question may be submitted at a special or general election, by a resolution specifying the
55.23matter or question to be voted upon. If the question is to authorize the appropriation of
55.24money, creation of a debt, or levy of a tax, it shall state the amount. Notice of the election
55.25shall be given as in the case of special elections. If the question submitted is adopted, the
55.26board shall pass an appropriate resolution to carry it into effect. In the election the form
55.27of the ballot shall be: "
55.28submitted)?, Yes ...... No......,"
55.30a special county election upon a question to be held within
55.31that effect is adopted by the county board. Upon the adoption of the resolution the county
55.32auditor shall post and publish notices of the election, as required by section 204D.22,
55.33subdivisions 2 and 3. The election shall be conducted and the returns canvassed in the
55.34manner prescribed by sections 204D.20 to 204D.27, so far as practicable.
56.1 Sec. 95. Minnesota Statutes 2012, section 447.32, subdivision 2, is amended to read:
56.2 Subd. 2. Elections. Except as provided in this chapter, the Minnesota Election Law
56.3applies to hospital district elections, as far as practicable. Regular elections must be held
56.4in each hospital district at the same time, in the same election precincts, and at the same
56.5polling places as general elections of state and county officers. It may establish the whole
56.6district as a single election precinct or establish two or more different election precincts and
56.7polling places for the elections. If there is more than one precinct, the boundaries of the
56.8election precincts and the locations of the polling places must be defined in the notice of
56.9election, either in full or by reference to a description or map on file in the office of the clerk.
56.10Special elections may be called by the hospital board to vote on any matter required
56.11by law to be submitted to the voters. A special election may not be conducted either
56.13scheduled primary or
56.15within the hospital district. Special elections must be held within the election precinct or
56.16precincts and at the polling place or places designated by the board. In the case of the
56.17first election of officers of a new district, precincts and polling places must be set by the
56.18governing body of the most populous city or town included in the district.
56.19Advisory ballots may be submitted by the hospital board on any question it wishes,
56.20concerning the affairs of the district, but only at a regular election or at a special election
56.21required for another purpose.
56.22 Sec. 96. Minnesota Statutes 2012, section 447.32, subdivision 3, is amended to read:
56.23 Subd. 3. Election notices. At least two weeks before the first day to file affidavits
56.24of candidacy, the clerk of the district shall publish a notice stating the first and last day
56.25on which affidavits of candidacy may be filed, the places for filing the affidavits and the
56.26closing time of the last day for filing. The clerk shall post a similar notice in at least one
56.27conspicuous place in each city and town in the district at least ten days before the first
56.28day to file affidavits of candidacy.
56.30shall provide a written notice to the county auditor of each county in which the hospital
56.31district is located. The notice must include the date of the election, the offices to be voted
56.32on at the election, and the title and language for each ballot question to be voted on at the
57.1a notice to the secretary of state in a manner and including information prescribed by
57.2the secretary of state.
57.3The notice of each election must be posted in at least one public and conspicuous
57.4place within each city and town included in the district at least
57.5the election. It must be published in the official newspaper of the district or, if a paper has
57.6not been designated, in a legal newspaper having general circulation within the district, at
57.7least two weeks before the election. Failure to give notice does not invalidate the election
57.8of an officer of the district. A voter may contest a hospital district election in accordance
57.9with chapter 209. Chapter 209 applies to hospital district elections.
57.10 Sec. 97. Minnesota Statutes 2012, section 447.32, subdivision 4, is amended to read:
57.11 Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
57.12candidate for the hospital board shall file an affidavit of candidacy for the election either as
57.13member at large or as a member representing the city or town where the candidate resides.
57.14The affidavit of candidacy must be filed with the city or town clerk not more than
57.15nor less than
57.16year in which the general election is held. The city or town clerk must forward the affidavits
57.17of candidacy to the clerk of the hospital district or, for the first election, the clerk of the
57.18most populous city or town immediately after the last day of the filing period. A candidate
57.19may withdraw from the election by filing an affidavit of withdrawal with the clerk of the
57.20district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy.
57.21The governing body of any hospital district may, by resolution, require that a
57.22candidate for hospital district office who wants write-in votes for the candidate to be
57.23counted file a written request with the filing officer for the office sought no later than the
57.24seventh day before the general election. The filing officer shall provide copies of the
57.25form to make the request.
57.26Voting must be by secret ballot. The clerk shall prepare, at the expense of the
57.27district, necessary ballots for the election of officers. Ballots must be
57.29and initialed by at least two judges as official ballots and used exclusively at the election.
57.30Any proposition to be voted on may be printed on the ballot provided for the election
57.31of officers. The hospital board may also authorize the use of voting systems subject to
57.32chapter 206. Enough election judges may be appointed to receive the votes at each
57.33polling place. The election judges shall act as clerks of election, count the ballots cast,
57.34and submit them to the board for canvass.
58.1After canvassing the election, the board shall issue a certificate of election to the
58.2candidate who received the largest number of votes cast for each office. The clerk shall
58.3deliver the certificate to the person entitled to it in person or by certified mail. Each person
58.4certified shall file an acceptance and oath of office in writing with the clerk within 30
58.5days after the date of delivery or mailing of the certificate. The board may fill any office
58.6as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
58.7qualification is effective if made before the board acts to fill the vacancy.
58.8 Sec. 98. Laws 1963, chapter 276, section 2, subdivision 2, as amended by Laws 1992,
58.9chapter 534, section 1, is amended to read:
58.10 Subd. 2.
58.21elections shall be conducted as provided in Minnesota Statutes, section 447.32. The
58.22hospital board shall, by resolution, adopt a plan for the orderly transition to the new
58.23election schedule. The resolution must be approved no later than four weeks before the
58.24first day to file affidavits of candidacy for the general election. The terms of school board
58.25members may be lengthened or shortened by one year as a part of the transition process.
58.26 Sec. 99. APPROPRIATION.
58.27$....... is appropriated from the general fund in fiscal year 2014 to the secretary of
58.28state to develop functionality within the statewide voter registration system to facilitate
58.29the processing and tracking of mail ballots submitted under Minnesota Statutes, sections
58.30204B.45 and 204B.46.
58.31 Sec. 100. REPEALER.
58.32Minnesota Statutes 2012, sections 204B.42; 204D.11, subdivisions 2 and 3; 205.17,
58.33subdivisions 2 and 4; 205A.08, subdivision 4; 208.07; and 208.08, are repealed.
59.3 Section 1. Minnesota Statutes 2012, section 13.851, subdivision 10, is amended to read:
59.4 Subd. 10. Felony
59.5classification of felony
59.6is governed by section 201.157.
59.7 Sec. 2. Minnesota Statutes 2012, section 201.054, is amended by adding a subdivision
59.9 Subd. 1a. Invalid registrations; notice to voter. If the county auditor has reason
59.10to believe based upon records provided by another public entity that an individual who
59.11has submitted a voter registration application is not eligible to vote, the county auditor
59.12must notify the individual of the reason that the individual's eligibility is in question
59.13and that the individual will not be registered to vote unless the individual reaffirms the
59.14individual's eligibility in writing.
59.15 Sec. 3. Minnesota Statutes 2012, section 201.054, subdivision 2, is amended to read:
59.16 Subd. 2. Prohibitions; penalty; affirmative defense. (a) No individual shall
59.19precinct if the individual is not eligible to vote;
59.21purpose of voting in more than one precinct;
59.25An individual who violates clause (1) but does not subsequently cast a ballot is guilty of a
59.26misdemeanor. An individual who violates clause (1) and subsequently casts a ballot is
59.27guilty of a felony. All other violations of this subdivision are a felony.
59.28(b) It is an affirmative defense to a prosecution for violation of paragraph (a), clause
59.29(1), if the individual:
59.30(1) requested, in writing, that the county auditor of the county where the individual
59.31resides withdraw the registration, and the request was made before any complaint was
59.32filed alleging a violation of paragraph (a), clause (1); and
59.33(2) did not vote at an election between the time the registration application was
59.34submitted and the time the individual requested the registration be withdrawn.
60.1 Sec. 4. Minnesota Statutes 2012, section 201.157, is amended to read:
60.2201.157 USE OF DEPARTMENT OF CORRECTIONS DATA.
60.3 Subdivision 1. Access to data. (a)
60.5available to the secretary of state on individuals 18 years of age or older who are currently:
60.6(1) serving felony sentences under the commissioner's jurisdiction; or
60.7(2) on probation for felony offenses that would result in the loss of civil rights, as
60.8indicated by the statewide supervision system established under section 241.065.
60.9The data must include the name, date of birth, last known residential address that is
60.10not a correctional facility, and, if available, corrections' state identification number
60.12has completed the sentence, the date of discharge.
60.13(b) The secretary of state must determine if any data newly indicates that:
60.14(1) an individual with an active voter registration in the statewide voter registration
60.15system is currently serving a felony sentence under the commissioner's jurisdiction or is on
60.16probation for a felony offense that would result in the loss of civil rights and the individual's
60.17voter record does not already have a challenged status due to a felony conviction;
60.18(2) an individual with an active voter registration in the statewide voter registration
60.19system who is currently serving a felony sentence under the commissioner's jurisdiction or
60.20who is on probation for a felony offense that would result in the loss of civil rights appears
60.21to have registered to vote or to have voted during a period when the individual's civil
60.22rights were revoked; and
60.23(3) an individual with a voter record that has a challenged status due to a felony
60.24conviction who was serving a felony sentence under the commissioner's jurisdiction
60.25 or who has been on probation for a felony offense that would result in the loss of civil
60.26rights has been discharged from a sentence.
60.27The secretary of state shall prepare a list of the registrants included under clause (1),
60.28(2), or (3) for each county auditor. For individuals under clause (1), the county auditor
60.29shall challenge the individual's record in the statewide voter registration system. The
60.30county auditor must provide information to the county attorney about individuals under
60.31clause (2) for the county attorney's investigation. For individuals under clause (3), the
60.32county auditor must determine if the challenge status should be removed from the voter
60.33record for the individual, and if so, must remove the challenge.
60.34The secretary of state must make the required determinations and provide the
60.35required lists to the county auditors at least monthly.
61.1For each state general election that occurs prior to the statewide voter registration
61.2system being programmed to generate lists as required by this section, the secretary of
61.3state must make the determination and provide lists to the county auditors between 30 and
61.460 days before the election and again between six and ten weeks after the election. In the
61.5year following that state election, the secretary of state must make this determination and
61.6provide lists to the county auditors again as part of the annual list maintenance.
61.7 Subd. 2. Notice to affected individuals. (a) Between 60 and 65 days prior to a state
61.8general election, the Department of Corrections shall provide to the secretary of state a list
61.9of offenders, who, at the time the list is prepared, are on supervised release or probation for
61.10a felony offense that resulted in the loss of civil rights. The list shall also include former
61.11offenders who the data indicates were discharged from all felony-level sentences since the
61.12previous list was provided in accordance with this subdivision and who are not serving a
61.13felony-level sentence at the time the list is prepared. The data must include the offender's
61.14name; date of birth; last known residential address that is not a correctional facility; if
61.15available, corrections state identification number and driver's license or state identification
61.16card number; and if an offender has completed the sentence, the date the discharge occurred.
61.17(b) The secretary of state shall use the data provided in paragraph (a) to mail written
61.18notices at least one month prior to a state general election, as follows:
61.19(1) a notice to each individual on probation for a felony offense that would result
61.20in the loss of civil rights, informing the individual that registration or voting while on
61.21probation for the offense is itself a felony offense and may result in the loss of the
61.22individual's probation status; and
61.23(2) a notice to each individual who has completed a term of probation resulting in
61.24the loss of civil rights and who has no new felony conviction, that the individual's right
61.25to vote has been restored.
61.26 Subd. 3. Data. Data on offenders submitted to the secretary of state under this
61.27section are private data on individuals as defined in section 13.02, subdivision 12, and
61.28may be used or disseminated only for purposes authorized by this section.
61.29 Sec. 5. Minnesota Statutes 2012, section 201.275, is amended to read:
61.30201.275 INVESTIGATIONS; PROSECUTIONS.
61.32alleged violation of this chapter shall promptly investigate. If there is probable cause for
61.33instituting a prosecution, the county attorney shall proceed
62.6published by the National District Attorneys Association.
62.7 Sec. 6. Minnesota Statutes 2012, section 203B.06, subdivision 3, is amended to read:
62.8 Subd. 3. Delivery of ballots. (a) The commissioner of corrections must provide
62.9the secretary of state with a list of the names and mailing addresses of correctional
62.10facilities in which only persons convicted of felony-level offenses reside in Minnesota.
62.11An application for an absentee ballot that provides an address included on the list provided
62.12by the commissioner of corrections must not be accepted and an absentee ballot must
62.13not be provided to the applicant. The county auditor or municipal clerk must promptly
62.14transmit a copy of the application to the county attorney. The Department of Corrections
62.15must implement procedures to ensure that absentee ballots issued under chapter 203B are
62.16not received or mailed by offenders incarcerated at correctional facilities in which only
62.17persons convicted of felony-level offenses reside.
62.18(b) If an application for absentee ballots is accepted at a time when absentee ballots
62.19are not yet available for distribution, the county auditor, or municipal clerk accepting the
62.20application shall file it and as soon as absentee ballots are available for distribution shall
62.21mail them to the address specified in the application. If an application for absentee ballots
62.22is accepted when absentee ballots are available for distribution, the county auditor or
62.23municipal clerk accepting the application shall promptly:
62.24 (1) mail the ballots to the voter whose signature appears on the application if the
62.25application is submitted by mail and does not request commercial shipping under clause (2);
62.26 (2) ship the ballots to the voter using a commercial shipper requested by the voter at
62.27the voter's expense;
62.28 (3) deliver the absentee ballots directly to the voter if the application is submitted in
62.30 (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
62.31been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
62.32voter who would have difficulty getting to the polls because of incapacitating health
62.33reasons, or who is disabled, or who is a patient in a health care facility, a resident of
62.34a facility providing assisted living services governed by chapter 144G, a participant in
63.1a residential program for adults licensed under section 245A.02, subdivision 14, or a
63.2resident of a shelter for battered women as defined in section 611A.37, subdivision 4.
63.4sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
63.5the next election occurring after receipt of the application. Only one set of ballots may
63.6be mailed, shipped, or delivered to an applicant for any election, except as provided in
63.7section 203B.121, subdivision 2, or when a replacement ballot has been requested by the
63.8voter for a ballot that has been spoiled or lost in transit.
63.9EFFECTIVE DATE.This section is effective June 15, 2013.
63.10 Sec. 7. Minnesota Statutes 2012, section 204C.14, is amended to read:
63.11204C.14 UNLAWFUL VOTING; PENALTY.
63.12 Subdivision 1. Violations; penalty. No individual shall intentionally:
63.13(a) misrepresent the individual's identity in applying for a ballot, depositing a ballot in
63.14a ballot box or attempting to vote by means of a voting machine or electronic voting system;
63.15(b) vote more than once at the same election;
63.16(c) put a ballot in a ballot box for any illegal purpose;
63.17(d) give more than one ballot of the same kind
63.18be placed in a ballot box;
63.19(e) aid, abet, counsel or procure another to go into any precinct for the purpose
63.20of voting in that precinct, knowing that the other individual is not eligible to vote in
63.21that precinct; or
63.22(f) aid, abet, counsel or procure another to do any act in violation of this section.
63.23A violation of this section is a felony.
63.24 Subd. 2. Signature on roster as evidence of intent. For purposes of proving a
63.25violation of this section, the signature of an individual on a polling place roster is prima
63.26facie evidence of the intent of the individual to vote at that election.
63.27 Sec. 8. Minnesota Statutes 2012, section 241.065, subdivision 2, is amended to read:
63.28 Subd. 2. Establishment. The Department of Corrections shall administer and
63.29maintain a computerized data system for the purpose of assisting criminal justice agencies
63.30in monitoring and enforcing the conditions of conditional release imposed on criminal
63.31offenders by a sentencing court or the commissioner of corrections. The adult data and
63.32juvenile data as defined in section 260B.171 in the statewide supervision system are
63.33private data as defined in section 13.02, subdivision 12, but are accessible to criminal
64.1justice agencies as defined in section 13.02, subdivision 3a, to the Minnesota sex offender
64.2program as provided in section 246B.04, subdivision 3, to public defenders as provided in
64.3section 611.272, to all trial courts and appellate courts, and to criminal justice agencies in
64.4other states in the conduct of their official duties. Adult data in the statewide supervision
64.5system are accessible to the secretary of state for the purposes described in section 201.157.
64.6 Sec. 9. [244.25] NOTICE OF LOSS OF VOTING RIGHTS.
64.7Whenever an adult felon is placed on probation supervision, the individual must be
64.8provided a written notice, included in the probation agreement, that the individual may not
64.9register to vote or cast a ballot in any election during the period of felony supervision. The
64.10individual must acknowledge, by signature, receipt of the notice. A copy of the notice and
64.11signature must be placed in the felon's probation supervision file.
64.12 Sec. 10. APPROPRIATION.
64.13(a) $....... is appropriated in fiscal year 2014 and $....... is appropriated in fiscal year
64.142015 to the secretary of state to administer this article. Of these amounts, $....... is added
64.15to the base budget of the secretary of state.
64.16(b) $....... is appropriated in fiscal year 2014 and $....... is appropriated in fiscal year
64.172015 to the commissioner of corrections to administer this article. Of this amount, $.......
64.18is added to the base budget of the Department of Corrections.
64.21 Section 1. Minnesota Statutes 2012, section 204B.14, subdivision 2, is amended to read:
64.22 Subd. 2. Separate precincts; combined polling place. (a) The following shall
64.23constitute at least one election precinct:
64.24(1) each city ward; and
64.25(2) each town and each statutory city.
64.26(b) A single, accessible, combined polling place may be established no later than
64.28(1) for any city of the third or fourth class, any town, or any city having territory in
64.29more than one county, in which all the voters of the city or town shall cast their ballots;
64.30(2) for contiguous precincts in the same municipality;
64.31(3) for up to four contiguous municipalities located entirely outside the metropolitan
64.32area, as defined by section 200.02, subdivision 24, that are contained in the same county; or
64.33(4) for noncontiguous precincts located in one or more counties.
65.1A copy of the ordinance or resolution establishing a combined polling place must
65.2be filed with the county auditor within 30 days after approval by the governing body. A
65.3polling place combined under clause (3) must be approved by the governing body of each
65.4participating municipality. A polling place combined under clause (4) must be approved
65.5by the governing body of each participating municipality and the secretary of state and
65.6may be located outside any of the noncontiguous precincts. A municipality withdrawing
65.7from participation in a combined polling place must do so by filing a resolution of
65.8withdrawal with the county auditor no later than
65.9The secretary of state shall provide a separate polling place roster for each precinct
65.10served by the combined polling place. A single set of election judges may be appointed
65.11to serve at a combined polling place. The number of election judges required must be
65.12based on the total number of persons voting at the last similar election in all precincts to
65.13be voting at the combined polling place. Separate ballot boxes must be provided for the
65.14ballots from each precinct. The results of the election must be reported separately for each
65.15precinct served by the combined polling place, except in a polling place established under
65.16clause (2) where one of the precincts has fewer than ten registered voters, in which case the
65.17results of that precinct must be reported in the manner specified by the secretary of state.
65.18 Sec. 2. Minnesota Statutes 2012, section 204B.14, subdivision 4, is amended to read:
65.19 Subd. 4. Boundary change procedure. Any change in the boundary of an election
65.20precinct must be adopted at least ten weeks before the date of the next election and, for the
65.21state primary and general election, no later than
65.22election. The precinct boundary change shall not take effect until notice of the change has
65.23been posted in the office of the municipal clerk or county auditor for at least 56 days.
65.24The county auditor must publish a notice illustrating or describing the congressional,
65.25legislative, and county commissioner district boundaries in the county in one or more
65.26qualified newspapers in the county at least 14 days before the first day to file affidavits of
65.27candidacy for the state general election in the year ending in two.
65.28Alternate dates for adopting changes in precinct boundaries, posting notices
65.29of boundary changes, and notifying voters affected by boundary changes pursuant
65.30to this subdivision, and procedures for coordinating precinct boundary changes with
65.31reestablishing local government election district boundaries may be established in the
65.32manner provided in the rules of the secretary of state.
65.33 Sec. 3. Minnesota Statutes 2012, section 204B.21, subdivision 1, is amended to read:
66.1 Subdivision 1. Appointment lists; duties of political parties and secretary of
66.3office, each major political party shall prepare a list of eligible voters to act as election
66.4judges in each election precinct. The political parties shall furnish the lists electronically
66.5to the secretary of state, in a format specified by the secretary of state. The secretary of
66.6state must combine the data received from each political party under this subdivision
66.7and must process the data to locate the precinct in which the address provided for each
66.8potential election judge is located. If the data submitted by a political party is insufficient
66.9for the secretary of state to locate the proper precinct, the associated name must not appear
66.10in any list forwarded to an appointing authority under this subdivision. The secretary of
66.11state shall notify political parties of any proposed election judges with addresses that
66.12could not be located in a precinct.
66.14auditor a list of the appropriate names for each election precinct in the jurisdiction of
66.15the appointing authority, noting the political party affiliation of each individual on the
66.16list. The county auditor must promptly forward the appropriate names to the appropriate
66.18 Sec. 4. Minnesota Statutes 2012, section 204D.03, subdivision 1, is amended to read:
66.19 Subdivision 1. State primary. The state primary shall be held on the
66.20 Tuesday after the third Monday in
66.21the nominees of the major political parties for partisan offices and the nominees for
66.22nonpartisan offices to be filled at the state general election, other than presidential electors.
66.23 Sec. 5. Minnesota Statutes 2012, section 204D.09, subdivision 1, is amended to read:
66.24 Subdivision 1. Example ballot. (a) No later than
66.25secretary of state shall supply each auditor with a copy of an example ballot. The example
66.26ballot must illustrate the format required for the ballots used in the primary and general
66.27elections that year.
66.28(b) The county auditor shall distribute copies of the example ballot to municipal and
66.29school district clerks in municipalities and school districts holding elections that year. The
66.30official ballot must conform in all respects to the example ballot.
66.31 Sec. 6. Minnesota Statutes 2012, section 204D.28, subdivision 5, is amended to read:
66.32 Subd. 5. Regular state primary. "Regular state primary" means:
67.1(a) the state primary at which candidates are nominated for offices elected at the
67.2state general election; or
67.3(b) a primary held on the
67.4 of odd-numbered years.
67.5 Sec. 7. Minnesota Statutes 2012, section 205.065, subdivision 1, is amended to read:
67.6 Subdivision 1. Establishing primary. A municipal primary for the purpose of
67.7nominating elective officers may be held in any city on the
67.8third Monday in
67.9be held for the purpose of electing officers. The date of a municipal primary held in
67.10an odd-numbered year may be postponed for inclement weather as provided in section
67.12 Sec. 8. Minnesota Statutes 2012, section 205.065, subdivision 2, is amended to read:
67.13 Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance
67.14or resolution adopted by
67.15is held, elect to choose nominees for municipal offices by a primary as provided in this
67.16section. The resolution or ordinance, when adopted, is effective for all ensuing municipal
67.17elections until it is revoked. The municipal clerk shall notify the secretary of state and the
67.18county auditor within 30 days after the adoption of the resolution or ordinance.
67.19 Sec. 9. Minnesota Statutes 2012, section 205A.03, subdivision 1, is amended to read:
67.20 Subdivision 1. Resolution requiring primary in certain circumstances. The
67.21school board of a school district may, by resolution adopted by
67.22year, decide to choose nominees for school board by a primary as provided in this section.
67.23The resolution, when adopted, is effective for all ensuing elections of board members in
67.24that school district until it is revoked. If the board decides to choose nominees by primary
67.25and if there are more than two candidates for a specified school board position or more
67.26than twice as many school board candidates as there are at-large school board positions
67.27available, the school district must hold a primary.
67.28 Sec. 10. Minnesota Statutes 2012, section 205A.03, subdivision 2, is amended to read:
67.29 Subd. 2. Date. The school district primary must be held on the
67.30 after the third Monday in
67.31is held. The clerk shall give notice of the primary in the manner provided in section
68.1205A.07 . The date of a school district primary held in an odd-numbered year may be
68.2postponed for inclement weather as provided in section 205A.055.
68.3 Sec. 11. Minnesota Statutes 2012, section 205A.06, subdivision 1a, is amended to read:
68.4 Subd. 1a. Filing period. In school districts that have adopted a resolution to choose
68.5nominees for school board by a primary election, affidavits of candidacy must be filed
68.6with the school district clerk no earlier than the 84th day and no later than the 70th day
68.8school district general election is held. In all other school districts, affidavits of candidacy
68.9must be filed no earlier than the 98th day and no later than the 84th day before the school
68.10district general election.
68.11 Sec. 12. Minnesota Statutes 2012, section 205A.11, subdivision 2a, is amended to read:
68.12 Subd. 2a. Notice of special elections. The school district clerk shall prepare a
68.13notice to the voters who will be voting in a combined polling place for a school district
68.14special election. The notice must include the following information: the date of the
68.15election, the hours of voting, and the location of the voter's polling place. The notice must
68.16be sent by nonforwardable mail to every affected household in the school district with
68.17at least one registered voter. The notice must be mailed no later than 14 days before
68.18the election. The mailed notice is not required for a school district special election that
68.19is held on the
68.20following the first Monday in November, or for a special election conducted entirely by
68.21mail. In addition, the mailed notice is not required for voters residing in a township if
68.22the school district special election is held on the second Tuesday in March and the town
68.23general election is held on that day. A notice that is returned as undeliverable must be
68.24forwarded immediately to the county auditor.
68.25 Sec. 13. Minnesota Statutes 2012, section 206.61, subdivision 5, is amended to read:
68.26 Subd. 5. Alternation. The provisions of the election laws requiring the alternation
68.27of names of candidates must be observed as far as practicable by changing the order of the
68.28names on an electronic voting system in the various precincts so that each name appears
68.29on the machines or marking devices used in a municipality substantially an equal number
68.30of times in the first, last, and in each intermediate place in the list or group in which
68.31they belong. However, the arrangement of candidates' names must be the same on all
68.32voting systems used in the same precinct. If the number of names to be alternated exceeds
69.1the number of precincts, the election official responsible for providing the ballots, in
69.2accordance with subdivision 1, shall determine by lot the alternation of names.
69.3If an electronic ballot marker is used with a paper ballot that is not an optical scan
69.4ballot card, the manner of alternation of candidate names on the paper ballot must be as
69.5prescribed for optical scan ballots in this subdivision.
69.6The rules adopted by the secretary of state for the rotation of candidate names must
69.7use the number of registered voters in each precinct as of 8:00 a.m. on
69.8the year when the rotation will be made as the basis for determining the rotation of names.
69.9 Sec. 14. Minnesota Statutes 2012, section 206.82, subdivision 2, is amended to read:
69.10 Subd. 2. Plan. The municipal clerk in a municipality where an electronic voting
69.11system is used and the county auditor of a county in which an electronic voting system
69.12is used in more than one municipality and the county auditor of a county in which a
69.13counting center serving more than one municipality is located shall prepare a plan which
69.14indicates acquisition of sufficient facilities, computer time, and professional services
69.15and which describes the proposed manner of complying with section 206.80. The plan
69.16must be signed, notarized, and submitted to the secretary of state more than 60 days
69.17before the first election at which the municipality uses an electronic voting system. Before
69.19to the secretary of state notification of any changes to the plan on file with the secretary
69.20of state. The secretary of state shall review each plan for its sufficiency and may request
69.21technical assistance from the Office of Enterprise Technology or other agency which may
69.22be operating as the central computer authority. The secretary of state shall notify each
69.23reporting authority of the sufficiency or insufficiency of its plan within 20 days of receipt
69.24of the plan. The attorney general, upon request of the secretary of state, may seek a district
69.25court order requiring an election official to fulfill duties imposed by this subdivision or by
69.26rules promulgated pursuant to this section.
69.27 Sec. 15. EFFECTIVE DATE.
69.28Sections 1 to 14 are effective January 1, 2016, and apply to elections conducted on
69.29or after that date."
69.30Delete the title and insert:
69.32relating to elections; adjusting the house of representatives district boundaries
69.33in Senate Districts 39 and 49; providing for early voting; modifying eligibility
69.34requirements for absentee voting; modifying in-person absentee voting
69.35procedures; modifying procedures related to applying for, obtaining, or casting
69.36an absentee ballot; modifying procedures related to vacancies in nomination for
70.1partisan and nonpartisan offices; modifying authorization for mail balloting;
70.2modifying election procedures and administration; adjusting election timelines;
70.3changing certain recount requirements and procedures; requiring training
70.4for polling place challengers; imposing additional requirements on polling
70.5place challengers; modifying provisions related to voter registration; adopting
70.6the Uniform Faithful Presidential Electors Act; modifying certain election
70.7administration procedures for individuals who have been convicted of a felony;
70.8appropriating money; repealing obsolete provisions;amending Minnesota
70.9Statutes 2012, sections 13.851, subdivision 10; 103C.225, subdivision 3;
70.10103C.305, subdivision 3; 103C.311, subdivision 2; 201.022, subdivision 1;
70.11201.054, subdivision 2, by adding a subdivision; 201.071, subdivision 2;
70.12201.091, subdivision 8; 201.12, subdivision 3; 201.13, subdivision 1a; 201.14;
70.13201.157; 201.275; 202A.14, subdivision 1; 203B.001; 203B.01, by adding
70.14a subdivision; 203B.02, subdivision 1; 203B.03, subdivision 1; 203B.04,
70.15subdivisions 1, 5; 203B.05, subdivision 1; 203B.06, subdivisions 1, 3; 203B.065;
70.16203B.08, subdivision 3; 203B.081; 203B.085; 203B.121, subdivisions 1, 3, 4, 5,
70.17by adding a subdivision; 203B.227; 203B.28; 204B.04, by adding a subdivision;
70.18204B.07, subdivision 2; 204B.13, subdivisions 1, 2, 5, by adding subdivisions;
70.19204B.14, subdivisions 2, 4; 204B.18, subdivision 2; 204B.21, subdivision 1;
70.20204B.22, subdivisions 1, 2; 204B.28, subdivisions 1, 2; 204B.32, subdivision 1;
70.21204B.33; 204B.35, subdivision 4; 204B.36, subdivision 1; 204B.45, subdivisions
70.221, 2; 204B.46; 204C.07, subdivisions 1, 2, 4, by adding a subdivision; 204C.14;
70.23204C.15, subdivision 1; 204C.19, subdivision 2; 204C.25; 204C.27; 204C.35,
70.24subdivision 1, by adding a subdivision; 204C.36, subdivision 1; 204D.03,
70.25subdivision 1; 204D.08, subdivision 6; 204D.09, subdivisions 1, 2; 204D.11,
70.26subdivisions 1, 4, 5, 6; 204D.13, subdivision 3; 204D.14, subdivisions 1, 3;
70.27204D.15, subdivision 3; 204D.16; 204D.165; 204D.19, subdivision 2, by
70.28adding a subdivision; 204D.28, subdivision 5; 205.02, subdivision 2; 205.065,
70.29subdivisions 1, 2; 205.10, subdivision 3; 205.13, subdivision 1a, by adding a
70.30subdivision; 205.16, subdivisions 4, 5; 205.17, subdivisions 1, 3; 205A.03,
70.31subdivisions 1, 2; 205A.04, by adding a subdivision; 205A.05, subdivisions 1,
70.322; 205A.06, subdivision 1a, by adding a subdivision; 205A.07, subdivisions 3,
70.333a, 3b; 205A.08, subdivision 1; 205A.11, subdivision 2a; 206.61, subdivisions
70.344, 5; 206.82, subdivisions 1, 2; 206.83; 206.89, subdivisions 2, 3; 206.895;
70.35206.90, subdivision 6; 208.02; 208.03; 208.04, subdivisions 1, 2; 208.06;
70.36209.01, subdivision 2; 211B.045; 211B.37; 241.065, subdivision 2; 340A.416,
70.37subdivisions 2, 3; 340A.602; 375.20; 447.32, subdivisions 2, 3, 4; Laws 1963,
70.38chapter 276, section 2, subdivision 2, as amended; proposing coding for new law
70.39in Minnesota Statutes, chapters 2; 203B; 204B; 208; 244; repealing Minnesota
70.40Statutes 2012, sections 2.444; 2.484; 203B.04, subdivision 6; 204B.12,
70.41subdivision 2a; 204B.13, subdivisions 4, 6; 204B.42; 204D.11, subdivisions 2, 3;
70.42205.17, subdivisions 2, 4; 205A.08, subdivision 4; 208.07; 208.08."
70.43And when so amended that the bill be recommended to pass and be referred to
70.44the full committee.
70.47February 27, 2013 .....
70.48(Date of Subcommittee recommendation)