1.1.................... moves to amend H.F. No. 1351 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. Minnesota Statutes 2008, section 13.607, subdivision 7, is amended to read:
1.6    Subd. 7. Absentee ballots. Disclosure of names of voters submitting absentee
1.7ballots is governed by section 203B.12, subdivision 7 203B.121, subdivision 2.

1.8    Sec. 2. Minnesota Statutes 2008, section 201.022, subdivision 1, is amended to read:
1.9    Subdivision 1. Establishment. The secretary of state shall maintain a statewide
1.10voter registration system to facilitate voter registration and to provide a central database
1.11containing voter registration information from around the state. The system must be
1.12accessible to the county auditor of each county in the state. The system must also:
1.13(1) provide for voters to submit their voter registration applications to any county
1.14auditor, the secretary of state, or the Department of Public Safety;
1.15(2) provide for the definition, establishment, and maintenance of a central database
1.16for all voter registration information;
1.17(3) provide for entering data into the statewide registration system;
1.18(4) provide for electronic transfer of completed voter registration applications from
1.19the Department of Public Safety to the secretary of state or the county auditor;
1.20(5) assign a unique identifier to each legally registered voter in the state;
1.21(6) provide for the acceptance of the Minnesota driver's license number, Minnesota
1.22state identification number, and last four digits of the Social Security number for each
1.23voter record;
1.24(7) coordinate with other agency databases within the state;
2.1(8) allow county auditors and the secretary of state to add or modify information in
2.2the system to provide for accurate and up-to-date records;
2.3(9) allow county auditors, municipal and school district clerks, and the secretary
2.4of state to have electronic access to the statewide registration system for review and
2.5search capabilities;
2.6(10) provide security and protection of all information in the statewide registration
2.7system and ensure that unauthorized access is not allowed;
2.8(11) provide access to municipal clerks to use the system;
2.9(12) provide a system for each county to identify the precinct to which a voter
2.10should be assigned for voting purposes;
2.11(13) provide daily reports accessible by county auditors on the driver's license
2.12numbers, state identification numbers, or last four digits of the Social Security numbers
2.13submitted on voter registration applications that have been verified as accurate by the
2.14secretary of state; and
2.15(14) provide reports on the number of absentee ballots transmitted to and returned
2.16and cast by voters under section 203B.16; and
2.17(15) provide rosters, master lists, and other reports necessary for early voting.
2.18The appropriate state or local official shall provide security measures to prevent
2.19unauthorized access to the computerized list established under section 201.021.

2.20    Sec. 3. Minnesota Statutes 2008, section 203B.001, is amended to read:
2.21203B.001 ELECTION LAW APPLICABILITY.
2.22The Minnesota Election Law is applicable to voting by absentee ballot and early
2.23voting unless otherwise provided in this chapter.

2.24    Sec. 4. Minnesota Statutes 2008, section 203B.01, is amended by adding a subdivision
2.25to read:
2.26    Subd. 5. Early voting. "Early voting" means voting in person before election day at
2.27the office of the county auditor or any other location authorized in this chapter within the
2.28time period provided in section 203B.31.

2.29    Sec. 5. Minnesota Statutes 2008, section 203B.03, subdivision 1, is amended to read:
2.30    Subdivision 1. Violation. No individual shall intentionally:
2.31(a) make or sign any false certificate required by this chapter;
2.32(b) make any false or untrue statement in any application for absentee ballots;
2.33(c) apply for absentee ballots more than once in any election with the intent to
2.34cast an illegal ballot;
3.1(d) exhibit a ballot marked by that individual to any other individual;
3.2(e) do any act in violation of the provisions of this chapter for the purpose of casting
3.3an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;
3.4(f) use information from absentee ballot or early voting materials or records for
3.5purposes unrelated to elections, political activities, or law enforcement;
3.6(g) provide assistance to an absentee or early voter except in the manner provided by
3.7section 204C.15, subdivision 1;
3.8(h) solicit the vote of an absentee or early voter while in the immediate presence of
3.9the voter during the time the individual knows the absentee or early voter is voting; or
3.10(i) alter an absentee ballot application after it has been signed by the voter, except by
3.11an election official for administrative purposes.
3.12Before inspecting information from absentee ballot or early voting materials or
3.13records, an individual shall provide identification to the public official having custody of
3.14the material or information.

3.15    Sec. 6. Minnesota Statutes 2008, section 203B.04, subdivision 1, is amended to read:
3.16    Subdivision 1. Application procedures. Except as otherwise allowed by
3.17subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
3.18for any election may be submitted at any time not less than one day before the day of
3.19that election. The county auditor shall prepare absentee ballot application forms in the
3.20format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
3.21and shall furnish them to any person on request. By January 1 of each even-numbered
3.22year, the secretary of state shall make the forms to be used available to auditors through
3.23electronic means. An application submitted pursuant to this subdivision shall be in writing
3.24and shall be submitted to:
3.25    (a) (1) the county auditor of the county where the applicant maintains residence; or
3.26    (b) (2) the municipal clerk of the municipality, or school district if applicable, where
3.27the applicant maintains residence.
3.28    An application shall be approved if it is timely received, signed and dated by the
3.29applicant, contains the applicant's name and residence and mailing addresses, and states
3.30that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
3.31section 203B.02. The application may must contain a request for the voter's applicant's
3.32date of birth, which the applicant's Minnesota driver's license or state identification card
3.33number, and the last four digits of the applicant's Social Security number, if the applicant
3.34has these numbers, an oath that the information contained on the form is accurate, that the
3.35applicant is applying on the applicant's own behalf, and that the applicant is signing the
4.1form under penalty of perjury. An applicant's full date of birth, driver's license or state
4.2identification number, and the last four digits of the applicant's Social Security number
4.3must not be made available for public inspection. An application may be submitted to
4.4the county auditor or municipal clerk by an electronic facsimile device. An application
4.5mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
4.6by a person other than the voter must be deposited in the mail or returned in person to
4.7the county auditor or municipal clerk within ten days after it has been dated by the voter
4.8and no later than six days before the election. The absentee ballot applications or a list of
4.9persons applying for an absentee ballot may not be made available for public inspection
4.10until the close of voting on election day.
4.11    An application under this subdivision may contain an application under subdivision
4.125 6 to automatically receive an absentee ballot application.

4.13    Sec. 7. Minnesota Statutes 2008, section 203B.04, subdivision 6, is amended to read:
4.14    Subd. 6. Ongoing absentee status; termination. (a) An eligible voter may apply to
4.15a county auditor or municipal clerk for status as an ongoing absentee voter who reasonably
4.16expects to meet the requirements of section 203B.02, subdivision 1. The voter may
4.17decline to receive an absentee ballot for one or more elections if that request is received
4.18by the county auditor or municipal clerk at least five days before the deadline in section
4.19204B.35 for delivering ballots for the election to which it applies. Sixty days before each
4.20state primary, the county auditor must send each voter with ongoing absentee ballot status
4.21a nonforwardable postcard to notify the voter when the voter can expect to receive the
4.22ballots. Each applicant must automatically be provided with an absentee ballot application
4.23for each ensuing election other than an election by mail conducted under section 204B.45,
4.24or as otherwise requested by the voter, and must have the status of ongoing absentee voter
4.25indicated on the voter's registration record.
4.26(b) Ongoing absentee voter status ends on:
4.27(1) the voter's written request;
4.28(2) the voter's death;
4.29(3) return of an ongoing absentee ballot as undeliverable;
4.30(4) a change in the voter's status so that the voter is not eligible to vote under section
4.31201.15 or 201.155; or
4.32(5) placement of the voter's registration on inactive status under section 201.171.
4.33By May 1, 2010, each county auditor shall mail an explanation of the changes to the
4.34ongoing absentee balloting process and an updated ongoing absentee voter application to
4.35every voter with ongoing absentee ballot status in their county. A voter must return the
5.1application to maintain the voter's status as an ongoing absentee voter. Upon receipt of
5.2a completed application, the county auditor shall scan an image of the application and
5.3update the voter's record with any new or changed information.
5.4EFFECTIVE DATE.This section is not effective until the secretary of state has
5.5certified that the statewide voter registration system has been tested and shown to properly
5.6allow for the issuance of ballots to ongoing absentee voters.

5.7    Sec. 8. Minnesota Statutes 2008, section 203B.05, is amended to read:
5.8203B.05 DESIGNATION OF MUNICIPAL CLERKS TO ADMINISTER
5.9EARLY AND ABSENTEE VOTING LAWS.
5.10    Subdivision 1. Generally. The full-time clerk of any city or town shall administer
5.11the provisions of sections 203B.04 to 203B.15 and 203B.30 to 203B.35 if:
5.12(a) (1) the county auditor of that county has designated the clerk to administer
5.13them; or
5.14(b) (2) the clerk has given the county auditor of that county notice of intention
5.15to administer them.
5.16A clerk may only administer the provisions of sections 203B.04 to 203B.15 and
5.17203B.30 to 203B.35 if the clerk has technical capacity to access the statewide voter
5.18registration system in the secure manner prescribed by the secretary of state. The secretary
5.19of state must identify hardware, software, security, or other technical prerequisites
5.20necessary to ensure the security, access controls, and performance of the statewide voter
5.21registration system. A clerk must receive training approved by the secretary of state
5.22on the use of the statewide voter registration system before administering this section.
5.23A clerk may not use the statewide voter registration system until the clerk has received
5.24the required training.
5.25    Subd. 2. City, school district, and town elections. For city, town, and school
5.26district elections not held on the same day as a statewide election, applications for
5.27absentee ballots shall be filed with the city, school district, or town clerk and the duties
5.28prescribed by this chapter for the county auditor shall be performed by the city, school
5.29district, or town clerk unless the county auditor agrees to perform those duties on behalf
5.30of the city, school district, or town clerk. The costs incurred to provide absentee ballots
5.31and perform the duties prescribed by this subdivision shall be paid by the city, town, or
5.32school district holding the election.
5.33    Notwithstanding any other law, this chapter applies to school district elections held
5.34on the same day as a statewide election or an election for a county or municipality wholly
5.35or partially within the school district.
6.1EFFECTIVE DATE.This section is not effective until the secretary of state has
6.2certified that the statewide voter registration system has been tested, shown to properly
6.3allow municipal clerks to update absentee voting records, and to be able to handle the
6.4expected volume of use.

6.5    Sec. 9. Minnesota Statutes 2008, section 203B.06, subdivision 3, is amended to read:
6.6    Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted
6.7at a time when absentee ballots are not yet available for distribution, the county auditor,
6.8or municipal clerk accepting the application shall file it and as soon as absentee ballots
6.9are available for distribution shall mail them to the address specified in the application.
6.10If an application for absentee ballots is accepted when absentee ballots are available for
6.11distribution, the county auditor or municipal clerk accepting the application shall promptly:
6.12    (1) mail the ballots to the voter whose signature appears on the application if the
6.13application is submitted by mail and does not request commercial shipping under clause
6.14(2);
6.15    (2) ship the ballots to the voter using a commercial shipper requested by the voter at
6.16the voter's expense;
6.17    (3) deliver the absentee ballots directly to the voter if the application is submitted in
6.18person; or
6.19    (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
6.20been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
6.21voter who would have difficulty getting to the polls because of incapacitating health
6.22reasons, or who is disabled, or who is a patient in a health care facility, a resident of
6.23a facility providing assisted living services governed by chapter 144G, a participant in
6.24a residential program for adults licensed under section 245A.02, subdivision 14, or a
6.25resident of a shelter for battered women as defined in section 611A.37, subdivision 4.
6.26    (b) If an application does not indicate the election for which absentee ballots are
6.27sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the
6.28next election occurring after receipt of the application. Only one set of ballots may be
6.29mailed, shipped, or delivered to an applicant for any election, except as provided in section
6.30203B.13 203B.121, subdivision 2 , or when a replacement ballot has been requested by the
6.31voter for a ballot that has been spoiled or lost in transit.
6.32EFFECTIVE DATE.This section is not effective until the secretary of state has
6.33certified that the statewide voter registration system has been tested, shown to properly
6.34allow municipal clerks to update absentee voting records, and to be able to handle the
6.35expected volume of use.

7.1    Sec. 10. [203B.065] RECORDING APPLICATIONS.
7.2Upon accepting an application for a state primary or state general election, the
7.3county auditor or municipal clerk shall record in the statewide registration system the
7.4voter's name, address of residence in Minnesota, mailing address, Minnesota driver's
7.5license or state identification number, or the last four digits of the voter's Social Security
7.6number, if provided by the voter, that an absentee ballot has been transmitted to the voter,
7.7the method of transmission, and the date of transmission.
7.8Upon receipt of a returned absentee ballot for a state primary or state general
7.9election, the county auditor or municipal clerk shall record in the statewide voter
7.10registration system that the voter has returned the ballot.
7.11Upon receipt of notice that the ballot board has accepted or rejected the absentee
7.12ballot for a state primary or state general election, the county auditor or municipal clerk
7.13shall record in the statewide voter registration system whether the ballot was accepted or
7.14rejected, and if rejected, the reason for rejection. If a replacement ballot is transmitted to
7.15the voter, the county auditor or municipal clerk shall record this in the statewide voter
7.16registration system.
7.17EFFECTIVE DATE.This section is not effective until the secretary of state has
7.18certified that the statewide voter registration system has been tested, shown to properly
7.19allow municipal clerks to update absentee voting records, and to be able to handle the
7.20expected volume of use.

7.21    Sec. 11. Minnesota Statutes 2008, section 203B.07, subdivision 2, is amended to read:
7.22    Subd. 2. Design of envelopes. The return envelope shall be of sufficient size to
7.23conveniently enclose and contain the ballot envelope and a folded voter registration
7.24application. The return envelope shall be designed to open on the left-hand end. If the
7.25voter was not previously registered, The return envelope must be designed in one of
7.26the following ways:
7.27    (1) it must be of sufficient size to contain an additional envelope that when sealed,
7.28conceals the signature, identification, and other information; or
7.29    (2) it must provide an additional flap that when sealed, conceals the signature,
7.30identification, and other information.
7.31     Election officials may open the flap or the additional envelope at any time after
7.32receiving the returned ballot to inspect the returned certificate for completeness or to
7.33ascertain other information.

7.34    Sec. 12. Minnesota Statutes 2008, section 203B.07, subdivision 3, is amended to read:
8.1    Subd. 3. Eligibility certificate. A certificate of eligibility to vote by absentee ballot
8.2shall be printed on the back of the return envelope. The certificate shall contain space for
8.3the voter's Minnesota driver's license, state identification number, or the last four digits of
8.4the voter's Social Security number or to indicate that they do not have one, and a statement
8.5to be signed and sworn by the voter indicating that the voter meets all of the requirements
8.6established by law for voting by absentee ballot, that the ballots were unmarked when
8.7received by the voter, and that the voter personally marked the ballots without showing
8.8how they were marked, or, if the voter was physically unable to mark them, that the voter
8.9directed another individual to mark them. If the voter was not previously registered at that
8.10address, the certificate shall also contain space for a statement signed by a person who
8.11is registered to vote in Minnesota or by a notary public or other individual authorized to
8.12administer oaths a United States citizen stating that:
8.13    (1) the ballots were displayed to that individual unmarked;
8.14    (2) the voter marked the ballots in that individual's presence without showing how
8.15they were marked, or, if the voter was physically unable to mark them, that the voter
8.16directed another individual to mark them; and
8.17    (3) if the voter was not previously registered, the voter has provided proof of
8.18residence as required by section 201.061, subdivision 3.

8.19    Sec. 13. Minnesota Statutes 2008, section 203B.08, subdivision 2, is amended to read:
8.20    Subd. 2. Address on return envelopes. The county auditor or municipal clerk shall
8.21address return envelopes to allow direct mailing of the absentee ballots to:
8.22(a) the county auditor or municipal clerk who sent the ballots to the voter; has the
8.23responsibility to accept and reject the absentee ballots.
8.24(b) the clerk of the town or city in which the absent voter is eligible to vote; or
8.25(c) the appropriate election judges.
8.26EFFECTIVE DATE.This section is not effective until the secretary of state has
8.27certified that the statewide voter registration system has been tested, shown to properly
8.28allow municipal clerks to update absentee voting records, and to be able to handle the
8.29expected volume of use.

8.30    Sec. 14. Minnesota Statutes 2008, section 203B.08, subdivision 3, is amended to read:
8.31    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
8.32county auditor or municipal clerk, that official shall stamp or initial and date the return
8.33envelope and place it in a secure location with other return envelopes received by that
8.34office. Within five days of receipt, the county auditor or municipal clerk shall deliver to the
9.1appropriate election judges on election day all ballots received before or with the last mail
9.2delivery by the United States Postal Service on election day. A town clerk may request the
9.3United States Postal Service to deliver absentee ballots to the polling place on election
9.4day instead of to the official address of the town clerk. ballot board all ballots received,
9.5except that during the 14 days immediately preceding an election, the county auditor or
9.6municipal clerk shall deliver all ballots received to the ballot board within three days.
9.7EFFECTIVE DATE.This section is not effective until the secretary of state has
9.8certified that the statewide voter registration system has been tested, shown to properly
9.9allow municipal clerks to update absentee voting records, and to be able to handle the
9.10expected volume of use.

9.11    Sec. 15. Minnesota Statutes 2008, section 203B.081, is amended to read:
9.12203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
9.13    An eligible voter may vote by absentee ballot during the 30 days before the election
9.14up until the third day before the election in the office of the county auditor and at any
9.15other polling place designated by the county auditor, except that an eligible voter may
9.16not vote by absentee ballot in person during the period for early voting, as provided in
9.17section 203B.31. On the day before the election, voters who had planned on voting in
9.18person in the polling place and only learned of circumstances in the last four days that will
9.19prevent them from doing so may vote by absentee ballot. The county auditor shall make
9.20such polling place designations under this section at least 90 days before the election. At
9.21least one voting booth in each polling place must be made available by the county auditor
9.22for this purpose. The county auditor must also make available at least one electronic ballot
9.23marker in each polling place that has implemented a voting system that is accessible for
9.24individuals with disabilities pursuant to section 206.57, subdivision 5.

9.25    Sec. 16. Minnesota Statutes 2008, section 203B.085, is amended to read:
9.26203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO
9.27REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.
9.28    The county auditor's office in each county and the clerk's office in each city or
9.29town authorized under section 203B.05 to administer absentee balloting must be open for
9.30acceptance of absentee ballot applications and casting of absentee ballots from 10:00 a.m.
9.31to 3:00 p.m. on Saturday and until 5:00 p.m. noon on the day immediately Saturday
9.32preceding a primary, special, or general election unless that day falls on a Saturday
9.33or Sunday. On the day before the election, the office must be open for acceptance of
9.34absentee ballot applications and casting of absentee ballots for voters who additionally
10.1certify that they had planned on voting in person in the polling place and only learned of
10.2circumstances in the last four days that will prevent them from doing so. Town clerks'
10.3offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday
10.4before a town general election held in March. The school district clerk, when performing
10.5the county auditor's election duties, need not comply with this section.

10.6    Sec. 17. Minnesota Statutes 2008, section 203B.11, subdivision 1, is amended to read:
10.7    Subdivision 1. Generally. Each full-time municipal clerk or school district
10.8clerk who has authority under section 203B.05 to administer absentee and early voting
10.9laws shall designate election judges to deliver absentee ballots in accordance with this
10.10section. The county auditor must also designate election judges to perform the duties in
10.11this section. A ballot may be delivered only to an eligible voter who is a temporary or
10.12permanent resident or patient in a health care facility or hospital located in the municipality
10.13in which the voter maintains residence. The ballots shall be delivered by two election
10.14judges, each of whom is affiliated with a different major political party. When the election
10.15judges deliver or return ballots as provided in this section, they shall travel together in the
10.16same vehicle. The election judges must bring a ballot box. Both election judges shall be
10.17present when an applicant completes the certificate of eligibility signs the certification
10.18required by section 204C.10, paragraph (b), and marks the absentee ballots, and may assist
10.19an applicant as provided in section 204C.15. Voters must insert their ballots into the
10.20ballot box. The election judges shall deposit the return envelopes containing the marked
10.21absentee ballots remove the ballots from the ballot box, place them in a sealed container
10.22and return them to the clerk on the same day that they are delivered and marked.
10.23Election judges may bring an electronic ballot counter to serve as the ballot box.
10.24Election judges may bring an electronic ballot marker.

10.25    Sec. 18. [203B.121] BALLOT BOARDS.
10.26    Subdivision 1. Establishment; applicable laws. (a) The governing body of each
10.27county, municipality, and school district with responsibility to accept and reject absentee
10.28ballots or administer early voting must, by ordinance or resolution, establish a ballot
10.29board. The board must consist of a sufficient number of election judges appointed as
10.30provided in sections 204B.19 to 204B.22. The board may consist of staff trained as
10.31election judges, in which case the board is exempt from sections 204B.19, subdivision 5,
10.32and 204C.15, relating to party balance in the appointment of judges, and is also exempt
10.33from the duties otherwise required to be performed by ballot board members or election
10.34judges of two different major political parties.
11.1(b) Each jurisdiction must pay a reasonable compensation to each member of that
11.2jurisdiction's ballot board for services rendered during an election.
11.3(c) Except as otherwise provided by this section, all provisions of the Minnesota
11.4Election Law apply to a ballot board.
11.5    Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot
11.6board shall take possession of all return envelopes delivered to them in accordance
11.7with section 203B.08. Upon receipt from the county auditor, municipal clerk, or school
11.8district clerk, two or more members of the ballot board of different major political parties
11.9shall examine each return envelope and shall mark it accepted or rejected in the manner
11.10provided in this subdivision.
11.11(b) The members of the ballot board shall mark the return envelope "accepted" and
11.12initial or sign the return envelope below the word "accepted" if a majority of the members
11.13of the ballot board are satisfied that:
11.14(1) the voter's name and address on the return envelope are the same as the
11.15information provided on the absentee ballot application;
11.16(2) the voter signed the certification on the envelope;
11.17(3) the voter's Minnesota driver's license, state identification number, or the last four
11.18digits of the voter's Social Security number are the same as the number provided on the
11.19voter's application for ballots. If the number does not match the number as submitted on
11.20the application, or if a number was not submitted on the application, the election judges
11.21must make a reasonable effort to determine through other information provided by the
11.22applicant that the ballots were returned by the same person to whom the ballots were
11.23transmitted;
11.24(4) the voter is registered and eligible to vote in the precinct or has included a
11.25properly completed voter registration application in the return envelope; and
11.26(5) the voter has not already voted at that election, either in person or by absentee
11.27ballot.
11.28The return envelope from accepted ballots must be preserved and returned to the
11.29county auditor.
11.30The ballots from return envelopes marked "accepted" shall be opened, duplicated as
11.31needed in the manner provided in section 206.86, subdivision 5, initialed by the members
11.32of the ballot board, and deposited in the appropriate ballot box. These duties must be
11.33performed by ballot board members of two different major political parties. If more than
11.34one ballot is enclosed in the ballot envelope, none of the ballots shall be counted but
11.35all ballots of that kind shall be returned in the manner provided by section 204C.25 for
11.36return of spoiled ballots.
12.1(c) (1) If a majority of the members of the ballot board examining a return envelope
12.2find that an absentee voter has failed to meet one of the requirements provided in
12.3paragraph (b), they shall mark the return envelope "rejected," initial or sign it below the
12.4word "rejected," list the reason for the rejection on the envelope, and return it to the county
12.5auditor. There is no other reason for rejecting an absentee ballot beyond those permitted
12.6by this section. Failure to place the ballot within the security envelope before placing it in
12.7the outer white envelope is not a reason to reject an absentee ballot.
12.8(2) If an envelope has been rejected at least five days before the election, the
12.9envelope must remain sealed and the official in charge of the ballot board shall provide
12.10the voter with a replacement absentee ballot and return envelope in place of the rejected
12.11ballot. Notwithstanding any rule to the contrary, the official in charge of the election is not
12.12required to write "replacement" on the replacement ballot.
12.13(3) If an envelope is rejected within five days of the election, the envelope must
12.14remain sealed and the official in charge of the ballot board must attempt to contact the
12.15voter by telephone or electronic mail to notify the voter that the voter's ballot has been
12.16rejected. The official must document the attempts made to contact the voter.
12.17(d) The names of voters who have submitted an absentee ballot return envelope to
12.18the county auditor or municipal clerk that has not been accepted by a ballot board may not
12.19be made available for public inspection until the close of voting on election day.
12.20    Subd. 3. Duties of ballot board; early voting. The members of the ballot board
12.21shall administer the process of early voting as prescribed in section 203B.35, and shall
12.22make a record of voters who cast ballots early and count those ballots as provided in
12.23subdivisions 4 and 5 of this section.
12.24    Subd. 4. Record of voting. (a) The county auditor or municipal clerk must
12.25immediately record that a voter's absentee ballot has been accepted or that the voter has
12.26cast a ballot pursuant to the early voting procedures provided in this chapter, in order to
12.27prevent the voter from casting more than one ballot at an election. After a voter's record
12.28has been marked, the individual must not be allowed to vote again at that election. In a
12.29state primary, state general, or state special election, the auditor or clerk must also record
12.30in the statewide voter registration system that the voter has cast a ballot.
12.31(b) The roster must be marked, or a supplemental report created, no later than the
12.32start of voting on election day to indicate the voters that have already cast a ballot at the
12.33election. The roster may be marked either:
12.34(1) By the municipal clerk before election day;
12.35(2) By the ballot board before election day; or
12.36(3) By the election judges at the polling place on election day.
13.1The record of a voter who cast an absentee ballot in person on the day prior to the
13.2election, or whose absentee ballot arrived by mail on the day of, or the day prior to the
13.3election, is not required to be marked on the roster or contained in a supplemental report
13.4as required by this paragraph.
13.5    Subd. 5. Storage and counting of absentee and early voting ballots. (a) On a day
13.6on which early voting or absentee ballots are inserted into a ballot box, two members of
13.7the ballot board of different major political parties must:
13.8(1) remove the ballots from the ballot box at the end of the day;
13.9(2) without inspecting the ballots, ensure that the number of ballots removed from
13.10the ballot box is equal to the combined number of voters who voted in person and voters
13.11whose absentee ballots were accepted that day; and
13.12(3) seal and secure all voted and unvoted ballots present in that location at the end
13.13of the day.
13.14(b) After the polls have closed on election day, two members of the ballot board of
13.15different major political parties must count the ballots, tabulating the vote in a manner that
13.16indicates each vote of the voter and the total votes cast for each candidate or question. In
13.17state primary and state general elections, the results must indicate the total votes cast for
13.18each candidate or question in each precinct and report the vote totals tabulated for each
13.19precinct. The count shall be public. No vote totals from ballots may be made public
13.20before the close of voting on election day.
13.21In state primary and state general elections, these vote totals shall be added to the
13.22vote totals on the summary statements of the returns for the appropriate precinct. In other
13.23elections, these vote totals may be added to the vote totals on the summary statement of
13.24returns for the appropriate precinct or may be reported as a separate total.
13.25(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
13.26completed previously, the members of the ballot board must verify within 48 hours after
13.27election day that voters whose absentee ballots arrived after the rosters were marked or
13.28supplemental reports were generated and whose ballots were accepted did not vote in
13.29person on election day. This task must be completed before the members of the ballot
13.30board take any additional steps to process and count these ballots.
13.31EFFECTIVE DATE.The provisions of this section related to absentee voting are
13.32effective when the secretary of state has certified that the statewide voter registration
13.33system has been tested, shown to properly allow municipal clerks to update absentee
13.34voting records, and to be able to handle the expected volume of use.

13.35    Sec. 19. Minnesota Statutes 2008, section 203B.125, is amended to read:
14.1203B.125 SECRETARY OF STATE TO MAKE RULES.
14.2The secretary of state shall adopt rules establishing methods and procedures for
14.3issuing ballot cards and related absentee forms to be used as provided in section 203B.08,
14.4subdivision 1a , and for the reconciliation of voters and ballot cards before tabulation under
14.5section 203B.12 204C.20, subdivision 1.

14.6    Sec. 20. Minnesota Statutes 2008, section 203B.23, subdivision 1, is amended to read:
14.7    Subdivision 1. Establishment. The county auditor must establish an absentee ballot
14.8board for ballots issued under sections 203B.16 to 203B.27. The board may consist of
14.9staff trained and certified as election judges, in which case, the board is exempt from
14.10sections 204B.19, subdivision 5, and 204C.15, relating to party balance in appointment
14.11of judges and to duties to be performed by judges or members of the ballot board of
14.12different major political parties.

14.13    Sec. 21. Minnesota Statutes 2008, section 203B.23, subdivision 2, is amended to read:
14.14    Subd. 2. Duties. The absentee ballot board must examine all returned absentee
14.15ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject
14.16the absentee ballots in the manner provided in section 203B.24. If the certificate of voter
14.17eligibility is not printed on the return or administrative envelope, the certificate must
14.18be attached to the ballot secrecy envelope.
14.19    The absentee ballot board must immediately examine the return envelopes and mark
14.20them "accepted" or "rejected" during the 30 days before the election. If an envelope has
14.21been rejected at least five days before the election, the ballots in the envelope must be
14.22considered spoiled ballots and the official in charge of the absentee ballot board must
14.23provide the voter with a replacement absentee ballot and return envelope in place of
14.24the spoiled ballot.
14.25Except for federal write-in absentee ballots, the ballots from return envelopes
14.26marked "Accepted" must be opened, duplicated as needed in the manner provided by
14.27section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited
14.28in the appropriate ballot box. These duties must be performed by two members of the
14.29ballot board of different major political parties.
14.30Federal write-in absentee ballots marked "Accepted" must be opened, duplicated as
14.31needed in the manner provided by section 206.86, subdivision 5, initialed by the members
14.32of the ballot board, and deposited in the appropriate ballot box after 5:00 p.m. on the
14.33fourth day before the election, unless the voter has submitted another absentee ballot with
14.34a later postmark which has been accepted by the board.
15.1In all other respects, the provisions of the Minnesota Election Law governing
15.2deposit and counting of ballots apply.
15.3No vote totals from absentee ballots may be made public before the close of voting
15.4on election day.
15.5EFFECTIVE DATE.This section is not effective until the secretary of state has
15.6certified that the statewide voter registration system has been tested, shown to properly
15.7allow municipal clerks to update absentee voting records, and to be able to handle the
15.8expected volume of use.

15.9    Sec. 22. Minnesota Statutes 2008, section 203B.24, subdivision 1, is amended to read:
15.10    Subdivision 1. Check of voter eligibility; proper execution of certificate. Upon
15.11receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the
15.12election judges members of the ballot board shall compare the voter's name with the
15.13names recorded under section 203B.19 in the statewide registration system to insure
15.14that the ballot is from a voter eligible to cast an absentee ballot under sections 203B.16
15.15to 203B.27. The election judges Two members of the ballot board of different major
15.16political parties shall mark the return envelope "Accepted" and initial or sign the return
15.17envelope below the word "Accepted" if the election judges a majority of the members of
15.18the ballot board are satisfied that:
15.19    (1) the voter's name on the return envelope appears in substantially the same form as
15.20on the application records provided to the election judges by the county auditor;
15.21    (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
15.22the Help America Vote Act, Public Law 107-252;
15.23    (3) the voter has set forth the same voter's passport number, or Minnesota driver's
15.24license or state identification card number, or the last four digits of the voter's Social
15.25Security number as submitted on the application, if the voter has one of these documents;
15.26and
15.27    (4) the voter is not known to have died; and
15.28(5) the voter has not already voted at that election, either in person or by absentee
15.29ballot.
15.30    If the identification number described in clause (3) does not match the number
15.31as submitted on the application, the election judges members of the ballot board must
15.32make a reasonable effort to satisfy themselves through other information provided by the
15.33applicant, or by an individual authorized to apply on behalf of the voter, that the ballots
15.34were returned by the same person to whom the ballots were transmitted.
16.1    An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be
16.2rejected for the lack of one of clauses (1) to (4) (5). In particular, failure to place the
16.3ballot within the security envelope before placing it in the outer white envelope is not a
16.4reason to reject an absentee ballot.
16.5    Election judges Members of the ballot board must note the reason for rejection on
16.6the back of the envelope in the space provided for that purpose.
16.7    Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
16.8shall not be counted if the certificate on the return envelope is not properly executed. In
16.9all other respects the provisions of the Minnesota Election Law governing deposit and
16.10counting of ballots shall apply. Notwithstanding other provisions of this section, the
16.11counting of the absentee ballot of a deceased voter does not invalidate the election.
16.12EFFECTIVE DATE.This section is not effective until the secretary of state has
16.13certified that the statewide voter registration system has been tested, shown to properly
16.14allow municipal clerks to update absentee voting records, and to be able to handle the
16.15expected volume of use.

16.16    Sec. 23. Minnesota Statutes 2008, section 203B.26, is amended to read:
16.17203B.26 SEPARATE RECORD.
16.18    A separate record of the ballots of absent voters cast under sections 203B.16 to
16.19203B.27 must be generated from the statewide registration system for each precinct
16.20and provided to the election judges in the polling place on election day, along with the
16.21returned envelopes marked "accepted" by the absentee ballot board. The content of the
16.22record must be in a form prescribed by the secretary of state. The election judges in the
16.23polling place must note on the record any envelopes that had been marked "accepted" by
16.24the absentee ballot board but were not counted. The election judges must preserve the
16.25record and return it to the county auditor or municipal clerk with the election day retained
16.26with the other election materials.
16.27EFFECTIVE DATE.This section is not effective until the secretary of state has
16.28certified that the statewide voter registration system has been tested, shown to properly
16.29allow municipal clerks to update absentee voting records, and to be able to handle the
16.30expected volume of use.

16.31    Sec. 24. [203B.30] EARLY VOTING.
16.32Any eligible voter may vote in person before election day in the manner provided
16.33in sections 203B.31 to 203B.35.

16.34    Sec. 25. [203B.31] TIME PERIOD FOR EARLY VOTING.
17.1Early voting must be available to any eligible voter as provided in section 203B.32
17.2for every primary, general, and special election from 15 days before the election through
17.35:00 p.m. on the fourth day before the election. All voters in line at 5:00 p.m. on the
17.4fourth day before the election must be allowed to vote.

17.5    Sec. 26. [203B.32] HOURS FOR EARLY VOTING.
17.6Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on
17.7each weekday during the time period provided in section 203B.31; from 8:00 a.m. to
17.88:00 p.m. on at least one of those days; and from 10:00 a.m. to 3:00 p.m. on the second
17.9Saturday before the election.

17.10    Sec. 27. [203B.33] LOCATIONS FOR EARLY VOTING.
17.11(a) Early voting must be made available at a polling place designated in the county
17.12auditor's office, at the municipal clerk's office in every municipality that has been
17.13delegated the responsibility to administer absentee voting as provided in section 203B.05,
17.14and at any other location designated by the county auditor or municipal clerk at least 90
17.15days before the election. At least one voting station and one ballot marking device for
17.16disabled voters must be made available in each polling place.
17.17(b) The county auditor must make at least one ballot box available in each polling
17.18place. As soon as practicable following the public accuracy test, the county auditor must
17.19make an electronic ballot counter available.

17.20    Sec. 28. [203B.34] NOTICE TO VOTERS.
17.21The county auditor must prepare a notice to the voters of the days, times, and
17.22locations for early voting. This notice must be posted on the county's Web site and the
17.23Web site for each municipality in the county where an early voting location is designated
17.24for the election at least 14 days before the first day for early voting.

17.25    Sec. 29. [203B.35] PROCEDURES FOR EARLY VOTING.
17.26    Subdivision 1. Voting procedure. Each voter shall sign an early voting roster
17.27that includes the certification provided in section 204C.10. An individual who is not
17.28registered to vote must register in the manner provided in section 201.061, subdivision 3.
17.29After the voter has signed a roster, a member of the ballot board must provide a ballot
17.30to the voter. Ballots must be prepared and distributed by members of the ballot board in
17.31the manner provided in section 204C.09. The voter must mark the ballot and deposit it in
17.32either a precinct voting system or a sealed ballot box. A voter may not leave the polling
17.33place with the ballot.
18.1    Subd. 2. Processing of ballots. Ballots cast pursuant to sections 203B.30 to 203B.35
18.2must be processed and counted by a ballot board, and a record that voters who cast a ballot
18.3early have voted at the election must be created, as required in section 203B.121.

18.4    Sec. 30. Minnesota Statutes 2008, section 204B.45, subdivision 2, is amended to read:
18.5    Subd. 2. Procedure. Notice of the election and the special mail procedure must be
18.6given at least six weeks prior to the election. Not more than 30 days nor later than 14 days
18.7prior to the election, the auditor shall mail ballots by nonforwardable mail to all voters
18.8registered in the town or unorganized territory. No later than 14 days before the election,
18.9the auditor must make a subsequent mailing of ballots to those voters who register to vote
18.10after the initial mailing but before the 20th day before the election. Eligible voters not
18.11registered at the time the ballots are mailed may apply for ballots as provided in chapter
18.12203B. Ballot return envelopes, with return postage provided, must be preaddressed to the
18.13auditor or clerk and the voter may return the ballot by mail or in person to the office of
18.14the auditor or clerk. The auditor or clerk may must appoint election judges a ballot board
18.15to examine the return envelopes and mark them "accepted" or "rejected" during the 30
18.16days before the election. within three days of receipt if there are 14 or fewer days before
18.17election day, or within five days of receipt if there are more than 14 days before election
18.18day. The board may consist of staff trained as election judges, in which case, the board is
18.19exempt from sections 204B.19, subdivision 5, and 204C.15, relating to party balance in
18.20appointment of judges and to duties to be performed by judges or members of a ballot
18.21board of different major political parties. If an envelope has been rejected at least five days
18.22before the election, the ballots in the envelope must be considered spoiled ballots remain
18.23sealed and the auditor or clerk shall provide the voter with a replacement ballot and return
18.24envelope in place of the spoiled ballot. If the ballot is rejected within five days of the
18.25election, the envelope must remain sealed and the official in charge of the ballot board must
18.26attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot
18.27has been rejected. The official must document the attempts made to contact the voter.
18.28Notwithstanding any rule to the contrary, the ballots from return envelopes marked
18.29"Accepted" must be promptly opened, duplicated as needed in the manner provided by
18.30section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited
18.31in the ballot box. These duties must be performed by two members of the ballot board of
18.32different major political parties.
18.33In all other respects, the provisions of the Minnesota Election Law governing
18.34deposit and counting of ballots apply.
19.1No vote totals from mail or absentee ballots may be made public before the close
19.2of voting on election day.
19.3The costs of the mailing shall be paid by the election jurisdiction in which the voter
19.4resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
19.5EFFECTIVE DATE.This section is not effective until the secretary of state has
19.6certified that the statewide voter registration system has been tested, shown to properly
19.7allow municipal clerks to update absentee voting records, and to be able to handle the
19.8expected volume of use.

19.9    Sec. 31. Minnesota Statutes 2008, section 204B.46, is amended to read:
19.10204B.46 MAIL ELECTIONS; QUESTIONS.
19.11    A county, municipality, or school district submitting questions to the voters at a
19.12special election may conduct an election by mail with no polling place other than the
19.13office of the auditor or clerk. No more than two questions may be submitted at a mail
19.14election and no offices may be voted on. Notice of the election must be given to the county
19.15auditor at least 53 days prior to the election. This notice shall also fulfill the requirements
19.16of Minnesota Rules, part 8210.3000. The special mail ballot procedures must be posted at
19.17least six weeks prior to the election. No earlier than 20 or 30 nor later than 14 days prior
19.18to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters
19.19registered in the county, municipality, or school district. No later than 14 days before the
19.20election, the auditor or clerk must make a subsequent mailing of ballots to those voters
19.21who register to vote after the initial mailing but before the 20th day before the election.
19.22Eligible voters not registered at the time the ballots are mailed may apply for ballots
19.23pursuant to chapter 203B. The auditor or clerk must appoint a ballot board to examine the
19.24return envelopes and mark them "Accepted" or "Rejected" within three days of receipt
19.25if there are 14 or fewer days before election day, or within five days of receipt if there
19.26are more than 14 days before election day. The board may consist of staff trained as
19.27election judges, in which case, the board is exempt from sections 204B.19, subdivision
19.285, and 204C.15, relating to party balance in appointment of judges and to duties to be
19.29performed by judges or members of a ballot board of different major political parties. If an
19.30envelope has been rejected at least five days before the election, the ballots in the envelope
19.31must remain sealed and the auditor or clerk must provide the voter with a replacement
19.32ballot and return envelope in place of the spoiled ballot. If the ballot is rejected within
19.33five days of the election, the envelope must remain sealed and the official in charge of
19.34the ballot board must attempt to contact the voter by telephone or e-mail to notify the
20.1voter that the voter's ballot has been rejected. The official must document the attempts
20.2made to contact the voter.
20.3Notwithstanding any rule to the contrary, the ballots from return envelopes marked
20.4"Accepted" must be promptly opened, duplicated as needed in the manner provided
20.5by section 206.86, subdivision 5, initialed by the ballot board, and deposited in the
20.6appropriate ballot box. These duties must be performed by two members of the ballot
20.7board of different major political parties.
20.8In all other respects, the provisions of the Minnesota Election Law governing
20.9deposit and counting of ballots apply.
20.10No vote totals from mail ballots may be made public before the close of voting
20.11on election day.
20.12EFFECTIVE DATE.This section is not effective until the secretary of state has
20.13certified that the statewide voter registration system has been tested, shown to properly
20.14allow municipal clerks to update absentee voting records, and to be able to handle the
20.15expected volume of use.

20.16    Sec. 32. Minnesota Statutes 2008, section 204C.10, is amended to read:
20.17204C.10 PERMANENT REGISTRATION; VERIFICATION OF
20.18REGISTRATION.
20.19(a) An individual seeking to vote shall sign a polling place roster which states
20.20that the individual is at least 18 years of age, a citizen of the United States, has resided
20.21in Minnesota for 20 days immediately preceding the election, maintains residence at
20.22the address shown, is not under a guardianship in which the court order revokes the
20.23individual's right to vote, has not been found by a court of law to be legally incompetent
20.24to vote or has the right to vote because, if the individual was convicted of a felony, the
20.25felony sentence has expired or been completed or the individual has been discharged from
20.26the sentence, is registered and has not already voted in the election. The roster must also
20.27state: ". The polling place roster must state: "I certify that I have not already voted in
20.28this election. I certify that I am at least 18 years of age and a citizen of the United States;
20.29that I reside at the address shown and have resided in Minnesota for 20 days immediately
20.30preceding this election; that I am not under guardianship of the person in which the court
20.31order revokes my right to vote, have not been found by a court to be legally incompetent
20.32to vote, and that if convicted of a felony, my felony sentence has expired (been completed)
20.33or I have been discharged from my sentence; and that I am registered and will be voting
20.34only in this precinct. I understand that deliberately providing false information is a felony
20.35punishable by not more than five years imprisonment and a fine of not more than $10,000,
21.1or both." The words "I have not already voted in this election" and "I understand that
21.2providing false information is a felony" must be in bold type.
21.3(b) An individual voting early under sections 203B.30 to 203B.35 must sign a
21.4roster that meets the additional requirements of this paragraph. In addition to the content
21.5required under paragraph (a), the roster must also state in bold type: "I understand that
21.6after I have cast my ballot today, I cannot vote again in this election."
21.7(c) A judge may, before the applicant signs the roster, confirm the applicant's name,
21.8address, and date of birth. If the ballot board has not marked the roster in accordance with
21.9section 203B.121, the election judge must review the supplemental list of those who have
21.10already voted to ensure that the voter's name is not on the list. If a voter's name is on the
21.11list, the voter must not be allowed to sign the roster or to vote on election day.
21.12(c) (d) After the applicant signs the roster, the judge shall give the applicant a voter's
21.13receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof
21.14of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The
21.15voters' receipts must be maintained during the time for notice of filing an election contest.
21.16EFFECTIVE DATE.This section is not effective until the secretary of state has
21.17certified that the statewide voter registration system has been tested, shown to properly
21.18allow municipal clerks to update absentee voting records, and to be able to handle the
21.19expected volume of use.

21.20    Sec. 33. Minnesota Statutes 2008, section 204C.13, subdivision 6, is amended to read:
21.21    Subd. 6. Challenge of voter; time limits; disposition of ballots. At any time
21.22before the ballots of any voter are deposited in the ballot boxes, the election judges or any
21.23individual who was not present at the time the voter procured the ballots, but not otherwise,
21.24may challenge the eligibility of that voter and the deposit of any received absentee ballots
21.25in the ballot boxes. The election judges shall determine the eligibility of any voter who is
21.26present in the polling place in the manner provided in section 204C.12, and if the voter is
21.27found to be not eligible to vote, shall place the ballots of that voter unopened among the
21.28spoiled ballots. The election judges shall determine whether to receive or reject the ballots
21.29of an absent voter and whether to deposit received absentee ballots in the ballot boxes in
21.30the manner provided in sections 203B.12, 203B.24, and 203B.25, and shall dispose of any
21.31absentee ballots not received or deposited in the manner provided in section 203B.12. A
21.32violation of this subdivision by an election judge is a gross misdemeanor.
21.33EFFECTIVE DATE.This section is not effective until the secretary of state has
21.34certified that the statewide voter registration system has been tested, shown to properly
22.1allow municipal clerks to update absentee voting records, and to be able to handle the
22.2expected volume of use.

22.3    Sec. 34. Minnesota Statutes 2008, section 204C.13, subdivision 6, is amended to read:
22.4    Subd. 6. Challenge of voter; time limits; disposition of ballots. At any time
22.5before the ballots of any voter are deposited in the ballot boxes, the election judges or
22.6any individual who was not present at the time the voter procured the ballots, but not
22.7otherwise, may challenge the eligibility of that voter and the deposit of any received
22.8absentee ballots in the ballot boxes. The election judges shall determine the eligibility of
22.9any voter who is present in the polling place in the manner provided in section 204C.12,
22.10and if the voter is found to be not eligible to vote, shall place the ballots of that voter
22.11unopened among the spoiled ballots. The election judges shall determine whether to
22.12receive or reject the ballots of an absent voter and whether to deposit received absentee
22.13ballots in the ballot boxes in the manner provided in sections 203B.12 203B.121, 203B.24,
22.14and 203B.25, and shall dispose of any absentee ballots not received or deposited in the
22.15manner provided in section 203B.12 203B.121. A violation of this subdivision by an
22.16election judge is a gross misdemeanor.

22.17    Sec. 35. Minnesota Statutes 2008, section 204C.27, is amended to read:
22.18204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
22.19    Subdivision 1. Election supplies. One or more of the election judges in each
22.20precinct shall deliver two sets of summary statements; all spoiled white, pink, canary, and
22.21gray ballots; and the envelopes containing the white, pink, canary, and gray ballots either
22.22directly to the municipal clerk for transmittal to the county auditor's office or directly to
22.23the county auditor's office as soon as possible after the vote counting is completed but
22.24no later than 24 hours after the end of the hours for voting. One or more election judges
22.25shall deliver the remaining set of summary statements and returns, all unused and spoiled
22.26municipal and school district ballots, the envelopes containing municipal and school
22.27district ballots, and all other things furnished by the municipal or school district clerk, to
22.28the municipal or school district clerk's office within 24 hours after the end of the hours
22.29for voting. The municipal or school district clerk shall return all polling place rosters and
22.30completed voter registration cards to the county auditor within 48 hours after the end
22.31of the hours for voting.
22.32    Subd. 2. Rejected absentee ballots. All absentee ballots that were rejected and
22.33their accompanying absentee ballot applications must be delivered to the county auditor
22.34within 48 hours after the end of the hours for voting.

23.1    Sec. 36. Minnesota Statutes 2008, section 204C.30, is amended by adding a
23.2subdivision to read:
23.3    Subd. 3. Review of rejected absentee ballots. Prior to the meeting of the county
23.4canvassing board to canvass the results of the state general election, the county auditor
23.5must review any absentee ballots that were marked rejected to determine whether any
23.6were rejected in error. If the county canvassing board agrees that any ballots were rejected
23.7in error, the board must publicly open the return and ballot envelopes and initial and
23.8count the ballots to include the votes in all races in the results canvassed by the board.
23.9The county canvassing board must protect the privacy of voters' choices to the extent
23.10practicable. Except as provided in this subdivision, a rejected absentee ballot may not be
23.11reviewed outside of an election contest under chapter 209.

23.12    Sec. 37. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
23.13    Subdivision 1. County canvass. The county canvassing board shall meet at the
23.14county auditor's office on or before the seventh day between the third and tenth days
23.15following the state general election. After taking the oath of office, the board shall
23.16promptly and publicly canvass the general election returns delivered to the county auditor.
23.17Upon completion of the canvass, the board shall promptly prepare and file with the county
23.18auditor a report which states:
23.19(a) the number of individuals voting at the election in the county and in each precinct;
23.20(b) the number of individuals registering to vote on election day and the number of
23.21individuals registered before election day in each precinct;
23.22(c) the names of the candidates for each office and the number of votes received
23.23by each candidate in the county and in each precinct, including write-in candidates for
23.24state and federal office who have requested under section 204B.09 that votes for those
23.25candidates be tallied;
23.26(d) the number of votes counted for and against a proposed change of county lines
23.27or county seat; and
23.28(e) the number of votes counted for and against a constitutional amendment or other
23.29question in the county and in each precinct.
23.30The result of write-in votes cast on the general election ballots must be compiled by
23.31the county auditor before the county canvass, except that write-in votes for a candidate
23.32for state or federal office must not be counted unless the candidate has timely filed a
23.33request under section 204B.09, subdivision 3. The county auditor shall arrange for each
23.34municipality to provide an adequate number of election judges to perform this duty or
23.35the county auditor may appoint additional election judges for this purpose. The county
24.1auditor may open the envelopes or containers in which the voted ballots have been
24.2sealed in order to count and record the write-in votes and must reseal the voted ballots
24.3at the conclusion of this process.
24.4Upon completion of the canvass, the county canvassing board shall declare the
24.5candidate duly elected who received the highest number of votes for each county and state
24.6office voted for only within the county. The county auditor shall transmit one of the
24.7certified copies of the county canvassing board report for state and federal offices to the
24.8secretary of state by express mail or similar service immediately upon conclusion of
24.9the county canvass.

24.10    Sec. 38. Minnesota Statutes 2008, section 204C.33, subdivision 3, is amended to read:
24.11    Subd. 3. State canvass. The State Canvassing Board shall meet at the secretary of
24.12state's office on the second third Tuesday following the state general election to canvass
24.13the certified copies of the county canvassing board reports received from the county
24.14auditors and shall prepare a report that states:
24.15(a) the number of individuals voting in the state and in each county;
24.16(b) the number of votes received by each of the candidates, specifying the counties
24.17in which they were cast; and
24.18(c) the number of votes counted for and against each constitutional amendment,
24.19specifying the counties in which they were cast.
24.20All members of the State Canvassing Board shall sign the report and certify its
24.21correctness. The State Canvassing Board shall declare the result within three days after
24.22completing the canvass.

24.23    Sec. 39. Minnesota Statutes 2008, section 205.185, subdivision 3, is amended to read:
24.24    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. (a)
24.25Within seven Between 11 and 17 days after an election, a state general election, and within
24.2617 days after any other election, the governing body of a city conducting any election
24.27including a special municipal election, or the governing body of a town conducting the
24.28general election in November shall act as the canvassing board, canvass the returns, and
24.29declare the results of the election. The governing body of a town conducting the general
24.30election in March shall act as the canvassing board, canvass the returns, and declare the
24.31results of the election within two days after an election.
24.32(b) After the time for contesting elections has passed, the municipal clerk shall issue a
24.33certificate of election to each successful candidate. In case of a contest, the certificate shall
24.34not be issued until the outcome of the contest has been determined by the proper court.
25.1(c) In case of a tie vote, the canvassing board having jurisdiction over the
25.2municipality shall determine the result by lot. The clerk of the canvassing board shall
25.3certify the results of the election to the county auditor, and the clerk shall be the final
25.4custodian of the ballots and the returns of the election.

25.5    Sec. 40. Minnesota Statutes 2008, section 205.185, is amended by adding a subdivision
25.6to read:
25.7    Subd. 5. Review of rejected absentee ballots. Prior to an election not held
25.8in conjunction with a state election, a clerk may arrange to have a certified election
25.9administrator from a county or another city review all ballots that were marked rejected to
25.10determine whether any were rejected in error. These arrangements must be made at least
25.11seven days before the date of the election. If no arrangements are made, rejected absentee
25.12ballots must not be reviewed outside of an election contest under chapter 209. If the
25.13certified election administrator determines that any were rejected in error, the canvassing
25.14board must publicly open the return and ballot envelopes and initial and count the ballots
25.15to include the votes in all races in the results canvassed by the board. The canvassing board
25.16must protect the privacy of the voters' choices to the extent practicable. If the number of
25.17rejected absentee ballots could not possibly change the outcome in any of the elections or
25.18questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.

25.19    Sec. 41. Minnesota Statutes 2008, section 205A.10, subdivision 2, is amended to read:
25.20    Subd. 2. Election, conduct. A school district election must be by secret ballot and
25.21must be held and the returns made in the manner provided for the state general election, as
25.22far as practicable. The vote totals from an absentee a ballot board established pursuant
25.23to section 203B.13 203B.121 may be tabulated and reported by the school district as a
25.24whole rather than by precinct. For school district elections not held in conjunction with a
25.25statewide election, the school board shall appoint election judges as provided in section
25.26204B.21, subdivision 2 . The provisions of sections 204B.19, subdivision 5; 204B.21,
25.27subdivision 2 ; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
25.28balance in appointment of judges and to duties to be performed by judges of different
25.29major political parties do not apply to school district elections not held in conjunction
25.30with a statewide election.
25.31EFFECTIVE DATE.This section is not effective until the secretary of state has
25.32certified that the statewide voter registration system has been tested, shown to properly
25.33allow municipal clerks to update absentee voting records, and to be able to handle the
25.34expected volume of use.

26.1    Sec. 42. Minnesota Statutes 2008, section 205A.10, subdivision 3, is amended to read:
26.2    Subd. 3. Canvass of returns, certificate of election, ballots, disposition. Within
26.3seven Between 11 and 17 days after a school district election held concurrently with a
26.4state general election, and within seven days after a school district election held on any
26.5other date, other than a recount of a special election conducted under section 126C.17,
26.6subdivision 9 , or 475.59, the school board shall canvass the returns and declare the
26.7results of the election. After the time for contesting elections has passed, the school
26.8district clerk shall issue a certificate of election to each successful candidate. If there is a
26.9contest, the certificate of election to that office must not be issued until the outcome of the
26.10contest has been determined by the proper court. If there is a tie vote, the school board
26.11shall determine the result by lot. The clerk shall deliver the certificate of election to the
26.12successful candidate by personal service or certified mail. The successful candidate shall
26.13file an acceptance and oath of office in writing with the clerk within 30 days of the date
26.14of mailing or personal service. A person who fails to qualify prior to the time specified
26.15shall be deemed to have refused to serve, but that filing may be made at any time before
26.16action to fill the vacancy has been taken. The school district clerk shall certify the results
26.17of the election to the county auditor, and the clerk shall be the final custodian of the ballots
26.18and the returns of the election.
26.19A school district canvassing board shall perform the duties of the school board
26.20according to the requirements of this subdivision for a recount of a special election
26.21conducted under section 126C.17, subdivision 9, or 475.59.

26.22    Sec. 43. Minnesota Statutes 2008, section 205A.10, is amended by adding a
26.23subdivision to read:
26.24    Subd. 6. Review of rejected absentee ballots. Prior to an election not held
26.25in conjunction with a state election, a clerk may arrange to have a certified election
26.26administrator from a county or another city review all ballots that were marked rejected to
26.27determine whether any were rejected in error. These arrangements must be made at least
26.28seven days before the date of the election. If no arrangements are made, rejected absentee
26.29ballots must not be reviewed outside of an election contest under chapter 209. If the
26.30certified election administrator determines that any were rejected in error, the canvassing
26.31board must publicly open the return and ballot envelopes and initial and count the ballots
26.32to include the votes in all races in the results canvassed by the board. The canvassing board
26.33must protect the privacy of the voters' choices to the extent practicable. If the number of
26.34rejected absentee ballots could not possibly change the outcome in any of the elections or
26.35questions on the ballot, the clerk may cancel the review of the rejected absentee ballots.

27.1    Sec. 44. Minnesota Statutes 2008, section 206.83, is amended to read:
27.2206.83 TESTING OF VOTING SYSTEMS.
27.3Within 14 days before election day, The official in charge of elections shall have
27.4the voting system tested to ascertain that the system will correctly mark ballots using all
27.5methods supported by the system, including through assistive technology, and count the
27.6votes cast for all candidates and on all questions. Public notice of the time and place of the
27.7test must be given at least two days in advance by publication once in official newspapers.
27.8The test must be observed by at least two election judges, who are not of the same major
27.9political party, and must be open to representatives of the political parties, candidates, the
27.10press, and the public. The test must be conducted by (1) processing a preaudited group
27.11of ballots punched or marked to record a predetermined number of valid votes for each
27.12candidate and on each question, and must include for each office one or more ballot cards
27.13which have votes in excess of the number allowed by law in order to test the ability of
27.14the voting system tabulator and electronic ballot marker to reject those votes; and (2)
27.15processing an additional test deck of ballots marked using the electronic ballot marker
27.16for the precinct, including ballots marked using the electronic ballot display, audio ballot
27.17reader, and any assistive voting technology used with the electronic ballot marker. If any
27.18error is detected, the cause must be ascertained and corrected and an errorless count must
27.19be made before the voting system may be used in the election. After the completion of
27.20the test, the programs used and ballot cards must be sealed, retained, and disposed of as
27.21provided for paper ballots.
27.22Testing of equipment used for early voting must be conducted as soon as practicable
27.23after the equipment has been programmed. Testing of equipment used on the day of the
27.24election must be conducted within the 14 days before election day.

27.25    Sec. 45. Minnesota Statutes 2008, section 206.89, subdivision 2, is amended to read:
27.26    Subd. 2. Selection for review; notice. At the canvass of the state primary, the
27.27county canvassing board in each county must set the date, time, and place for the
27.28postelection review of the state general election to be held under this section.
27.29    At the canvass of the state general election, the county canvassing boards must select
27.30the precincts to be reviewed by lot. Ballots counted centrally by a ballot board shall be
27.31considered one precinct eligible to be selected for purposes of this subdivision. The county
27.32canvassing board of a county with fewer than 50,000 registered voters must conduct a
27.33postelection review of a total of at least two precincts. The county canvassing board of a
27.34county with between 50,000 and 100,000 registered voters must conduct a review of a total
27.35of at least three precincts. The county canvassing board of a county with over 100,000
28.1registered voters must conduct a review of a total of at least four precincts, or three percent
28.2of the total number of precincts in the county, whichever is greater. At least one precinct
28.3selected in each county must have had more than 150 votes cast at the general election.
28.4    The county auditor must notify the secretary of state of the precincts that have been
28.5chosen for review and the time and place the postelection review for that county will be
28.6conducted, as soon as the decisions are made. If the selection of precincts has not resulted
28.7in the selection of at least four precincts in each congressional district, the secretary of state
28.8may require counties to select by lot additional precincts to meet the congressional district
28.9requirement. The secretary of state must post this information on the office Web site.

28.10    Sec. 46. Minnesota Statutes 2008, section 208.05, is amended to read:
28.11208.05 STATE CANVASSING BOARD.
28.12The State Canvassing Board at its meeting on the second Tuesday after each state
28.13general election date provided in section 204C.33 shall open and canvass the returns
28.14made to the secretary of state for presidential electors and alternates, prepare a statement
28.15of the number of votes cast for the persons receiving votes for these offices, and declare
28.16the person or persons receiving the highest number of votes for each office duly elected.
28.17When it appears that more than the number of persons to be elected as presidential electors
28.18or alternates have the highest and an equal number of votes, the secretary of state, in the
28.19presence of the board shall decide by lot which of the persons shall be declared elected.
28.20The governor shall transmit to each person declared elected a certificate of election, signed
28.21by the governor, sealed with the state seal, and countersigned by the secretary of state.

28.22    Sec. 47. REPEALER.
28.23Minnesota Statutes 2008, sections 203B.04, subdivision 5; 203B.10; 203B.11,
28.24subdivision 2; 203B.12; 203B.13; and 203B.25, are repealed.
28.25EFFECTIVE DATE.This section is not effective until the secretary of state has
28.26certified that the statewide voter registration system has been tested, shown to properly
28.27allow municipal clerks to update absentee voting records, and to be able to handle the
28.28expected volume of use.

28.29    Sec. 48. EFFECTIVE DATE; APPLICABILITY.
28.30The provisions of this article related to early voting are effective when the secretary
28.31of state has certified that:
28.32(1) the statewide voter registration system has been tested, shown to properly allow
28.33for the tracking of the information required to conduct early voting, and can handle the
28.34expected volume of use; and
29.1(2) voting equipment that can tabulate at least 30 different ballot styles has been
29.2certified for use in this state. Upon certification pursuant to this paragraph, the provisions
29.3of this article related to early voting apply to all federal, state, county, and city elections
29.4held on September 1, 2010, and thereafter, and to all other elections held on January 1,
29.52014, and thereafter. A jurisdiction may implement the requirements of this chapter prior
29.6to the date provided in this paragraph, if the secretary of state has made the required
29.7certifications at least 90 days prior to the date of the election at which early voting will
29.8be used.


29.11    Section 1. Minnesota Statutes 2008, section 201.016, subdivision 1a, is amended to
29.12read:
29.13    Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice
29.14to any voter who the county auditor can determine has voted: (1) provided the address at
29.15which the voter maintains residence, but was allowed to vote in a precinct other than the
29.16precinct in which the voter maintains residence; and (2) not voted in the wrong precinct
29.17previously. The notice must be in the form provided by the secretary of state.
29.18(b) The county auditor shall mail a violation notice to any voter who otherwise voted
29.19in a precinct in which the voter did not maintain residence on election day. The county
29.20auditor shall also change the status of the voter in the statewide registration system to
29.21"challenged" and the voter shall be required to provide proof of residence to either the
29.22county auditor or to the election judges in the voter's precinct before voting in the next
29.23election. Any of the forms authorized by section 201.061 for registration at the polling
29.24place may be used for this purpose.
29.25(b) (c) A voter who votes in a precinct other than the precinct in which the
29.26voter maintains residence after receiving an initial violation notice as provided in this
29.27subdivision is guilty of a petty misdemeanor.
29.28(c) (d) A voter who votes in a precinct other than the precinct in which the voter
29.29maintains residence after having been found to have committed a petty misdemeanor
29.30under paragraph (b) is guilty of a misdemeanor.
29.31(d) (e) Reliance by the voter on inaccurate information regarding the location of
29.32the voter's polling place provided by the state, county, or municipality is an affirmative
29.33defense to a prosecution under this subdivision.

29.34    Sec. 2. Minnesota Statutes 2008, section 201.016, subdivision 2, is amended to read:
30.1    Subd. 2. Duration of residence. The governing body of any city by resolution may
30.2require an eligible voter to maintain residence in a precinct for a period of 30 days prior
30.3to voting on any question affecting only that precinct or voting to elect public officials
30.4representing only that precinct. The governing body of any town by resolution may
30.5require an eligible voter to maintain residence in that town for a period of 30 days prior
30.6to voting in a town election. The school board of any school district by resolution may
30.7require an eligible voter to maintain residence in that school district for a period of 30 days
30.8prior to voting in a school district election. If a political boundary, including a precinct,
30.9municipal, or school district boundary, is redrawn within the 30 days prior to an election
30.10in a manner that places an eligible voter in a new jurisdiction and the eligible voter has
30.11not changed residence during the 30 days prior to the election, the eligible voter meets
30.12any residency requirement imposed under this subdivision.

30.13    Sec. 3. Minnesota Statutes 2008, section 201.056, is amended to read:
30.14201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
30.15    An individual who is unable to write the individual's name shall be required to sign
30.16a registration application in the manner provided by section 645.44, subdivision 14. If
30.17the individual registers in person and signs by making a mark, the clerk or election judge
30.18accepting the registration shall certify the mark by signing the individual's name. If the
30.19individual registers by mail and signs by making a mark, the mark shall be certified by
30.20having a voter registered in the individual's precinct sign the individual's name and the
30.21voter's own name and give the voter's own address. An individual who has power of
30.22attorney for another person may not sign election-related documents for that person,
30.23except as provided by this section.

30.24    Sec. 4. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
30.25    Subdivision 1. Prior to election day. At any time except during the 20 days
30.26immediately preceding any regularly scheduled election, an eligible voter or any
30.27individual who will be an eligible voter at the time of the next election may register to vote
30.28in the precinct in which the voter maintains residence by completing a voter registration
30.29application as described in section 201.071, subdivision 1, and submitting it in person
30.30or by mail to the county auditor of that county or to the Secretary of State's Office.
30.31A registration that is received no later than 5:00 p.m. on the 21st day preceding any
30.32election shall be accepted. An improperly addressed or delivered registration application
30.33shall be forwarded within two working days after receipt to the county auditor of the
30.34county where the voter maintains residence. A state or local agency or an individual that
30.35accepts completed voter registration applications from a voter must submit the completed
31.1applications to the secretary of state or the appropriate county auditor within ten business
31.2days after the applications are dated by the voter.
31.3For purposes of this section, mail registration is defined as a voter registration
31.4application delivered to the secretary of state, county auditor, or municipal clerk by the
31.5United States Postal Service or a commercial carrier.

31.6    Sec. 5. Minnesota Statutes 2008, section 201.11, is amended to read:
31.7201.11 PRECINCT BOUNDARIES; HOUSE NUMBER; STREET
31.8ADDRESSES CHANGED, CHANGE OF FILES.
31.9    Subdivision 1. Precinct boundaries changed. When the boundaries of a precinct
31.10are changed, the county auditor shall immediately update the voter records for that
31.11precinct in the statewide voter registration system to accurately reflect those changes.
31.12    Subd. 2. House number or street address changed. If a municipality
31.13administratively changes the number or name of a street address of an existing residence,
31.14the municipal clerk shall promptly notify the county auditor and the county auditor
31.15shall immediately update the voter records of registered voters in the statewide voter
31.16registration system to accurately reflect that change. A municipality must not make a
31.17change to the number or name of a street address of an existing residence effective during
31.18the 45 days prior to any election in a jurisdiction which includes the affected residence.

31.19    Sec. 6. Minnesota Statutes 2008, section 201.12, is amended to read:
31.20201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
31.21CHALLENGES.
31.22    Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate
31.23excess names, the county auditor may mail to any registered voter a notice stating the
31.24voter's name and address as they appear in the registration files. The notice shall request
31.25the voter to notify the county auditor if there is any mistake in the information.
31.26    Subd. 2. Moved within state. If any nonforwardable mailing from an election
31.27official is returned as undeliverable but with a permanent forwarding address in this state,
31.28the county auditor may change the voter's status to "inactive" in the statewide registration
31.29system and shall notify transmit a copy of the mailing to the auditor of the county in which
31.30the new address is located. Upon receipt of the notice, If an election is scheduled to occur
31.31in the precinct in which the voter resides in the next 47 days, the county auditor shall
31.32promptly update the voter's address in the statewide voter registration system and. If there
31.33is not an election scheduled, the auditor may wait to update the voter's address until after
31.34the next list of address changes is received from the secretary of state. Once updated, the
32.1county auditor shall mail to the voter a notice stating the voter's name, address, precinct,
32.2and polling place. The notice must advise the voter that the voter's voting address has
32.3been changed and that the voter must notify the county auditor within 21 days if the
32.4new address is not the voter's address of residence. The notice must state that it must be
32.5returned if it is not deliverable to the voter at the named address.
32.6    Subd. 3. Moved out of state. If any nonforwardable mailing from an election
32.7official is returned as undeliverable but with a permanent forwarding address outside this
32.8state, the county auditor shall promptly mail to the voter at the voter's new address a notice
32.9advising the voter that the voter's status in the statewide voter registration system will be
32.10changed to "inactive" unless the voter notifies the county auditor within 21 days that the
32.11voter is retaining the former address as the voter's address of residence. If the notice is
32.12not received by the deadline, the county auditor shall change the voter's status shall be
32.13changed to "inactive" in the statewide voter registration system.
32.14    Subd. 4. Challenges. If any nonforwardable mailing from an election official
32.15is returned as undeliverable but with no forwarding address, the county auditor shall
32.16change the registrant's status to "challenged" in the statewide voter registration system.
32.17An individual challenged in accordance with this subdivision shall comply with the
32.18provisions of section 204C.12, before being allowed to vote. If a notice mailed at least
32.1960 days after the return of the first nonforwardable mailing is also returned by the postal
32.20service, the county auditor shall change the registrant's status to "inactive" in the statewide
32.21voter registration system.
32.22EFFECTIVE DATE.This section is effective the day following final enactment.

32.23    Sec. 7. Minnesota Statutes 2008, section 201.13, is amended to read:
32.24201.13 REPORT OF DECEASED VOTERS; CHANGES TO VOTER
32.25RECORDS.
32.26    Subdivision 1. Commissioner of health; reports of deceased residents. Pursuant
32.27to the Help America Vote Act of 2002, Public Law 107-252, the commissioner of health
32.28shall report monthly by electronic means to the secretary of state the name, address, date
32.29of birth, and county of residence of each individual 18 years of age or older who has died
32.30while maintaining residence in Minnesota since the last previous report. The secretary of
32.31state shall determine if any of the persons listed in the report are registered to vote and
32.32shall prepare a list of those registrants for each county auditor. Within 60 days after
32.33receiving the list from the secretary of state, the county auditor shall change the status of
32.34those registrants to "deceased" in the statewide voter registration system.
33.1    Subd. 2. Deceased nonresidents. After receiving notice of death of a voter who has
33.2died outside the county, the county auditor shall change the voter's status to "deceased."
33.3Notice must be in the form of a printed obituary or a written statement signed by a
33.4registered voter of the county.
33.5    Subd. 3. Use of change of address system. (a) At least once each month the
33.6secretary of state shall obtain a list of individuals registered to vote in this state who have
33.7filed with the United States Postal Service a change of their permanent address. However,
33.8the secretary of state shall not obtain this list within the 47 days before the state primary or
33.947 days before a November general election.
33.10(b) If the address is changed to another address in this state, the secretary of state
33.11shall locate the precinct in which the voter resides, if possible. If the secretary of state
33.12is able to locate the precinct in which the voter resides, the secretary must transmit the
33.13information about the changed address by electronic means to the county auditor of the
33.14county in which the new address is located. As long as the voter has not voted or submitted
33.15a voter registration application since the address change, upon receipt of the information,
33.16the county auditor shall update the voter's address in the statewide voter registration
33.17system and. The county auditor shall mail to the voter a notice stating the voter's name,
33.18address, precinct, and polling place, unless the voter's record is challenged due to a felony
33.19conviction, noncitizenship, name change, incompetence, or a court's revocation of voting
33.20rights of individuals under guardianship, in which case a notice shall not be mailed. The
33.21notice must advise the voter that the voter's voting address has been changed and that the
33.22voter must notify the county auditor within 21 days if the new address is not the voter's
33.23address of residence. The notice must state that it must be returned if it is not deliverable
33.24to the voter at the named address.
33.25    (b) (c) If the change of permanent address is to an address outside this state, the
33.26secretary of state shall notify by electronic means the auditor of the county where the voter
33.27formerly resided that the voter has moved to another state. As long as the voter has not
33.28voted or submitted a voter registration application since the address change, the county
33.29auditor shall promptly mail to the voter at the voter's new address a notice advising the
33.30voter that the voter's status in the statewide voter registration system will be changed
33.31to "inactive" unless the voter notifies the county auditor within 21 days that the voter
33.32is retaining the former address as the voter's address of residence, except that if the
33.33voter's record is challenged due to a felony conviction, noncitizenship, name change,
33.34incompetence, or a court's revocation of voting rights of individuals under guardianship, a
33.35notice must not be mailed. If the notice is not received by the deadline, the county auditor
33.36shall change the voter's status to "inactive" in the statewide voter registration system.
34.1    Subd. 4. Request for removal of voter record. If a voter makes a written request
34.2for removal of the voter's record, the county auditor shall remove the record of the voter
34.3from the statewide voter registration system.
34.4EFFECTIVE DATE.This section is effective the day following final enactment.

34.5    Sec. 8. Minnesota Statutes 2008, section 202A.14, subdivision 3, is amended to read:
34.6    Subd. 3. Notice. The county or legislative district chair shall give at least six days'
34.7published notice of the holding of the precinct caucus, stating the place, date, and time for
34.8holding the caucus, and. The state party chair shall deliver the same information to the
34.9municipal clerk and county auditor secretary of state in an electronic format designated
34.10by the secretary of state at least 20 30 days before the precinct caucus. The county
34.11auditor secretary of state shall make this information available in electronic format via
34.12the secretary of state Web site at least ten days before the date of the caucuses to persons
34.13who request it.

34.14    Sec. 9. Minnesota Statutes 2008, section 204B.09, subdivision 3, is amended to read:
34.15    Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
34.16who wants write-in votes for the candidate to be counted must file a written request with
34.17the filing office for the office sought no later than the seventh day before the general
34.18election. The filing officer shall provide copies of the form to make the request.
34.19    (b) A candidate for president of the United States who files a request under this
34.20subdivision must include the name of a candidate for vice-president of the United States.
34.21The request must also include the name of at least one candidate for presidential elector.
34.22The total number of names of candidates for presidential elector on the request may not
34.23exceed the total number of electoral votes to be cast by Minnesota in the presidential
34.24election.
34.25    (c) A candidate for governor who files a request under this subdivision must include
34.26the name of a candidate for lieutenant governor.
34.27(d) A candidate who files a request under this subdivision must also pay the filing
34.28fee for that office or submit a petition in place of a filing fee, as provided in section
34.29204B.11. The fee for a candidate for president of the United States is equal to that of
34.30the office of senator in Congress.

34.31    Sec. 10. Minnesota Statutes 2008, section 204B.14, subdivision 4, is amended to read:
34.32    Subd. 4. Administrative boundary change procedure. Any change in the
34.33boundary of an election precinct shall must be adopted at least 90 days before the date
34.34of the next election and, for the state primary and general election, no later than June 1
35.1in the year of the state general election. The precinct boundary change shall not take
35.2effect until notice of the change has been posted in the office of the municipal clerk or
35.3county auditor for at least 60 days.
35.4The county auditor must publish a notice illustrating or describing the congressional,
35.5legislative, and county commissioner district boundaries in the county in one or more
35.6qualified newspapers in the county at least 14 days prior to the first day to file affidavits of
35.7candidacy for the state general election in the year ending in two.
35.8Alternate dates for adopting changes in precinct boundaries, posting notices
35.9of boundary changes, and notifying voters affected by boundary changes pursuant
35.10to this subdivision, and procedures for coordinating precinct boundary changes with
35.11reestablishing local government election district boundaries may be established in the
35.12manner provided in the rules of the secretary of state.

35.13    Sec. 11. Minnesota Statutes 2008, section 204B.14, is amended by adding a subdivision
35.14to read:
35.15    Subd. 4a. Municipal boundary adjustment procedure. Any change in the
35.16boundary of an election precinct that has occurred as a result of a municipal boundary
35.17adjustment made pursuant to chapter 414 which is effective more than 21 days preceding
35.18any regularly scheduled election shall take effect at the scheduled election.
35.19Any change in the boundary of an election precinct that has occurred as a result of
35.20a municipal boundary adjustment made pursuant to chapter 414 which is effective less
35.21than 21 days preceding any regularly scheduled election shall not take effect until the
35.22day after the scheduled election.

35.23    Sec. 12. Minnesota Statutes 2008, section 204B.16, subdivision 1, is amended to read:
35.24    Subdivision 1. Authority; location. The governing body of each municipality and
35.25of each county with precincts in unorganized territory shall designate by ordinance or
35.26resolution a polling place for each election precinct. Polling places must be designated and
35.27ballots must be distributed so that no one is required to go to more than one polling place
35.28to vote in a school district and municipal election held on the same day. The polling place
35.29for a precinct in a city or in a school district located in whole or in part in the metropolitan
35.30area defined by section 200.02, subdivision 24, shall be located within the boundaries of
35.31the precinct or within one mile of one of those boundaries unless a single polling place
35.32is designated for a city pursuant to section 204B.14, subdivision 2, or a school district
35.33pursuant to section 205A.11. The polling place for a precinct in unorganized territory may
35.34be located outside the precinct at a place which is convenient to the voters of the precinct.
35.35If no suitable place is available within a town or within a school district located outside
36.1the metropolitan area defined by section 200.02, subdivision 24, then the polling place for
36.2a town or school district may be located outside the town or school district within five
36.3miles of one of the boundaries of the town or school district.
36.4EFFECTIVE DATE.This section is effective June 1, 2010.

36.5    Sec. 13. Minnesota Statutes 2008, section 204B.18, subdivision 1, is amended to read:
36.6    Subdivision 1. Booths; voting stations. Each polling place must contain a number
36.7of voting booths or voting stations in proportion to the number of individuals eligible
36.8to vote in the precinct. Each booth or station must be at least six feet high, three feet
36.9deep and two feet wide with a shelf at least two feet long and one foot wide placed at a
36.10convenient height for writing. The booth or station shall permit the voter to vote privately
36.11and independently. Each polling place must have at least one accessible voting booth
36.12or other accessible voting station and beginning with federal and state elections held
36.13after December 31, 2005, and county, municipal, and school district elections held after
36.14December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of the Help
36.15America Vote Act, Public Law 107-252. Local officials must make accessible voting
36.16stations purchased with funds provided from the Help America Vote Act account available
36.17to other local jurisdictions holding stand-alone elections. Local officials who purchased
36.18the equipment may charge the other local jurisdictions for the costs of programming
36.19the equipment, as well as a prorated cost of maintenance on the equipment. Any funds
36.20received for use of the accessible voting equipment must be treated as program income
36.21and deposited into the jurisdiction's Help America Vote Act account. All booths or
36.22stations must be constructed so that a voter is free from observation while marking ballots.
36.23During the hours of voting, the booths or stations must have instructions, a pencil, and
36.24other supplies needed to mark the ballots. A chair must be provided for elderly voters
36.25and voters with disabilities to use while voting or waiting to vote. Stable flat writing
36.26surfaces must also be made available to voters who are completing election-related forms.
36.27All ballot boxes, voting booths, voting stations, and election judges must be in open
36.28public view in the polling place.

36.29    Sec. 14. Minnesota Statutes 2008, section 204B.27, subdivision 2, is amended to read:
36.30    Subd. 2. Election law and instructions. The secretary of state shall prepare and
36.31publish a volume containing all state general laws relating to elections. The attorney
36.32general shall provide annotations to the secretary of state for this volume. On or before
36.33July August 1 of every even-numbered odd-numbered year the secretary of state shall
36.34furnish to the county auditors and municipal clerks enough copies of this volume so that
37.1each county auditor and municipal clerk will have at least one copy. On or before July 1
37.2of every even-numbered year, the secretary of state shall prepare and make an electronic
37.3copy available on the office's Web site. The secretary of state may prepare and transmit
37.4to the county auditors and municipal clerks detailed written instructions for complying
37.5with election laws relating to the conduct of elections, conduct of voter registration and
37.6voting procedures.

37.7    Sec. 15. Minnesota Statutes 2008, section 204B.33, is amended to read:
37.8204B.33 NOTICE OF FILING.
37.9(a) Between June 1 and July 1 in each even-numbered year, the secretary of state
37.10shall notify each county auditor of the offices to be voted for in that county at the next
37.11state general election for which candidates file with the secretary of state. The notice shall
37.12include the time and place of filing for those offices. Within ten days after notification by
37.13the secretary of state, each county auditor shall notify each municipal clerk in the county
37.14of all the offices to be voted for in the county at that election and the time and place for
37.15filing for those offices. The county auditors and municipal clerks shall promptly post a
37.16copy of that notice in their offices and post a notice of the offices that will be on the
37.17ballot on their Web site, if one is available.
37.18(b) At least two weeks before the first day to file an affidavit of candidacy, the
37.19county auditor shall publish a notice stating the first and last dates on which affidavits of
37.20candidacy may be filed in the county auditor's office and the closing time for filing on the
37.21last day for filing. The county auditor shall post a similar notice at least ten days before
37.22the first day to file affidavits of candidacy.

37.23    Sec. 16. [204B.335] ELECTION RESULTS REPORTING SYSTEM;
37.24CANDIDATE FILING.
37.25For state primary and general elections, the county auditor must enter the offices
37.26and questions to be voted on in the county and the list of candidates for each office into
37.27the election results reporting system provided by the secretary of state no later than 46
37.28days prior to the election.
37.29EFFECTIVE DATE.This section is not effective until the secretary of state has
37.30certified that the election reporting system has been tested and shown to properly allow
37.31for the entry of candidate names and for election results to be uploaded, and to be able to
37.32handle the expected volume of use.

37.33    Sec. 17. Minnesota Statutes 2008, section 204B.38, is amended to read:
37.34204B.38 NAMES ON BALLOTS; IDENTICAL DESCRIPTIVE WORDS.
38.1When the similarity of surnames of two or more candidates for the same office
38.2at the same election may cause confusion to voters because the candidates also have
38.3similar first names, up to three additional words may be printed on the ballot after each
38.4surname to indicate the candidate's occupation, office, residence or any combination
38.5of them if the candidate furnishes the identifying words to the filing officer by the last
38.6day for withdrawal of candidacy.

38.7    Sec. 18. Minnesota Statutes 2008, section 204C.02, is amended to read:
38.8204C.02 APPLICATION.
38.9This chapter applies to all elections held in this state except as otherwise provided
38.10by law.
38.11An individual who is unable to write the individual's name shall be required to sign
38.12election-related documents in the manner provided by section 645.44, subdivision 14. An
38.13individual who has power of attorney for another person may not sign election-related
38.14documents for that person, except as provided by this section.

38.15    Sec. 19. Minnesota Statutes 2008, section 204C.04, subdivision 1, is amended to read:
38.16    Subdivision 1. Right to be absent. Every employee who is eligible to vote in an
38.17election has the right to be absent from work for the purpose of voting during the morning
38.18of for the time necessary to appear at the employee's polling place, cast a ballot, and return
38.19to work on the day of that election, without penalty or deduction from salary or wages
38.20because of the absence. An employer or other person may not directly or indirectly refuse,
38.21abridge, or interfere with this right or any other election right of an employee.

38.22    Sec. 20. Minnesota Statutes 2008, section 204C.06, subdivision 1, is amended to read:
38.23    Subdivision 1. Lingering near polling place. An individual shall be allowed to go
38.24to and from the polling place for the purpose of voting without unlawful interference. No
38.25one except an election official or an individual who is waiting to register or to vote or a
38.26representative of the press or an academic institution who is conducting exit polling shall
38.27stand within 100 feet of the building in which a polling place is located. "Exit polling" is
38.28defined as approaching voters in a predetermined pattern as they leave the polling place
38.29after they have voted and asking voters to fill out an anonymous questionnaire.

38.30    Sec. 21. Minnesota Statutes 2008, section 204C.08, subdivision 1a, is amended to read:
38.31    Subd. 1a. Voter's Bill of Rights. The county auditor shall prepare and provide to
38.32each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
38.33forth in this section. Before the hours of voting are scheduled to begin, the election judges
39.1shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
39.2of Rights is as follows:
39.4For all persons residing in this state who meet federal voting eligibility requirements:
39.5(1) You have the right to be absent from work for the purpose of voting during the
39.6morning of without reduction to your pay, personal leave, or vacation time on election day.
39.7(2) If you are in line at your polling place any time between 7:00 a.m. and before
39.88:00 p.m., you have the right to vote.
39.9(3) If you can provide the required proof of residence, you have the right to register
39.10to vote and to vote on election day.
39.11(4) If you are unable to sign your name, you have the right to orally confirm your
39.12identity with an election judge and to direct another person to sign your name for you.
39.13(5) You have the right to request special assistance when voting.
39.14(6) If you need assistance, you may be accompanied into the voting booth by a
39.15person of your choice, except by an agent of your employer or union or a candidate.
39.16(7) You have the right to bring your minor children into the polling place and into
39.17the voting booth with you.
39.18(8) If you have been convicted of a felony but your felony sentence has expired (been
39.19completed) or you have been discharged from your sentence, you have the right to vote.
39.20(9) If you are under a guardianship, you have the right to vote, unless the court
39.21order revokes your right to vote.
39.22(10) You have the right to vote without anyone in the polling place trying to
39.23influence your vote.
39.24(11) If you make a mistake or spoil your ballot before it is submitted, you have the
39.25right to receive a replacement ballot and vote.
39.26(12) You have the right to file a written complaint at your polling place if you are
39.27dissatisfied with the way an election is being run.
39.28(13) You have the right to take a sample ballot into the voting booth with you.
39.29(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
39.30booth with you."
39.31EFFECTIVE DATE.This section is effective for the state primary in 2010 and
39.32thereafter.

39.33    Sec. 22. Minnesota Statutes 2008, section 204C.08, subdivision 3, is amended to read:
39.34    Subd. 3. Locking of ballot boxes. Immediately before the time when voting is
39.35scheduled to begin, one of the election judges shall open the ballot boxes in the presence
40.1of the individuals assembled at the polling place, turn the boxes upside down to empty
40.2them, lock them, and deliver the key to another election judge. Except as provided by
40.3this subdivision, the boxes shall not be reopened except to count the ballots until after
40.4the hours for voting have ended and all voting has been concluded. The boxes shall be
40.5kept in public view at all times during voting hours. After locking the ballot boxes, the
40.6election judges shall proclaim that voting may begin, and shall post outside the polling
40.7place conspicuous written or printed notices of the time when voting is scheduled to end.
40.8Notwithstanding Minnesota Rules, part 8230.4365, subpart 5, two election judges
40.9of different major political parties may open the ballot boxes as needed to straighten the
40.10ballots or remove voted ballots to prevent the boxes from becoming overfull. The election
40.11judges shall not count or inspect the ballots.
40.12If removing the ballots from the box, the election judges shall put the ballots into
40.13containers and seal them. The judges shall put any ballots taken from the ballot box's
40.14write-in compartment into containers separate from the other ballots and seal them. The
40.15judges shall label the ballot containers and secure them.
40.16The judges shall note on the incident report that the ballot box was opened, the
40.17time the box was opened, and, if ballots were removed, the number of any seals used to
40.18seal the ballot containers.

40.19    Sec. 23. Minnesota Statutes 2008, section 204C.13, subdivision 2, is amended to read:
40.20    Subd. 2. Voting booths. One of the election judges shall explain to the voter the
40.21proper method of marking and folding the ballots and, during a primary election, the effect
40.22of attempting to vote in more than one party's primary. Except as otherwise provided in
40.23section 204C.15, the voter shall retire alone to an unoccupied voting booth and or, at the
40.24voter's discretion, the voter may choose to use another writing surface. The voter shall
40.25mark the ballots without undue delay. The voter may take sample ballots into the booth to
40.26assist in voting. The election judges may adopt and enforce reasonable rules governing the
40.27amount of time a voter may spend in the voting booth marking ballots.

40.28    Sec. 24. Minnesota Statutes 2008, section 204C.15, subdivision 3, is amended to read:
40.29    Subd. 3. Voting lines. In all polling places two election judges shall assist a
40.30disabled voter to enter the polling place and go through the registration and voting lines.
40.31The election judges must inform voters that a chair is available for use by an elderly or
40.32disabled voter while voting or waiting in a voting line, and that an elderly or disabled
40.33voter may request to be moved to the front of the line, or be provided other assistance as
40.34appropriate, in the event waiting in the voting line would cause unreasonable physical
41.1strain on the voter. The voter may also request the assistance of election judges or any
41.2other individual in marking ballots, as provided in subdivision 1.

41.3    Sec. 25. Minnesota Statutes 2008, section 204C.17, is amended to read:
41.4204C.17 VOTING; SECRECY.
41.5Except as authorized by section 204C.15, a voter shall not reveal to anyone in the
41.6polling place the name of any candidate for whom the voter intends to vote or has voted. A
41.7voter shall not ask for or receive assistance in the marking of a ballot from anyone within
41.8the polling place except as authorized by section 204C.15. If a voter, after marking a ballot,
41.9shows it to anyone except as authorized by law or takes a picture of the voter's ballot, the
41.10election judges shall refuse to deposit the ballot in any ballot box and shall place it among
41.11the spoiled ballots. Unless the showing of the ballot was clearly intentional, the voter shall
41.12receive another ballot as provided in section 204C.13, subdivision 3, clause paragraph (d).

41.13    Sec. 26. Minnesota Statutes 2008, section 204C.30, is amended by adding a
41.14subdivision to read:
41.15    Subd. 3. Election results reporting; state primary and general elections. For
41.16state primary and general elections, the county auditor shall enter the votes in each
41.17precinct for the questions and offices voted on into the election results reporting system
41.18provided by the secretary of state.
41.19EFFECTIVE DATE.This section is not effective until the secretary of state has
41.20certified that the election reporting system has been tested and shown to properly allow
41.21for the entry of candidate names and for election results to be uploaded, and to be able to
41.22handle the expected volume of use.

41.23    Sec. 27. Minnesota Statutes 2008, section 204C.33, subdivision 1, is amended to read:
41.24    Subdivision 1. County canvass. The county canvassing board shall meet at the
41.25county auditor's office on or before the seventh day following the state general election.
41.26After taking the oath of office, the board shall promptly and publicly canvass the general
41.27election returns delivered to the county auditor. Upon completion of the canvass, the board
41.28shall promptly prepare and file with the county auditor a report which states:
41.29(a) the number of individuals voting at the election in the county and in each precinct;
41.30(b) the number of individuals registering to vote on election day and the number of
41.31individuals registered before election day in each precinct;
41.32(c) the names of the candidates for each office and the number of votes received
41.33by each candidate in the county and in each precinct, including write-in candidates for
42.1state and federal office who have requested under section 204B.09 that votes for those
42.2candidates be tallied;
42.3(d) the number of votes counted for and against a proposed change of county lines
42.4or county seat; and
42.5(e) the number of votes counted for and against a constitutional amendment or other
42.6question in the county and in each precinct.
42.7The result of write-in votes cast on the general election ballots must be compiled by
42.8the county auditor before the county canvass, except that write-in votes for a candidate for
42.9federal, state, or federal county office must not be counted unless the candidate has timely
42.10filed a request under section 204B.09, subdivision 3. The county auditor shall arrange
42.11for each municipality to provide an adequate number of election judges to perform this
42.12duty or the county auditor may appoint additional election judges for this purpose. The
42.13county auditor may open the envelopes or containers in which the voted ballots have been
42.14sealed in order to count and record the write-in votes and must reseal the voted ballots at
42.15the conclusion of this process. The county auditor must prepare a separate report of votes
42.16received by precinct for write-in candidates for federal, state, and county offices who have
42.17requested under section 204B.09 that votes for those candidates be tallied.
42.18Upon completion of the canvass, the county canvassing board shall declare the
42.19candidate duly elected who received the highest number of votes for each county and state
42.20office voted for only within the county. The county auditor shall transmit one of the a
42.21certified copies copy of the county canvassing board report for state and federal offices to
42.22the secretary of state by messenger, express mail, or similar service immediately upon
42.23conclusion of the county canvass.

42.24    Sec. 28. Minnesota Statutes 2008, section 204C.37, is amended to read:
42.25204C.37 COUNTY CANVASS; RETURN OF REPORTS TO SECRETARY OF
42.26STATE.
42.27Two copies A copy of the reports report required by sections 204C.32, subdivision
42.281 , and 204C.33, subdivision 1, shall be certified under the official seal of the county
42.29auditor. Each The copy shall be enclosed in an envelope addressed to the secretary
42.30of state, with the county auditor's name and official address and the words "Election
42.31Returns" endorsed on the envelope. The copy of the canvassing board report not sent by
42.32express mail and the precinct summary statements must be mailed sent by express mail
42.33or delivered to the secretary of state. If neither the copy is not received by the secretary
42.34of state within ten days following the applicable election, the secretary of state shall
43.1immediately notify the county auditor, who shall deliver another copy to the secretary of
43.2state by special messenger.

43.3    Sec. 29. Minnesota Statutes 2008, section 204D.04, subdivision 2, is amended to read:
43.4    Subd. 2. Instructions to printer; printer's bond. (a) The official charged with
43.5the preparation and distribution of the ballots shall prepare instructions to the printer for
43.6rotation of the names of candidates and for layout of the ballot.
43.7(b) Except as provided in paragraph (c), the instructions shall be approved by the
43.8legal advisor of the official before delivery to the printer.
43.9(c) The legal advisor of a town official is not required to approve instructions
43.10regarding the rotation of the names of candidates on the ballot or the layout of the ballot.
43.11(d) Before a contract exceeding $1,000 is awarded for printing ballots, the printer
43.12shall furnish, if requested by the official, a sufficient bond, letter of credit, or certified
43.13check, acceptable to the official responsible for printing the ballots, conditioned on
43.14printing the ballots in conformity with the Minnesota Election Law and the instructions
43.15delivered. The official responsible for printing the ballots shall set the amount of the bond,
43.16letter of credit, or certified check in an amount equal to the value of the purchase.

43.17    Sec. 30. Minnesota Statutes 2008, section 204D.09, subdivision 2, is amended to read:
43.18    Subd. 2. Sample ballot. At least two weeks before the state primary the county
43.19auditor shall prepare a sample state partisan primary ballot and a sample state and county
43.20nonpartisan primary ballot for public inspection. The names of all of the candidates to
43.21be voted for in the county shall be placed on the sample ballots, with the names of the
43.22candidates for each office arranged alphabetically according to the surname in the base
43.23rotation as determined by section 206.61, subdivision 5. Only one sample state partisan
43.24primary ballot and one sample state and county nonpartisan ballot shall be prepared for
43.25any county. The county auditor shall post the sample ballots in a conspicuous place in the
43.26auditor's office and shall cause them to be published at least one week before the state
43.27primary in at least one newspaper of general circulation in the county.

43.28    Sec. 31. Minnesota Statutes 2008, section 204D.28, subdivision 5, is amended to read:
43.29    Subd. 5. Regular state primary. "Regular state primary" means:
43.30(a) the state primary at which candidates are nominated for offices elected at the
43.31state general election; or
43.32(b) a primary held four weeks before on the first Tuesday after the first second
43.33Monday in November September of odd-numbered years.

44.1    Sec. 32. Minnesota Statutes 2008, section 204D.28, subdivision 6, is amended to read:
44.2    Subd. 6. Special election required; exception; when held. Every vacancy shall be
44.3filled for the remainder of the term by a special election held pursuant to this subdivision;
44.4except that no special election shall be held in the year before the term expires.
44.5    The special election shall be held at the next November election if the vacancy
44.6occurs at least six nine weeks before the regular state primary preceding that election. If
44.7the vacancy occurs less than six nine weeks before the regular state primary preceding
44.8the next November election, the special election shall be held at the second November
44.9election after the vacancy occurs.

44.10    Sec. 33. Minnesota Statutes 2008, section 204D.28, subdivision 8, is amended to read:
44.11    Subd. 8. Notice of special election. The secretary of state shall issue an official
44.12notice of any special election required to be held pursuant to this section not later than
44.13ten 12 weeks before the special primary, except that if the vacancy occurs ten 12 weeks or
44.14less before the special primary, the secretary of state shall issue the notice no later than
44.15two days after the vacancy occurs. The notice shall state the office to be filled, the opening
44.16and closing dates for filing of candidacy and the dates of the special primary and special
44.17election. For the purposes of those provisions of sections 204D.17 to 204D.27 that apply
44.18generally to special elections, this notice shall be used in place of the writ of the governor.

44.19    Sec. 34. Minnesota Statutes 2008, section 204D.28, subdivision 9, is amended to read:
44.20    Subd. 9. Filing by candidates. The time for filing of affidavits and nominating
44.21petitions for candidates to fill a vacancy at a special election shall open six ten weeks
44.22before the special primary or on the day the secretary of state issues notice of the special
44.23election, whichever occurs later. Filings shall close four eight weeks before the special
44.24primary.

44.25    Sec. 35. [204D.29] CONTINUITY OF CONGRESS.
44.26    Subdivision 1. In general. (a) If the speaker of the United States House of
44.27Representatives announces that vacancies in the representation from the states in the
44.28House of Representatives exceed 100 and one of those vacancies is in this state, the
44.29governor shall issue a writ of election to fill such vacancy by special election.
44.30(b) As used in this section, "speaker" means the speaker of the United States House
44.31of Representatives.
44.32    Subd. 2. Timing of special election. A special election held under this section
44.33to fill a vacancy shall take place not later than 49 days after the speaker announces
45.1that the vacancy exists, unless, during the 75-day period which begins on the date of
45.2the announcement of the vacancy:
45.3(1) a regularly scheduled general election for the office involved is to be held; or
45.4(2) another special election for the office involved is to be held, pursuant to a writ
45.5for a special election issued by the governor prior to the date of the announcement of the
45.6vacancy by the speaker.
45.7    Subd. 3. Nominations by parties. If a special election is to be held under this
45.8section, the chairs of the political parties of the state shall, not later than ten days after the
45.9speaker announces that the vacancy exists, certify to the secretary of state the name of
45.10the person nominated to fill this vacancy.
45.11    Subd. 4. Nominating petitions. Other candidates must file an affidavit of candidacy
45.12and a nominating petition under section 204B.07 not later than ten days after the speaker
45.13announces that the vacancy exists.
45.14    Subd. 5. Protecting ability of absent military and overseas voters to participate
45.15in special elections. (a) Deadline for transmittal of absentee ballots. In conducting
45.16a special election held under this section to fill a vacancy in its representation, the state
45.17shall ensure to the greatest extent practicable that absentee ballots for the election are
45.18transmitted to voters who vote under the procedure outlined in sections 203B.16 to
45.19203B.27 not later than 15 days after the speaker announces that the vacancy exists.
45.20(b) Period for ballot transit time. Notwithstanding the other deadlines in this
45.21section, in the case of voters who vote under the procedure outlined in sections 203B.16
45.22to 203B.27, any otherwise valid ballot or other election material must be processed and
45.23accepted so long as the ballot or other material is received by the county auditor not later
45.24than 45 days after the ballot or other material was transmitted to the voter.

45.25    Sec. 36. Minnesota Statutes 2008, section 205.065, subdivision 2, is amended to read:
45.26    Subd. 2. Resolution or ordinance. The governing body of a city may, by ordinance
45.27or resolution adopted at least three months before the next municipal general election by
45.28June 1 of a municipal general election year, elect to choose nominees for municipal offices
45.29by a primary as provided in this section. The resolution or ordinance, when adopted, is
45.30effective for all ensuing municipal elections until it is revoked. The municipal clerk shall
45.31notify the secretary of state and the county auditor within 30 days after the adoption of the
45.32resolution or ordinance.

45.33    Sec. 37. Minnesota Statutes 2008, section 205.13, subdivision 1, is amended to read:
46.1    Subdivision 1. Affidavit of candidacy. An individual who is eligible and desires to
46.2become a candidate for an office to be voted for at the municipal general election shall file
46.3an affidavit of candidacy with the municipal clerk. Candidates for a special election to
46.4fill a vacancy held as provided in section 412.02, subdivision 2a, must file an affidavit
46.5of candidacy for the specific office to fill the unexpired portion of the term. Subject to
46.6the approval of the county auditor, the town clerk may authorize candidates for township
46.7offices to file affidavits of candidacy with the county auditor. The affidavit shall be in
46.8substantially the same form as that in section 204B.06, subdivision 1. The municipal clerk
46.9shall also accept an application signed by not less than five voters and filed on behalf of an
46.10eligible voter in the municipality whom they desire to be a candidate, if service of a copy
46.11of the application has been made on the candidate and proof of service is endorsed on the
46.12application being filed. Upon receipt of the proper filing fee, the clerk shall place the name
46.13of the candidate on the official ballot without partisan designation.
46.14EFFECTIVE DATE.This section is effective the day following final enactment.

46.15    Sec. 38. Minnesota Statutes 2008, section 205.13, subdivision 2, is amended to read:
46.16    Subd. 2. Notice of filing dates. At least two weeks before the first day to file
46.17affidavits of candidacy, the municipal clerk shall publish a notice stating the first and last
46.18dates on which affidavits of candidacy may be filed in the clerk's office and the closing
46.19time for filing on the last day for filing. The clerk shall post a similar notice at least ten
46.20days before the first day to file affidavits of candidacy. The notice must separately list
46.21any office for which affidavits of candidacy may be filed to fill the unexpired portion
46.22of a term when a special election is being held to fill a vacancy as provided in section
46.23412.02, subdivision 2a.
46.24EFFECTIVE DATE.This section is effective the day following final enactment.

46.25    Sec. 39. [205.135] ELECTION RESULTS REPORTING SYSTEM; CANDIDATE
46.26FILING.
46.27    Subdivision 1. Even-numbered year. For regularly scheduled municipal elections
46.28held in an even-numbered year, the municipal clerk must provide the offices and questions
46.29to be voted on in the municipality and the list of candidates for each office to the county
46.30auditor for entry into the election results reporting system provided by the secretary of
46.31state no later than 46 days prior to the election. Upon mutual agreement, the county auditor
46.32may delegate the duty to enter the information into the system to the municipal clerk.
46.33    Subd. 2. Odd-numbered year. For regularly scheduled municipal elections held in
46.34an odd-numbered year, the county auditor and municipal clerk may mutually decide to use
47.1the election reporting system for the election. If so, the county auditor must notify the
47.2secretary of state of the intent to use the election reporting system at least 90 days before
47.3the election, of who will be entering the data, and, if the municipal clerk will be entering
47.4the data, that the office of the municipal clerk has the technological capacity to enter the
47.5data. The county auditor, or, by mutual agreement, the municipal clerk, must enter the
47.6offices and questions to be voted on in the municipality and the list of candidates for each
47.7office into the election results reporting system no later than 46 days prior to the election.
47.8EFFECTIVE DATE.This section is not effective until the secretary of state has
47.9certified that the election reporting system has been tested and shown to properly allow
47.10for the entry of candidate names and for election results to be uploaded, and to be able to
47.11handle the expected volume of use.

47.12    Sec. 40. Minnesota Statutes 2008, section 205.16, subdivision 2, is amended to read:
47.13    Subd. 2. Sample ballot, publication. For every municipal election, the municipal
47.14clerk shall, at least one week two weeks before the election, publish a sample ballot in the
47.15official newspaper of the municipality, except that the governing body of a fourth class
47.16city or a town not located within a metropolitan county as defined in section 473.121
47.17may dispense with publication.

47.18    Sec. 41. Minnesota Statutes 2008, section 205.16, subdivision 3, is amended to read:
47.19    Subd. 3. Sample ballot, posting. For every municipal election, the municipal
47.20clerk shall at least four days two weeks before the election post prepare a sample ballot
47.21for the municipality, make them available for public inspection in the clerk's office for
47.22public inspection, and post a sample ballot in each polling place on election day.

47.23    Sec. 42. [205.187] ELECTION RESULTS REPORTING SYSTEM; PRECINCT
47.24VOTES.
47.25For regularly scheduled municipal elections held in November of an even-numbered
47.26year, the county auditor shall enter the votes in each precinct for the questions and offices
47.27voted on in the municipal election into the election results reporting system provided
47.28by the secretary of state.
47.29If a county auditor has notified the secretary of state of intent to use the election
47.30results reporting system for a municipal election pursuant to section 205.135, subdivision
47.312, the county auditor, or by mutual agreement, the municipal clerk, must enter the votes in
47.32each precinct for the offices and questions voted on in the municipality into the election
47.33results reporting system.
48.1EFFECTIVE DATE.This section is not effective until the secretary of state has
48.2certified that the election reporting system has been tested and shown to properly allow
48.3for the entry of candidate names and for election results to be uploaded, and to be able to
48.4handle the expected volume of use.

48.5    Sec. 43. Minnesota Statutes 2008, section 205A.03, subdivision 1, is amended to read:
48.6    Subdivision 1. Resolution requiring primary in certain circumstances. The
48.7school board of a school district may, by resolution adopted by June 1 of any year, decide
48.8to choose nominees for school board by a primary as provided in this section. The
48.9resolution, when adopted, is effective for all ensuing elections of board members in that
48.10school district until it is revoked. If the board decides to choose nominees by primary
48.11and if there are more than two candidates for a specified school board position or more
48.12than twice as many school board candidates as there are at-large school board positions
48.13available, the school district must hold a primary. When a number equal to or less than
48.14twice the number of individuals to be elected to a school board office file for nomination
48.15for the office, the names of the candidates shall be placed upon the general election ballot.

48.16    Sec. 44. [205A.045] SCHOOL DISTRICT TRANSITIONS.
48.17    Subdivision 1. Odd year to even. (a) The governing body of a school district
48.18may change from an odd-numbered year election to an even-numbered year election by
48.19adopting a resolution that contains an orderly plan for the transition. The resolution may
48.20include a onetime, one-year extension of the term of each board member.
48.21(b) The governing body of the school district must adopt the resolution permitted by
48.22paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for
48.23the election at which the change will take effect.
48.24    Subd. 2. Even year to odd. (a) The governing body of a school district may change
48.25from an even-numbered year election to an odd-numbered year election by adopting a
48.26resolution that contains an orderly plan for the transition. The resolution may include a
48.27onetime, one-year extension of the term of each board member.
48.28(b) The governing body of the school district must adopt the resolution permitted by
48.29paragraph (a) no later than 30 days before the first day to file an affidavit of candidacy for
48.30the election at which the change will take effect.

48.31    Sec. 45. Minnesota Statutes 2008, section 205A.05, subdivision 1, is amended to read:
48.32    Subdivision 1. Questions. Special elections must be held for a school district on a
48.33question on which the voters are authorized by law to pass judgment. The school board
48.34may on its own motion call a special election to vote on any matter requiring approval of
49.1the voters of a district. Upon petition of 50 or more voters of the school district or five
49.2percent of the number of voters voting at the preceding school district general election,
49.3whichever is greater, the school board shall by resolution call a special election to vote on
49.4any matter requiring approval of the voters of a district. A question is carried only with
49.5the majority in its favor required by law. The election officials for a special election are
49.6the same as for the most recent school district general election unless changed according
49.7to law. Otherwise, special elections must be conducted and the returns made in the
49.8manner provided for the school district general election. A special election may not be
49.9held during the 30 45 days before and the 30 45 days after the state primary, during the
49.1030 45 days before and the 40 days after the state general election. In addition, a special
49.11election may not be held during the 20 days before and the 20 days after any regularly
49.12scheduled March election or within 45 days before and the 30 days after any regularly
49.13scheduled November election of a municipality wholly or partially within the school
49.14district. Notwithstanding any other law to the contrary, the time period in which a special
49.15election must be conducted under any other law may be extended by the school board to
49.16conform with the requirements of this subdivision.

49.17    Sec. 46. Minnesota Statutes 2008, section 205A.05, subdivision 2, is amended to read:
49.18    Subd. 2. Vacancies in school district offices. Special elections shall be held in
49.19school districts in conjunction with school district primary and general elections to fill
49.20vacancies in elective school district offices. When filling multiple at-large vacancies at the
49.21same election, the candidates shall file for the multiple seats of the same office, voters will
49.22be instructed to "Vote for up to..." and the candidates receiving the most votes up to the
49.23number to be elected will be elected to fill the vacancies.

49.24    Sec. 47. Minnesota Statutes 2008, section 205A.07, subdivision 2, is amended to read:
49.25    Subd. 2. Sample ballot, posting. For every school district primary, general, or
49.26special election, the school district clerk shall at least four days two weeks before the
49.27primary, general, or special election, post a sample ballot in the administrative offices of
49.28the school district for public inspection, and shall post a sample ballot in each polling
49.29place on election day.

49.30    Sec. 48. [205A.075] ELECTION RESULTS REPORTING SYSTEM;
49.31CANDIDATE FILING.
49.32    Subdivision 1. Even-numbered year. For regularly scheduled school district
49.33elections held in an even-numbered year, the school district clerk must provide the offices
49.34and questions to be voted on in the school district and the list of candidates for each office
50.1to the county auditor for entry into the election results reporting system provided by the
50.2secretary of state no later than 46 days prior to the election.
50.3    Subd. 2. Odd-numbered year. For regularly scheduled school district elections
50.4held in an odd-numbered year, the county auditor and school district clerk may mutually
50.5decide to use the election reporting system for the election. If so, the county auditor must
50.6notify the secretary of state of intent to use the election reporting system at least 90 days
50.7before the election. The county auditor must enter the offices and questions to be voted
50.8on in the school district and the list of candidates for each office into the election results
50.9reporting system no later than 46 days prior to the election.
50.10EFFECTIVE DATE.This section is not effective until the secretary of state has
50.11certified that the election reporting system has been tested and shown to properly allow
50.12for the entry of candidate names and for election results to be uploaded, and to be able to
50.13handle the expected volume of use.

50.14    Sec. 49. [205A.076] ELECTION RESULTS REPORTING SYSTEM; PRECINCT
50.15VOTES.
50.16For regularly scheduled school district elections held in an even-numbered year, the
50.17county auditor shall enter the votes in each precinct for the questions and offices voted
50.18on in the school district election into the election results reporting system provided by
50.19the secretary of state.
50.20If a county auditor has notified the secretary of state of intent to use the election
50.21results reporting system for a school district election pursuant to section 205A.075,
50.22subdivision 2, the county auditor must enter the votes in each precinct for the offices and
50.23questions voted on in the school district into the election results reporting system.
50.24EFFECTIVE DATE.This section is not effective until the secretary of state has
50.25certified that the election reporting system has been tested and shown to properly allow
50.26for the entry of candidate names and for election results to be uploaded, and to be able to
50.27handle the expected volume of use.

50.28    Sec. 50. Minnesota Statutes 2008, section 206.57, subdivision 6, is amended to read:
50.29    Subd. 6. Required certification. In addition to the requirements in subdivision
50.301, a voting system must be certified by an independent testing authority approved
50.31accredited by the secretary of state and conform to current standards for voting equipment
50.32Election Assistance Commission at the time of submission of the application required by
50.33subdivision 1 to be in conformity with voluntary voting system guidelines issued by the
50.34Federal Election Commission or its successor, the Election Assistance Commission.
51.1The application must be accompanied by the certification report of the voting systems
51.2test laboratory. A certification under this section from an independent testing authority
51.3accredited by the Election Assistance Commission meets the requirement of Minnesota
51.4Rules, part 8220.0350, item L. A vendor must provide a copy of the source code for the
51.5voting system to the secretary of state. A chair of a major political party or the secretary of
51.6state may select, in consultation with the vendor, an independent third-party evaluator to
51.7examine the source code to ensure that it functions as represented by the vendor and that
51.8the code is free from defects. A major political party that elects to have the source code
51.9examined must pay for the examination. Except as provided by this subdivision, a source
51.10code that is trade secret information must be treated as nonpublic information, according
51.11to section 13.37. A third-party evaluator must not disclose the source code to anyone else.
51.12EFFECTIVE DATE.This section is effective the day following final enactment.

51.13    Sec. 51. Minnesota Statutes 2008, section 206.61, subdivision 5, is amended to read:
51.14    Subd. 5. Alternation. The provisions of the election laws requiring the alternation
51.15of names of candidates must be observed as far as practicable by changing the order of the
51.16names on an electronic voting system in the various precincts so that each name appears
51.17on the machines or marking devices used in a municipality substantially an equal number
51.18of times in the first, last, and in each intermediate place in the list or group in which they
51.19belong. However, the arrangement of candidates' names must be the same on all voting
51.20systems used in the same precinct. If the number of names to be alternated exceeds the
51.21number of precincts For state primary and state general elections, the election official
51.22responsible for providing the ballots, in accordance with subdivision 1, shall determine
51.23by lot the alternation of names the base rotation of candidate names by assigning the
51.24initial order of the candidates' names by random generation using the statewide election
51.25reporting system.
51.26If an electronic ballot marker is used with a paper ballot that is not an optical scan
51.27ballot card, the manner of alternation of candidate names on the paper ballot must be as
51.28prescribed for optical scan ballots in this subdivision.

51.29    Sec. 52. Minnesota Statutes 2008, section 211A.02, subdivision 2, is amended to read:
51.30    Subd. 2. Information required. The report to be filed by a candidate or committee
51.31must include:
51.32    (1) the name of the candidate or ballot question;
51.33    (2) the printed name, address, telephone number, signature, and e-mail address, if
51.34available, of the person responsible for filing the report;
52.1    (3) the total cash on hand;
52.2(4) the total amount of receipts and expenditures for the period from the last previous
52.3report to five days before the current report is due;
52.4    (4) (5) the amount, date, and purpose for each expenditure; and
52.5    (5) (6) the name, address, and employer, or occupation if self-employed, of any
52.6individual or committee that during the year has made one or more contributions that in
52.7the aggregate exceed $100, and the amount and date of each contribution. The filing
52.8officer must restrict public access to the address of any individual who has made a
52.9contribution that exceeds $100 and who has filed with the filing officer a written statement
52.10signed by the individual that withholding the individual's address from the financial report
52.11is required for the safety of the individual or the individual's family.
52.12EFFECTIVE DATE.This section is effective June 1, 2010.

52.13    Sec. 53. Minnesota Statutes 2008, section 211A.05, subdivision 2, is amended to read:
52.14    Subd. 2. Notice of failure to file. If a candidate or committee has filed an initial
52.15report, but fails to file a subsequent report on the date it is due, the filing officer shall
52.16immediately notify the candidate or committee of the failure to file. If a report is not filed
52.17within ten days after the notification is mailed, the filing officer shall file a complaint
52.18under section 211B.32.

52.19    Sec. 54. Minnesota Statutes 2008, section 412.02, subdivision 2a, is amended to read:
52.20    Subd. 2a. Vacancy. Except as otherwise provided in subdivision 2b, a vacancy in an
52.21office shall be filled by council appointment until an election is held as provided in this
52.22subdivision. In case of a tie vote in the council, the mayor shall make the appointment.
52.23(1) If the vacancy occurs before the first day to file affidavits of candidacy for
52.24the next regular city election and more than two years remain in the unexpired term, a
52.25special election shall be held at or before the next regular city election and the appointed
52.26person shall serve until the qualification of a successor elected at a special election to fill
52.27the unexpired portion of the term. The council must specify by ordinance under what
52.28circumstances it will hold a special election to fill a vacancy other than a special election
52.29held at the same time as the regular city election. If, because of a vacancy, more than one
52.30council member is to be chosen at the same election, candidates for council member shall
52.31file for either a two-year or a four-year term. If more than one candidate is to be elected
52.32for the same length term, the ballot must instruct voters to "Vote for up to ..." up to the
52.33number of candidates to be elected for the two-year or four-year term.
53.1(2) If the vacancy occurs on or after the first day to file affidavits of candidacy for
53.2the regular city election or when less than two years remain in the unexpired term, there
53.3need not be a special election to fill the vacancy and the appointed person shall serve
53.4until the qualification of a successor. The council must specify by ordinance under what
53.5circumstances it will hold a special election to fill a vacancy other than a special election
53.6held at the same time as the regular city election.

53.7    Sec. 55. Minnesota Statutes 2008, section 414.02, subdivision 4, is amended to read:
53.8    Subd. 4. Effective date of incorporation. The incorporation shall be effective upon
53.9the election and qualification of new municipal officers or on such later date as is fixed by
53.10the director's order. The effective date must not fall within the 21 days before a regularly
53.11scheduled election. Failure to comply with the provisions of this subdivision with respect
53.12to regularly scheduled elections, or to set the right effective date in relation to regularly
53.13scheduled elections, does not invalidate the annexation.

53.14    Sec. 56. Minnesota Statutes 2008, section 414.031, subdivision 6, is amended to read:
53.15    Subd. 6. Effective date of annexation. The annexation shall be effective as of the
53.16date fixed in the annexation order or on a later date fixed in the annexation order. The
53.17effective date must not fall within the 21 days before a regularly scheduled election.
53.18Failure to comply with the provisions of this subdivision with respect to regularly
53.19scheduled elections, or to set the right effective date in relation to regularly scheduled
53.20elections, does not invalidate the annexation.

53.21    Sec. 57. Minnesota Statutes 2008, section 414.0325, subdivision 1, is amended to read:
53.22    Subdivision 1. Initiating the proceeding. (a) One or more townships and one or
53.23more municipalities, by joint resolution, may designate an unincorporated area as in
53.24need of orderly annexation. One or more municipalities, by joint resolution with the
53.25county, may designate an unincorporated area in which there is no organized township
53.26government as in need of orderly annexation.
53.27    (b) A designated area is any area which the signatories to a joint resolution for
53.28orderly annexation have identified as being appropriate for annexation, either currently
53.29or at some point in the future, pursuant to the negotiated terms and conditions set forth
53.30in the joint resolution. Land described as a designated area is not, by virtue of being so
53.31described, considered also to be annexed for purposes of this chapter.
53.32    (c) The joint resolution will confer jurisdiction on the chief administrative law judge
53.33over annexations in the designated area and over the various provisions in said agreement
53.34by submission of said joint resolution to the chief administrative law judge.
54.1    (d) The resolution shall include a description of the designated area and the reasons
54.2for designation.
54.3    (e) Thereafter, an annexation of any part of the designated area may be initiated by:
54.4    (1) submitting to the chief administrative law judge a resolution of any signatory
54.5to the joint resolution; or
54.6    (2) the chief administrative law judge.
54.7    (f) Whenever a state agency, other than the pollution control agency, orders a
54.8municipality to extend a municipal service to an area, the order confers jurisdiction on the
54.9chief administrative law judge to consider designation of the area for orderly annexation.
54.10    (g) If a joint resolution designates an area as in need of orderly annexation and states
54.11that no alteration of its stated boundaries is appropriate, the chief administrative law judge
54.12may review and comment, but may not alter the boundaries.
54.13    (h) If a joint resolution designates an area as in need of orderly annexation, provides
54.14for the conditions for its annexation, and states that no consideration by the chief
54.15administrative law judge is necessary, the chief administrative law judge may review and
54.16comment, but shall, within 30 days, order the annexation in accordance with the terms of
54.17the resolution. A joint resolution filed within the 51 days before a regularly scheduled
54.18election must provide in the conditions for its annexation that the annexation will not be
54.19effective until the day after the regularly scheduled election. Failure to comply with the
54.20provisions of this subdivision with respect to regularly scheduled elections, or to set
54.21the right effective date in relation to regularly scheduled elections, does not invalidate
54.22the annexation.

54.23    Sec. 58. Minnesota Statutes 2008, section 414.0325, subdivision 4, is amended to read:
54.24    Subd. 4. Effective date of annexation. The chief administrative law judge's order
54.25shall be effective upon the issuance of the order or at such later time as is provided in the
54.26order. The effective date must not fall within the 21 days before a regularly scheduled
54.27election. Failure to comply with the provisions of this subdivision with respect to regularly
54.28scheduled elections, or to set the right effective date in relation to regularly scheduled
54.29elections, does not invalidate the annexation.

54.30    Sec. 59. Minnesota Statutes 2008, section 414.033, subdivision 7, is amended to read:
54.31    Subd. 7. Filing; effective date; copy to auditors. Any annexation ordinance
54.32provided for in this section must be filed with the chief administrative law judge, the
54.33township, the county auditor and the secretary of state and is final on the date the
54.34ordinance is approved by the chief administrative law judge, except that an ordinance
54.35approved within the 21 days before a regularly scheduled election is not effective until
55.1the day after the regularly scheduled election. A copy of the annexation ordinance must
55.2be delivered immediately by the governing body of the municipality to the appropriate
55.3county auditors. Failure to comply with the provisions of this subdivision with respect
55.4to regularly scheduled elections, or to set the right effective date in relation to regularly
55.5scheduled elections, does not invalidate the annexation.

55.6    Sec. 60. REPEALER.
55.7Minnesota Statutes 2008, sections 201.096; and 206.805, subdivision 2, are repealed.


55.10    Section 1. Minnesota Statutes 2008, section 135A.17, subdivision 2, is amended to
55.11read:
55.12    Subd. 2. Residential housing list. All postsecondary institutions that enroll students
55.13accepting state or federal financial aid may (a) Institutions within the Minnesota State
55.14Colleges and Universities system must prepare a current list of students enrolled in the
55.15institution and residing in the institution's housing or within ten miles of the institution's
55.16campus Minnesota. The list shall must include each student's name and current address
55.17as permitted by applicable privacy laws. The list shall must be certified and sent to the
55.18appropriate county auditor or auditors secretary of state no earlier than 30 and no later than
55.1925 days prior to the November general election, in an electronic format specified by the
55.20secretary of state, for use in election day registration as provided under section 201.061,
55.21subdivision 3 . The certification must be dated and signed by the chief officer or designee
55.22of the postsecondary educational institution, or for institutions within the Minnesota
55.23State Colleges and Universities system, by the chancellor, and must state that the list is
55.24current and accurate and includes only the names of currently enrolled students residing in
55.25Minnesota as of the date of certification. The secretary of state must combine the data
55.26received from each postsecondary educational institution under this subdivision and must
55.27process the data to locate the precinct in which the address provided for each student is
55.28located. If the data submitted by the postsecondary educational institution is insufficient
55.29for the secretary of state to locate the proper precinct, the associated student name must
55.30not appear in any list forwarded to a county auditor under this subdivision.
55.31At least 14 days prior to the November general election, the secretary of state
55.32must forward to the appropriate county auditor lists of students containing the students'
55.33names and addresses for which precinct determinations have been made along with their
55.34postsecondary educational institutions. The list must be sorted by precinct and student
55.35last name and must be forwarded in an electronic format specified by the secretary of
56.1state or other mutually agreed upon medium, if a written agreement specifying the
56.2medium is signed by the secretary of state and the county auditor at least 90 days before
56.3the November general election. A written agreement is effective for all elections until
56.4rescinded by either the secretary of state or the county auditor.
56.5(b) Other postsecondary institutions may provide lists as provided by this subdivision
56.6or as provided by the rules of the secretary of state. The University of Minnesota is
56.7requested to comply with this subdivision.
56.8(c) A residential housing list provided under this subdivision may not be used or
56.9disseminated by a county auditor or the secretary of state for any other purpose.

56.10    Sec. 2. Minnesota Statutes 2008, section 201.061, subdivision 1, is amended to read:
56.11    Subdivision 1. Prior to election day. At any time except during the 20 days
56.12immediately preceding any regularly scheduled election, an eligible voter or any
56.13individual who will be an eligible voter at the time of the next election may register to vote
56.14in the precinct in which the voter maintains residence by completing a voter registration
56.15application as described in section 201.071, subdivision 1, and submitting it in person or
56.16by mail to the county auditor of that county or to the Secretary of State's Office. If the Web
56.17site maintained by the secretary of state provides a process for it, an individual who has
56.18a Minnesota driver's license, identification card, or learner's permit may register online.
56.19A registration that is received no later than 5:00 p.m. on the 21st day preceding any
56.20election shall be accepted. An improperly addressed or delivered registration application
56.21shall be forwarded within two working days after receipt to the county auditor of the
56.22county where the voter maintains residence. A state or local agency or an individual that
56.23accepts completed voter registration applications from a voter must submit the completed
56.24applications to the secretary of state or the appropriate county auditor within ten days
56.25after the applications are dated by the voter.
56.26For purposes of this section, mail registration is defined as a voter registration
56.27application delivered to the secretary of state, county auditor, or municipal clerk by the
56.28United States Postal Service or a commercial carrier.

56.29    Sec. 3. Minnesota Statutes 2008, section 201.061, subdivision 3, is amended to read:
56.30    Subd. 3. Election day registration. (a) An individual who is eligible to vote may
56.31register on election day by appearing in person at the polling place for the precinct in
56.32which the individual maintains residence, by completing a registration application, making
56.33an oath in the form prescribed by the secretary of state and providing proof of residence.
56.34An individual may prove residence for purposes of registering by:
57.1    (1) presenting a driver's license or Minnesota identification card issued pursuant
57.2to section 171.07;
57.3    (2) presenting any document approved by the secretary of state as proper
57.4identification;
57.5    (3) presenting one of the following:
57.6    (i) a current valid student identification card from a postsecondary educational
57.7institution in Minnesota, if a list of students from that institution has been prepared under
57.8section 135A.17 and certified to the county auditor or in the manner provided in rules of
57.9the secretary of state; or
57.10    (ii) a current student fee statement that contains the student's valid address in the
57.11precinct together with a picture identification card; or
57.12    (4) having a voter who is registered to vote in the precinct, or who is an employee
57.13employed by and working in a residential facility in the precinct and vouching for a
57.14resident in the facility, sign an oath in the presence of the election judge vouching that the
57.15voter or employee personally knows that the individual is a resident of the precinct. A
57.16voter who has been vouched for on election day may not sign a proof of residence oath
57.17vouching for any other individual on that election day. A voter who is registered to vote in
57.18the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation
57.19does not apply to an employee of a residential facility described in this clause. The
57.20secretary of state shall provide a form for election judges to use in recording the number
57.21of individuals for whom a voter signs proof-of-residence oaths on election day. The
57.22form must include space for the maximum number of individuals for whom a voter may
57.23sign proof-of-residence oaths. For each proof-of-residence oath, the form must include
57.24a statement that the voter is registered to vote in the precinct, personally knows that the
57.25individual is a resident of the precinct, and is making the statement on oath. The form must
57.26include a space for the voter's printed name, signature, telephone number, and address.
57.27    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
57.28attached to the voter registration application.
57.29    (b) The operator of a residential facility shall prepare a list of the names of its
57.30employees currently working in the residential facility and the address of the residential
57.31facility. The operator shall certify the list and provide it to the appropriate county auditor
57.32no less than 20 days before each election for use in election day registration.
57.33    (c) "Residential facility" means transitional housing as defined in section 256E.33,
57.34subdivision 1 ; a supervised living facility licensed by the commissioner of health under
57.35section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
57.365 ; a residence registered with the commissioner of health as a housing with services
58.1establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
58.2the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
58.3licensed by the commissioner of human services to provide a residential program as
58.4defined in section 245A.02, subdivision 14; a residential facility for persons with a
58.5developmental disability licensed by the commissioner of human services under section
58.6252.28 ; group residential housing as defined in section 256I.03, subdivision 3; a shelter
58.7for battered women as defined in section 611A.37, subdivision 4; or a supervised
58.8publicly or privately operated shelter or dwelling designed to provide temporary living
58.9accommodations for the homeless.
58.10    (d) For tribal band members, an individual may prove residence for purposes of
58.11registering by:
58.12    (1) presenting an identification card issued by the tribal government of a tribe
58.13recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
58.14contains the name, address, signature, and picture of the individual; or
58.15    (2) presenting an identification card issued by the tribal government of a tribe
58.16recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
58.17contains the name, signature, and picture of the individual and also presenting one of the
58.18documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
58.19    (e) A county, school district, or municipality may require that an election judge
58.20responsible for election day registration initial each completed registration application.

58.21    Sec. 4. Minnesota Statutes 2008, section 201.071, subdivision 1, is amended to read:
58.22    Subdivision 1. Form. A voter registration application must be of suitable size and
58.23weight for mailing and contain spaces for the following required information: voter's first
58.24name, middle name, and last name; voter's previous name, if any; voter's current address;
58.25voter's previous address, if any; voter's date of birth; voter's municipality and county of
58.26residence; voter's telephone number, if provided by the voter; date of registration; current
58.27and valid Minnesota driver's license number or Minnesota state identification number,
58.28or if the voter has no current and valid Minnesota driver's license or Minnesota state
58.29identification, and the last four digits of the voter's Social Security number; and voter's
58.30signature. The registration application may include the voter's e-mail address, if provided
58.31by the voter, and the voter's interest in serving as an election judge, if indicated by the
58.32voter. The application must also contain the following certification of voter eligibility:
58.33"I certify that I:
58.34(1) will be at least 18 years old on election day;
58.35(2) am a citizen of the United States;
59.1(3) will have resided in Minnesota for 20 days immediately preceding election day;
59.2(4) maintain residence at the address given on the registration form;
59.3(5) am not under court-ordered guardianship in which the court order revokes my
59.4right to vote;
59.5(6) have not been found by a court to be legally incompetent to vote;
59.6(7) have the right to vote because, if I have been convicted of a felony, my felony
59.7sentence has expired (been completed) or I have been discharged from my sentence; and
59.8(8) have read and understand the following statement: that giving false information
59.9is a felony punishable by not more than five years imprisonment or a fine of not more
59.10than $10,000, or both."
59.11The certification must include boxes for the voter to respond to the following
59.12questions:
59.13"(1) Are you a citizen of the United States?" and
59.14"(2) Will you be 18 years old on or before election day?"
59.15And the instruction:
59.16"If you checked 'no' to either of these questions, do not complete this form."
59.17The form of the voter registration application and the certification of voter eligibility
59.18must be as provided in this subdivision and approved by the secretary of state. Voter
59.19registration forms authorized by the National Voter Registration Act must also be accepted
59.20as valid. The federal postcard application form must also be accepted as valid if it is not
59.21deficient and the voter is eligible to register in Minnesota.
59.22An individual may use a voter registration application to apply to register to vote in
59.23Minnesota or to change information on an existing registration.
59.24A paper voter registration application must include space for the voter's signature.
59.25Paper voter registration applications, other than those used for election day registration,
59.26must be of suitable size and weight for mailing.

59.27    Sec. 5. Minnesota Statutes 2008, section 201.091, is amended by adding a subdivision
59.28to read:
59.29    Subd. 5a. Registration confirmation to registered voter. The secretary of state
59.30must ensure that the secretary of state's Web site is capable of providing voter registration
59.31confirmation to a registered voter. An individual requesting registration confirmation must
59.32provide the individual's name, address, and date of birth. If the information provided by
59.33the individual completely matches an active voter record in the statewide voter registration
59.34system, the Web site must inform the individual that the individual is a registered voter and
59.35must provide the individual with the individual's polling place location. If the information
60.1provided by the individual does not completely match an active voter record in the
60.2statewide voter registration system, the Web site must inform the individual that a voter
60.3record with that name and date of birth at the address provided cannot be confirmed and the
60.4Web site must advise the individual to contact the county auditor for further information.
60.5EFFECTIVE DATE.This section is not effective until the secretary of state has
60.6certified that the Web site has been tested, has been shown to properly retrieve information
60.7from the correct voter's record, and can handle the expected volume of use.

60.8    Sec. 6. Minnesota Statutes 2008, section 203B.12, subdivision 2, is amended to read:
60.9    Subd. 2. Examination of return envelopes. Two or more election judges shall
60.10examine each return envelope and shall mark it accepted or rejected in the manner
60.11provided in this subdivision. If a ballot has been prepared under section 204B.12,
60.12subdivision 2a , or 204B.41, the election judges shall not begin removing ballot envelopes
60.13from the return envelopes until 8:00 p.m. on election day, either in the polling place or at
60.14an absentee ballot board established under section 203B.13.
60.15The election judges shall mark the return envelope "Accepted" and initial or sign
60.16the return envelope below the word "Accepted" if the election judges or a majority
60.17of them are satisfied that:
60.18(1) the voter's name and address on the return envelope are the same as the
60.19information provided on the absentee ballot application;
60.20(2) the voter's signature on the return envelope is the genuine signature of the
60.21individual who made the application for ballots and the certificate has been completed as
60.22prescribed in the directions for casting an absentee ballot, except that if a person other
60.23than the voter applied for the absentee ballot under applicable Minnesota Rules, the
60.24signature is not required to match;
60.25(3) the voter is registered and eligible to vote in the precinct or has included a
60.26properly completed voter registration application in the return envelope; and
60.27(4) the voter has not already voted at that election, either in person or by absentee
60.28ballot.
60.29There is no other reason for rejecting an absentee ballot. In particular, failure to
60.30place the ballot within the security envelope before placing it in the outer white envelope
60.31is not a reason to reject an absentee ballot.
60.32The return envelope from accepted ballots must be preserved and returned to the
60.33county auditor.
60.34If all or a majority of the election judges examining return envelopes find that
60.35an absent voter has failed to meet one of the requirements prescribed in clauses (1) to
61.1(4), they shall mark the return envelope "Rejected," initial or sign it below the word
61.2"Rejected," and return it to the county auditor.

61.3    Sec. 7. Minnesota Statutes 2008, section 204B.04, subdivision 2, is amended to read:
61.4    Subd. 2. Candidates seeking nomination by primary. No individual who
61.5seeks nomination for any partisan or nonpartisan office at a primary shall be nominated
61.6for the same office by nominating petition, except as otherwise provided for partisan
61.7offices in section 204D.10, subdivision 2, and for nonpartisan offices in section 204B.13,
61.8subdivision 4 .

61.9    Sec. 8. Minnesota Statutes 2008, section 204B.04, subdivision 3, is amended to read:
61.10    Subd. 3. Nomination for nonpartisan office. No individual shall be nominated
61.11by nominating petition for any nonpartisan office except in the event of a vacancy in
61.12nomination as provided in section 204B.13.

61.13    Sec. 9. Minnesota Statutes 2008, section 204B.07, subdivision 1, is amended to read:
61.14    Subdivision 1. Form of petition. A nominating petition may consist of one or more
61.15separate pages each of which shall state:
61.16(a) the office sought;
61.17(b) the candidate's name and residence address, including street and number if
61.18any; and
61.19(c) the candidate's political party or political principle expressed in not more than
61.20three words. No candidate who files for a partisan office by nominating petition shall use
61.21the term "nonpartisan" as a statement of political principle or the name of the candidate's
61.22political party. No part of the name of a major political party may be used to designate the
61.23political party or principle of a candidate who files for a partisan office by nominating
61.24petition, except that the word "independent" may be used to designate the party or
61.25principle. A candidate who files by nominating petition to fill a vacancy in nomination for
61.26a nonpartisan office pursuant to section 204B.13, shall not state any political principle or
61.27the name of any political party on the petition.

61.28    Sec. 10. Minnesota Statutes 2008, section 204B.09, subdivision 1, is amended to read:
61.29    Subdivision 1. Candidates in state and county general elections. (a) Except as
61.30otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
61.31for county, state, and federal offices filled at the state general election shall be filed not
61.32more than 70 days nor less than 56 days before the state primary. The affidavit may
62.1be prepared and signed at any time between 60 days before the filing period opens and
62.2the last day of the filing period.
62.3    (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
62.4signed in the presence of a notarial officer or an individual authorized to administer oaths
62.5under section 358.10.
62.6    (c) This provision does not apply to candidates for presidential elector nominated by
62.7major political parties. Major party candidates for presidential elector are certified under
62.8section 208.03. Other candidates for presidential electors may file petitions on or before
62.9the state primary day pursuant to section 204B.07. Nominating petitions to fill vacancies
62.10in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall
62.11be accepted later than 5:00 p.m. on the last day for filing.
62.12    (d) Affidavits and petitions for county offices must be filed with the county auditor
62.13of that county. Affidavits and petitions for federal offices must be filed with the secretary
62.14of state. Affidavits and petitions for state offices must be filed with the secretary of state or
62.15with the county auditor of the county in which the candidate resides.
62.16    (e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
62.17by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
62.18must be received by 5:00 p.m. on the last day for filing.

62.19    Sec. 11. Minnesota Statutes 2008, section 204B.11, subdivision 2, is amended to read:
62.20    Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
62.21candidacy, a candidate may present a petition in place of the filing fee. The petition may
62.22be signed by any individual eligible to vote for the candidate. A nominating petition filed
62.23pursuant to section 204B.07 or 204B.13, subdivision 4, is effective as a petition in place of
62.24a filing fee if the nominating petition includes a prominent statement informing the signers
62.25of the petition that it will be used for that purpose.
62.26The number of signatures on a petition in place of a filing fee shall be as follows:
62.27(a) for a state office voted on statewide, or for president of the United States, or
62.28United States senator, 2,000;
62.29(b) for a congressional office, 1,000;
62.30(c) for a county or legislative office, or for the office of district judge, 500; and
62.31(d) for any other office which requires a filing fee as prescribed by law, municipal
62.32charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
62.33votes cast in the municipality, ward, or other election district at the preceding general
62.34election at which that office was on the ballot.
63.1An official with whom petitions are filed shall make sample forms for petitions in
63.2place of filing fees available upon request.

63.3    Sec. 12. Minnesota Statutes 2008, section 204B.13, subdivision 1, is amended to read:
63.4    Subdivision 1. Death or withdrawal. A vacancy in nomination may be filled in the
63.5manner provided by this section. A vacancy in nomination exists when:
63.6(a) (1) a major political party candidate or nonpartisan candidate who was nominated
63.7at a primary dies or files an affidavit of withdrawal as provided in section 204B.12,
63.8subdivision 2a ; or
63.9(b) a candidate for a nonpartisan office, for which one or two candidates filed, dies or
63.10files an affidavit of withdrawal as provided in section 204B.12, subdivision 1. (2) a major
63.11political party candidate for state constitutional office or the candidate's legal guardian
63.12files an affidavit of vacancy at least one day prior to the general election with the same
63.13official who received the affidavit of candidacy that states that:
63.14(i) the candidate has a catastrophic illness that was diagnosed after the deadline
63.15for withdrawal; and
63.16(ii) the candidate's illness will permanently and continuously incapacitate the
63.17candidate and prevent the candidate from performing the duties of the office sought.
63.18The affidavit must be accompanied by a certificate verifying that the candidate's
63.19illness meets the requirements of this clause, signed by at least two licensed physicians.

63.20    Sec. 13. Minnesota Statutes 2008, section 204B.13, subdivision 2, is amended to read:
63.21    Subd. 2. Partisan office; nomination by party. (a) A vacancy in nomination for
63.22partisan office shall be filled as provided in this subdivision effectively remove that office
63.23from the ballot. Votes cast at the general election for that office are invalid and the office
63.24must be filled in a special election held in accordance with section 204D.17, except as
63.25provided by this section.
63.26Except for the vacancy in nomination, all other candidates whose names would have
63.27appeared on the general election ballot for this race must appear on the special election
63.28ballot for this race. There must not be a primary to fill the vacancy in nomination.
63.29A major political party has the authority to fill a vacancy in nomination of that
63.30party's candidate by filing a nomination certificate with the same official who received
63.31the affidavits of candidacy for that office.
63.32(b) A major political party may provide in its governing rules a procedure, including
63.33designation of an appropriate committee, to fill vacancies in nomination for all federal
63.34and state offices elected statewide. The nomination certificate shall be prepared under the
63.35direction of and executed by the chair and secretary of the political party and filed within
64.1seven days after the vacancy in nomination occurs or before the 14th day before the
64.2general election, whichever is sooner. If the vacancy in nomination occurs through the
64.3candidate's death or catastrophic illness, the nomination certificate must be filed within
64.4seven days after the vacancy in nomination occurs but no later than four days before
64.5the general election. The chair and secretary when filing the certificate shall attach an
64.6affidavit stating that the newly nominated candidate has been selected under the rules of
64.7the party and that the individuals signing the certificate and making the affidavit are the
64.8chair and secretary of the party.

64.9    Sec. 14. Minnesota Statutes 2008, section 204B.13, is amended by adding a
64.10subdivision to read:
64.11    Subd. 7. Date of special election. The special election must be held on the second
64.12Tuesday in December.

64.13    Sec. 15. Minnesota Statutes 2008, section 204B.13, is amended by adding a
64.14subdivision to read:
64.15    Subd. 8. Absentee voters. All applicants for absentee ballots for the general
64.16election must be sent ballots for the special election, without submission of a new absentee
64.17ballot application.

64.18    Sec. 16. Minnesota Statutes 2008, section 204B.13, is amended by adding a
64.19subdivision to read:
64.20    Subd. 9. Subsequent vacancy in nomination. (a) A vacancy in nomination that
64.21occurs prior to a special election scheduled as a result of an earlier vacancy in nomination
64.22must be filled in the same manner as provided in this section, except that the previously
64.23scheduled special election must be canceled and a new special election held.
64.24(b) A special election required by this subdivision must be held on the second
64.25Tuesday of the month following the month during which the prior special election was
64.26scheduled to be held, provided that if the new special election date falls on a federal
64.27holiday, the special election must be held on the next following Tuesday after the holiday.

64.28    Sec. 17. Minnesota Statutes 2008, section 205.075, subdivision 1, is amended to read:
64.29    Subdivision 1. Date of election. The general election in a town must be held on the
64.30second Tuesday in March, except as provided in subdivision 2 or when moved for bad
64.31weather as provided in section 365.51, subdivision 1.

64.32    Sec. 18. Minnesota Statutes 2008, section 205.075, is amended by adding a subdivision
64.33to read:
65.1    Subd. 2a. Return to March election. The town board of a town that has adopted
65.2the alternative November election date under subdivision 2 may, after having conducted
65.3at least two elections on the alternative date, adopt a resolution designating the second
65.4Tuesday in march as the date of the town general election. The resolution must be
65.5adopted by a unanimous vote of the town supervisors and must include a plan to shorten
65.6or lengthen the terms of office to provide an orderly transition to the march election
65.7schedule. The resolution becomes effective upon an affirmative vote of the electors at
65.8the next town general election.

65.9    Sec. 19. Minnesota Statutes 2008, section 367.03, subdivision 4, is amended to read:
65.10    Subd. 4. Officers; November election. Except as provided in subdivision 4a,
65.11supervisors and other town officers in towns that hold the town general election in
65.12November shall be elected for terms of four years commencing on the first Monday in
65.13January and until their successors are elected and qualified. The clerk and treasurer shall
65.14be elected in alternate years.

65.15    Sec. 20. Minnesota Statutes 2008, section 367.03, is amended by adding a subdivision
65.16to read:
65.17    Subd. 4a. Optional six-year terms. The resolution required under section 205.075,
65.18subdivision 2, to adopt the alternative November date for town general election may
65.19include the proposal and corresponding transition plan to provide for a six-year term for
65.20town supervisors. A town that has adopted the alternative November date for general town
65.21elections using the four-year terms provided under subdivision 4 may adopt a resolution
65.22establishing six-year terms for supervisors as provided under this subdivision. The
65.23resolution must include a plan to provide an orderly transition to six-year terms. The
65.24resolution adopting the six-year term for town supervisors may be proposed by the town
65.25board or by a resolution of the electors adopted at the annual town meeting and is effective
65.26upon an affirmative vote of the electors at the next town general election.

65.27    Sec. 21. REPEALER.
65.28Minnesota Statutes 2008, sections 204B.12, subdivision 2a; 204B.13, subdivisions
65.294, 5, and 6; 204B.41; and 204D.169, are repealed.

65.30    Sec. 22. EXPIRATION.
65.31Sections 6 to 16 and 21 of this article expire on June 30, 2013."